[1972 Code § 14-1]
There is hereby adopted by the Municipal Council, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Uniform Fire Code (N.J.A.C. 5:70-1 et seq.), as modified, amended or supplemented by Section 19-9 of this chapter.
[1972 Code § 14-2]
a.
Pursuant to Section 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192
et seq.), the New Jersey Uniform Fire Code shall be enforced locally.
The local enforcement agency shall be the Bayonne Bureau of Fire Prevention
within the Bayonne Fire Department.
b.
The code enforcement unit shall enforce the Uniform Fire Code in
all buildings, structures and premises with the exception of one and
two family dwellings used exclusively for dwelling purposes within
the established boundaries of the City of Bayonne and shall comply
with the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
c.
The code enforcement unit shall carry out the periodic inspections
of all life hazard and non-life hazard uses required by the Uniform
Fire Code and this chapter.
d.
The Director of Public Safety, upon the recommendation of the Chief
of the Fire Department, shall appoint a Fire Official to serve as
the chief administrator of the code enforcement unit.
e.
Such inspectors as may be necessary shall be assigned to the code
enforcement unit by the Chief of the Fire Department upon the recommendation
of the Fire Official.
f.
(Reserved)
g.
The Fire Official shall prepare and forward to the Chief of the Fire
Department an annual report of all proceedings of the code enforcement
unit, with such statistics as the Chief of the Fire Department directs.
h.
The Fire Official shall submit to the Chief of the Fire Department
a monthly report detailing the number and amount of the fees and penalties
collected by type and classification.
[1972 Code § 14-3]
[1972 Code § 14-4]
The limits referred to in N.J.A.C. 5:70-31.1(a)30, F3003.2 in
which storage of explosives and blasting agents is prohibited, are
hereby established as follows:
PROHIBITED IN ALL AREAS EXCEPT THAT:
a.
Amounts constituting one day's supply for current operations
may be kept within the City limits and must meet all requirements
as set forth by the Uniform Fire Code and the Department of Labor
and Industry of the State of New Jersey.
b.
The amount specified in paragraph a above shall be brought into the
City only on the day it is to be used, and any amount which for any
reason is not used in that day shall be removed to a permanent magazine,
outside the City limits, at the close of operations on that day.
[1972 Code § 14-5]
a.
Storage of flammable and combustible liquids in outside aboveground storage tanks is prohibited in all areas exclusive of the districts where such use is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne; provided that nothing in this section shall be deemed to prohibit or regulate the storage of fuel oil in tanks or drums with a capacity not in excess of 55 gallons for which a permit has been obtained pursuant to Section 19-11a.
b.
Bulk, processing and industrial plants used for the storage, processing distillation, refining or blending of flammable and combustible liquids are prohibited in all areas exclusive of the districts where such use is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances.
[1972 Code § 14-6]
Bulk storage and use of liquefied petroleum gases and liquefied natural gas is prohibited in all areas within the City limits, except that amounts not in excess of 2,000 gallons water capacity may be stored and used in the districts where bulk storage of flammable and combustible liquids is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne.
[1972 Code § 14-8]
Pursuant to the Uniform Fire Safety Act (N.J.S.A. 52:27D-192
et seq.), any person aggrieved by any order, action or failure to
act of the code enforcement unit shall have the right of appeal to
the Construction Board of Appeals of Bayonne.
[1972 Code § 14-9]
The New Jersey Uniform Fire Code N.J.A.C. 5:70-1 et seq., including
all supplements, revisions and amendments thereto is hereby adopted
with the following technical amendments, modifications and supplements:
a.
Chapter 3 (Precautions Against Fire) is amended as follows:
1.
N.J.A.C. 5:70-3.2(a)3, F-311.1[1] (Fire Lanes) is amended to read as follows:
Fire Lanes. The Fire Official may require and designate public
or private fire lanes as deemed necessary for the efficient and effective
operation of fire apparatus. Fire lanes shall have a minimum width
of 18 feet (5,486 mm). When it is necessary for the Fire Official
to establish or designate such lanes as fire zones, he shall notify
the owner or other person, firm, company or corporation having control
of the property in writing by registered or certified mail, or by
hand delivering such notice, specifically describing the area designated
and the reason for making the designation. The lanes or zones shall
be properly marked by the owner, person, firm, company or corporation
having control, at their own expense and within 30 days after receipt
of the notice.
