Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Borough of Bernardsville, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 736, 889, 93-950, 96-1067, 97-1080, 98-1126, 2005-1385, 2006-1446, 2007-1457, 010-1567, 2016-1717 and 2016-1720.
[Ord. No. 2017-1736]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq. and the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq. are hereby adopted by reference in the Borough of Bernardsville. A copy of the New Jersey Uniform Fire Code is on file in the Office of the Borough Clerk and the Fire Prevention Bureau office and shall be available to all persons desiring to use and examine same.
[Ord. No. 2017-1736]
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Bernardsville by the Bernardsville Fire Prevention Bureau.
[Ord. No. 2017-1736]
The Fire Prevention Bureau, which is hereby established shall consist of the Fire Marshal and the Fire Inspectors appointed pursuant to Section 15-5 of this Chapter. The Fire Prevention Bureau shall operate under the supervision of the Bernardsville Borough Administrator with the advice of the Borough Fire Prevention Committee and the Fire Prevention Committee of the Bernardsville Fire Company.
The Borough Fire Prevention Committee is hereby established and shall consist of five members. Three of the members of the Borough Fire Prevention Committee shall be selected by the Bernardsville Fire Company from among its members, and one of whom shall be the Chief. The remaining two members plus one alternate shall be selected by the Mayor and Council, but need not hold membership in the Fire Company. The terms of all members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first two years after their appointments; provided that the initial term of no member shall exceed two years. Thereafter, the term of each such member shall be two years. If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by appointment, as above provided, for the unexpired term. All terms shall commence on January 1. The Chairman of the Borough Fire Prevention Committee shall be elected from among its members annually.
[Ord. No. 2017-1736]
The Fire Prevention Bureau is hereby designated as the Local Enforcing Agency that is authorized to conduct inspections and enforce regulations prescribed by the Uniform Fire Safety Act, the New Jersey Uniform Fire Code, and the Fire Prevention Ordinances promulgated by the Borough Council of Bernardsville. The purpose of such inspections and enforcement is to safeguard the health and safety of the general public through the enforcement of minimum fire safety standards throughout the Borough of Bernardsville. The Fire Prevention Bureau shall enforce the Uniform Fire Code in all buildings, structures and premises within the Borough of Bernardsville, other than owner-occupied one and two family dwellings.
The Council of the Borough of Bernardsville shall appoint Fire Inspectors and other employees as may be necessary to assist the Fire Marshal in properly carrying out the Fire Prevention Bureau's responsibilities under the Uniform Fire Code.
[Ord. No. 2017-1736]
The Local Enforcing Agency established by Section 15-2 shall be under the direct supervision and control of the Fire Marshal. The Fire Marshal and Inspectors shall be under the supervision of the Borough Administrator.
[Ord. No. 2017-1736]
a. 
Appointment of Fire Marshal. Pursuant to N.J.A.C. 5:71-3.2, the Fire Prevention Committee shall recommend to the Mayor and Council the employment of a Fire Marshal (also known in the DCA regulations (N.J.A.C. 5:70) as the "Fire Official"), who shall be certified by the State of New Jersey, and one or more Fire Inspectors, if needed, who shall also be certified by the State of New Jersey. The appointments shall be made by the Mayor and Council, in their sole discretion.
b. 
Term of Office. The Fire Marshal and Fire Inspectors shall serve for a term of one year commencing on January 1 of each year, and until appointment and qualification of a successor.
c. 
Duties of Fire Marshal and Fire Inspectors. The Fire Marshal and the Fire Inspectors shall perform all duties set forth in N.J.A.C. 5:71-3.3, and the Borough Code, as supplemented and amended. The Fire Marshal shall prepare and file with the Division of Fire Safety in the New Jersey Department of Community Affairs ("DCA") in a timely fashion all reports required by N.J.A.C. 5:71-3.7 (as supplemented and amended), and all other applicable statutes, ordinances and regulations, and shall contemporaneously file copies of all such reports with the Borough Administrator and the Fire Prevention Committee.
d. 
