The following words shall have the following meanings in this
chapter:
ASSISTANT FIRE OFFICIAL
A person appointed by the Fire Director to assist the Bureau
Chief and designated to direct the enforcement of the New Jersey (N.J.)
Uniform Fire Code by the appointing authority of the local enforcing
agency jurisdiction; an authorized representative of the Bureau Chief,
who is certified per N.J.A.C. 5:71-4.3.
AUTHORIZED REPRESENTATIVE
This shall mean and include representing oneself as authorized
to carry out inspection of life hazard uses on behalf of the Commissioner,
issuing orders pursuant to the Act, and assessing or imposing any
of the penalties provided for by the Act.
CHIEF OF THE BUREAU OF FIRE PREVENTION BUREAU CHIEF
The Chief of the Bureau of Fire Prevention, also known as "Fire Marshal," shall be certified by the Commissioner of the Department of Community Affairs (DCA) and appointed or designated to direct the enforcement of the Code and the State Fire Prevention Code by the appointing authority of the Mayor of the Township of East Hanover as set forth in §
26-39, pursuant to 5:71-3.3(a), hereof serving as the chief administrator of the local enforcing agency (LEA) and has been and carries out duties as pursuant to 5:71-3.3. This term "Fire Official," where the said person is the Bureau Chief.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substance into the waters of the township
or unto lands from which it might flow or drain into said waters,
except discharges pursuant to and in compliance with the conditions
of a valid federal or state permit.
EXPENDABLE ITEMS
Any items used to extinguish any fire or stop or contain
any leak or spill involving any hazardous material which cannot be
reused or cannot be replenished without cost after that particular
fire, leak or spill. These include but are not restricted to fire-fighting
foam, chemical extinguishing agents, absorbent material, sand, recovery
drums and specialized protective equipment, to include but not be
restricted to acid suite, acid gloves, goggles and protective clothing.
FIRE CHIEF
Under the supervisory authority of the Fire Director, has
charge of the Fire Department. Manages all Fire Department operations
to ensure their timely, thorough, and cost-effective preparation and
conduct; have command and control for the extinguishing of fires and
supervises and oversee all personnel comprising the East Hanover Volunteer
Fire Department, all apparatus and equipment used by said Department
at all fire and emergency scenes.
FIRE DIRECTOR
The Director of the East Hanover Fire Department (EHFD),
the supervisory authority of the FD, inclusive of the Bureau of Fire
Prevention.
FIRE INSPECTOR
A person working under the direction of the Bureau Chief
who is certified by the Commissioner of the DCA and appointed or designated
to enforce the Code by the appointing authority of a local enforcing
agency; an authorized representative(s) of the Fire Marshal/Bureau
Chief, also known as Fire Official.
FIRE MARSHALL
A person certified by the Commissioner of the DCA and appointed
or designated to direct the enforcement of the N.J. Uniform Fire Code
by the appointing authority of the local enforcing agency jurisdiction.
This term shall also include "Fire Official," where the Fire Official
has been appointed, pursuant to 5:71-3.3(a), and carries out duties
as pursuant to 5:71-3.3; said person is the Bureau Chief.
HAZARDOUS SUBSTANCE and/or HARZARDOUS MATERIAL
Any substance defined by the New Jersey Department of Environmental
Protection in DEQ-094, including the following guides: National Fire
Protection Association Guide of Hazardous Materials and Emergency
Response Guidebook, Materials Transportation Bureau, United States
Department of Transportation.
INCIDENT COMMANDER (IC)
The individual in overall command or control of the fire
service personnel and associated emergency equipment and emergency
vehicles at the site of an emergency incident; a person certified
by the Commissioner to hold a supervisory position at an emergency
scene.
OWNER
A person who owns, purports to own, manages, rents, leases,
or exercises control over a building, structure, premises, or use,
or a portion thereof; the owner or owners in fee of the property or
a lesser estate therein, a mortgagee or vendee in possession, an assignee
of rents, receiver, executor, trustee, lessee or any other person,
firm or corporation, directly or indirectly in control of a building,
structure or real property and shall include any subdivision thereof
of the state.
UNSTABLE REACTIVE CHEMICALS
Unstable reactive chemicals as defined in the Fire Prevention
Code and which are assigned a reactivity index of 3 or 4 according
to National Fire Protection Association standards.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
WATERS OF THE TOWNSHIP OF EAST HANOVER
The rivers, springs, streams and bodies of surface or ground
water, whether natural or artificial, within or forming the boundaries
of the Township of East Hanover.
Any owner(s) or lessee(s) who has obtained a permit under this
chapter shall have a continuing obligation to inform the Bureau Chief
of any additional hazardous substances that are brought onto the premises
by completion of a DEQ-094 form set forth above. This obligation is
satisfied by written communication to the Bureau Chief. There is no
obligation to amend a previous submission or to pay any additional
fees.
