[1983 Code § 101-1; Ord. No. 2014-23; Ord. No. 2018-15]
Pursuant to the Uniform Fire Safety Act (P.L. 1983, c. 383)
the New Jersey Fire Code shall be locally enforced in the Borough.
Further, the International Fire Code (IFC) New Jersey Edition, as
then current, shall be locally enforced in the Borough.
[1983 Code § 101-2; Ord. No. 2014-23]
The Borough Fire Department is authorized to enforce the provisions
of this article as the enforcing agency. Notwithstanding, nothing
herein shall prevent the Borough Police Department from enforcement
of the provisions of this article as same may concern the public health,
safety and welfare.
[1983 Code § 101-3; Ord. No. 2014-23]
The Borough Fire Department shall enforce the New Jersey Uniform
Fire Code and the IFC as set forth above and the codes and regulations
adopted under them in all buildings, structures and premises within
the Borough of Pompton Lakes other than owner occupied one- and two-family
dwellings and shall comply with all of the requirements of the Uniform
Fire Safety Act, the Uniform Fire Code and the IFC.
[1983 Code § 101-4; Ord. No. 2014-23; Ord. No. 2017-23]
The Borough Fire Prevention Bureau shall carry out the periodic
inspections of life hazard uses required by applicable law on behalf
of the Commissioner of the New Jersey Department of Community Affairs.
[1983 Code § 101-5; New]
There is hereby established within the Fire Department, a Fire
Prevention Bureau, which shall be part of the Fire Department and
which shall be directly answerable to and under the overall responsibility
of the Fire Chief.
[1983 Code § 101-6]
A.
Appointment of Fire Official. The Fire Prevention Bureau of the Fire
Department shall be under the direct supervision of the Fire Official,
who shall be appointed by the Mayor and Council of the Borough of
Pompton Lakes pursuant to Title 11A, Civil Service, of the New Jersey
Revised Statutes. No appointment shall be made until the Mayor and
Council shall be in receipt of a recommendation and review of the
qualifications of the appointee by the Fire Chief. The salary of the
Fire Official shall be established pursuant to the Salary Ordinance
of the Borough of Pompton Lakes, as amended.
B.
Term of office. The Fire Official shall serve during good behavior
and shall be removed from office during the term of appointment only
for good cause shown and only after having been offered a hearing
upon any charges before the governing body.
C.
Inspectors and employees. Such other inspectors and other employees
as may be necessary in the local enforcing agency shall be appointed
by the Mayor and Council pursuant to Title 11A, Civil Service, of
the New Jersey Revised Statutes. Prior to such appointment, the Mayor
and Council shall be in receipt of a review and recommendation with
respect to said appointee by the Fire Chief. Such inspectors and other
employees shall be under the supervision and control of the Fire Official.
D.
Removal. Inspectors and other employees of the enforcing agency shall
be subject to removal by the Mayor and Council for inefficiency or
misconduct. Each inspector or employee to be so removed shall be afforded
an opportunity to be heard by the appointing authority or a designated
hearing officer.
[1983 Code § 101-7; Ord. No. 2014-23]
Pursuant to the provisions of the Uniform Fire Safety Act and
any other applicable law or regulation, any person aggrieved by an
order of the local enforcement agency shall have a right of appeal
to the Passaic County Construction Board of Appeals.
[1983 Code § 101-8; Ord. No. 2016-27; Ord. No. 2017-16 § 4; amended 6-28-2023 by Ord. No. 23-25]
A.
In addition to the inspection and fees required pursuant to the Act
and the regulations of the Department of Community Affairs, the following
additional inspections and fees shall be required:
1.
All buildings, structures and premises, except single-family and
two-family dwellings occupied by the holder of the title to the property
and dwelling units within two-family and multifamily dwelling, other
than life hazard uses, shall be inspected in accordance with the procedures
and rules and regulations established pursuant to the Uniform Fire
Code and the administrative regulations adopted thereunder by the
New Jersey Department of Community Affairs.
1a.
Inspection of residential and nonresidential premises whenever a
change in tenancy, use, occupancy or ownership of the premises occurs.
2.
The inspections and fees herein established shall apply to owners,
lessees and sub-lessees.
3.
The registration fee shall be $75 per year or part thereof, per billing
unit. A billing unit is defined as the following:
B.
All fees shall be payable to the Borough of Pompton Lakes.
C.
The application fee for certificate of smoke alarm, carbon monoxide
alarm, and portable fire extinguisher compliance (CSACMAPFEC), as
required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time
remaining before the change of occupant is expected. The fee schedule
for requests received more than 10 business days, four to 10 business
days and fewer than four business days will be established by the
Uniform Fire Code and shall be the fees established for collection
in the Borough of Pompton Lakes.
[1983 Code § 101-9; amended 6-28-2023 by Ord. No. 23-25]
A.
The local enforcing agency shall annually bill for and take such
steps as may be necessary, including assessing penalties per the Uniform
Fire Code N.J.A.C. 5-70-2.12, to collect the annual registration fee
and remit the same to the Borough Treasurer within 48 hours of receipt.
B.
The local enforcing agency shall collect all other fees, including
for permits and take such steps as may be necessary, such as above,
and remit the same within 48 hours of collection to the Borough Treasurer.
[1983 Code § 101-10]
The permit fees established by the Uniform Fire Code shall be
the fees established for collection in the Borough of Pompton Lakes.
[Ord. No. 2017-16 § 2]
The owners or operators of real property are prohibited from
altering or modifying Smoke Detector Systems or Carbon Monoxide Detector
Systems installed in the property and are required to operate and
maintain such systems in accordance with the approvals obtained from
the Construction Department at the time the systems were approved
and installed, unless the owner or operator obtains a written waiver
from the Construction Department authoring an alteration or modification
which does not comply with the original approvals.
[1983 Code § 82-1; New]
It shall be unlawful for any person, firm or corporation to
burn any materials or vegetation within the Borough of Pompton Lakes
unless authorized by permit under N.J.A.C. 7:27-2.1 et seq., Control
and Prohibition of Open Burning; N.J.S.A. 13:9 et seq., General Forest
Fire Act or as permitted under the laws of New Jersey.[1]
[1983 Code § 82-2]
No grass, standing brush or brush heaps shall be burned from
any field or other area unless there shall be present at all times
while the fire is in progress an adult or adults, in compliance with
the conditions of the permit, with brooms and pails of water or any
other fire extinguisher, and such fires shall only be started on a
reasonably calm day and in such a manner that the progress of the
fire shall be towards the direction of the wind.
[1983 Code § 82-3; New]
In no event shall any such burning be had or fire be kindled
and maintained except during the hours of daylight on any day unless
directly under the supervision of the Fire Department.
[1983 Code § 82-4]
In no event shall any burning permitted by this chapter upon issuance of a permit as provided for in Section 18-20 hereof, nor shall any burning be permitted without a permit by reason of the exception set forth in Section 18-20 hereof, be had or kindled or maintained in connection therewith within 25 feet of the property line whereon said burning shall take place.
[1983 Code § 82-5]
Any person violating any of the provisions of this chapter shall
be subject to a penalty of not more than $500 or to be imprisoned
in the Passaic County Jail for a term not exceeding 30 days, or both,
in the discretion of the Judge before whom such complaint shall be
heard and conviction obtained.
