[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.
[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).
[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.
The outside burning of wrecked or discarded
automobiles, or parts thereof, or junk or any waste material is prohibited.
[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.