[Adopted 11-26-1985 by Ord. No. 85-12]
[Amended 8-8-2006 by Ord. No. 06-13]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Westwood.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 8-8-2006 by Ord. No. 06-13[1]]
The local enforcing agency shall be the Westwood Fire Prevention Bureau. The Westwood Fire Prevention Bureau shall be referred to in this article as the "local enforcing agency."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-8-2006 by Ord. No. 06-13]
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Borough of Westwood other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by the federal government, interstate agencies, the State of New Jersey or the County of Bergen.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
C. 
The local enforcing agency shall consider ways and means of improving fire prevention practices and shall advance local fire prevention interest through training and education of the general public in fire safety.
[Amended 8-8-2006 by Ord. No. 06-13]
A. 
The local enforcing agency, established by § 166-3 of this article, shall be under the direct supervision and control of the Fire Official/Marshal, who shall report to the Fire Commissioner. The Fire Official/Marshal shall serve as the chief administrator of the agency. He or she shall establish the day-to-day operating routines of the agency and shall coordinate the activities of any inspectors or other staff. [N.J.A.C. 5:71-3.2(a)][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The municipality and the Fire Department shall ensure that the local enforcing agency has an adequate number of inspectors to complete all necessary inspections and review all permit applications and act on them in a timely manner, as well as sufficient staff to ensure that enforcement actions are taken in a timely manner when violations are found and not corrected. [N.J.A.C. 5:71-3.2(b)][2]
[2]
Editor's Note: Original Subsection C, regarding from whom the local enforcing agency shall be subject to direction, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-8-2006 by Ord. No. 06-13]
A. 
Appointment and qualifications of the Fire Official/Marshal. The Fire Official/Marshal shall be certified in accordance with N.J.A.C. 5:71-4 at time of appointment. He or she shall be appointed by the Governing Body from a list of three names submitted by the Westwood Fire Department, Board of Fire Officers.
B. 
Appointment and qualifications of inspectors and other employees and staff. Inspectors and other employees of the local enforcing agency shall be appointed by the Governing Body upon the recommendation of the Fire Official/Marshal. Any inspectors engaged in the inspection of life-hazard uses shall be certified as specified in N.J.A.C. 5:71-4.
C. 
Appointment of legal counsel. The Governing Body shall specifically appoint legal counsel to assist and represent the local enforcing agency in all matters related to the Uniform Fire Code. Such legal counsel shall advise the agency and undertake such actions at law as the Fire Official/Marshal shall deem necessary. [N.J.A.C. 5:71-3.2(d)]
D. 
Term of office.[1]
(1) 
The Fire Official/Marshal shall serve for a term of four years. An individual certified by the state shall fill any vacancy for the unexpired term.
(2) 
Fire inspectors shall serve for a term of two years. An individual certified by the state shall fill any vacancy for the unexpired term.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Removal from office. The Fire Official/Marshal, inspectors and other employees of the local enforcing agency shall be subject to removal by the Governing Body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the Governing Body or a hearing officer designated by the same.
[Amended 8-8-2006 by Ord. No. 06-13]
The local enforcing agency established by § 166-3 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs. No local enforcing agency shall employ any person to enforce the provisions of the Uniform Fire Code at a life-hazard use, unless that person shall be certified in accordance with the provisions of N.J.A.C. 5:71-4.
[Added 8-8-2006 by Ord. No. 06-13[1]]
A. 
In addition to the registrations required by the Uniform Fire Code, all non-life-hazard uses shall be registered with the local enforcing agency. These uses shall be inspected once per year, and the annual registration fees as per Subsection B shall be paid. The fee is not to be used for life-hazard uses as defined in the Uniform Fire Code.
B. 
Fees shall be as set forth in Schedule A, which is included at the end of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals designated for the Borough of Westwood.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the inspections and fees set forth on Schedule A[1] shall be required.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A. 
The permit fees established by the Uniform Fire Code shall apply.
B. 
Wherever the Borough of Westwood shall have established a permit fee for which the Uniform Fire Code also establishes a fee, or wherever the Westwood ordinances or Fire Prevention Code contains requirements on a matter included in the Uniform Fire Code, the more stringent set of standards shall apply.
The Fire Prevention Bureau may employ such staff members as are necessary to carry out its designated functions. However, said employees shall be hired and fired by the Mayor and Council of the Borough of Westwood in accordance with the Borough's personnel policies and other terms and conditions of employment except where the same are modified to meet the particular needs of the Fire Prevention Bureau. The duties and compensation of said employees shall be prescribed by the Mayor and Council upon advice of the Fire Prevention Bureau.
Pursuant to N.J.S.A. 52:27D-213(b), buildings, structures and premises owned or operated by the state, its agencies, departments or instrumentalities or an interstate agency shall be inspected exclusively by the Department of Community Affairs or any agent thereof, including the Fire Prevention Bureau, provided that said agent has been given express written authorization by the Department of Community Affairs pursuant to duly enacted regulations delegating said inspection authority.
The Fire Prevention Bureau shall annually adopt a budget substantially consistent with the Local Fiscal Affairs Law[1] in general and, in particular, in accordance with the Fiscal Guidelines Pertaining to Implementation and Administration of the Uniform Fire Code, as promulgated by the New Jersey Department of Community Affairs.
[1]
Editor's Note: See N.J.S.A. 40A:5-1 et seq.