[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 349-85 (Ch. XIV, Sec. 14-2, of the 1986 Revised General Ordinances)]
The Uniform Fire Safety Act (P.L. 1983, c. 383)[1] was enacted for the purpose of establishing a system for the enforcement of minimum firesafety standards throughout the State of New Jersey; and the Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose; and it is in the best interest of the Township of Mine Hill to have the Uniform Fire Safety Act enforced locally; and the Fire Department of the Township of Mine Hill has agreed to the plan which is set forth herein for the administration and enforcement of the Uniform Fire Safety Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 2-16-2015 by Ord. No. 04-15]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Township of Mine Hill.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 2-16-2015 by Ord. No. 04-15; 8-3-2023 by Ord. No. 12-23]
A. 
Within the established boundaries of the Township of Mine Hill, the local enforcing agency shall enforce the Uniform Fire Safety Code in all buildings, structures, and premises other than one- and two-unit owner-occupied buildings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by the federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Code.
C. 
Technical amendments to code. The following amendments to the Uniform Fire Safety Code are hereby made:
(1) 
Code Section 308.1.4 Open flame cooking devices and outdoor fireplaces. Charcoal burners, other open flame cooking devices and outdoor fireplaces shall not be operated or stored on combustible balconies or decks or within 15 feet of combustible construction.
Exceptions:
1. One and two-family dwellings.
2. When buildings, balconies and decks are protected by an automatic sprinkler system.
3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 2.5 pounds (nominal 1 pound (0.454 kg) LP-gas capacity).
(2) 
Code Section 308.1.4.1 Liquified-petroleum-gas-fueled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 15 feet (3048 mm) of combustible construction.
Portable LP-gas cooking equipment such as barbecue grills and outdoor fireplaces shall not be stored or used:
1. On any porch, balcony or any other portion of a building;
2. Within any room or space of a building;
3. Within 15 feet of any combustible construction;
4. Within 15 feet, vertically or horizontally, of an opening in any wall; or
5. Under any building overhang.
Exception: Detached owner-occupied one- and two-family dwellings.
The local enforcing agency established by § 252-3 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 2-16-2015 by Ord. No. 04-15]
The Fire Marshal shall be responsible for inspections and enforcement under the Uniform Fire Safety Code and shall be within the Division of Fire Protection in the Department of Public Safety.
[Amended 2-16-2015 by Ord. No. 04-15]
A. 
Appointment and qualifications of the Fire Marshal. The Fire Marshal shall be certified by the state and appointed by the Mayor with the advice and consent of members of the Council.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency may be appointed by the Mayor with the advice and consent of members of the Council upon recommendation of the Fire Marshal. All life-hazard use inspectors shall be certified by the state.
C. 
Term of office. The Fire Marshal shall serve for a term of one year and until his/her successor shall be duly qualified for the office. Any vacancy shall be filled for the unexpired term.
D. 
Removal from office. The Fire Marshal, 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 governing body or a hearing officer designated by the same.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right of appeal to the Morris County Construction Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 2-4-2016 by Ord. No. 01-16]
The permit fees established by the Uniform Fire Code shall be as set forth in Chapter 235, Fees.
[Adopted 10-16-2025 by Ord. No. 14-2025]
LITHIUM-ION BATTERY
Means and includes a storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
POWERED MOBILITY DEVICES
Means and includes motorized bicycles, motorized scooters and other personal mobility devices powered by a lithium-ion or other storage battery. The term "powered mobility device" does not include wheelchairs, medical devices or other mobility devices designed for use by persons with disabilities or any motor vehicles, motorcycles or other mobility devices capable of being registered with the New Jersey Motor Vehicle Commission.
SECOND-USE LITHIUM-ION BATTERY
Means and includes a lithium-ion battery that has been assembled or reconditioned using cells removed from used batteries.
STORAGE BATTERY
Means and includes a secondary battery in which an ion (H+ from H20 in the nickel-metal hydride system, Li+ in the lithium-ion system) shuttles back and forth between anode and cathode during charge and discharge cycling, without requirement from other reactants.
A. 
No person shall distribute, sell or offer for sale:
(1) 
A second-use lithium-ion battery.
(2) 
A lithium-ion battery for a powered mobility device unless it has been listed and labeled by the Underwriters Laboratories, a nationally recognized testing laboratory or such other organizations as may be approved by the Fire Official, and such labeling is disclosed on the battery or on packaging for such battery.
B. 
No person shall assemble or recondition a lithium-ion battery using cells removed from used storage batteries.
C. 
Each noncompliant battery shall constitute a separate violation.
A. 
Any business within the Township of Mine Hill which distributes, sells, offers for sale or rents lithium-ion batteries and powered mobility devices, including scooters and bicycles, or which provides charging services for powered mobility devices, and that, at any time, has or maintains a total inventory or stock exceeding 35 lithium-ion-powered batteries, shall be required to register with the Township Fire Official in accordance with this section. All existing businesses shall register within 60 days of the effective date of this article.
B. 
Registration pursuant to this section shall be on the form prescribed by the Township and shall contain the following information:
(1) 
The name of the business owner, property owner and, if applicable, authorized agent or representative;
(2) 
The direct mailing address of the business owner, property owner and, if applicable, authorized agent or representative;
(3) 
The direct telephone number for the business owner, property owner and authorized agent or representative;
(4) 
Email address for the business owner, property owner and authorized agent or representative;
(5) 
The name and 24-hour contact telephone number of a representative of the local property management company responsible for the security and maintenance of the property; and
(6) 
A certificate of insurance in compliance with N.J.S.A. 40A:10A-1.
C. 
Upon receipt of a complete registration application, the Township Fire Official shall issue a certificate of registration. The business shall display the certificate of registration in the licensed premises.
D. 
Any business subject to this section shall be required to provide written notice to the Township Fire Official within 30 days of any changes in the registration information and shall file an amended registration with the Fire Official.
E. 
Any business subject to this section shall be subject to inspections by the Township Fire Official.
All businesses subject to registration under § 252-13 of this article shall be required to:
A. 
Maintain records of lithium-ion batteries and powered mobility devices in their possession and the date, place and manner of disposal of all defective and discarded batteries;
B. 
Ensure that all lithium-ion batteries kept on the premises are stored in a fire-resistant storage cabinet or in such other manner as may be approved by the Fire Official in accordance with accepted nationally recognized standards for fire prevention and public safety;
C. 
Ensure that all areas in which lithium-ion batteries are charged or stored have sufficient natural or mechanical ventilation in accordance with applicable codes to prevent the accumulation of any flammable or other gases that may be discharged during normal charging operations;
D. 
Ensure that all areas in which lithium-ion batteries are charged or stored are equipped with properly functioning smoke detectors or smoke alarms and adequately protected by an approved fire sprinkler system, fire alarm system, fire extinguisher, fire containment system or such other fire prevention or suppression systems, devices or equipment as may be approved by the Fire Official in accordance with accepted nationally recognized standards for fire prevention and public safety; and
E. 
Ensure that all areas where lithium-ion batteries are charged or stored are temperature controlled to prevent over-heating or other unsafe battery conditions.
A. 
A violation of this article shall be punishable by a warning or fine as set forth in this chapter.
B. 
Each violation of this article shall constitute a separate violation independent of any other section, or any order issued pursuant to this chapter. Each day's failure to comply with this article or subsection shall constitute a separate violation.