[New]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383; N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code
(N.J.A.C. 5:70-1.1 et seq.) shall be locally enforced in the municipality
of the Township of Edison.
[1999 Code § 18.12.030; New]
a.
Agency Designation. The local enforcing agency shall be the Bureau
of Fire Prevention. The Bureau of Fire Prevention shall hereinafter
be known as the local enforcing agency.
b.
Duties of Agency. The local enforcement agency shall enforce the
Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and the codes
and regulations adopted under it in all buildings, structures and
premises within the established boundaries of the Township of Edison,
other than owner-occupied one- and two-family dwellings and buildings
owned or operated by the Federal government, the State and interstate
agencies and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
c.
Organization. The local enforcing agency shall be under the direct
supervision and control of the Chief Fire Inspector/Fire Official,
who shall report directly to the Chief of the Division of Fire.
[1999 Code § 18-12-030; New; Ord.
No. O.1828-2013; Ord. No. O.2019-2018; amended 12-28-2022 by Ord. No. O.2168-2022]
The local enforcing agency established in this section shall
carry out the periodic inspections of life hazard uses required by
the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
a.
Registration Fees. All life hazard uses are subject to a one time
registration fee. This fee is to be submitted along with the Business
Registration form prior to opening and or conducting business within
the Township. The form and fee are to be submitted to the Fire Prevention
Bureau. Listed below is the fee schedule that is based on the square
footage of building and or structure.
1.
Up to four hundred ninety-nine (499) square feet of occupiable space:
fifty ($50.00) dollars.
2.
Five hundred (500) square feet to nine hundred ninety nine (999)
square feet of occupiable space: seventy-five ($75.00) dollars.
3.
One thousand (1,000) square feet to two thousand four hundred ninety-nine
(2499) square feet of occupiable space: one hundred twenty-five ($125.00)
dollars.
4.
Two thousand five hundred (2,500) square feet to four thousand nine
hundred ninety-nine (4999) square feet of occupiable space: one hundred
seventy-five ($175.00) dollars.
5.
Five thousand (5,000) square feet to eleven thousand nine hundred
ninety-nine (11,999) square feet of occupiable space: two hundred
twenty-five ($225.00) dollars.
6.
Twelve thousand (12,000) square feet to fifty thousand (50,000) square
feet of occupiable space: three hundred ($300.00) dollars.
7.
An additional thirty dollars ($30.00) for each thousand (1,000) square
feet over fifty thousand (50,000) square feet of occupiable space
to be inspected.
8.
Any person who shall violate the provisions of this section shall
be penalized by a fine equal to their registration fee.
[Added 2-10-2020 by Ord.
No. O.2064-2020]
b.
The owner(s) of businesses, occupancies, buildings, structures, or
premises to be inspected shall submit an owner registration application
for each space to be inspected.
It shall be a violation of this subsection for an owner to fail
to return such forms within thirty (30) days. If the ownership is
transferred whether by sale, gift, reorganization, receivership, foreclosure
or execution of process, the new owner shall file with the local enforcement
agency within thirty (30) days of transfer.
Applications shall be accompanied by fees in accordance with
the subsection.
[Amended 12-28-2022 by Ord. No. O.2168-2022]
A non-life hazard use shall include any use that is not a life
hazard use under the Uniform Fire Code.
a.
Inspections. The local enforcing agency shall inspect all non-life
hazard uses which require a Type 1 permit on a yearly basis as part
of renewing any such permit. All other non-life hazard uses shall
be inspected on a two year cycle in order to ascertain, 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 a violation of the provision or intent
of the Uniform Fire Code.
[Amended 2-8-2021 by Ord. No. O.2094-2021]
b.
Registration Fees. The owner(s) of all businesses, occupancies, buildings,
structures or premises to be inspected in paragraph a. shall be subject
to the following annual fee schedule.
1.
Up to four hundred ninety-nine (499) square feet of occupiable space:
fifty ($50.00) dollars.