Removal from office. The Fire Marshal, Fire Inspectors, and/or other employees of the Local Enforcing Agency shall be subject to removal or other disciplinary action by the Mayor and Council on their own initiative, upon the recommendation of the Borough Administrator, or upon recommendation of the Fire Prevention Committee for inefficiency, misconduct or failure to comply with the provisions of this chapter. In any case involving possible removal or suspension, the Fire Marshal shall be afforded an opportunity to be heard by the approving authority or a designated hearing officer.
[Ord. No. 2017-1736]
The Local Enforcing Agency shall carry out periodic inspections of Life Hazard Uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
In accordance with the provisions of N.J.A.C. 5:70-2.6, the Fire Prevention Bureau shall make a survey of all buildings or uses within the Borough considered to be Life Hazard Uses. The Bureau shall insure that the owners of all Life Hazard Uses file with the Commissioner, upon forms provided by the Commissioner, appropriate application and certificate of registration. Fees shall be collected in accordance with the provisions of N.J.A.C. 5:71-2.6.
[Ord. No. 2017-1736]
All non-Life Hazard Use businesses and multi-family housing that have common and/or assembly areas, and/or central fire alarm systems or fire protection systems, shall register with the Fire Prevention Bureau. All such uses and the common areas (but not the individual dwelling units) of multi-family housing shall be inspected once per year and pay an annual registration fee as specified in Section 15-8 of this chapter. Multi-family housing without common areas, but which has central fire alarm systems and/or fire protection systems shall register with the Fire Prevention Bureau and shall provide annual inspection reports of such systems to the LEA annually.
[Ord. No. 2017-1736]
a. 
The owners/tenants of all businesses, occupancies, buildings, structures, or premises required to be inspected under Section 15-3 and determined not to be Life Hazard Uses that are registered with the New Jersey Division of Fire Safety, shall register with the Fire Prevention Bureau upon forms provided by it for that purpose. It shall be deemed a violation of this section for an owner/tenant to fail to return such forms to the Fire Prevention Bureau within 15 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution process or any other method, the new owners/tenants shall immediately notify the Fire Prevention Bureau of the new ownership/tenancy and shall register with it.
Annual Registration Fee:
1. 
Business occupancies, buildings, or other structures subject to this chapter up to 2,500 square feet of occupiable space: $50.
2. 
Business occupancies, buildings, or other structures subject to this chapter between 2,501 square feet and 5,000 square feet of occupiable space: $75.
3. 
Business occupancies, buildings, or other structures subject to this chapter between 5,001 square feet and 10,000 square feet of occupiable space: $100.
4. 
Business occupancies, buildings, or other structures subject to this chapter between 10,001 square feet and 20,000 square feet of occupiable space: $200.
5. 
Business occupancies, buildings, or other structures subject to this chapter between 20,001 square feet and 50,000 square feet of occupiable space: $300.
6. 
Business occupancies, buildings, or other structures subject to this chapter between 50,001 square feet and 100,000 square feet of occupiable space: $400.
7. 
All multiple family buildings which have interior common areas: $100.
8. 
All Use Groups, H, F, S, and U as defined in the New Jersey Uniform Construction Code: $100.
9. 
All Owners of multi-tenant commercial buildings, condominiums or residential apartment complexes, where the Owner is responsible for common and assembly areas, fire alarm systems, fire protection systems, and/or alarms, elevators, mechanical and electrical equipment rooms: $100.
b. 
All Tax Exempt Properties shall be exempt from the annual registration fee but are required to submit registration forms to the Local Enforcing Agency and/or Fire Marshal within 30 days or be in violation of this chapter.
c. 
The Fire Prevention Bureau shall be responsible for the collection of fees and shall remit them promptly to the Treasurer of the Borough of Bernardsville within the time period as provided by law.
[Ord. No. 2017-1736]
a. 
Response to Fire Alarms. Upon activation of a fire alarm in any structure other than one or two family dwellings, the owner, tenant, occupant or designated representative shall respond to the structure within 30 minutes of notification.
b. 
Evacuation of Premises. When a fire alarm activates in any building, structure, or premises, the occupants shall immediately leave the structure or premises. Once evacuated, no persons shall enter or re-enter; until authorized to do so by the Fire Chief or his representative. Any person who refuses to evacuate, or interferes with the evacuation of other occupants after having been given an evacuation order, shall be deemed in violation this section.
c. 
