[Ord. 375; Ord. 400; Ord. 461; Ord. 522]
That certain code described and commonly known as the "New Jersey
Uniform Fire Code (PL 1983, C.383)" setting forth minimum requirements
and controls to safeguard life, property or public welfare from the
hazards of fire and explosion arising from the storage, handling or
use of substances, materials or devices and from conditions hazardous
to life, property or public welfare in the use or occupancy of buildings,
structures, sheds, tents, lots or premises is hereby adopted as the
Fire Prevention Code for the borough and shall be enforced locally
within said borough. Three copies of said code have been placed on
file in the office of the borough clerk and shall remain on file there
for the use and examination of the public.
The local enforcing agency for the Borough of Hopewell shall
be the bureau of fire safety within and as part of the board of fire
commissioners of Fire District No. 1 in the Borough of Hopewell.
The local enforcement agency shall enforce the Uniform Fire
Safety Act and the codes and regulations adopted under it in all buildings,
structures and premises within the established boundaries of the borough
other than owner-occupied one and two family dwellings, and shall
faithfully comply with the requirements of the Uniform Fire Safety
Act and the Uniform Fire Code.
The local enforcing agency established by subsection
15-1.2 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 Community Affairs.
The bureau of fire safety acting as the local enforcing agency established under subsection
15-1.2 of this section shall be under the supervision of the fire official appointed by the board of fire commissioners. The fire official shall report to and be responsible to the board of fire commissioners.
All funds generated by the local enforcing agency shall be appropriated
by the board of fire commissioners to support the operations of the
local enforcing agency and any additional funds as may be necessary
to support the operations of the local enforcing agency shall be raised
by the fire district in the manner provided by law.
The board of fire commissioners shall appoint a fire official
who shall serve as the chief administrative officer of the agency.
The fire official shall establish the day to day operating routines
of the agency and shall coordinate the activities of all inspectors
and other staff. The fire official shall be appointed and serve for
a term of three years, said term to commence on April 1.
Such additional inspectors and other employees as may be necessary
in the local enforcing agency shall be appointed in the same manner
by the board of fire commissioners. All additional inspectors and
employees shall be appointed annually for a term of one year to commence
on April 1.
The fire official, all inspectors and other employees of the
local enforcing agency shall be subject to removal by the board of
fire commissioners, only for good cause shown after an opportunity
to be heard by the appointing authority or a designated hearing officer.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
shall have the right to appeal to the Construction Board of Appeals
of Mercer County.
The permit fees established by the New Jersey Uniform Fire Code
(P.L.1983, c.383), for use group types 1 through 5 shall be as permitted
by said law as amended from time to time.
a. Industrial and Commercial Uses Not Classified as "Life Hazard Uses"
by the Uniform Fire Code.
Gross Floor Area of Use
|
Fee
|
---|
Less than 1,000 square feet
|
$25
|
1,000 but less than 6,000 square feet
|
$50
|
6,000 but less than 10,000 square feet
|
$75
|
100,000 square feet or more
|
$100
|
b. Multiple-Family Dwellings:
Non-owner occupied two family dwellings and structures containing
3 to 5 dwelling units
|
$15
|
Structures containing 6 to 25 dwelling units
|
$50
|
Structures containing more than 25 dwelling units
|
$200
|
c. All non-life hazard uses shall be inspected at least once every three
years.
The inspection fees specified in subsection
15-1.10a and
b shall be paid by the occupant of the premises as to industrial and commercial uses not classified as "life hazard uses" and by the owner of the premises for multiple family dwellings.
Written notice of the inspection shall be personally delivered
to the occupant or owner at the time of the inspection or if mailed
to the occupant or owner, by the fire official, mailed by certified
mail not less than 30 days prior to the date fixed by said certified
mail notice for the inspection. The inspection fee shall be paid to
the fire official on or before the date of the inspection.
No person shall use or operate any fire hydrant intended for
use of the fire department for fire suppression purposes unless such
person first secures a permit for such use from the fire official
and the water company having jurisdiction. This subsection shall not
apply to the use of such hydrants by a person employed by, and authorized
to make such use by the water company having jurisdiction.