2.
Five hundred (500) to nine hundred ninety-nine (999) square feet
of occupiable space: seventy-five ($75.00) dollars.
[Amended 2-10-2020 by Ord. No. O.2064-2020]
3.
One thousand (1,000) square feet to two thousand four hundred ninety-nine
(2,499) square feet of occupiable space: one hundred twenty-five ($125.00)
dollars.
4.
Two thousand five hundred (2,500) square feet to four thousand nine
hundred ninety-nine (4,999) square feet of occupiable space: one hundred
seventy-five ($175.00) dollars.
5.
Five thousand (5,000) square feet to eleven thousand nine hundred
ninety-nine (11,999) square feet of occupiable space: two hundred
twenty-five ($225.00) dollars.
6.
Twelve thousand (12,000) square feet to fifty thousand (50,000) square
feet of occupiable space: three hundred ($300.00) dollars.
7.
An additional thirty dollars ($30.00) for each thousand (1,000) square
feet over fifty thousand (50,000) square feet of occupiable space
to be inspected.
8.
Any person who shall violate the provisions of this section shall
be penalized by a fine equal to their registration fee.
[Added 2-10-2020 by Ord.
No. O.2064-2020]
c.
The owner(s) of businesses, occupancies, buildings, structures or
premises to be inspected shall submit an owner registration application
for each space to be inspected.
It shall be a violation of this section for an owner to fail
to return such forms within thirty (30) days. If the ownership is
transferred whether by sale, gift, reorganization, receivership, foreclosure
or execution of process, the new owner shall file with the local enforcement
agency within thirty (30) days of transfer.
Applications shall be accompanied by fees in accordance with
the section.
[1999 Code § 8.12.090; Ord. No.
O.2019-2018; amended 12-28-2022 by Ord. No. O.2168-2022]
a.
Permit Fees. The application fee for a permit shall be as follows:
[Amended 2-10-2020 by Ord. No. O.2064-2020]
|
Permit
|
Fee
|
|---|---|
|
Type 1
|
$85.00
|
|
Type 2
|
$239.00
|
|
Type 3
|
$452.00
|
|
Type 4
|
$667.00
|
|
Type 5
|
$1,380.00
|
|
Special Event Permit Fees:
| |
|
Per special event, up to 3 days duration, including
setup and takedown
|
$100.00
|
|
Per special event, 4 days to 6 days of duration,
including setup and takedown
|
$150.00
|
|
Per special event, 7 days to 10 days of duration,
including setup and takedown
|
$200.00
|
|
Per special event, 10 days of duration or longer,
including setup and takedown
|
$250.00
|
|
Tent Permit Fees:
| |
|
Per tent up to 16,800 square feet in area
|
$85.00
|
|
Per tent 16,800 square feet in area and greater
|
$250.00
|
|
Storage of Solid or Liquid Oxidizing Agent Permit Fees:
| |
|
Cold Sparklers Machine
|
$85.00
|
|
Mobile food truck semiannual permit
|
$350
|
|
Late permit processing fee
|
$50
|
b.
Permits Required.
1.
Type 1, 2, 3, 4 and 5 permits are required per N.J.A.C. 570-1.1 et
seq., of the Uniform Fire Code.
2.
Special Event Permits shall be required for short-term special events,
including but not limited to concerts, conferences, conventions, demonstrations,
exhibits, expositions, fairs and sports events, wherein an unusual
mass assembly of persons is expected to occur. This permit shall apply
to convention centers, cultural centers and exhibition halls. Public
buildings and events permitted under the Township Public Event Permit
are excluded. This permit shall be required for each special event
and shall be in addition to any other permits or approvals required
by law.
[Amended 2-10-2020 by Ord. No. O.2064-2020]
3.
Tent Permits shall be required for the erection, operation, or maintenance
of any tent, tensioned membrane structure, or canopy, excluding those
used for recreational camping purposes. This permit shall be required
for each tent erected and shall be in addition to any other permits
or approvals required by law.
