[Adopted as Ch. 54, Art. II, of the 1994 Code of Ordinances]
[Amended 12-15-2020 by Ord. No. 20-059]
Pursuant to Section 11 of the Uniform Fire Safety Act, the State
Uniform Fire Code shall be enforced locally within the Township of
Hamilton.
[Amended 2-16-2011 by Ord. No. 11-006; 2-2-2016 by Ord. No. 16-004; 12-18-2018 by Ord. No. 18-072; 2-19-2019 by Ord. No. 19-004; 12-15-2020 by Ord. No. 20-059]
The enforcing agency for the State Uniform Fire Code shall be
the Fire Prevention Bureau within the Hamilton Township Fire Division.
[Amended 12-18-2018 by Ord. No. 18-072; 12-15-2020 by Ord. No. 20-059]
The enforcement agency established by § 228-6 shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the enforcement agency, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Amended 12-15-2020 by Ord. No. 20-059]
The enforcing agency established by § 228-6 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Added 4-7-2020 by Ord.
No. 20-019; amended 12-15-2020 by Ord. No. 20-059]
A.
In addition to the registration required by the Uniform Fire Code, the non-life-hazard uses shall register with the local enforcing agency. These uses shall be inspected on an annual (eighteen-month) schedule established by the enforcing agency and shall pay an annual registration fee as set forth in § 228-12 and Chapter 215, Fees, of the Township Code. No use required to register with the State of New Jersey as a life hazard use shall be required to register pursuant to this section.
B.
The tenant/user/occupant of a tenant space will be responsible to
register and pay the fee for the space that a tenant/occupant of the
space actually occupies. All fees are based on the user group assigned
and the gross square footage of the area being registered.
C.
In buildings that have common and/or public areas, the owner of the
building is responsible to register and pay the fee for those common
and/or public areas.
D.
All registrations will be for a period of one year. Fees are not
refundable or transferable.
[Amended 12-15-2020 by Ord. No. 20-059]
The enforcing agency established by § 228-6 shall be a part of the Division of Fire and shall be under the supervision of the Fire Chief. Such funds as may be necessary to support the operations of the agency shall be raised by the Township in the manner provided by law.
[Amended 4-18-2012 by Ord. No. 12-016; 12-15-2020 by Ord. No. 20-059]
A.
Fire Official.
(1)
Appointment. The enforcing agency shall be under the direct supervision
of a Fire Official, who shall be appointed by the Township in compliance
with regulations set forth by the New Jersey Title 11A, Civil Service
Act.
(2)
Removal from office. Fire Officials of the enforcing agency shall
be subject to removal for inefficiency or misconduct. The Fire Official
shall be afforded an opportunity to be heard by the appointing authority
or a designated hearing officer.
B.
Inspectors and employees.
(1)
Appointment. The Township shall appoint such inspectors as may be
necessary to carry out all required inspection activity in the Township.
Such inspectors shall be under the supervision and control of the
Fire Official.
(2)
Removal from office. Inspectors and other employees of the enforcing
agency shall be subject to removal by the Township for inefficiency
or misconduct. Each inspector or employee shall be afforded an opportunity
to be heard by the appointing authority or a designated hearing officer.
C.
Any fire official or inspector employed by the local enforcing agency
shall be required to obtain the required certifications to enforce
the Uniform Fire Code from the New Jersey Department of Community
Affairs.
[Amended 12-15-2020 by Ord. No. 20-059]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
shall have the right to appeal to the Mercer County Construction Board
of Appeals.
A.
The permit fees established by the Uniform Fire Code shall be amended to be as set forth in Chapter 215, Fees, of the Township Code.
B.
Certificate of fire code status as per N.J.A.C. 5:70-2.2(e)1 of the Uniform Fire Code. Any request for a certificate of fire code status shall be set forth in Chapter 215, Fees, of the Township Code.
C.
Copies of fire reports shall be a maximum fee as set forth in Chapter 215, Fees, of the Township Code.
D.
Returned checks. In the event the Division of Fire receives a returned check from a bank for insufficient funds, a fee as set forth in Chapter 215, Fees, of the Township Code will be assessed.
E.
Fire watch coverage.
(1)
When requested or required by the Division of Fire to provide fire watch coverage by Division of Fire personnel due to an emergency condition or requirement of a permit function, the cost of such service shall be set forth in Chapter 215, Fees, of the Township Code, per hour/per man, paid directly from the building owner or responsible party to the Division of Fire.
(2)
Failure of a property owner or designated property representative
to establish or properly document a fire watch when requested by the
Division of Fire will result in an assessed penalty not to exceed
$250 per day for every day the condition exists.