[1]
"N.J.A.C. 5:70-3.2(a)" refers to sections of the "BOCA National
Fire Prevention Code/1996" which were modified upon the adoption of
the State Fire Prevention Code by N.J.A.C. 5:70-3.2(a). The "3" which
follows refers to the chapter number of the State Fire Prevention
Code and "F-311.1" refers to the section number. Sections of the "BOCA
National Fire Prevention Code/1996" which were adopted without modification
are referenced as "N.J.A.C. 5:70-3.1(a)."
b.
Chapter 4 (Open Flames or Burning) is amended as follows:
1.
N.J.A.C. 5:70-3.2(a)4, F-402.4 (Portable LP Gas Cooking Equipment)
is amended to read as follows: Portable charcoal and LP gas cooking
equipment. Portable charcoal and LP gas cooking equipment such as
barbecue grills shall not be stored or used:
(a)
On any porch, balcony or any other portion of a building;
(b)
Within any room or space of a building;
(c)
Within 10 feet of any combustible exterior wall;
(d)
Within 10 feet, vertically or horizontally, of any opening in any
wall;
(e)
Under any building overhang.
|
The use of flammable liquids to aid in lighting or sustaining
a charcoal fire is prohibited.
|
2.
N.J.A.C. 5:70-3.2(a)4, F-404.1 (Plumbers Torches and Lead Pots) is
amended to read as follows: Plumbers Torches and Lead Pots. Any person
utilizing a torch or other flame producing device for sweating pipe
joints, thawing frozen pipes, melting lead, removing paint from any
structure or for sealing of membrane roofs, or any similar use in
or around any building, structure or combustible material shall provide
at least one portable fire extinguisher with a minimum 4-A rating,
two portable fire extinguishers with a minimum 2-A rating each, or
a water hose connected to the water supply on the premises where such
burning is done. In all cases, the person doing the burning shall
remain on the premises one hour after the torch or flame producing
device is utilized.
c.
Chapter 8 (Airports, Heliports and Helistops) is amended as follows:
1.
A new section, N.J.A.C. 5:70-3.2(a)8, F-801.3, (Prohibited Activities)
is added to read as follows: Prohibited Activities: No heliport, helistop
or STOL (short take-off and landing) port shall be located within
the City of Bayonne, without the permission, by resolution, of the
Municipal Council of the City of Bayonne. Such permission shall not
be granted unless the Fire Official, the Chief of Police and the Construction
Official indicate that all safety requirements will be met. Nothing
herein shall be construed to prohibit emergency medical service helicopter
response units or emergency medical transportation helicopters from
operating within the City of Bayonne pursuant to the provisions of
N.J.S.A. 26:2K-33.
e.
Chapter 23 (Hazardous Materials) is amended as follows:
1.
N.J.A.C. 5:70-3.1(a)23, F2301.2.3, (Hazardous Waste Generators) is
added as follows: Hazardous Waste Generators. Each hazardous waste
generator shall submit to the Fire Official on or before January 20,
April 20, July 20, and October 20, of each year a summary of hazardous
waste produced on-site or transported to an approved hazardous waste
treatment facility, a copy of each required manifest shall accompany
the report. No hazardous waste is to be stored on-site for a period
exceeding six months.
2.
A new section, N.J.A.C. 5:70-3.2(a)23, F2301.4 (Prohibited materials)
is added as follows: Prohibited materials. All chemicals and materials
possessing a health hazard greater than "3," reactivity hazard greater
than "3" as identified in accordance with the most recent edition
of NFPA Standard 49 "Hazardous Chemical Data" and the NFPA Standard
325M "Fire Hazard Properties of Flammable Liquids" are hereby prohibited
to be stored in bulk within the City limits of the City of Bayonne.
The Fire Official may permit limited amounts to be stored when they
are to be used in conjunction with chemical or industrial processes,
when application is made in writing and the Fire Official is satisfied
that the safety precautions to be taken in the storage and handling
of such materials will not pose an unreasonable risk of hazard to
persons or property. No increase in the amounts which may be allowed
shall be permitted except on new written application to the Fire Official.