This chapter is in addition and intended to supplement existing
federal and NJDEP regulations, Codes of the Construction Officials
and Code Administrators (BOCA), National Fire Protection Association
(NFPA), Uniform Construction Code (UCC) and all other codes, ordinances,
regulations and statutes which have been or may be promulgated by
the Township of East Hanover, the State of New Jersey or the United
States of America. This chapter shall not be construed to restrict
or reduce existing regulations of hazardous substances in any manner
whatsoever, and requirements of all applicable state or federal laws
or regulations shall control in the event of any conflict with this
chapter.
The Bureau Chief shall use all reasonable means to see that
information clearly designated by an applicant or permit holder as
a trade secret is maintained as such. Such information shall be used
by the Bureau Chief and such experts as are utilized by the township
on a need-to-know basis in order to perform their duties. Such information
shall not be made available to other persons unless clearly required
by an emergency situation. The Bureau Chief shall follow the procedures
set up by the Department of Environmental Protection when dealing
with trade secrets.
Allowing a discharge as defined in §
91-1 of this chapter of a hazardous substance into the waters of the Township of East Hanover or to remain upon the ground so that it could enter into the waters of the Township of East Hanover is prohibited.
The owner, operator or person in charge of the facility or vehicle wherein a discharge of a hazardous substance occurs shall provide access to the area and records involving the discharge and the hazardous substance discharged to the Board of Health, Fire Department and Bureau Chief and Emergency Management Coordinator for the purpose of taking samples, photographs, photocopies of documents and statements from witnesses as to the discharge or hazardous substance discharged and subject to the provisions of §
91-7 and further subject to simultaneous providing of samples, photographs and statements to the owner, operator or person in charge of the facility.
The owner, operator or person in charge of the facility or vehicle
from which the New Jersey Department of Environmental Protection reportable
discharge of a hazardous substance occurs shall take all steps necessary
to contain and mitigate the discharge in order to minimize the possibility
of it reaching the public water supply or polluting any stream of
water.
The Bureau Chief or the Fire Chief may, as part of the site
plan process of the Planning Board or Board of Adjustment of the Township
of East Hanover, review all site plans with the intent to encourage
design aspects which would reduce the potential of the discharge of
hazardous substances, which design aspects are recognized by the BOCA
Codes and Subcodes. The report of the Bureau Chief or Fire Chief to
said Boards shall be guided by the following criteria.
The foregoing criteria shall be applicable to all hazardous
substance storage facilities within the Township of East Hanover.
Drum storage areas, including docks where drums containing hazardous
substances are stored, shall be served by adequate secondary containment
systems as may be required by applicable state or federal codes or
regulations.
Process, blending or mixing wastewater and cooling water pipes,
plant drains and similar installations which drain into sewers, storm
drains, public wastewater treatment plants, watercourses or other
routes which drain to waters of the township shall be designed and
constructed to be in compliance with local, state and federal regulations.
All portions of areas of facilities within which hazardous substances
are stored, processed, transferred or used shall be secured by locks
and fencing or other means so as to prevent theft or vandalism.
Hazardous substances stored in areas subject to flooding or
within the 100-year flood area of any watercourse shall be provided
with containment measures which will minimize the possibility of discharge
into floodwaters.
D. Liquor stores or taverns.
E. Retail dry cleaning facilities.
F. Residential dwellings, provided that no commercial activity, enterprise
or business utilizing the manufacture, processing, handling, use or
storage of hazardous substances is conducted within such dwelling.
Parties responsible for reimbursement to the Township for expendable
items shall be as follows:
A. The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous material.
B. The owner or operator of a vehicle responsible for any vessel containing
hazardous materials involved in any fire, leak or spill on public
or private property, whether stationary or in transit, whether accidental
or through negligence.
C. The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
D. Any person responsible for any fire, leak or spill of hazardous materials
on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement for any
expendable items defined herein and extraordinary services rendered
by any recovery company, towing company or other technical assistance
called for by the Fire Department to handle such incident. No Township
employee will render any direct service for the purpose of cleanup
of any hazardous material, spill or cleanup.
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Township of East
Hanover for the unrecoverable loss of any expendable items used by
the Township agencies to extinguish such a fire, stop or contain such
a leak or control such a spill within a period of 45 days after receipt
of a bill for such items from the Township of East Hanover or its
agencies.
Violations of this chapter shall be punished by a fine not to
exceed $2,000 or by imprisonment for not more than 90 days, or both.
Each day of violation shall be considered a separate and distinct
offense.
If any section or subsection of this chapter shall be found
or declared to be invalid, illegal or unconstitutional, that shall
not affect the remainder thereof, which shall remain in full force
and effect.
Municipal Ordinance §§
91-1 to
91-19 entitled "Hazardous Substances, Storage of," shall be specifically repealed upon adoption of this chapter.
This chapter shall take effect in accordance with law.