[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."
[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.
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]
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]
[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]
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.
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.
