[HISTORY: Adopted by the Township Committee
of the Township of Lebanon as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 22-1985 (Ch. XIII of the 1985 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 fire safety standards throughout the State
of New Jersey. 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 Lebanon, County of Hunterdon, to have the Uniform Fire Safety Act
enforced locally. The Lebanon Township Fire Department was asked to
administer and enforce the Uniform Fire Safety Code; and the Lebanon
Township Fire Department has not responded to the Township Committee,
as of June 18, 1985.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
[Amended by Ord. No. 1-1988]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced
by the Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau
of Fire Prevention which is hereby created in the Office of Code Enforcement.
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 Lebanon Township, 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 § 214-3 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended by Ord. No. 1-1988]
The local enforcing agency established by § 214-3 of this article shall be a part of Lebanon Township Code Enforcement Office and shall be under the direct supervision and control of the Fire Official.
[Amended 9-6-2023 by Ord. No. 2023-06]
A.
Appointment of Fire Official. The local enforcing
agency shall be under the direct supervision of the Fire Official.
B.
Term of office. The Fire Official shall serve at the pleasure of the Township Committee, subject to Subsection D below.
C.
Fire Inspectors and employees. Such Fire Inspectors
and other employees as may be necessary in the local enforcing agency
shall be appointed by Township Committee of the Township of Lebanon
upon the recommendation of the Fire Official.
D.
In the
absence of a Fire Official, the Fire Inspector will be the Acting
Fire Official, and if a vacancy of 45 days or more for the Fire Official
exists, the Township Committee shall appoint a new Fire Official.
E.
Removal from office. Fire Inspectors and other employees
of the enforcing agency shall be subject to removal by the Lebanon
Township Committee for inefficiency or misconduct. Each inspector
or employee to be so removed shall be afforded 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,[1] any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Hunterdon County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208, respectively.
[Amended by Ord. No. 1-1988[1]]
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the inspections and fees set forth in Chapter 205, Article II, Fee Schedule, shall be required. All commercial establishments which are not considered life hazard uses shall be inspected once a year.
[Amended by Ord. No. 1-1988[1]]
Technical amendments to the code must go beyond
the minimum established by the code. The specific paragraphs in the
code to be changed must be reproduced and the language to be changed
must be shown in brackets, and the correct language to be inserted
in the section must be clearly underlined.
A copy of this article shall be sent to the
State Bureau of Fire Safety.
[Adopted by Ord. No. 18-1991 (Sec. 9-4 of the 1985 Revised General Ordinances)]
A structure located in Lebanon Township used
or intended for use for residential purposes by not more than two
households shall have a smoke-sensitive alarm device on each level
of the structure and outside each separate sleeping area in the immediate
vicinity of the bedrooms and located near the ceiling in accordance
with the National Fire Protection Association Standard Number 74-1984
for the installation, maintenance, and use of household fire warning
equipment and Public Law 1991, Chapter 92.[1] The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this article. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. This article shall not be enforced except pursuant to §§ 214-16 and 214-17 of this article.
[1]
Editor's Note: See N.J.S.A. 52:27D-198.1 et
seq.
Each structure, other than a seasonal rental
unit, shall also be equipped with at least one portable fire extinguisher
in conformance with rules and regulations promulgated by the Commissioner
of Community Affairs pursuant to the Administrative Procedure Act,
P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
As used in this article, the following terms
shall have the meanings indicated:
An operable portable device, carried and operated by hand,
containing an extinguishing agent that can be expelled under pressure
for the purpose of suppressing or extinguishing fire, and which is:
A dwelling unit rented for a term of not more than 125 consecutive
days for residential purposes by a person having a permanent residence
elsewhere, but shall not include use or rental of living quarters
by migrant, temporary or seasonal workers in connection with any work
or place where work is being performed.
A.
In the case of occupancy of any building subject to the requirement of § 214-13 of this article, no owner shall sell, lease or otherwise permit occupancy for residential purpose of that building without first obtaining from the Fire Subcode Official a certificate evidencing compliance with the requirements of this article.
B.
The owner may submit to the Fire Subcode Official
a certificate of inspection by a certified fire official, or certified
fire prevention inspector, or a licensed fire subcode official or
licensed fire protection inspector for his approval.
An owner who sells, leases, rents or otherwise
permits to be occupied for residential purposes any premises subject
to the provisions of this article, when the premises does not comply
with the requirements of this article, shall be subject to a fine
of not more than $500 in the case of a violation for an alarm device,
or a fine of not more than $100 in the case of a violation for a portable
fire extinguisher, which may be collected and enforced by the local
enforcing agency by summary proceedings pursuant to the Penalty Enforcement
Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).
