[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 12-27-2005 by Ord. No. 109-05. Amendments noted where
applicable.]
There are hereby adopted by the Mayor and Council of the Borough
of Bloomsbury, for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire, hazardous material
or explosion, those certain codes known as the "Uniform Fire Safety
Act of 1983" (N.J.S.A. 52:27D-192 et seq.) and the "New Jersey Uniform
Fire Code" (N.J.A.C. 5:70 et seq.).
Pursuant to Section 11 of the Uniform Fire Safety Act,[1] the New Jersey Uniform Fire Code, adopted as N.J.A.C.
5:70 et seq., shall be enforced locally within the established limits
of the Borough of Bloomsbury.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The New Jersey Uniform Fire Code shall be enforced by the Bureau
of Fire Prevention therein, hereinafter known as the "Bureau," a Division
of the Fire Department of the Borough of Bloomsbury, which is hereby
established and which shall be operated under the supervision of the
Fire Official, who shall be the chief administrator of the unit.
A.
Duties
of Bureau of Fire Prevention. The Bureau shall enforce the Uniform
Fire Safety Act and the codes and regulations adopted under it in
all the buildings, structures and premises within the established
boundaries of the Borough of Bloomsbury, other than owner-occupied
one- and two-family dwellings, and comply with the requirements of
the Uniform Fire Safety Act and the Uniform Fire Code as stated throughout.
B.
Inspections
of life hazard uses. The Bureau of Fire Prevention of the Bloomsbury
Fire Department shall carry out the periodic inspections of life hazard
uses required by the Uniform Fire Code on behalf of the Commissioner
of Community Affairs.
C.
Supervision
of enforcing agency. The local enforcing agency established under
the provisions of this chapter shall be a division of the Bloomsbury
Fire Department and shall be under the direct supervision and control
of the Fire Official, who will supervise the activities of the agency.
The Fire Official shall report directly to the Chief of the Bloomsbury
Fire Department.
A.
Appointment
of Fire Official. The appointment of the Fire Official shall be made
by the Mayor and Council of the Borough of Bloomsbury. The Mayor and
Council shall make the appointment from a list provided by the Chief
of the Bloomsbury Fire Department. The person(s) shall be certified
as a fire official by the Department of Community Affairs of the State
of New Jersey.
B.
Term of
office and duties of Fire Official. The Fire Official shall serve
for a term of five years. The duties of the Fire Official are set
forth under N.J.A.C. 5:70 et seq. and as stated throughout the code.
The Fire Official shall write a monthly report of the Bureau's
activities, which shall be transmitted to the Chief of the Fire Department
and the Mayor and Council through the Council Liaison. Any vacancy
in the position of the Fire Official shall be filled for the unexpired
term. The Fire Official shall recommend to the Chief of the Fire Department
and the Mayor and Council any amendments of the code which, in his
judgment, shall be desirable. The Fire Official shall be responsible
for the enforcement and implementation of the New Jersey Uniform Fire
Safety Act and the New Jersey Uniform Fire Code, and said Official
shall sign all purchase orders and vouchers and shall be responsible
for making reports and keeping records of all activities of the Bureau.
Such inspectors and other employees as may be necessary in the
local enforcing agency may be appointed by the Mayor and Council upon
recommendation of the Fire Official, within budgetary constraints.
The Fire Official may be removed from office if his removal
is recommended by the Chief of the Fire Department and the Mayor and
Council for inefficiency, misconduct and/or not fulfilling his duties.
Inspectors or other employees of the Bureau may be recommended for
removal by the Fire Official or the Chief of the Fire Department for
inefficiency, misconduct and/or for not fulfilling their duties. The
Fire Official, inspectors and other employees to be removed shall
be afforded an opportunity to be heard by the Mayor and Council at
a formal hearing, if so requested by them, and the actual discharge
from office must be done by action of the Mayor and Council.
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 of Hunterdon County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
The permit fees established by the Uniform Fire Code shall be
as set forth in N.J.A.C. 5:70 et seq. These fees are revised periodically
under the Administrative Code. Current fees are on file in the Clerk's
office.
Technical amendments to the Uniform Fire Code or permissible
amendments to the Uniform Fire Code shall not be more restrictive
than those imposed by the Uniform Construction Code, nor shall they
be less restrictive than those imposed by the Uniform Fire Code.
Fire inspectors shall perform inspections in accordance with
the rules and regulations established and set forth in N.J.A.C. 5:70
et seq. Inspectors shall prepare written reports within 15 days after
completing their inspections and shall then be responsible for furnishing
copies of said written reports to the Fire Official, the property
owner and the property user and/or tenant within 10 days after the
completion of said written reports. Notices to property owners and/or
users or tenants shall be given by certified mail, return receipt
requested, or by such other means as set forth in Section 20 of the
New Jersey State Uniform Fire Safety Act (N.J.S.A. 52:27D-211). The
inspector shall be responsible for conducting a follow-up inspection
of those premises which have violations within 15 days after the period
for correcting the violations has elapsed, and the inspector shall
then complete and file a written report with the Fire Official setting
forth the results of his follow-up inspection within seven days after
completing the follow-up inspection and shall advise the Fire Official
of any outstanding violations which have not been corrected. The inspector
shall also be responsible for testifying in court, if necessary, concerning
the nature and results of his inspections and reports. The inspector
shall undergo a yearly performance review by the Fire Official. Failure
to perform any of the requirements of the position shall be grounds
for removal. In situations involving imminent hazards, fire inspectors
shall prepare written reports and furnish copies of said written reports
to the Fire Official, the property owner and the property user and/or
tenant as required in accordance with provisions of N.J.A.C. 5:70
et seq.
