[Amended 10-8-85 by Ord. No. 85-37; 12-13-88 by Ord. No. 88-46; 7-11-89 by Ord. No. 89-27; 11-15-94 by Ord. No. 94-38; 10-22-96 by Ord. No. 96-31; 2-11-98 by Ord. No 98-3; 11-27-01 by Ord. No. 2001-29]
A. 
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) hereinafter referred to as the "Act," the New Jersey Uniform Fire Code shall be enforced locally in the Town of Secaucus.
B. 
The Town of Secaucus, through its enforcing officials as established by Section 73-2 hereof, shall enforce the New Jersey Uniform Fire Code pursuant to Section 11 of the Uniform Fire Safety Act.
[1]
Editor's Note: Refer to 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 et seq.
The local enforcing agency is hereby established and shall be known as the Bureau of Fire Prevention.
[Amended 4-14-15 by Ord. No. 2015-7]
The Bureau of Fire Prevention shall enforce the New Jersey Uniform Fire Safety Act located at N.J.S.A. 52:27D-192 et seq., as amended, and the New Jersey Uniform Fire Code found at N.J.A.C. 5:70 et seq., as amended, and the codes and regulations adopted therein, in all buildings, structures and premises within the established boundaries of the Town of Secaucus, other than owner-occupied and one- and two-family dwellings, and shall comply faithfully with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Amended 4-14-15 by Ord. No. 2015-7]
The local enforcing agency established by Section 73-2 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs of the State of New Jersey.
[Amended 4-14-15 by Ord. No. 2015-7]
The local enforcing agency established by Section 73-2 shall be under the direct supervision and control of the Fire Official.
[Amended 4-14-2015 by Ord. No. 2015-7]
A. 
The position of Fire Official is hereby created in the Town of Secaucus. The Fire Official shall be appointed by the Mayor and Council.
B. 
The Fire Official shall be a certified Fire Official in the State of New Jersey by the Commissioner of the Department of Community Affairs.
C. 
Other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Council.
D. 
The Fire Official may authorize an inspector from the Bureau of Fire Prevention to act on their behalf in case of short-term absence. Said designee shall have the authority of the official in their absence to perform duties specified by the official.
[Added 6-21-2021 by Ord. No. 2021-13]
[Amended 4-14-15 by Ord. No. 2015-7]
Pursuant to the Uniform Fire Safety Act and the New Jersey Uniform Fire Code, 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 Hudson.
[Amended 4-14-2015 by Ord. No. 2015-7; 2-23-2010 by Ord. No. 2010-8; 6-21-2021 by Ord. No. 2021-13]
In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act and New Jersey Uniform Fire Code and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required and paid to the Town of Secaucus:
All building types or uses (except residential) which are not required to be inspected in accordance with the Uniform Fire Code, shall be subject to an annual inspection and fee, which shall be paid within 30 days of such inspection:
0—2,499 square feet
$25 per year
2,500—24,999 square feet
$50 per year
25,000—49,999 square feet
$200 per year
50,000—99,999 square feet and above
$500 per year
100,000 and above
$750 per year
All non-life hazard residential building uses including building common areas and specifically excluding owner-occupied one- and two-family dwellings shall comply with the requirements of the Uniform Fire Code. Said uses shall be inspected annually and be subject to the same fee and payment schedule for nonresidential uses set forth hereinabove.
[1]
Editor's Note: See also Section 73-16.
[Amended 4-24-07 by Ord. No. 2007-15; 8-28-2018 by Ord. No. 2018-27]
The permit fees established by the Uniform Fire Code shall be as follows:
Type 1 - $54
Type 2 - $214
Type 3 - $427
Type 4 - $641
[Added 4-14-15 by Ord. No. 2015-7]
Permit fees and inspection fees shall be waived for any nonprofit, charitable or service organization, state, municipal or county governments, regional authorities, the Secaucus Board of Education and nonprofit private educational institutions, as long as the use is not a life-hazard use.
[Amended 4-14-15 by Ord. No. 2015-7]
A. 
Enforcement shall be by the Bureau of Fire Prevention under the direct supervision and control of Fire Official of the Town of Secaucus or his authorized representatives.
B. 
A report of the Fire Department may be made and transmitted to the Mayor and Fire Official containing proceedings under said code with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department may also recommend in writing any amendments to the code which, in his judgment, shall be desirable.
As used in this chapter and the code adopted thereby, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
Fire Official.
CORPORATION COUNSEL
The Attorney for the Township of Secaucus.
MUNICIPALITY
The Town of Secaucus.