3.
A new section, N.J.A.C. 5:70-3.1(a)23, F2301.5, (Hazardous Waste
Facilities) is added as follows: Hazardous Waste Facilities. Any hazardous
waste facility as defined in this chapter is hereby prohibited within
the City limits of the City of Bayonne. The storage and/or treatment
on-site of hazardous wastes by local generators shall comply with
the applicable requirements of this code.
4.
HAZARDOUS WASTE
HAZARDOUS WASTE FACILITY
HAZARDOUS WASTE GENERATOR
ON-SITE
AIR RELEASE
DISCHARGE
HAZARDOUS SUBSTANCE
PERSON
POLLUTANT
N.J.A.C. 5:70-3.1(a) and 3.2(a)23, F-2302.1 (Definitions) is amended
to add the following:
Any waste or combination of waste which poses a present or potential threat to human health, living organisms, or the environment. It shall include waste material that is toxic, corrosive, irritating or sensitizing, radioactive, explosive, or flammable. It shall also include hazardous waste as defined in New Jersey Administrative Code, Title 7, Chapter 26, subchapter 6.
Any facility and all contiguous land and structures used
for treating, storing or disposing of hazardous waste, but shall not
include any treatment or storage on-site of materials produced within
the limits of the City of Bayonne by a hazardous waste generator.
Any individual, trust, firm, joint stock company, corporation,
corporate official, partnership, or association, whose act or process
produces hazardous waste as a manufacturing by-product.
The same or geographically contiguous property under the
control of one owner.
Any intentional or unintentional action or omission resulting
in the emission or venting of any hazardous substances or hazardous
waste into the atmosphere within the City of Bayonne.
Means any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying, dumping, or placing of a hazardous substance or pollutant
into any waters or onto any land within the City of Bayonne; when
such discharge may result in damage to the people, lands, water or
natural resources of the City of Bayonne.
Means such elements and compounds, including petroleum products,
which are defined as such by the N.J. Department of Environmental
Protection, after hearing, and which shall be consistent to the maximum
degree possible with, and which shall include, the list of hazardous
substances adopted by the Federal Environmental Protection Agency
pursuant to Section 311 of the Federal Water Pollution Control Act
Amendments of 1972 as amended by the Clean Water Act, 1977, 33 U.S.C.
1251 et seq. provided however, that sewage and sewage sludge shall
not be considered as hazardous substances for the purposes of these
rules.
Means public or private corporations, companies, associations,
societies, firms, partnerships, joint stock companies and individuals.
Means any dredged soil, solid waste, incinerator residue,
sewage, garbage, refuse, oil, grease, sewage sludge, chemical wastes,
biological materials, wrecked or discarded equipment, construction
or demolition debris, industrial, commercial or agricultural waste
or other residue discharged to the land, groundwater or surface water
of the City of Bayonne.
5.
N.J.A.C. 5:70-3.2(a)23, F2310.2
(Unauthorized discharge) is amended to read as follows: Unauthorized
discharge. When hazardous materials are released in quantities reportable
under state, federal or local regulations, the Fire Official and the
Fire Department shall be notified and the following procedures required:
(1)
Records shall be kept by the owner or operator of the facility of
the discharge of hazardous materials including date, time, material
and quantity.
(2)
Provisions shall be made for controlling and mitigating unauthorized
discharges.
(3)
Whenever any unauthorized discharge due to primary container failure
is discovered, the involved primary container shall be repaired when
approved by the Fire Official or the Fire Department, or removed from
service.
(4)
Any person responsible for any unauthorized discharge shall institute
and complete all actions necessary to remedy the effects of such unauthorized
discharge, whether sudden or gradual. When deemed necessary by the
Fire Official or the Fire Department, cleanup shall be initiated by
an authorized individual or firm. All costs associated with such cleanup
shall be borne by the owner, operator or other person responsible
for the unauthorized discharge.
6.
