[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 12-9-1985 by Ord. No. 47-85.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 18.
Alarm systems — See Ch. 54.
Fire zones — See Ch. 103.
[1]
Editor's Note: This ordinance also repealed former Ch. 101, Fire Prevention, adopted 12-8-1969 by Ord. No. 26-69, amended in its entirety 12-28-1981 by Ord. No. 42-81, and further amended 9-10-1984 by Ord. No. 29-84.
[Amended 11-27-2000 by Ord. No. 44-2000]
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) shall be locally enforced within the Borough of Madison. Said local enforcement shall be pursuant to and in conformance with the provisions of this chapter and the fire code enforcement regulations (N.J.A.C. 5:71-1.1 et seq.).
The local enforcement of the Uniform Fire Code provided for in § 101-1 of this chapter shall be the responsibility of the Bureau of Fire Prevention (the "Bureau"), which is hereby established within the Madison Fire Department. The Bureau shall also be responsible for enforcement of all provisions of this chapter. The Bureau Attorney is hereby designated as legal counsel for the Bureau.
The enforcement duties of the Bureau under this chapter shall include the following:
A. 
The Uniform Fire Safety Act and the code and regulations adopted thereunder shall be enforced in all buildings, structures and premises within the Borough of Madison, except for owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units.
B. 
The Bureau shall carry out the periodic inspections of life hazard uses, as defined by N.J.A.C. 5:70-2.4, as required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 11-27-2000 by Ord. No. 44-2000]
C. 
The Bureau shall perform such other inspections and duties as required by the Uniform Fire Code and this chapter.
D. 
The Bureau shall prepare an annual report to the Borough Council setting forth all actions taken in enforcement of the code and this chapter during the preceding year.
A. 
The position of Fire Official is hereby created within the Madison Fire Department. The Fire Official shall be in charge of the Bureau and shall be responsible for the enforcement of the Uniform Fire Code and this chapter, subject to the supervision of the Fire Chief.
B. 
At the recommendation of the Fire Chief, the Borough Council shall biannually appoint a person to the position of Fire Official. Said person shall be a paid employee of the Madison Fire Department who has obtained certification as a fire official from the New Jersey Department of Community Affairs in accordance with the provisions of N.J.A.C. 5:71-4.1 et seq.
[Amended 11-27-2000 by Ord. No. 44-2000]
C. 
The duties of the Fire Official shall be in addition to the normal duties of said person's position in the Madison Fire Department.
D. 
The Fire Official shall be assisted in the performance of his duties by such other employees of the Madison Fire Department who shall be certified as fire inspectors by the New Jersey Department of Community Affairs in accordance with the provisions of N.J.A.C. 5:71-4.1 et seq.
[Amended 11-27-2000 by Ord. No. 44-2000]
[Amended 11-27-2000 by Ord. No. 44-2000]
Any person aggrieved by any ruling, action, order or notice of the Bureau of Fire Prevention made in enforcement of the Uniform Fire Code shall be entitled to an administrative hearing before the Morris County Construction Board of Appeals, in accordance with the provisions of the Uniform Fire Safety Act and the regulations adopted thereunder.
[Amended 11-27-2000 by Ord. No. 44-2000]
All life hazard uses, as defined in N.J.A.C. 5:70-2.4, shall be registered and inspected in accordance with the provisions of the Uniform Fire Code. The required fees shall be as set forth in N.J.A.C. 5:70-2.9.
[Amended 11-27-2000 by Ord. No. 44-2000]
Permits shall be required for all uses enumerated in N.J.A.C. 5:70-2.7. The permit application fees shall be as set forth in N.J.A.C. 5:70-2.8(c).
A. 
All commercial, industrial, educational, recreational and other nonresidential uses which are not within the definition of life hazard uses shall be annually inspected for compliance with the Uniform Fire Code.
B. 
An annual application for registration and inspection shall be submitted to the Fire Official by the owner of each non-life-hazard building or use. The necessary forms shall be provided by the Fire Official and shall require information substantially similar to that required for the registration of life hazard uses as set forth in N.J.A.C. 5:70-2.6.
[Amended 11-27-2000 by Ord. No. 44-2000]
C. 
The annual registration fee for non-life-hazard uses is as follows:
[Amended 3-9-1992 by Ord. No. 12-92; 2-8-2010 by Ord. No. 3-2010]
Square Footage
Fee
0 to 500
$50
500 to 1,000
$60
1,001 to 2,000
$70
2,001 to 3,000
$80
3,001 to 4,000
$90
4,001 to 5,000
$100
5,001 to 6,000
$110
6,001 to 7,000
$120
7,001 to 8,000
$130
8,001 to 9,000
$140
9,001 to 10,000
$150
10,001 to 11,000
$170
11,001 to 12,000
$190
12,001 to 13,000
$210
13,001 to 14,000
$230
14,001 to 15,000
$250
15,001 to 20,000
$280
20,001 to 25,000
$310
25,001 to 30,000
$340
30,001 to 35,000
$370
35,001 to 40,000
$400
40,001 to 45,000
$430
45,001 to 50,000
$460
50,001 to 55,000
$500
55,001 to 60,000
$540
60,001 to 65,000
$580
65,001 to 70,000
$620
70,001 to 75,000
$660
75,001 to 80,000
$700
80,001 to 85,000
$740
85,001 to 90,000
$780
90,001 to 95,000
$820
95,001 to 100,000
$860
Each 5,000 or part over 100,000
$50
D. 