4.
Storage of Solid or Liquid Oxidizing Agent Permits shall be required
for the seasonal storage of chlorine in solid or liquid forms. This
permit shall also be required for any building used for the storage
or distribution of solid or liquid oxidizing agents.
5.
Mobile food truck operators may apply for a semiannual permit which
will satisfy the requirement of a Type I permit at multiple venues
for a period of six months. Applications for said permit must be accompanied
by a valid fire suppression system test report, kitchen hood cleaning
report, and proof of Class K fire extinguisher inspection. The operator
must notify the Fire Code Official at least 72 hours in advance of
each event; failure to do so will result in a late permit processing
fee of $50. Mobile food trucks shall be subject to inspection at every
event.
[Added 2-10-2020 by Ord.
No. O.2064-2020]
6.
An event
venue may apply for a cold spark machine permit which will satisfy
the requirement of a Type 1 permit. A new permit must be obtained
for each event, unless unit is owned and operated by said event venue.
Sparkular and Pro X Blitzz machines must have a manufacturer’s
certified operator present. A properly serviced and tagged class D
extinguisher must be present regardless of manufacturer. Applications
for cold spark permits must be accompanied by a certificate of liability
insurance and a copy of the operator’s training certificate.
7.
Any person who fails to obtain a permit prior to said activity shall
be subject to the late permit processing fee of $50.
[Added 2-10-2020 by Ord.
No. O.2064-2020]
c.
Request for Fire Code Status. Request for Fire Code Status, as required
in N.J.A.C. 5:70-1.1 et seq., shall be obliged only after the completion
of a fire safety inspection, the fee for which shall be fifty ($50.00)
dollars.
[1999 Code § 8.12.100; amended 2-10-2020 by Ord. No. O.2064-2020; amended 12-28-2022 by Ord. No. O.2168-2022]
The following buildings are subject to registration and inspection
fees with the Edison Division of Fire and five-year periodic inspections
that are not covered by the New Jersey State Fire Code, N.J.A.C. 5:70-1.1
et seq.
a.
Multiple Dwelling Inspection Fees.
1.
All multiple dwellings with less than 13 units per building shall
be inspected every five years. The inspection fee shall be $150 per
building.
2.
All multiple dwellings with 13 units and no more than 24 units per
building shall be inspected every five years. The inspection fee shall
be $200 per building.
3.
All multiple dwellings with more than 24 units per building shall
be inspected every five years. The inspection fee shall be $300 per
building.
4.
The inspection fee shall be paid within 30 days of the certificate
of housing inspection and shall remain valid for a period of five
years.
5.
All multiple dwellings shall be subject to a reinspection fee of
$50 per building.
b.
Multiple Dwelling Registration.
1.
All multiple dwellings with one to five buildings shall have an annual
registration fee of one hundred fifty ($150.00) dollars.
2.
All multiple dwellings with six to 10 buildings shall have an annual
registration fee of two hundred ($200.00) dollars.
3.
All multiple dwellings with 11 to 15 buildings shall have an annual
registration fee of two hundred and fifty ($250.00) dollars.
4.
All multiple dwellings with 16 or more buildings shall have an annual
registration fee of three hundred and fifty ($350.00) dollars..
c.
Hotel/Motels. All hotels/motels that constitute life hazard uses
which are subject to registration with the Edison Division of Fire
and are covered by the New Jersey State Fire Code, N.J.A.C. 5:70-1.1
et seq., shall be exempt.
[Added 2-8-2021 by Ord. No. O.2094-2021
The Township of Edison will not issue or renew any permits or
business licenses for any individual, business owner or any other
entity that has any outstanding balance or fee owed to the Township
of Edison of any kind. Any and all outstanding balances and fees shall
be paid in full prior to any permits or business licenses being issued
or renewed under this chapter.