A new section, N.J.A.C. 5:70-3.1(a)23, F-2310.2.1, (Responsibilities
of person(s) causing a discharge) is added as follows: Responsibilities
of person(s) causing a discharge. Any person responsible for the discharge
or air release of a hazardous substance, hazardous waste, or pollutant
shall reimburse the Fire Department for unanticipated expenses directly
incurred by the Fire Department during the investigation or mitigation
of said discharge or air release. Unanticipated expenses include but
are not limited to: overtime wages; replacement cost of protective
clothing; equipment and supplies; repair costs of damaged equipment;
laboratory costs for analysis of samples of hazardous substances,
hazardous wastes, pollutants, or air contaminants, sorbents, foams,
sealants and other items to stop or contain a discharge or air release;
and costs associated with the use of contractors to mitigate or assess
the effects of a discharge or air release.
Any person responsible for reimbursement of unanticipated expenses
to the Fire Department shall submit such payment within 30 days of
the receipt of an itemized bill certified by the Chief of the Fire
Department for said expense.
f.
Chapter 31 (Fireworks) is amended as follows:
1.
N.J.A.C. 5:70-3.2(a)31, F-3103.3.1 (Application) is amended to read
as follows: Application. Application for permits for display or discharge
shall be made in writing 45 days in advance of the date of the display
or discharge of fireworks. A permit granted hereunder shall not be
transferable, nor shall any such permit be extended beyond the dates
set out therein. All applications for permits shall set forth the
date, the hour the place of making such display, and the place for
storing of fireworks prior to the display. The application shall also
contain the names of the person, persons, firm, partnership, corporation,
association, or group of individuals making the display, and the name
of the person or persons in charge of the ignition, firing, setting-off,
exploding or causing to be exploded such fireworks. The location of
the storage place shall be subject to the approval of the fire official
of the jurisdiction.
g.
Chapter 32 (Flammable and Combustible Liquids) is amended as follows:
1.
N.J.A.C. 5:70-3.1(a)32, F-3207.1 (General) is amended to read as
follows:
General. Flammable and Combustible liquid storage tanks of any
capacity installed above ground shall comply with this chapter. Above-ground
tanks for the storage of flammable or combustible liquids shall not
exceed 200 feet in diameter and shall not exceed 64 feet in height.
2.
A new section N.J.A.C. 5:70-3.1(a)32, F-3207.6 (Spacing Between Above-Ground
Tanks) is added as follows: Spacing Between Above-Ground Tanks. When
tanks located above-ground are 60 feet or larger in diameter, there
shall not be more than two rows of tanks without an intervening roadway
having a minimum width of 15 feet and a fire service water main of
at least six inches in diameter having fire hydrants spaced not more
than 300 feet apart. Where a roadway is required, the flat section
at the top of a dike may be used, provided it can support the weight
of fire apparatus vehicles and is at least 15 feet wide at the narrowest
point.
3.
A new section N.J.A.C. 5:70-3.1(a)32, F-3203.12 (Drainage, Dikes
and Walls) is added as follows: Drainage, Dikes and Walls. Additional
requirements for above-ground tanks containing flammable or combustible
liquids are as follows:
(a)
All tanks containing flammable or combustible liquids shall be diked
or be provided with drainage to a safe area.
(b)
There shall be not more than three tanks within a common dike when
such tanks are 60 feet or more in diameter and contain Class I flammable
liquid.
(c)
There shall be not more than six tanks within a common dike when
such tanks are 60 feet or more in diameter and contain liquids having
flash point at or above 100 F and below 200 F.
(d)
When tanks are less than 60 feet in diameter, the number of tanks
within a common dike shall be limited to such number as can be effectively
protected by hose streams. In no case shall a tank be more than 60
feet from a roadway.
(e)
Height of dike walls shall be limited to a maximum of six feet measured
from the interior of the diked area.
(f)
Piping supports within dike areas shall be of materials that have
a fire resistance rating of at least two hours. All pipe systems shall
be substantially supported and protected against physical damage,
and excessive stresses arising from settlement, vibration, expansion
or contraction.
(g)
All underground Class I flammable liquids tanks shall be tested every
five years after the last hydrostatic test. If a test has not been
performed within five years prior to the effective date of this ordinance,
testing must be completed by the end of 1999. Test results shall be
sent to the Code Enforcement Unit.
4.