If an owner of a non-life-hazard use has not complied with the requirements of this section, the Fire Official shall notify the owner in writing of said noncompliance, including an explanation of the manner in which there is noncompliance. The failure to comply within 30 days after receipt of said notice shall be a violation of this chapter.
[Amended 11-27-2000 by Ord. No. 44-2000]
The storage within the corporate limits of the Borough of Madison of the following hazardous materials, as defined by the BOCA Basic/National Fire Prevention Code/1984, adopted with modifications as the State Fire Prevention Code by N.J.A.C. 5:70-3.1, shall be prohibited:
A. 
Explosives and blasting agents as set forth in Section F-3001.0 of the BOCA Code.
B. 
Flammable liquids and outside aboveground tanks as defined in Section F-3801.0, Oxidizing Materials, of the BOCA Code.
C. 
New bulk plants for flammable or combustible liquids as defined in Section F-3201.0 of the BOCA Code.
D. 
Bulk storage of liquefied petroleum gas as defined in Section F-3601.0, Permit required, of the BOCA Code.
[Amended 4-13-1992 by Ord. No. 15-92; 2-8-2010 by Ord. No. 5-2010; 8-11-2025 by Ord. No. 35-2025]
A. 
Whenever any building or structure, other than a residence, shall be used as a place of assembly for any purpose by 50 persons or more, the owner or lessee of said building or structure or the person in charge of said assembly or function is hereby required to have a fireman or firemen assigned to duty in said building or structure while such assembly or function is being conducted. This provision shall not apply to the normal day-to-day activities conducted at churches, theaters and other buildings, such as but not limited to the YMCA and Community House, but shall apply to all special functions conducted at such churches, theaters and other buildings.
B. 
There shall be a fee of $85 per hour per fireman to the owner or lessee of said building or structure, or other persons in charge of said assembly or function, for the services of the firemen as required in this section. $75 of this charge is imposed for the purpose of reimbursing said fireman or firemen assigned to the duties required herein. $10 of this charge is imposed for the purpose of reimbursing the Borough for administrative charges connected with the services provided by the firemen.
[Added 5-11-1987 by Ord. No. 13-87; amended 3-9-1992 by Ord. No. 12-92; 11-27-2000 by Ord. No. 44-2000; 7-14-2003 by Ord. No. 26-2003]
A. 
For purposes of this section, the following terms shall have the meanings indicated:
DWELLING UNIT
Every structure or portion thereof used as a separate unit for residential purposes, including single-family, two-family and multifamily residences; apartments; each residential unit in rooming and boarding houses; and each suite or sleeping area in dormitories.
B. 
Compliance.
(1) 
No dwelling unit shall be sold, leased or otherwise made subject to a change of occupancy for residential purposes after the effective date of this section without having first met its requirements.
(2) 
It shall be unlawful for any owner to sell or lease a dwelling unit or a building containing a dwelling unit in the Borough of Madison, regardless of the date of construction, without having first procured a certificate from the office of the Fire Official or other responsible state agency indicating that the premises to be sold or leased comply with the provisions of this section.
C. 
Smoke detectors.
(1) 
Every dwelling unit shall have a minimum of one approved smoke detector installed and properly functioning on each story or level. An approved smoke detector shall be a photoelectric and/or ionization type, which has been approved by the Underwriter's Laboratory. The installation of smoke detectors, either battery-operated or hard-wired, shall be made in accordance with the regulations of the Bureau of Fire Prevention of the Madison Fire Department and the requirements of the manufacturer, both as to the number of detectors needed for the area to be protected and as to the method employed. All such equipment and installations shall comply with the regulations established under NFPA Standard No. 74 and the New Jersey State Uniform Construction Code.
(2) 
It shall be the responsibility of the owner to maintain every smoke detector in working order after a certificate has been issued by the Bureau of Fire Prevention of the Madison Fire Department.
D. 
Carbon monoxide detectors. Carbon monoxide alarms shall be installed in all dwelling units in buildings in Use Groups I-1, R-1, R-2, R-3, except for units in buildings that do not contain a fuel-burning device and have an attached garage, as follows:
(1) 
Single station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s).
(2) 
Carbon monoxide alarms may be battery-operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of this section and NFPA-720.
(3) 
As an alternative to the requirements of Subsection B(1) above, and with the approval of the Bureau of Housing Inspection, carbon monoxide detectors may be installed in any building required to be registered as a hotel or multiple dwelling in the locations specified in the Uniform Construction Code (N.J.A.C. 5:23-3.20).
(4) 
As an alternative to the requirements of Subsection B(1) above, and with the approval of the Bureau of Rooming and Boarding House Standards, carbon monoxide alarms may be installed in any rooming or boarding house in the locations specified in the Uniform Construction Code (N.J.A.C. 5:23-3.20).
(5) 
It shall be the responsibility of the owner to maintain every carbon monoxide detector in working order after a certificate has been issued by the Bureau of Fire Prevention of the Madison Fire Department.
E. 
Inspection fees. The fee for any inspection for a certificate of compliance with this section shall be $75. The fee for any reinspection for a certificate of compliance with this section shall be $40 until the property is in compliance with this section.
[Amended 2-8-2010 by Ord. No. 4-2010]
[Amended 8-14-2000 by Ord. No. 35-2000; 7-14-2003 by Ord. No. 26-2003; 5-8-2006 by Ord. No. 19-2006]
The penalties for violations of this chapter shall be as set forth in the Uniform Fire Code for all violations of the provisions of said code as enforced by this chapter. Any person, firm or corporation who shall violate any of the provisions of this chapter not covered by the Uniform Fire Code shall be subject to a fine punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.