[Added 12-28-2022 by Ord.
No. O.2168-2022]
A Fire Watch is defined as a temporary measure intended to ensure
continuous and systematic surveillance of a building or portion(s)
thereof by one or more qualified individuals for the purposes of identifying
and controlling fire hazards, detecting early signs of unwanted fire,
raising an alarm of fire and notifying the fire department.
a.
A fire watch may be ordered by the Fire Official or their designee
for public or privately owned buildings or properties within the Township
under the following circumstances:
1.
When the mandated fire-protection systems are out of service because
due to system failure, repair, scheduled maintenance, or vandalism.
2.
When requested by the property owner, tenant, or lessee.
3.
At public or private events where one thousand (1,000) people or
more are in attendance.
4.
At an event with the approval of the Fire Official or their designee
the posted occupancy load is exceeded.
5.
When required by the Fire Code Official for building demolition or
building construction during working hours that is hazardous in nature.
6.
All situations deemed necessary by the Fire Official or their assigned
designee.
b.
A fire watch may include the maintaining of posted fire lanes, means
of egress, posted occupancy loads, enforcement of no smoking in posted
areas, building surveillance for signs of smoke or fire, ensuring
proper permits are approved, inspecting for proper safety precautions
of cooking equipment, and other functions as required by the Fire
Official or their designee.
c.
Failure to comply with a mandated fire watch, ruling, notice or other
action of the Fire Official, their designee, or the Fire Department,
may carry a minimum penalty of two thousand ($2,000.00) dollars or
up to a maximum of five thousand ($5,000.00) dollars per day.
[Added 12-28-2022 by Ord.
No. O.2168-2022]
Records of all tests, inspections, and maintenance pursuant
to the New Jersey Uniform Fire Code shall be submitted to the Township
Fire Department's Mobile Eyes Contractor Portal or any portal
as designated by the Fire Official by the person or entity performing
the test within five (5) business days. The categories of tests, inspections
and maintenance reports that must be submitted are dictated in the
New Jersey Uniform Fire Code 901.6.2 and 907.8.5.
[1999 Code § 8.40.010]
As used in this section:
Means a building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants.
Means any building, structure or trailer containing one (1)
or more rooms arranged for the use of one (1) or more persons as a
single housekeeping unit.
Means a device sensing visible or invisible smoke particles
or combustion which, when activated, shall provide an alarm sufficiently
audible to warn occupants in the dwelling unit, whether such occupants
are sleeping or awake. Any such smoke detector shall bear a seal,
tested and listed by an approved, nationally recognized fire testing
laboratory, shall comply in design to all applicable State, Federal
and industrial requirements, and, if such smoke detector is electrically
operated, then it shall be installed in conformance with the National
Electrical Code Standard 70 and comply with all applicable permits
and building subcode inspection requirements.
[1999 Code § 8.40.020]
Any new, rehabilitated or existing dwelling which is required
by law or regulation to have installed therein any smoke detector
or fire prevention system other than that which is required by this
section and does in fact have such system installed shall be exempted
from the provisions of this section.
[1999 Code § 8.40.030; amended 2-10-2020 by Ord. No. O.2064-2020]
a.
One smoke detector shall be installed on the highest habitable level
of every dwelling unit and on each floor level, including the basement,
where one of such detectors shall be located on the basement or cellar
ceiling as close as possible to the stairway opening. Additionally,
smoke detectors shall be installed within 10 feet of each sleeping
area.
b.
The smoke alarms required in Subsection a above shall be located and maintained in accordance with NFPA 72.
c.
Ten-year sealed battery-powered single station smoke alarms shall
be installed and shall be listed in accordance with ANSI/UL 217. However,
A/C-powered single or multiple-station smoke alarms installed as part
of the original construction or rehabilitation project shall not be
replaced with battery-powered smoke alarms.
d.
