Pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq., shall be locally enforced in the Borough of Flemington.
The local enforcing agency shall be the Bureau of Fire Safety in the Office of Code Enforcement.
The Bureau of Fire Safety 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 Borough other than: owner-occupied one- and two-family dwellings; premises owned by or leased to and maintained by the federal government or any agency or instrumentality thereof; and interstate agencies, the State of New Jersey, or any agency or instrumentality thereof. In undertaking such enforcement, the Bureau of Fire Safety shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency established by § 8-2 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.
The Bureau of Fire Safety, designated in § 8-2 as the local enforcing agency, shall be part of the Office of Code Enforcement. The Fire Marshal shall be the chief administrator of the Bureau of Fire Safety and shall report to the Code Enforcement Liaison for Council.
Appointment of Fire Marshal. The Bureau of Fire Safety shall be under the supervision of the Fire Marshal, who shall be appointed by the Mayor, with the advice and consent of the Council.
The Fire Marshal shall serve for a term of three years. Upon a vacancy in the office prior to the end of the three-year term, the new Fire Marshal's three-year term shall commence upon appointment by the Mayor with the advice and consent of the Council pursuant to resolution.
Such Deputy Fire Marshal(s) and other employees of the Bureau of Fire Safety as may be necessary shall be appointed by the Mayor with the advice and consent of the Council pursuant to resolution and shall be under the supervision and control of the Fire Marshal.
All employees of the Bureau of Fire Safety shall be subject to disciplinary action, including but not limited to removal, pursuant to Borough personnel policies. An employee so removed shall be afforded an opportunity to be heard by a hearing officer designated by the Mayor and Council. The determination of the hearing officer shall be final.
The Governing Body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
Pursuant to the Uniform Fire Safety Act, any person aggrieved by any order of the Bureau of Fire Safety shall have the right to appeal to the Construction Board of Appeals of the County of Hunterdon.
[Amended 11-27-2023 by Ord. No. 2023-31]
All owners of buildings, premises, structures, or uses within a structure which are required to be registered as a life hazard use or requires registration as a non-life hazard use by the Flemington Bureau of Fire Safety and except single-family and two-family dwellings occupied by the holder of title to the property shall register and annually obtain a certificate from the Fire Marshal.
It shall also be the responsibility of the owners of the building, premises, structure or use to ensure that each individual tenant in their owned property has registered with the Bureau of Fire Safety.
Failure to comply with the registration requirements, or failure to ensure a tenant has registered, may result in penalties being issued. Penalties shall not exceed $500 per individual occurrence.
Before a certificate of inspection is issued, the Fire Marshal or the Fire Marshal's designated representative shall make or cause to be made an inspection to assure that the buildings, premises, structures, or uses comply with the provisions of the Fire Code.
A certificate or permit shall not be issued until the designated fees have been paid. The owners and/or occupiers of all properties and businesses subject to this article shall be responsible for the payment of the certificate/permit fees.
[11-27-2023 by Ord. No. 2023-31]
The fee for certificates, permits and inspections for non-life hazard use registrations shall be:
a. 
Mercantile businesses shall be inspected yearly with a fee schedule of:
1. 
A-1: $70 for the first 1,000 square feet.
2. 
A-2: $10 for each additional 1,000 square feet.
b. 
Factories and warehouses shall be inspected yearly with a fee schedule of:
1. 
B-1: $75 for the first 1,000 square feet.
2. 
B-2: $100 for 1,001 to 3,500 square feet.
3. 
B-3: $150 for 3,501 to 6,000 square feet.
4. 
B-4: $200 for 6,001 to 11,999 square feet.
5. 
B-5: $400 for 12,000 square feet to unlimited.
c. 
Repair shops (excluding automotive repair) and service businesses shall be inspected yearly with same fee as mercantile.
1. 
C-1: $75 for the first 1,000 square feet.
2. 
C-2: $10 for each additional 1,000 square feet.
d. 
Business offices (lawyers, doctors and other professional offices, insurance offices, etc.) and each commercial structure (structures with common connected attics or basements shall be registered as a single building), shall be inspected yearly with fee schedule of:
1. 
D-1: $75 for each individual business or structure.
e. 
Residential apartment complexes shall be inspected yearly and pay an annual fee of:
1. 
E-1: $70 per building in the complex.
f. 
All residential rental properties, except apartment complexes, not occupied by the structure owner shall pay an annual fee of:
1. 
F-1: $70 per structure.
g. 
All other structures and facilities not described shall be inspected yearly with the same fee as that pertaining to a mercantile business.
The violation of any provision of §§ 8-10 and 8-11 shall be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days. Each day any violation of this chapter shall continue shall be deemed a separate offense and be punishable as such.
a. 
Whenever the Fire Marshal determines that on-site firefighting personnel shall be required for fire watch as a result of fire protection system failure or deficiencies, or fire safety at any occupancy or event to insure the safety of the public or emergency responders, or other time deemed necessary by the Fire Marshal, the owner or occupant responsible shall obtain a permit for the use or event. A permit shall not be required when a fire watch is ordered as a result of a fire within the Borough.
1. 
The Fire Marshal shall determine the number of firefighting personnel required.
2. 
The Fire Marshal shall determine the hours that the firefighting personnel will be on duty.
3. 
The permit fee, if required, shall cover the expenses incurred by the local enforcing agency.
4. 
The fee for the permit shall include:
(a) 
Compensation for firefighter(s) at $25 per hour Monday through Friday 8:00 a.m. to 4:00 p.m.; $50 per hour for holidays, Saturdays, Sundays, and from 4:00 p.m. to 8:00 a.m. weekdays.
(b) 
The rate for use of vehicles per day shall be:
(1) 
$150 for support/command vehicle.
(2) 
$500 per pumper.
(3) 
$1,000 per ladder apparatus.
(c) 
In the event of a fire watch ordered by the Fire Marshal, the Fire Chief or his/her designee at the conclusion shall submit to the Fire Marshal a ledger of apparatus used, personnel in attendance by shift and hours of each for accurate compensation.
(d) 
Reimbursement rates for other related services, equipment, or expenses shall be provided to the owner by the Fire Marshal prior to the scheduled use or event.
5. 
The Fire Marshal or designee(s) shall have right of access to the premises and area surrounding it without interference from the property owner.
6. 
Failure to secure a permit shall be punishable by a penalty equal to amount of the permit plus $100 for the first offense, amount of the permit plus $250 for the second offense, and amount of the permit plus $500 for the third and each subsequent offense.
7. 
A permit shall be required for each separate event or date of the activity requiring such a permit.