The fire official shall recommend to the chief administrative
official of the municipality the location or relocation of new or
existing fire hydrants and the placement or replacement of inadequate
water mains located upon public property and deemed necessary to provide
an adequate fire flow and distribution pattern. A fire hydrant shall
not be placed into or removed from service until approved by the fire
official.
There is hereby adopted by the Borough of Hopewell the fire
control measures and regulations as herein set forth for the purposes
of controlling conditions which could impede or interfere with fire
suppression forces.
The fire official or his duly authorized representatives, as
may be in charge at the scene of a fire or other emergency involving
the protection of life or property, is empowered to direct such operations
as may be necessary to extinguish or control any suspected or reported
fires, gas leaks, or other hazardous conditions or situations or of
taking any other action necessary in the reasonable performance of
their duty. The fire official may prohibit any person, vehicle or
object from approaching the scene and may remove or cause to be removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the fire department. The fire official may
remove or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not re-enter the area until authorized to do so by the fire
official.
It shall be unlawful to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of, or block the path of travel of any fire department emergency vehicle
in any way, or to interfere with, attempt to interfere, conspire to
interfere with, obstruct or hamper any fire department operation.
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the fire official or to interfere with
the compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected
fire hose of the fire department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the fire official in command of said operation.
Authorized emergency vehicles shall be restricted to those which
are defined and authorized under the laws of the State of New Jersey.
Upon the approach of any authorized emergency vehicle, giving
audible and visual signal, the operator of every other vehicle shall
immediately drive the same to a position as near as possible and parallel
to the right-hand edge or curb of the street or roadway, clear of
any intersection, and shall stop and remain in such position until
the authorized emergency vehicle or vehicles shall have passed, unless
otherwise directed by the fire official or a police officer.
It shall be unlawful for the operator of any vehicle, other
than one on official business, to follow closer than 300 feet from
any fire apparatus traveling in response to a fire alarm, or to drive
any vehicle within the block or immediate area where fire apparatus
has stopped in answer to a fire alarm.
A person shall not, without proper authorization from the fire
official in charge of said fire department emergency equipment, cling
to, attach himself to, climb upon or into, board, or swing upon any
fire department emergency vehicle, whether the same is in motion or
at rest; or sound the siren, horn, bell or other sound-producing device
thereon, or to manipulate or tamper with, or attempt to manipulate
or tamper with any levers, valves, switches, starting devices, brakes,
pumps, or any equipment or protective clothing on, or a part of, any
fire department emergency vehicle.
It shall be unlawful for any person to damage or deface, or
attempt, or conspire to damage or deface any fire department emergency
vehicle at any time, or to injure, or attempt to injure or conspire
to injure fire department personnel while performing departmental
duties.
The driver of any emergency vehicle, as defined in subsection
15-2.6 of this section, shall operate such emergency vehicle in compliance with all applicable laws of the State of New Jersey.
All ordinances or parts of ordinances in conflict with any of
the provisions of this section are hereby repealed.
This section shall take effect and be in force upon its final
passage and publication as provided by law.
All structures used or intended for use for residential purposes
by not more than two households shall have smoke sensitive alarm devices
as required by New Jersey P.L. 1991, Chapter 92.
In any case of change of occupancy of a structure subject to the requirements of subsection
15-3.1, no owner shall sell, lease or otherwise permit occupancy for residential purposes of such structure without first obtaining a certificate of compliance. An application for the certificate of compliance shall be made by the owner to the local fire official on such forms as may be provided by said official and shall pay a fee at the time of filing the application. The fee for the certificate of compliance shall be in the amounts prescribed in the New Jersey Uniform Fire Code. The local fire official shall promptly make an inspection of the structure to determine that the structure is equipped with the required alarm devices, and if the structure is so equipped shall immediately issue the certificate of compliance.
Any owner who sells, leases, rents or otherwise permits the
occupancy for residential purposes of any structure subject to the
provisions of P.L. 1991, Chapter 92 and this section or who fails
to comply with the inspection and certification requirements of this
section shall be subject to a fine of not more than $500, which may
be collected and enforced by the local fire official by summary proceedings
pursuant to the penalty enforcement law. (N.J.S. 2A:58-1 et seq.)