A new section N.J.A.C. 5:70-3.1(a)32, F-3209.6 (Bulk storage plants)
is added as follows: Bulk storage plants. A water supply and distribution
system shall be included as part of all bulk storage plants. The minimum
fire flow shall be sufficient to provide protection for the largest
tank in the plant or the greatest hazard within the plant and to provide
sufficient additional flow to protect and cool exposed tanks or other
property. The installation of water lines for plant protection shall
comply with the applicable provisions of NFPA Standard 24, the most
recent edition "Outside Protection."
h.
Chapter 36 (Liquefied Petroleum Gases) is amended as follows:
1.
N.J.A.C. 5:70-3.1(a)36, F-3601.1 is amended to read as follows: Liquefied
Petroleum Gases. The provisions of this chapter and NFPA 58 and 59
listed in Chapter 44 shall apply to the equipment, processes and operations
for the storage, use, handling, installation and maintenance of liquefied
petroleum gas and liquefied natural gas. Whenever the term "liquefied
petroleum gas" is used in this Chapter, it shall be deemed to include
"liquefied natural gas."
2.
N.J.A.C. 5:70-3.1(a)36, F-3602.1 (General) is amended to add the
following definitions:
Liquefied natural gas (LNG): A fluid in the liquid state composed
predominantly of methane, which may contain minor quantities of ethane,
propane, nitrogen or other components normally found in natural gas.
Liquefied natural gas equipment: All containers, apparatus,
piping (not including utility distribution piping systems) and equipment
pertinent to the storage and handling of liquefied natural gas. Gas
consuming appliances shall not be considered as being liquefied natural
gas equipment.
3.
N.J.A.C. 5:70-3.1(a)36, F-3603.2 (Terminals, plants, refineries and
tank farms) is amended to read as follows: Terminals, plants, refineries
and tank farms. Liquefied petroleum gas (LPG) and liquefied natural
gas (LNG) installations wherein the aggregate amount in containers
or tanks exceeds 2,000 gallons water capacity are prohibited within
the City limits of the City of Bayonne. No LPG or LNG terminals, plants,
refineries, tank farms or gas utility plants shall be permitted.
[1972 Code § 14-10]
Upon the application of a property owner, or lessee with the
consent of the owner, the Fire Official may grant a variance from
the requirements of a regulation or standard adopted pursuant to this
chapter. Any such variance shall be in accordance with the provisions
of the Uniform Fire Code as same may be amended and supplemented (c.
N.J.A.C. 5:70-2.14).
[1972 Code § 14-11]
a.
Permits.
1.
The following activities shall require a Type I Permit:
(a)
Cylinder storage of welding gases (provided that no permit is
required if the storage is in a use required to register as a Type
B life hazard use).
(b)
Storage of up to 600 pounds, of calcium carbide.
(c)
Use of fuel oil tanks or drums with a capacity of more than
five but not in excess of 55 gallons.
(d)
Installations of liquefied petroleum gas (LPG) or liquefied
natural gas (LNG) utilizing storage containers of more than 10 gallons
but not more than 1,000 gallons individual water capacity.
b.
Non-Life Hazard Uses.
1.
All premises not classified as "life hazard uses" pursuant to the
Uniform Fire Code (with the exception of owner-occupied detached Use
Group R-3 structures used exclusively for dwelling purposes) shall
be classified as "non-life hazard uses." Non-life hazard uses shall
annually be registered with and inspected by the code enforcement
unit.
2.
Delivery of flammable and combustible liquids: All tank vehicles
delivering flammable or combustible liquids to premises within the
City of Bayonne shall be required to be registered with the code enforcement
unit and shall be subject to inspection at any time; provided that
no registration shall be required for deliveries made to bulk plants
having suitable fire control equipment.
[1972 Code § 14-12; Ord. No. O-01-51; Ord. No. O-04-05 § 1]
a.
Life Hazard Registration and Inspection Fees. Life hazard registration and inspection fees shall be in accordance with the fees set forth in Chapter 2 of the Uniform Fire Code (N.J.A.C. 5:70-2.1 et seq.)
b.
Permit Fees. Fees for permits required pursuant to the Uniform Fire Code and Section 19-11 of this chapter shall be as follows:
|
Type 1 Permits
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$50
|
|
Type 2 Permits
|
$166
|
|
Type 3 Permits
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$331
|
|
Type 4 Permits
|
$497
|
c.
