[Adopted 3-15-2000 by Ord. No. 1/00[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, General Provisions, adopted 1-21-1948 by Ord. No. 698, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act[1] (P.L. 1983, c. 383) N.J.S.A. 52:27D-192 et seq. and the Uniform Fire Code, N.J.A.C. 5:70-1 et seq., shall be locally enforced in the Town of West New York.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 1-16-2008 by Ord. No. 19/07; 10-11-2023 by Ord. No. 16/23]
The local enforcing agency shall be the Fire Prevention Bureau of the Town of West New York and the Department of Public Safety.
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 the town, 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.
[Amended 10-11-2023 by Ord. No. 16/23]
The local enforcing agency established by § 198-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Public Safety.
[Amended 1-16-2008 by Ord. No. 19/07; 10-11-2023 by Ord. No. 16/23]
The head of the Fire Prevention Bureau shall be the Fire Official. The Fire Official shall serve as the chief administrator of the Fire Prevention Bureau and shall report to the Director of Public Safety.
[Amended 1-16-2008 by Ord. No. 19/07; 10-11-2023 by Ord. No. 16/23]
A. 
Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of the Fire Official who shall be appointed pursuant to the Uniform Fire Safety Act. The Fire Official shall be the Chief of Operations of the Fire Prevention Bureau.
B. 
Term of office. The Fire Official shall serve for a term of one year.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Commissioner of the Department of Public Safety upon the recommendation of the Fire Official.
D. 
Removal from office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Commissioner of the Department of Public Safety. 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 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 the County of Hudson.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
A. 
In addition to the inspections and fees required pursuant to the Act and regulations of the Department of Public Safety, and except for uses required to register with the state, the following inspections and fees shall be required for each building and each use within each building if multi-use facilities:
[Amended 6-17-2009 by Ord. No. 13/09; 10-11-2023 by Ord. No. 16/23]
Use Group
Annual Fee
Business Use Group
B-1
Up to 2,499 square feet
$50
B-2
2,500 to 4,999 square feet
$75
B-3
5,000 to 9,999 square feet
$150
B-4
10,000 square feet and over
$200
Factory Use Group
F-1
Up to 4,999 square feet
$150
F-2
4,999 square feet and over
$200
Mercantile Use Group
M-1
Up to 2,499 square feet
$100
M-2
2,500 to 4,000 square feet
$200
M-3
4,001 to 6,000 square feet
$300
M-4
6,001 to 8,000 square feet
$400
M-5
8,001 to 10,000 square feet
$500
M-6
10,001 to 11,999 square feet
$600
Residential Use Group
MD-1
Non-owner-occupied 2 unit
$50
MD-2
3 to 6 units
$75
MD-3
7 to 12 units
$100
MD-4
13 to 20 units
$200
MD-5
21 to 30 units
$300
MD-6
31 to 75 units
$400
MD-7
76 to 100 units
$500
MD-8
101 to 200 units
$700
MD-9
201 to 300 units
$900
MD-10
301 units and above
$1,100
Storage Use Group
S-1
Up to 2,499 square feet
$100
S-2
2,500 to 5,999 square feet
$200
S-3
6,000 to 11,999 square feet
$300
B. 
R uses shall only by inspected upon sale, complaint or change of tenant.
C. 
Uses not classified above will be classified as Business Uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
All residential uses shall be inspected in the common areas only.
F. 
Vacant buildings. Buildings or tenant areas that are not occupied shall pay a rate of 50% of the normal fee for the use group the area was previously used for by the last occupant.
G. 
All use groups not paying required fees within 60 days of notification will be required to pay an additional fifty-dollar late fee or double.
H. 
Buildings owned by the Board of Education and operated solely for Board of Education services, municipal libraries and buildings owned by the town are exempt from the fees imposed by this subsection.
I. 
Owners of real estate, the use of which requires fees to be paid for inspections, shall be responsible for the payment of those fees. Inspections shall be conducted annually or more frequently if so determined by the Bureau of Fire Prevention.
[Amended 7-15-2009 by Ord. No. 17/09]
A. 
Application fees for permits shall be as set forth in N.J.A.C. 5:70-2.9(c) for Types 1, 2, 3 and 4.
B. 
Fees for single-event individual permits shall be paid at the time of application. All other permit fees are annual permit fees and are to be paid on July 1 of each year for the calendar year for which the same is paid or payable.
C. 
Certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC).
[Amended 9-19-2018 by Ord. No. 15/18]
(1) 
The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be $150.
(2) 
A property owner is required to obtain a new CSDCMAC each time a change of occupancy occurs, whether by sale, lease or change in tenant.
The Fire Official shall assess penalties and utilize other enforcing actions as set forth in N.J.A.C. 5:70-1 et seq.