[1]
Editor's Note: Former Section 12-1, Adoption of BOCA Fire Prevention Code, previously codified herein and containing portions of Ordinance #274 and 761 and former Section 12-2, Fees, previously codified herein and containing portions of Ordinance #274 and 857 were repealed in their entirety by Ordinance #1347, § I.
[Ord. #903; Ord. #1347, § II]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) N.J.S.A. 52:27D-192 et seq. the New Jersey Uniform Code shall be locally enforced in the Township of Mahwah.
[Ord. #903; Ord. #1347, § II]
The local enforcing agency shall be the Fire Prevention Bureau of the Township of Mahwah.
[Ord. #903; Ord. #1347, § II]
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, 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.
[Ord. #903; Ord. #1347, § II]
The local enforcing agency established by subsection 12-1.2 of this Chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Ord. #1499, § I]
The local enforcing agency established by subsection 12-1.2 of this chapter shall carry out annual inspections of non-life hazard uses and, where needed, semi-annual inspections. In the event that a violation notice is issued, the local enforcing agency shall, in addition, carry out reinspections.
All non-life hazard uses shall be inspected for compliance with the Uniform New Jersey Fire Code periodically but not any less often than annually.
[Ord. #903; Ord. #1347, § II]
The head of the Fire Prevention Bureau shall be the Fire Official. The Fire Official shall serve as the Chief Administrator of the Fire Prevention Bureau and shall report to the Township Business Administrator.
[Ord. #903; Ord. #1347, § II]
a. 
Fire Official. The Fire Official shall be appointed by the Mayor with the advice and consent of the Council pursuant to the Uniform Fire Safety Act.
b. 
Inspectors and Employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Business Administrator upon the recommendation of the Fire Official pursuant to the Uniform Fire Safety Act.
c. 
The appointment, discipline, removal and other conditions of employment of the Fire Official and Fire Inspectors shall be as set forth in the Township Personnel Policy in Chapter 19 of the Township Code.
[Ord. #903; Ord. #1347, § II]
Pursuant to Sections 15 and 17 of the Uniform 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 the County of Bergen.
[Ord. #903; New; Ord. #1021; Ord. #1094, § I; Ord. #1136; Ord. #1357, § II; Ord. #1499, § II; Ord. #1663, § 1]
In addition to the inspections and fees required pursuant to the Act and regulations of the Department of Community Affairs, and except for uses required to register with the State, the following inspections and fees shall be required for each building and each use within each building if multi-use facilities:
Use Group/Fee
a. 
Assembly: $150.
b. 
Business: Group B:
Gross floor area of the building or part of the building used for business.
1. 
Up to 6,000 sq. ft.: $95.
2. 
Six thousand one to 12,000 sq. ft.: $125.
3. 
Twelve thousand one to 20,000 sq. ft.: $150.
4. 
Twenty thousand one to 35,000 sq. ft.: $200.
5. 
Over thirty-five thousand sq. ft.: $350.
c. 
Factory or Industrial, or Storage Buildings:
1. 
Up to 12,000 sq. ft.: $125.
d. 
Mercantile:
Under 5,000 sq. ft.: $60.
Five thousand to 10,000 sq. ft.: $150.
Over 10,000 sq. ft.: $180.
e. 
(Reserved)
f. 
Temporary and Miscellaneous: $150.
g. 
Certificate of Smoke Detector Installation: $90.
[Amended 6-3-2021 by Ord. No. 1932]
h. 
Vacant Buildings: Buildings or tenant areas that are not occupied shall pay the following:
Up to 6,000 sq. ft.: $50.
6,001 to 12,000 sq. ft.: $75.
12,001 to 35,000 sq. ft.: $110.
35,001 to 75,000 sq. ft.: $150.
Over 75,001 sq. ft.: $300.
i. 
All use groups not paying required fees within 60 days of notification will be required to pay an additional $100 late fee.
j. 
Buildings owned by the Board of Education and operated solely for Board of Education services, municipal libraries and buildings owned by the Township are exempt from the fees imposed by this subsection.
k. 
Owners of real estate, the use of which requires fees to be paid for inspections, shall be responsible for the payment of those fees. Inspections shall be conducted annually or more frequently if so determined by the Bureau of Fire Prevention.
[Ord. #903; Ord. #1094, § II; Ord. #1347, § II]
Application fees for permits shall be as set forth in N.J.A.C. 5:70-2.9(c) for Types 1, 2, 3, 4 and 5.
a. 
Type 1 Fire Permit - $54.
b. 
Type 2 Fire Permit - $214.
c. 
Type 3 Fire Permit - $427.
d. 
Type 4 Fire Permit - $641 (except for storage activity at a premises registered as a life hazard use in accordance with N.J.S.A. 5:70-2.9).
e. 
Type 5 Fire Permit - no charge.
Fees for single event individual permits shall be paid at the time of application. All other permit fees are annual permit fees and are to be paid on January 1st of each year for the calendar year for which the same is paid or payable.
[Ord. #556; Ord. #651; Ord. #824; 1976 Code § 23-9; Ord. #903; Ord. #1347, § II]
All new and existing shipyards, oil storage plants, lumber yards, amusement or exhibition parks, and educational or institutional complexes and similar occupancies and uses involving high fire, or life hazards, and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices.
The Fire Official shall designate and approve the number and location of fire hydrants. The Fire Official may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.
[Ord. #903; Ord. #1347, § II]
The Fire Official may assess penalties as set forth in N.J.A.C. 5:70 for violations of the Uniform Fire Code. The Fire Official may assess penalties for local violations of this section in accordance with the Township Code Section 1-5.
[Ord. #1499, § III]
All monies collected pursuant to N.J.A.C. 5:70 et seq. shall be placed in a special municipal trust fund entitled the Fire Safety Fund, to be applied to the cost to the township of firefighter training and/or new firefighting equipment.