[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
This chapter shall be known an may be cited as the “Fire Prevention
Code of the Borough of Lavallette.”
The 1981 BOCA Basic Fire Prevention Code is hereby adopted, together
with such revisions, amendments and supplements as may, from time to time,
be made thereto, for the purpose of establishing rules and regulations to
improve the safety of the public by promoting the control of fire hazards;
regulating the installation, the use and maintenance of equipment; regulating
the use and occupancy of structures, premises and open areas; providing for
the abatement of fire hazards; and establishing standards to achieve the aforesaid
objectives. For the purpose of this chapter, the aforesaid code shall be known
as the “Fire Prevention Code.” Not less than three copies have
been and are now filed in the office of the Clerk of the Borough of Lavallette,
and the same are hereby adopted and incorporated as if set forth at length
herein.
A.
This chapter shall be enforced by the Bureau of Fire
Prevention established hereunder, which shall be maintained and operated under
the supervision and control of the governing body of the Borough of Lavallette.
B.
The Bureau of Fire Prevention shall have five members,
to be designated as the Chief of the Bureau and four fire inspectors. The
membership shall be the Chief of the Fire Department; the Construction Official;
the Code Enforcement Officer and two members of the Fire Department to be
appointed for terms of one year by the Mayor in accordance with the provisions
of N.J.S.A. 40:87-16.
C.
The Chief of the Fire Bureau shall be elected by a majority
vote of its members; provided, however, that it shall be a person other than
the Chief of the Fire Department.
D.
The Bureau shall be charged with the duties of enforcing
this chapter and such other ordinances, rules and regulations of this municipality
as pertain to fire prevention, protection and control, including but not limited
to making inspections concerning fire safety; making investigations of fires
of suspicious origin in fires; coordinating fire safety activities of the
Lavallette Fire Department and the Borough Safety Officer; inspecting commercial
businesses, industrial plants and cellar occupancies for fires; establishing
and conducting programs for the promotion of fire safety and prevention; conducting
programs, training and practices for the promotion of fire safety and prevention;
maintaining an appropriate records system; and performing such other related
duties as may be established by Borough Council.
E.
The Chief of the Bureau of Fire Prevention shall issue
quarter-annual reports to the Mayor and Borough Council with respect to the
activities of the Bureau of Fire Prevention and shall, from time to time,
make recommendations for appropriate amendments to the ordinances and other
rules and regulations of the Borough of Lavallette relating to fire protection.
F.
Neither the Chief of the Bureau of Fire Prevention nor
any fire inspectors shall be dismissed, suspended or disciplined by the Borough
Council except for good cause shown, and then only upon a written complaint
setting forth the charge or charges against said official filed with the Mayor
and Council, a copy of which shall be served upon the official so charged,
with notice of a designated hearing thereon by the Mayor and Council, which
shall be not less than 15 nor more than 30 days from the date of the service
of the complaint, except that such official may receive a reasonable extension
for the date of hearing.
Whenever it is claimed that the provisions of the code have been misconstrued
or wrongly interpreted or whenever the applicant shall claim that the imposition
of any requirement would result in hardship to the applicant, the applicant
may appeal from the decision of the Bureau to a Board of Appeals, as set forth
under Section F-104.0 of the 1981 BOCA Basic Fire Prevention Code.
Any person, firm or corporation that shall be convicted of a violation
of a provision of this chapter shall, upon conviction whereof by any court
authorized by law to hear and determine the matter, be subject to a fine not
to exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both,
as such court in its discretion may impose. Each day that such violations
exists shall constitute a separate offense.
A.
Any remedy available pursuant to this chapter shall be
considered separate and not exclusive of any other remedy available hereunder.
B.
Nothing in this chapter shall be construed
to impair any cause of action, or legal remedy therefor, or of any person
for injury or damage arising from any violation of this chapter.