False Fire Alarms. The provisions of this section shall apply to any person who operates, maintains or owns any alarm device designed to summon the Fire Departments to any location in response to any type of alarm signal. "False alarm" shall mean the activation of a fire alarm device of any type to which the Fire Department must respond, and for which an investigation fails to reveal a cause of the nature or type to for which the alarm device was designed or intended to react.
1. 
In the case of a false alarm, the Fire Chief or his authorized representative shall notify the Fire Marshal who shall issue the appropriate warning letter and/or penalty.
2. 
The owner of the structure or premises in which a false alarm has occurred shall have all necessary repairs and/or modifications made to the alarm to avoid future false activations. All such repairs and/or modifications shall be performed by a New Jersey-licensed alarm contractor. The owner of the premises shall forward a copy of the repair/modification report to the Fire Marshal within 30 days after completion of the work.
3. 
Notification of any disruption in service of any fire alarm or fire protection system, whether monitored or not, excluding one or two family residential, for the purpose of testing or repairs shall be made to Fire Marshal and the Police Department.
d. 
False Alarm Penalties. The owner of any alarm device shall pay a penalty of $50 for the first false alarm in excess of one within any one calendar year January 1 through December 31. Thereafter a penalty shall be imposed for any subsequent false fire alarms within the same calendar year. The charge is to be determined by the total number of false alarms within the same calendar year preceding the present false alarm and in accordance with the following schedule:
Residential
Commercial
2nd
$50
$50
3rd
$75
$100
4th
$100
$150
5th
$125
$200
6th
$150
$250
7th
$175
$300
8th
$200
$350
9th
$225
$400
10th
$275/incident
$575/incident
1. 
A failure to pay penalty within 30 days of billing shall constitute a violation and a summons will be issued to appear in Municipal Court.
[Ord. No. 2017-1736]
Key access for emergency services is required in accordance with Section 3-19 of the Borough Code.
[Ord. No. 2017-1736]
All rear doors to stores in shopping centers shall be marked with the tenant name and/or unit number of the store. All numbers and/or letters shall be at least two inches in height and be reflective.
[Ord. No. 2017-1736]
All areas in which hazardous chemicals are stored, or used, which are defined in Subchapter 3 of N.J.A.C. 5:70 shall be marked in accordance with NFPA 704 Systems as determined by the Fire Marshal or Fire Chief.
[Ord. No. 2017-1736]
a. 
All fire hydrants on private property shall be equipped with a four-foot high metal reflective pole attached to the 2 1/2 inch discharge to enable identification of the hydrant when covered by snow. Fire Department access to the hydrant shall be maintained at all times.
b. 
Any fire hydrant located on a construction site shall be operational before any structural work is begun on the site.
[Ord. No. 2017-1736]
a. 
Fire Department sprinkler and standpipe connections (FDCs) shall be identified with a sign as detailed below:
1. 
The signs shall be installed at a minimum height of four feet and a maximum height of seven feet.
2. 
The signs shall read "Fire Dept. Conn." or "FDC" and shall be in red letters on white background and shall be reflective.
3. 
The lettering on the sign shall be a minimum of four inches in height.
4. 
The signs shall be 12 inches by 18 inches in size and be installed within five feet of the connection.
[Ord. No. 2017-1736]
a. 
All structures used or intended for use for residential purposes shall have smoke detectors and carbon monoxide alarms on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and one portable fire extinguisher, in accordance with the provisions of N.J.S.A. 52:27D-198.1, N.J.S.A. 52:27D-198.2 and N.J.A.C. 5:70-4.19(d).
b. 
All multiple-family buildings with interior common areas shall have central station-monitored smoke detectors in all interior common areas (basements, hallways, stairways, parking garages and attics). Heat detectors may be utilized instead of smoke detectors in parking garages.
c. 
Before any such structure is sold, leased, or otherwise made subject to change of occupancy for residential purposes, the owner shall obtain from the Fire Marshal a Certificate of Smoke Detector/Carbon Monoxide/Fire Extinguisher Compliance evidencing compliance with N.J.S.A. 52:27D-198.1, N.J.S.A. 52:27D-198.2 and N.J.A.C. 5:70-2.3 and 4.19(d). In those cases where a certificate of rental housing compliance is required pursuant to subsection 11-2.5 of the Borough Code, such certificate shall not be required; provided, however, that the Borough Housing Inspector shall not issue a certificate of rental housing compliance until it has determined that the dwelling complies with the requirements of N.J.S.A. 52:27D-198.1, N.J.S.A. 52:27D-198.2 and N.J.A.C. 5:70-2.3 and 4.19(d).
d. 