Registration Fees, Including Inspection.[1] (These fees do not apply to life hazard uses referenced
in paragraph a above.) The fee for registration and inspection of
non-life hazard uses shall be as follows:
|
1.
|
Use Groups A-1A, A-1B, A-2, A-3, and A-5:
| ||
|
(a)
|
Buildings and structures with a capacity of fewer than 50 people
|
$25
| |
|
(b)
|
Buildings and structures with a capacity of more than 50 but
fewer than 100 people
|
$50
| |
|
2.
|
Use Group B:
| ||
|
(a)
|
Buildings and structures (with or without attached dwelling
units) up to and including 1,000 square feet
|
$35
| |
|
(b)
|
Buildings and structures (with or without attached dwelling
units) from 1,001 square feet up to and including 4,000 square feet
|
$55
| |
|
(c)
|
Buildings and structures (with or without attached dwelling
units) from 4,001 square feet up to and including 10,000 square feet
|
$85
| |
|
(d)
|
Buildings and structures (with or without attached dwelling
units) more than 10,000 square feet
|
$125
| |
|
3.
|
Use Group F-1:
| ||
|
(a)
|
2,500 square feet and under
|
$60
| |
|
(b)
|
2,501 to 7,000 square feet
|
$100
| |
|
(c)
|
7,001 to 11,999 square feet
|
$150
| |
|
4.
|
Use Group F-2:
| ||
|
(a)
|
2,500 square feet and under
|
$45
| |
|
(b)
|
2,501 to 7,000 square feet
|
$70
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|
(c)
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7,001 to 12,000 square feet
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$125
| |
|
(d)
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Over 12,000 square feet
|
$175
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|
5.
|
Use Group M:
| ||
|
(a)
|
2,500 square feet and under
|
$50
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|
(b)
|
2,501 to 7,000 square feet
|
$75
| |
|
(c)
|
7,001 to 12,000 square feet
|
$150
| |
|
6.
|
Use Group R-1:
|
$40
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|
7.
|
Use Group R-2:
| ||
|
(a)
|
3 to 5 units
|
$40
| |
|
(b)
|
6 to 10 units
|
$80
| |
|
(c)
|
11 to 15 units
|
$120
| |
|
(d)
|
16 to 20 units
|
$150
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|
(e)
|
Over 20 units for each additional unit over 20
|
$150, plus $10
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|
8.
|
Use Group S-1:
| ||
|
(a)
|
2,500 square feet and under
|
$50
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|
(b)
|
2,501 to 7,000 square feet
|
$75
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|
(c)
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7,001 to 11,999 square feet
|
$150
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|
9.
|
Use Group S-2:
| ||
|
(a)
|
2,500 square feet and under
|
$40
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|
(b)
|
2,501 to 7,000 square feet
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$60
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(c)
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7,001 to 11,999 square feet
|
$125
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|
10.
|
Registration of tank vehicles delivering flammable or combustible
liquids to premises within the City of Bayonne, each vehicle:
|
$30
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|
11.
|
All other uses and activities required to be registered and
inspected by this ordinance not otherwise enumerated above
|
$40
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[1]
Editor's Note: The fees set forth in this paragraph shall
not apply until the calendar bill commencing January 1, 2000 and be
due annually thereafter.
d.
Certificate of Smoke Detector Compliance. There shall be no application
fee for a certificate of smoke detector compliance, as required by
N.J.A.C. 5:70-2.3.
e.
Certificate of Fire Code Status. The fee for a Certificate of Fire
Code Status shall be $35.
g.
Penalties. Penalties for acts or omissions in violation of this chapter
shall be in accordance with the penalty provisions of the Uniform
Fire Code, N.J.A.C. 5:70-2.12 and N.J.A.C. 5:70-2.12A. The penalty
for failure to file a registration or pay when due an annual registration
fee for a non-life hazard use shall be the same as is specified for
life hazard uses.
[1972 Code § 14-13]
All currently existing ordinances or parts thereof conflicting
or inconsistent with the provisions of this chapter or revision, or
of the Code hereby adopted are hereby repealed.
[1972 Code § 14-14]
If any section or subsection, clause, phrase or portion of this
chapter or revision, or amendment or revision thereto, is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portion thereof.
