[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:
The officer in charge of the Bureau, appointed as provided
in § 259-15C hereof.
The Borough Attorney of the Borough.
The Fire Prevention Code of the Borough, adopted as set forth in § 259-14 hereof.
The Borough of Franklin Lakes.
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 limits referred to in Section 16.22a of the National Fire
Prevention Code, in which storage of flammable liquids in outside
aboveground tanks is prohibited, are hereby established as follows:
within the entire Borough.
The limits referred to in Section 16.61 of the National Fire
Prevention Code, in which new bulk plants for flammable liquids are
prohibited, are hereby established as follows: within the entire Borough.
The limits referred to in Section 21.6a of the National Fire
Prevention Code, in which bulk storage of liquefied petroleum gases
is restricted, are hereby established as follows: within the entire
Borough.
The limits referred to in Section 12.5b of the National Fire
Prevention Code, in which storage of explosives and blasting agents
is prohibited, are hereby established as follows: within the entire
Borough.
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:
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.
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.