Carbon monoxide detectors are required to be provided in the immediate vicinity of all sleeping rooms of Use Groups 1-1, R-1, R-2, R-3, and R-4 that contain fuel burning appliances or have attached garages.
e. 
Applications for inspections must be made at least seven business days in advance of the inspection. Such applications shall be made in-person at the Borough Construction Office. The fee for the inspection shall be $50, which shall be paid at the time of application. Inspections scheduled with less than seven business days' notice shall be $125. Re-inspections (if necessary) requires a new application and payment of fee.
In multiple dwelling buildings, and on properties with more than one building, the fee shall be charged per unit and/or per building.
The replacement certificate fee if the original is lost or misplaced is $25.
f. 
Any owner who sells, leases, rents, or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section when the premises do not comply with the requirements of paragraph b above shall be subject to a fine of not more than $500, which shall be collected and enforced by the Fire Prevention Bureau as defined in subsection g of P.L. 1983, C 383 (C.52:27D-133.3) by summary proceedings pursuant to the penalty enforcement law, N.J.S.A. 2A:58-1 et seq.
[Ord. No. 2017-1736]
The following uses shall be exempt from local registration, permit, and smoke detector fees, however they shall be required to properly apply for the above and comply with the code requirements:
a. 
Bernardsville Borough.
b. 
Bernardsville Fire Company & First Aid Squad (including members).
c. 
Non-profit civic groups
d. 
Somerset Hills School District.
e. 
All churches and houses of worship.
[Ord. No. 2017-1736]
a. 
Requirements, Designation. The Fire Marshal may require and designate public and private fire lanes as deemed necessary for the efficient and effective use of fire apparatus, access or firefighting or egress of occupants.
b. 
Markings. The owner shall, within 30 days of being given notice to do so by the Fire Marshal, mark lane(s) as follows:
1. 
Signs constructed of metal 12 inches by 18 inches with red lettering on white background which is reflective, lettering size shall be a minimum of two inches in height, with wording "No Parking Anytime" shall be posted.
2. 
Spacing of signs shall be even, with a minimum of one sign for every 100 feet of fire lane or part thereof, or as ordered by the Fire Marshal.
3. 
The area of the fire lane on improved areas shall be delineated along its entire circumference with yellow lines four inches in width. Within the yellow lines shall be marked "No Parking Fire Zone" in yellow letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the Fire Marshal. This inside of the fire lane shall be further marked with diagonal striping, yellow in color and four inches in width, spaced at intervals of five feet. If the designated lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.
c. 
Size. Fire lanes for vehicle access shall be a minimum of 18 feet in width. Fire lanes for egress of occupants shall be a minimum of at least the width of the exit way served.
d. 
Notification. Once the fire lane has been designated by the Fire Marshal and properly marked by the owner of the premises, the Fire Marshal shall notify the Police Department and Municipal Court Clerk in writing of the existence and location of the designated fire lane.
e. 
Unpaved Areas. Unpaved fire lanes installed on public or private property shall comply with the Fire Lane Typical Details Installation methods blueprints available from the Borough Engineering Department and be approved by the Fire Marshal. Selection of a method to be used as per the typical details shall be subject to approval of the Fire Marshal including signs and markings.
f. 
Restricted Access. Gates, chains or other methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Marshal prior to installation.
[Ord. No. 2017-1736]
Any individual who violates the terms of this chapter may be subject to fines and penalties in accordance with the penalties set out in the Uniform Fire Code, the regulations promulgated by the Department of Community Affairs, and as provided by the Revised General Ordinances of the Borough of Bernardsville. In addition, any individual, corporation or other entity who violates the terms of this section shall upon conviction be liable to the penalties stated in Chapter 1, Section 1-5 of this Code.
[Ord. No. 2017-1737]
a. 
Open Air Burning:
1. 
Open air burning is prohibited within the Borough of Bernardsville unless in conformance with the regulations and standards established herein.
