Editor's Note: Prior ordinance history includes portions of Ordinance No. 278.
There is hereby adopted by the Borough of Union Beach for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as, "Uniform Fire Code" being recommended by the Department of Community Affairs, State of New Jersey, being particularly N.J.S.A. 52:27D-192 (P.L. 1983 et seq. Chapter 383, approved November 12, 1983) and all updates and amendments now and in the future, thereof and the whole thereof, of which code, (and one copy is filed in the office of the borough clerk and five copies of which are in the possession of the fire official and the four fire inspectors respectively) and the same are hereby adopted and incorporated as fully as if set out at length, and from the date of which this section shall take effect, the provisions shall be controlling within the limits of the borough.
The Uniform Code shall be enforced by the fire prevention bureau, in the fire department of the borough, which is hereby established and which shall be operated under the supervision of the chief of the fire department.
The fire official shall be in charge of the fire prevention bureau and shall be recommended for appointment by the chief of the fire department to the board of fire commissioners for their approval and appointment for a term of three years or until his successor shall be appointed.
The fire official may recommend for appointment, such members of the fire department who are certified by the State of New Jersey as inspectors with the approval of the department chief, as shall from time to time be necessary.
A report of the fire prevention bureau shall be made annually and transmitted to the mayor and council. It shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include.
As used in this section:
[Ord. #472; Ord. #96-756]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 472 and 482.
Pursuant to Section 11 of the Uniform Fire Safety Act, (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.) shall be totally enforced in the Borough of Union Beach.
The local enforcing agency shall be the "Union Beach Fire Department" through its bureau of fire prevention, which is hereby created herein. The bureau of fire prevention shall hereinafter be known as the local enforcing agency.
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Borough of Union Beach, other than one and two unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by the federal government, interstate agencies or the state.
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
Appointment and Qualifications of Fire Official. The fire official shall be certified by the state and appointed by the governing body from a list of three names submitted by the chief of the fire department, unless otherwise provided pursuant to Title 11 of the Revised Statutes of the State of New Jersey.
Appointment and Qualifications of Inspectors and Other Employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon the recommendation of the fire official. All life hazard use inspectors shall be certified by the state, unless otherwise provided pursuant to Title 11 of the Revised Statutes of the State of New Jersey.
Appointment of Legal Counsel. The borough attorney is hereby appointed legal counsel to assist the agency in enforcing the Uniform Fire Code.
Term of Office. The fire official shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
Removal from Office. The fire official; inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the mayor and council or a hearing officer designated by the same.
The bureau of fire prevention established by subsection 9-2.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
In addition to the registrations required by the Uniform Fire Code, the following non life hazard uses shall register with the bureau of fire prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below:
R-A Uses shall be inspected and charged a fee only upon sale or change of tenant.
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
Uses required to register with the state as life hazard uses shall not be required to register under this section.
In the discretion of the fire official, vacant buildings will be charged and inspected according to the previous use of the building.
The application fees for the permits listed in N.J.A.C. 15:18-2.7 shall be as provided by the state regulation.
Pursuant to sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the County of Monmouth.
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
A certain document, three copies of which are on file in the Office of the Borough Clerk of the Borough of Union Beach, being marked and designated as the International Fire Code, 2006 edition, including Appendix Chapters B, C, D, E, F, and G, as published by the International Code Council, are hereby adopted as the Fire Code of the Borough of Union Beach, in the State of New Jersey, for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the Office of the Borough Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in subsection 9-3.4 of this section.
The former Section 10-8 of Chapter 10, Building and Housing, adopting and amending "The BOCA Basic Fire Prevention Code, 1975, Third Edition" is hereby repealed. Nothing in this section or in the International Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this subsection; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
The adoption of the International Fire Code, 2006 edition, is intended to supplement and complement the Uniform Fire Code adopted in section 9-1 of this chapter and in the event of any conflict or inconsistency between the provisions of the Uniform Fire Code and the International Fire Code the provisions of the Uniform Fire Code shall control.
The following shall be included in the appropriate sections designated by bracketed italicized words in the text of this code:
Section 101.1 Insert "Borough of Union Beach."
Section 109.3 Delete Section in Code and replace with the following:
Violations and Penalties: Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
If the violation is of a provision of any housing, building or zoning code and the Code Enforcement Bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Section 111.4 Insert: "$100" and "$2,000."
The geographical limits referred to in certain sections of the 2006 International Fire Code are hereby established as follows: