Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced
in the municipality of the Township of Irvington.
[Amended 3-13-2018 by Ord. No. MC 3635]
The local enforcing agency shall be the Bureau of Fire Prevention.
The local enforcement agency 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 Township
of Irvington, 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.
The local enforcing agency established by §
307-16 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 Community Affairs.
[Amended 12-28-2016 by Ord. No. MC 3594]
The local enforcing agency established by §
307-16 of this article shall be a part of Irvington Fire Department and shall be under the direct supervision and control of the Director of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 12-28-2016 by Ord. No. MC 3594]
The local enforcing agency shall be under the direct supervision
of a Fire Official who shall be appointed by the Director of the Department
of Public Safety and shall serve at the discretion of the Director
of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 12-28-2016 by Ord. No. MC 3594]
Such inspectors and other employees as may be necessary in the
local enforcing agency shall be appointed by the Director of the Department
of Public Safety.
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 Construction Board of
Appeals of Essex County.
[Added 8-11-1987 by Ord.
No. MC 2834; amended 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord.
No. MC 3553; 3-13-2018 by Ord. No. MC 3635; 9-12-2022 by Ord. No. MC 3801]
A. In addition to the inspections and fees required pursuant to the
act and the regulations of the Department of Community Affairs,
the following additional annual inspections and fees shall be required:
(1) All buildings or portions thereof except owner-occupied one- or two-family
dwellings, or buildings, structures, and premises owned or operated
by the state, interstate agencies or the federal government shall
be inspected annually, or as often as determined necessary by the
Fire Official.
B. Non-life-hazard uses.
(1) The owner of all businesses, occupancies, buildings, structures or
premises required to be inspected under the Uniform Fire Code shall
apply annually to the Fire Prevention Bureau for a certificate or
registration upon forms provided by the Fire Official. An owner shall
be in violation for failure to return such forms to the Fire Prevention
Bureau and/or Fire Official within 30 days of receipt. If ownership
is transferred, whether by sale, assignment, gift, reorganization,
foreclosure or any other method, the new owner shall file with the
Fire Prevention Bureau an application for a certificate or registration.
(a)
Exemptions:
[1]
Owner-occupied one- and two-family dwellings.
[2]
Occupancies required to register with the Division of Community
Affairs as Life Hazard Use Groups per the New Jersey Uniform Fire
Code.
(2) Vacant buildings, which create a fire hazard, shall be charged and
inspected according to the previous use of the building.
(3) The local enforcing agency shall periodically inspect such premises.
These inspections shall be made in accordance with the New Jersey
Uniform Fire Code as often as may be necessary for the purpose of
ascertaining and cause to be corrected any conditions liable to cause
fire, contribute to the spread of fire, interfere with fire operations,
endanger life, or any conditions constituting violations of the provision
or intent of the New Jersey Uniform Fire Code.
C. Additional required registration and permit fees. In addition to
the registration and permit fees required by the Uniform Fire Safety
Act, the Fire Official, with the approval of the Township of
Irvington Municipal Council, hereby establishes the following registration
and permit fees:
(1) The following buildings, uses and premises contained in the section
shall be subject to annual registration fees and periodic inspections.
Use Type and Description
|
Fee
|
---|
Office buildings, other than life-hazard uses: 1 to 7 offices
|
$70
|
Office buildings, other than life-hazard uses: 8 to 16 offices
|
$90
|
Office buildings, other than life-hazard uses: 17 or more offices
|
$170
|
Supermarkets/food marts/grocery stores having less than 12,000
square feet
|
$100
|
Hardware/appliance/furniture stores having less than 12,000
square feet
|
$100
|
Retail stores/mercantile buildings having less than 7,000 square
feet
|
$50
|
Retail stores/mercantile buildings having more than 7,000 but
less than 12,000 square feet
|
$170
|
Any other commercial/business occupancy with less than 1,000
square feet
|
$50
|
Any other commercial/business occupancy with 1,000 to 5,999
square feet
|
$125
|
Any other commercial/business occupancy with 6,000 to 9,999
square feet
|
$175
|
Any other commercial/business occupancy with 10,000 square feet
or more
|
$200
|
(2) Non-life-hazard use (LHU) mixed-use properties.
Use Type and Description
|
Fee
|
---|
Mixed use, commercial/business with 3 to 7 dwelling units
|
$90
|
Mixed use, commercial/business with 8 to 17 dwelling units
|
$170
|
Mixed use, commercial/business with more than 17 dwelling units
|
$270
|
(3) Non-life-hazard use (LHU) multiple-dwelling properties.
Use Type and Description
|
Fee
|
---|
Multiple dwelling with common area having 3 to 7 dwelling units
|
$70
|
Multiple dwelling with common area having 8 to 16 dwelling units
|
$90
|
Multiple dwelling with common area having 17 to 25 dwelling
units
|
$170
|
Multiple dwelling with common area having more than 25 dwelling
units
|
$270
|
(4) Fees for reinspection.
Reinspection
|
Fee
|
---|
1st
|
50% of the initial fee
|
2nd
|
$150
|
3rd
|
$300
|
D. Enforcement; violations and penalties.
(1) Failure to file the application and/or pay the fee within 30 days
as set forth above shall subject the registrant/applicant to a fine
of an amount equal to double the applicable registration fee but not
less than $200 or more than $1,000 for each registration, in addition
to any unpaid fee.
(2) Enforcement, violations and penalties shall be managed in conformity
with the Uniform Fire Safety Act, the Uniform Fire Code, and all other laws of the State
of New Jersey.
(3) Pursuant to the provisions of N.J.A.C. 5:71-2.6, all permit fees
and other fees provided for or allowed by this subsection and any
penalties collected pursuant hereto shall be collected and retained
fully on behalf of the Fire Prevention Bureau and shall be appropriated
by the governing body to the Bureau for the purpose of enforcing this
code, operating the local enforcing agency and advancing local fire
prevention interests.