A/C-powered smoke alarms shall be accepted as meeting the requirements
of this section provided that they are not more than 10 years in age.
[1999 Code § 8.40.040; Ord. No.
O-1828-2013; Ord. No. O.2016-2018; amended 2-10-2020 by Ord. No. O.2064-2020; 12-28-2022 by Ord. No.
O.2168-2022]
a.
It shall be the responsibility of the owner of each dwelling unit
to comply with this section. It shall be unlawful for any owner to
fail or refuse to install such detectors in accordance with this section
or fail to maintain the detectors in proper working order.
b.
It shall be the duty of the tenant or occupant of a dwelling unit,
at his or her own cost and expense, to maintain and replace all batteries
of battery-operated and hard-wired battery backup smoke detector devices
installed by the owner in the dwelling unit. Any tenant who fails
to so maintain and replace such batteries shall be guilty of violating
this section.
c.
The duty of the tenant to maintain the batteries shall not relieve
the owner of the duty to maintain the detector unit in proper operating
order other than the batteries in the dwelling unit, as well as the
duty to maintain both the batteries and the unit installed in the
common areas of the dwelling.
d.
Upon compliance with this section and the Uniform Fire Code, N.J.A.C.
5:70-1 et seq., by any owner by resale or change in occupancy of a
single-family dwelling, a CO and a certificate of smoke detector compliance
shall be issued by the Fire Code Official in charge of enforcement.
Requests ten (10) business days prior to issuance, sixty ($60.00)
dollars. Requests four (4) to ten (10) business days prior, ninety
($90.00) dollars. Requests fewer than four (4) business days prior,
one hundred forty ($140.00) dollars. Should a reinspection be required
due to a failure to appear for an appointment a fifty ($50.00) dollar
fee shall be applied. Should a reinspection be required due to a failure
to comply with the conditions set forth within the Uniform Fire Code
a twenty ($20.00) dollar fee shall be applied.
e.
Non-compliance
with smoke detector and carbon monoxide alarm: Failure to obtain a
Certificate of Fire Compliance prior to closing of the property will
result in a penalty of not more than five hundred ($500.00) dollars.
Penalty will be assessed against the seller of the property.
[1999 Code § 8.40.050]
It is unlawful for any tenant, occupant, owner or any other
person to tamper with, damage, destroy, steal, paint over or do anything
to cause such smoke detector to malfunction or fail to operate.
[1999 Code § 8.40.060]
a.
Effective immediately, no certificate of occupancy shall be issued
for any new dwelling or newly rehabilitated dwelling unless the Division
of Fire certifies that such dwelling has complied with this section.
b.
After the enactment of this section, the Tax Collector shall promptly
notify all owners of record of dwelling units and thereafter all new
owners of record of dwelling units of the requirements of this section
and, in the same communication, forward the owners a certification,
to be executed under penalty of perjury, reciting that the owner has
complied with the requirements of this section and to be returned
to the Division of Fire.
[1999 Code § 8.40.070]
The Construction Official responsible for enforcement shall
be the Fire Protection Subcode Official and Electrical Official and
any other duly qualified inspector whose responsibilities are directly
related to the function, whether or not specifically provided for.
[1999 Code § 8.40.080]
In addition to the enforcement of this section by the Township
Officials, any person may institute and file a complaint in the Municipal
Court of Edison against any other person who is found violating any
provisions of this section.
[1999 Code § 8.40.090]
Any person violating this section shall be liable for a minimum fine of fifty ($50.00) dollars and a maximum fine not to exceed the penalty stated in Chapter I, Section 1-5 together with the penalty stated in N.J.S.A. 52:27D-198.3.
[1999 Code § 8.12.010]
There is adopted by the Township, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire and explosion, that certain Code known as the "Uniform Fire Code,
State of New Jersey, of the New Jersey Administrative Code" thereof
and all changes and additions that are adopted from time to time,
of which Code not less than three (3) copies have been and are now
filed in the office of the Clerk of the Township; and the same is
adopted and incorporated as fully as if set forth herein, the provisions
thereof shall be controlling within the limits of the Township.
