[Adopted 2-14-1990 by Ord. No. 893 as Sec. 12-2 of the 1988 Code; amended in its entirety 11-24-2015 by Ord. No. 1648]
As used in this article, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
The officer in charge of the Bureau, appointed as provided in § 259-15C hereof.
CORPORATION COUNSEL
The Borough Attorney of the Borough.
FIRE PREVENTION CODE OF THE BOROUGH
The Fire Prevention Code of the Borough, adopted as set forth in § 259-14 hereof.
MUNICIPALITY
The Borough of Franklin Lakes.
NATIONAL FIRE PREVENTION CODE
That certain printed code recommended by the American Insurance Association prescribing regulations governing conditions hazardous to life and property from fire or explosion, being particularly the 1970 Edition thereof.
A. 
There is hereby adopted as the Fire Prevention Code of the Borough the National Fire Prevention Code defined in § 259-13 hereof, save and except such portions thereof as are hereinafter modified, amended or supplemented by this article.
B. 
The National Fire Prevention Code, except as modified, amended or supplemented by this article, is hereby incorporated in this article and made a part hereof as though it had been fully set forth at length. The provisions thereof shall be controlling within the limits of the Borough.
C. 
Three copies of the National Fire Prevention Code have been placed on file in accordance with law in the office of the Borough Clerk and in the office of the Fire Prevention Bureau, and shall remain on file in each of those offices for the use and examination of the public so long as this article shall remain in effect.
The Chairman of the Fire Committee, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the National Fire Prevention Code of the Borough. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
The Chief of the Fire Prevention Bureau shall have the power to modify any of the provisions of the Fire Prevention Code of the Borough upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
Whenever the Chief of the Fire Prevention Bureau shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Council within 30 days from the date of the disapproval, denial or refusal.
A. 
Neither this article nor the fire prevention standards of the Borough adopted herein shall be construed to permit or authorize the performance of any act or the use, operation or maintenance of any lands or premises or other structure, amusement or business:
(1) 
Otherwise prohibited by any law or municipal ordinance.
(2) 
Otherwise prohibited by any law or municipal ordinance in designated zone districts, locations or areas.
(3) 
Otherwise restricted by any law or municipal ordinance.
B. 
In any case where a provision of the fire prevention standards of the Borough or of this article is found to be in conflict with any provisions of the Code of the Borough, the provision which establishes the higher standard for the promotion and protection of the safety, life and property of the people shall prevail.
A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to the general penalty established in Chapter 1, General Provision, Article III, of this Code.
B. 
The imposition of a penalty for a violation of or noncompliance with any provision of this article shall not excuse the violation or noncompliance or permit it to continue, or be held to prevent the enforced removal of the prohibited condition. Such violation shall be remedied within a reasonable time.