2. 
Except as provided in paragraph b, below, it shall be unlawful for any person, organization or entity to:
(a) 
Burn, attempt to burn, or permit the burning of any wood, leaves, debris, branches, brush, grass, refuse, paper, cardboard, garbage, waste, rubbish, or liquid, or;
(b) 
Use open-flame decorative devices such as torches, combustible bags containing an open flame (such as luminaries), or elevated combustible containers (such as kites) containing an open flame on any lot, woods, field, street, alley, private open lands, public lands or grounds unless written permits to do so have been first obtained from the New Jersey Forest Fire Service and the Bernardsville Fire Prevention Bureau.
b. 
Exceptions to Open Air Burning Prohibition:
1. 
Outdoor fires utilized solely for cooking on privately-owned residential properties are allowed without a permit when contained in a movable commercially-manufactured metal grill or other similar device intended for such use, and such device is a minimum of five feet from combustible construction. Only fuels specifically approved for cooking by the manufacturer of the device shall be used.
2. 
Outdoor fires utilized for recreational purposes on privately-owned residential properties are allowed without a permit when either contained in an elevated commercially-manufactured device designed for such purpose and utilized strictly in accordance with the manufacturer's requirements or, alternatively, in a properly-constructed fire pit or fireplace consisting of noncombustible stone, cement, brick, tile or metal, subject to the following restrictions and requirements:
(a) 
Fire pits shall not have horizontal dimensions greater than three feet by three feet.
(b) 
Fires in moveable commercially-manufactured devices (other than barbecue grills) must be a minimum of 15 feet from combustible construction, materials and/or vegetation.
(c) 
Fires in constructed fire pits or fireplaces (constructed after the effective date of this Ordinance No. 2017-1737, Adopted April 10, 2007) - must be a minimum of 25 feet from combustible construction, materials and/or vegetation.
(d) 
Fire pits and fireplaces shall be constructed so as to safely contain fire and prevent its spread outside of the pit or fireplace.
(e) 
Fire pits shall be excavated to the depth of the mineral soil.
(f) 
Fire pits, fireplaces and manufactured devices shall be set back not less than 10 feet from the nearest neighboring lot line.
(g) 
A fully-functioning fire extinguisher with a minimum UL rating of 4A, or other approved on-site fire-extinguishing equipment (such as dirt, sand, water barrel, garden hose or water truck) must be available for fire extinguishment purposes during any outside burning.
(h) 
Fireplaces shall be constructed in accordance with all applicable local, State and/or Federal statutes, ordinances, permits, regulations and construction codes. If any provision of this chapter differs from a provision of any other applicable law, ordinance, rule or regulation, both the provision of this chapter and the differing provision shall apply if possible. If the two provisions are in conflict, then the provision establishing the higher or stricter standard shall apply.
3. 
Open-Flame Decorative Devices: Open-flame decorative devices such as torches and combustible bags containing an open flame are permitted on privately-owned residential properties without a permit only when meeting the requirements and/or limitations of N.J.A.C. 5:70-3, Section 308.3.2 through 308.3.4.
(a) 
Candle luminaries:
A "candle luminary" is a lantern consisting of a candle inside of a paper bag or other holder.
Candle luminaries are allowed without a permit provided they comply with the following:
(1) 
Paper bags or other holders must be filled with sand or other weighted non-flammable material so as not to blow away or tip over.
(2) 
Candles may not exceed 1/2 inch in height or 1 1/2 inches in diameter.
(3) 
An area at least 18 inches in diameter around the luminary must be cleared of all flammable material, including leaves and vegetation.
(4) 
Lighted luminaries must be supervised by a competent adult at all times when children and pets are present, and when alcohol is being served.
(5) 
Luminaries are prohibited inside any dwelling, structure, or tent.
(6) 
Luminaries may not be placed on any flammable surface.
(7) 
Luminaries must be at least three feet away from dwellings, structures, tents, flammable materials and planting beds
(8) 
Luminaries must be extinguished at the end of the event
4. 
Fires directly on the ground (camp fires): A fire may only be made directly on the ground if:
(a) 
A permit has first been issued by the New Jersey Forest Fire Service, and
(b) 
A permit has been issued by the Bernardsville Fire Prevention Bureau pursuant to paragraph 1c (below).