[1999 Code § 8.16.040]
The limits referred to in Article 26 of the Uniform Fire Code,
in which storage of explosives and blasting agents is prohibited,
are established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.050]
a.
The limits referred to in Article 28 of the Uniform Fire Code, in
which storage of flammable liquids in outside aboveground tanks is
prohibited, are established as prescribed in the zoning ordinance
of the Township.
b.
The limits referred to in Article 28 of the Uniform Fire Code, in
which new bulk plants for flammable or combustible liquids are prohibited,
are established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.060]
The limits referred to in Article 30 of the Uniform Fire Code,
in which bulk storage of liquefied petroleum gas is restricted, are
established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.070]
The Director of Public Safety, the Chief of the Paid Fire Division
and a member of the Fire Prevention Bureau shall act as a committee
to determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies which shall
require permits in addition to those now enumerated in the Uniform
Fire Code. The Chief of the Paid Fire Division shall post such list
in a conspicuous place in his or her office and distribute copies
thereof to interested persons.
[1999 Code § 8.16.080; Ord. No.
O.1607-2008§ 7; Ord. No.
O.1722-2009§ 2]
a.
Authority is vested in the Chief of the Fire Department and the Chief
of Police or his/her designee to establish and designate fire and
emergency access lanes in and around private property, parking areas
and parking places which are open to the public or to which the public
is invited.
b.
The fire and emergency access lanes may include, but are not limited
to, no-parking or no-standing areas, traffic directional lanes and
areas designated solely for pedestrian traffic. Parking shall be in
the designated areas.
c.
Fire and emergency access lanes shall be in those locations and of
sufficient design as may be reasonably required by the public safety
and welfare. The purpose of these lanes is to guarantee unimpaired
ingress and egress in and around public parking areas and to and around
all buildings located in these areas in the event of fire or other
emergency, for police, fire and other emergency vehicles. These lanes
shall be installed by the property owner with acceptable signs and
paint on the pavement provided by the property owner and installed
and maintained under the guidance and direction of the Chief of the
Fire Department and the Chief of Police or his/her designee.
d.
No person, firm or corporation, or any of their agents or employees,
shall leave standing or cause to be parked any vehicle in any of the
aforementioned lanes nor cause any other obstruction in these designated
lanes.
e.
All fire hydrants, standpipes and ten (10) feet on either side of
the hydrant and standpipes shall be designated as fire zones. Such
designation shall apply to all fire hydrants and standpipes located
within the Township.
f.
The Chief of the Fire Department and the Chief of Police or his/her
designee shall have concurrent jurisdiction to enforce the provision
of this subsection by the issuance of summonses or complaints. In
addition to the penalties provided hereafter, any vehicle parked in
violation of the regulations provided under this subsection may be
towed away summarily by the Police Department at the expense of the
violator.
g.
Any person who shall violate the provisions of this section shall
be punished by a fine of not more than five hundred ($500.00) dollars
or by imprisonment of not more than ninety (90) days, or both, at
the discretion of the court.
[1999 Code § 8.16.090]
a.
Barbecue grills using propane fuel with fuel tanks attached shall
not be located or operated within or upon any building or within five
(5) feet laterally of any building, wall or overhang.
b.
Barbecue grills using charcoal or wood fuel shall not be operated
within or upon any building or within five (5) feet laterally of any
building, wall or overhang.
[Ord. No. O.1725-2009§ I;
amended 12-28-2022 by Ord. No. O.2168-2022]
a.
The following structures shall be equipped with a key lock box at
or near the main entrance or such other location required by the Fire
Official:
1.
Commercial or industrial structures protected by an automatic alarm
system or automatic suppression system, or such structures that are
secured in a manner that restricts access during an emergency;
2.
