[Ord. No. 437, Preamble]
The Uniform Fire Safety Act (N.J.S.A. 52:27D-194) was enacted
for the purpose of establishing a system for the enforcement of minimum
fire safety standards throughout the State of New Jersey; and the
Uniform Fire Safety Act authorizes municipalities to provide for local
enforcement and to establish local enforcement agencies for that purpose.
It is in the best interest of the Borough of Mantoloking to have the
Uniform Fire Safety Act enforced locally. The Fire Official appointed
by law has agreed to the plan, which is set forth herein, for the
administration and enforcement of the Uniform Fire Safety Code.
[Ord. No. 437 § I]
Pursuant to Section 11 of the Uniform Fire Safety Act (N.J.S.A.
52:27 D-194), the New Jersey Uniform Fire Code (N.J.A.C. 5:70, et
seq.) shall be locally enforced in the Borough of Mantoloking.
[Ord. No. 437 § II]
The local enforcing agency shall be the Fire Official, Fire
Inspector and necessary support personnel of the Borough.
[Ord. No. 437 § III]
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 Borough other than owner-occupied
and one- and two-family dwellings which are subject to exclusive inspection
by the Department of Community Affairs pursuant to N.J.S.A. 52:27D-213b,
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
[Ord. No. 437 § IV]
The local enforcing agency established by subsection 16-1.3 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. No. 437 § V]
The local enforcing agency established by subsection 16-1.3 shall be a part of the Code Enforcement Staff of the Borough and shall be under such qualified Fire Official who shall be appointed by the Mayor with the advice and consent of the Borough Council.
[Ord. No. 437 § VI]
a.
Appointment of Fire Official. The local enforcing agency shall be
under the direct supervision of the Fire Official who shall be qualified
and appointed according to law.
b.
Term of Office. The Fire Official shall serve for a term of one (1)
year. Any vacancy shall be filled for the unexpired term.
c.
Removal. Inspectors and other employees of the enforcing agency shall
be subject to removal by the Governing Body for inefficiency or misconduct.
Each person so removed shall be afforded an opportunity to be heard
by the Appointing Authority or a designated hearing officer.
[Ord. No. 437 § VII]
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 County Board of Appeals of the
County of Ocean established under the State Uniform Construction Code
Act.
[Ord. No. 437 § VIII]
In addition to the inspection and fees required pursuant to
the Act and the regulations of the Department of Community Affairs,
there shall be imposed a reasonable sum for such additional inspections
as may from time to time by law be fixed for the enforcement of this
section.
[Ord. No. 137 § I]
As used in this section:
Shall mean the terminal fifty (50) feet of all public streets
in this Borough which terminate at the waters of Barnegat Bay as measured
from the low- water mark or bulkhead at such street and on a course
parallel with the center line of the street.
[Ord. No. 137 § II]
No person shall, within the limits of any fire-safety zone,
as defined herein:
a.
Park or leave standing, a motor vehicle or any vehicle which may
be drawn by a motor vehicle or any trailer or similar conveyance.
b.
Launch or retrieve any boat or waterborne conveyance of any description
whatsoever, except by express permission of Police department.
c.
Take or attempt to take by any means, fish, crabs or other marine
or aquatic life, including the gathering of seaweed or any other substance.
d.
Discard, deposit, throw or leave any garbage, waste, bait or refuse
of any kind.
e.
Tie up, dock, berth or beach at any time any boat or waterborne vehicle.
[Ord. No. 137 § III]
Nothing contained herein shall limit or prohibit the use of
fire-safety zones by duly constituted and authorized Fire, Police,
Maintenance, First-Aid or Rescue personnel in the performance of their
duties.