5. 
Permitted Fuel: Only firewood and untreated lumber are permitted to be burned. Burning of any and all other materials, including but not limited to garbage, rubber, plastics, charcoal and yard waste at any location within the Borough is prohibited.
6. 
Flames from any fire addressed by this chapter may not exceed two feet in height at any time. If sparks, embers or sustained smoke blow into a neighboring dwelling or property, said fire must be extinguished immediately.
7. 
The Fire Marshal and/or Fire Chief are authorized to require that any outdoor fire be immediately extinguished if he or she determines that said fire constitutes a hazardous condition, including an air quality hazard.
8. 
Agricultural Burning: Agricultural burning may be conducted only if:
(a) 
An Agricultural Burning Permit has first been issued by the New Jersey Forest Fire Service, and
(b) 
A permit has been issued by the Bernardsville Fire Prevention Bureau pursuant to paragraph c (below).
9. 
All outdoor fires must be attended at all times by a competent adult owner or legal resident of the property from the time said fire is commenced through the time said fire is completely extinguished.
10. 
Wildfire Danger Level: Regardless of whether open burning is permitted by this chapter, or whether a permit has been issued, no open burning of any kind shall take place when the New Jersey Forest Fire Service has issued a Fire Danger Warning of High, Very High or Extreme, or if the National Weather Service has issued a "Red Flag" warning. It shall be the joint responsibility of the person conducting the open burning and the property owner (if different) to ascertain the current Wildfire Danger Level, or the existence of a Red Flag warning, prior to initiating a fire.
c. 
Permit Process:
1. 
A written permit shall be obtained for all open burning not specifically allowed by paragraph b of this section.
2. 
Application for a permit shall be made to the Bureau of Fire Prevention at least 14 business days prior to the date requested and shall include:
(a) 
Applicant's name, address and contact information.
(b) 
Property address and owner information, if different.
(c) 
Type of open air burning requested, as well as the date and time of the burning.
(d) 
Description of the materials to be burned.
(e) 
Description of emergency procedures in place.
(f) 
Submittal of $50 permit fee, payable to the Bernardsville Fire Prevention Bureau.
(g) 
A copy of the New Jersey Forest Fire Service Permit issued for the date requested.
3. 
The Fire Prevention Bureau shall provide preprinted application forms which shall be available to applicants.
4. 
Permits shall be valid for 120 days from the date of issuance.
5. 
Conditions and requirements may be placed on permits issued by the Fire Prevention Bureau.
6. 
Revocation or Suspension of Permit: A permit issued pursuant to this section may be suspended or revoked at any time by the Fire Marshal.
d. 
Enforcement, Violations and Penalties:
1. 
This section shall be enforced by the Bernardsville Fire Prevention Bureau.
2. 
The Bernardsville Fire Marshal and his designees are hereby authorized and directed to enter upon private and public lands for purposes of investigating and enforcing this section whenever there are reasonable grounds to believe that there has been a violation of any provision of this section. This section does not convey any right or authority to enter any dwelling or building.
3. 
Whenever the Fire Marshal determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, he is authorized, at his option, to issue a Summons to appear in Municipal Court to the party(ies) responsible for the burning, and also to the owner of the property on which the burning took place.
4. 
Any individual, organization or entity who violates the terms of this section may be subject to fines and penalties not to exceed $500 per violation, per day.
5. 
Any individual, organization or entity who violates the terms of this section shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-5 of this Code.
6. 
Property Owner Not Present During Violation: The owner of a property upon which a violation of this section takes place shall be subject to the same fines and penalties as the person(s) conducting the burning, even if that owner was not present, if that owner knew, or should reasonably have known, that the burning was being conducted and failed to prevent it.
e. 
Effect of Other Laws and Regulations:
1. 
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New Jersey Department of Environmental Protection, the New Jersey Forest Fire Service, the New Jersey Uniform Fire Code, New Jersey Uniform Construction Code, or other Federal, State, regional or local agencies or codes.
2. 
Indoor and outdoor burning devices shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, State and Federal codes, law, rules and regulations.
3. 
In case of any conflict between any provisions of this section and any applicable Federal, State or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.