Multi-family residential structures that have restricted access through
locked doors and have a common corridor for access to the living units;
3.
Governmental structures and nursing care facilities.
b.
All newly constructed structures subject to this subsection shall
have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures in existence on the effective
date of this section and subject to this section shall have one (1)
year from the effective date of this section to have a key lock box
installed and operational.
c.
The Fire Official shall designate the type of key lock box system
to be implemented within the Township and shall have the authority
to require all structures to use the designated system.
d.
The owner of or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow
for access to the structure.
e.
Key Box Maintenance. The operator of the building shall immediately
notify the Fire Official and provide the new keys when a lock is changed
or re-keyed. The key to such lock shall be secured in the key box
(N.J.A.C. 5:70-3, 506.2).
f.
The Fire Official shall be authorized to implement rules and regulations
for the use of the lock box system.
g.
Any person who owns or operates a structure subject to this section shall be subject to the penalties set forth in Section 16-6 of this Code for any violation of this subsection, provided that the MAXIMUM fine for a conviction for a violation of this section shall be two thousand ($2,000.00) dollars.
h.
All five inch (5") Stortz Fire Department Connections must be equipped
with locking knox caps.
[1999 Code § 8.16.100; Ord. No.
O.1725-2009§ I]
The Chief of the Paid Fire Division shall have power to modify
any of the provisions of the Uniform Fire Code upon application in
writing by the owner or lessee or his or her duly authorized agent
when there are practical difficulties in the way of carrying out the
strict letter of the Uniform Fire Code, provided that the spirit of
the Uniform Fire Code shall be observed, public safety secured and
substantial justice done. The particulars of such modification, when
granted or allowed, and the decision of the Chief of the Paid Fire
Division thereon shall be entered upon the records of the Division,
and a signed copy shall be furnished to the applicant.
[1999 Code § 8.16.110; Ord. No.
O.1725-2009§ I]
Whenever the Chief of the Paid Fire Division shall disapprove
an application or refuse to approve a permit applied for, or when
it is claimed that the provisions of the Uniform Fire Code do not
apply or that the true intent and meaning of the Uniform Fire Code
have been misconstrued or wrongly interpreted, the applicant may appeal
from the decision of the Chief of the Paid Fire Division to the Board
of Adjustment of the Township within thirty (30) days from the date
of the decision appealed. Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act, (see N.J.S.A. 52-27D-206 and N.J.S.A. 52-27D-208)
any person aggrieved by any order of the local enforcement agency
or agencies shall have the right to appeal to the Construction Board
of Appeals of the County of Middlesex.
[1999 Code § 8.16.120; Ord. No.
O.1725-2009§ I]
a.
Any person who shall violate any of the provisions of the Uniform
Fire Code or fail to comply therewith, or who shall violate or fail
to comply with any order made thereunder, or who shall build in violation
of any detailed statement of specifications or plans submitted and
approved thereunder and from which no appeal has been taken or who
shall fail to comply with such an order as affirmed or modified by
the Board of Adjustment of the Township or by a court of competent
jurisdiction within the time fixed herein, shall severally for each
and every such violation and noncompliance respectively be liable,
upon conviction, to the penalty stated in N.J.A.C. 5:70-2.12. The
imposition of one (1) penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each ten (10) days
that prohibited conditions are maintained shall constitute a separate
offense.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
c.
Fire Department Costs.
1.
When an owner has been given notice of the existence of a violation
of this Code and has not abated the violation, he or she shall be
liable to a penalty in the amount of the actual cost to the Fire Department
of suppressing any fire directly or indirectly resulting from the
violation.
2.
Such cost shall be certified by the Chief of the Paid Fire Division,
and he or she shall assess the amount certified and collect it under
the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) in the Superior
Court, County district court or Municipal Court.
3.
All moneys collected pursuant to this subsection shall be paid to
the Municipality and appropriated to the Fire Department to defray
the certified costs.