[Amended 6-21-2021 by Ord. No. 2021-13]
A. 
The limits referred to in the applicable sections of the New Jersey Uniform Fire Safety Act and New Jersey Uniform Fire Code in which storage of flammable liquids in outside aboveground tanks and in which new bulk plants for flammable liquids are prohibited are to be strictly enforced subject to compliance with such restrictions as are set forth in the Zoning Ordinance[1] of the Town of Secaucus adopted May 1948, and its amendments thereto so made and provided.
[1]
Editor's Note: See Ch. 135, Zoning.
B. 
The selling, reselling, filling and exchanging of propane tanks, cylinders or containers 20 pounds or greater is prohibited.
[Added 5-29-2019 by Ord. No. 2019-18; amended 3-8-2022 by Ord. No. 2022-1; 9-12-2023 by Ord. No. 2023-21]
A. 
Mobile retail food establishments engaged in the preparation and/or sale of food and which operate from a nonpermanent location, including, but not limited to, food trucks, food trailers or food carts, shall apply for and obtain an inspection by the Bureau of Fire Prevention to operate within the Town of Secaucus.
B. 
The Bureau of Fire Prevention shall issue a checklist containing the specific requirements for approval of an application for an inspection. The checklist shall be available in the Bureau of Fire Prevention and updated as necessary by the Fire Official.
C. 
Mobile food establishments may obtain:
(1) 
A one (1) year permit.
(a) 
$100 per calendar year, which includes the inspection, one reinspection if needed, and any requisite inspections prior to any event in which the establishment may be participating in within the Town of Secaucus. An annual sticker shall be valid until December 31 of the year in which it was issued.
(b) 
Renewal applications for one (1) year certificates shall be received by January 31 of a given year. Any late renewal applications shall be assessed a fee of $50. A mobile retail food establishment will be entitled to continue operation during the period that a timely application for a renewal is pending with the Bureau of Fire Prevention; or
(2) 
A three (3) day permit:
(a) 
$25 per three (3) day period for an event, which includes an inspection and one reinspection if needed.
(3) 
All applications for a permit by the Bureau of Fire Prevention for a one (1) year certificate or a three (3) day certificate shall be submitted at least five (5) days prior to any event or operation in Town. Applications submitted less than five (5) days before planned operation will be assessed a $100 fee in addition to the one (1) year or three (3) day certificate fee.
D. 
If conditions are found in violation, a written statement shall be provided to the mobile retail food establishment and a reinspection scheduled by the Bureau of Fire Prevention. One reinspection shall be completed at no cost. Any additional reinspections shall be assessed a fee of $25. Any establishment that fails an inspection will not be permitted to operate within the Town of Secaucus until the violations have been corrected and a reinspection by the Bureau of Fire Prevention results in approval.
E. 
A sticker or certificate of approval from the Town of Secaucus Bureau of Fire Prevention shall be placed in a conspicuous place in or on the mobile retail food establishment.
F. 
Nothing contained in this subsection shall limit the authority of the Bureau of Fire Prevention to inspect a mobile retail food establishment at any time to determine if it meets the requirements contained in the checklist.
G. 
Violation of any provision of §73-15 shall, upon conviction thereof, be punished by a fine not to exceed $1,000, by imprisonment for a term not to exceed 90 days, or by a period of community service for not more than 90 days, or any combination thereof, as determined by the Municipal Court of the Town. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1]
Editor's Note: Former § 73-15 was repealed 4-14-2015 by Ord. No. 2015-7.
Inspection of warehouse for public sale: $150.
[Added 8-24-10 by Ord. No. 2010-34]
OSHA Fire Extinguisher Training Program:
$250 per class for classes of 15 participants or less.
$350 per class for classes of 16-30 participants.
[Amended 4-14-15 by Ord. No. 2015-7]
A. 
Notwithstanding any other provision of this chapter, if any regulations established by this chapter are inconsistent with the New Jersey Uniform Fire Code or the Uniform Fire Safety Act, such sections shall be deemed inapplicable in order that the standards of the New Jersey Uniform Fire Code and Uniform Fire Safety Act may be enforced.
B. 
Any person or entity who fails to comply with this Article or any of the provisions of the New Jersey Uniform Fire Safety Act or the New Jersey Uniform Fire Safety Code shall be subject to the penalties as set forth in N.J.A.C. 5:70-2.12 as amended.
[Amended 4-14-15 by Ord. No. 2015-7]
Copies of the New Jersey Uniform Fire Code and Uniform Fire Safety Act shall be available for public inspection in the Bureau of Fire Prevention.