Township of Irvington, NJ Article II Enforcement of Uniform Fire Code

[Adopted 8-6-1985 by Ord. No. MC 2789 (Ch. 102, Art. II, of the 1981 Revised Code)]

§ 307-15 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383)[1] the New Jersey Uniform Fire Code shall be locally enforced in the municipality of the Township of Irvington.

[1] Editor's Note: See N.J.S.A. 52:27D-202.

§ 307-16 Enforcement agency.

[Amended 3-13-2018 by Ord. No. MC 3635]

The local enforcing agency shall be the Bureau of Fire Prevention.

§ 307-17 Duties.

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[1] and the Uniform Fire Code.

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 307-18 Inspection of life hazard uses.

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.

§ 307-19 Organization.

[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.

§ 307-20 Fire Official.

[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.

§ 307-21 Inspectors and employees.

[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.

§ 307-22 Boards of Appeal.

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 Essex County.

[1] Editor's Note: See N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-208.

§ 307-23 Additional required inspections and fees.

[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[1] 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.

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

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,[2] 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

[2] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

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,[3] the Uniform Fire Code, and all other laws of the State of New Jersey.

[3] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

(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.

§ 307-24 (Reserved) [1]

[1] Editor's Note: Former § 307-24, Fire registration fee for non-life-hazard uses, added 8-6-2013 by Ord. No. MC 3497, was repealed 9-12-2022 by Ord. No. MC 3801. See now § 307-23.