[Adopted 8-13-1985 by Ord. No. G-250-85 (Ch. XIII, Sec. 13-16, of the 1971 Code); amended in its entirety 1-5-1999]
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
in the Township of Hillside.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
[Added 12-2-2013 by Ord.
No. O-13-017]
Wherever, within this chapter or the Township Code, the term
"Fire Official" is used, it shall include and be used interchangeably
with the term "Fire Marshal," provided that the Fire Official has
been appointed pursuant to N.J.A.C. 5:71-3.2.
[Amended 4-9-2002; 12-2-2013 by Ord. No. O-13-017]
The local enforcing agency shall be the Fire
Prevention Bureau, Fire Department of the Township of Hillside, which
shall be headed by a supervisor with a rank of no less than a Fire
Captain.
The local enforcing agency shall enforce the
Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all
buildings, structures and premises within the established boundaries
of the Township of Hillside, 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
The local enforcing agency established by § 157-2 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 the New Jersey Department of Community Affairs.
[Amended 4-9-2002; 12-2-2013 by Ord. No. O-13-017]
The local enforcing agency shall be under the
direction of a Fire Official, who shall be appointed pursuant to the
rules and regulations of the Uniform Fire Safety Act and New Jersey
Uniform Fire Code.
The Township Attorney of the Township of Hillside
shall be appointed legal counsel to the local enforcing agency.
Pursuant to Sections 15 and 16 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the Union County Construction
Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-207.
In addition to the registration and permit fees
required by the Uniform Fire Safety Act, the Fire Official, with the
approval of the Township Council of the Township of Hillside, hereby
establishes the following registration and permit fees:
A.
Local registration fees. The following buildings,
uses and premises contained in this section shall be subject to annual
registration fees and periodic inspections:
(1)
L-1.
(a)
All business uses of less than 5,000 square
feet.
(b)
Eating and cooking uses with a maximum permitted
occupancy of less than 50 persons.
(c)
All mercantile uses of less than 2,500 square
feet.
(d)
All factory uses of less than 2,500 square feet.
(e)
All storage uses of less than 2,500 square feet.
(2)
L-2.
(a)
All mixed use buildings less than 10,000 square
feet in total area notwithstanding the number of occupancies or uses
therein.
(b)
All business uses of 5,000 square feet but less
than 10,000 square feet.
(c)
All mercantile uses of 2,500 square feet but
less than 5,000 square feet.
(d)
All factory uses of 2,500 square feet but less
than 5,000 square feet.
(e)
All storage uses of 2,500 square feet but less
than 5,000 square feet.
(3)
L-3.
(a)
All mixed use buildings of 10,000 square feet
but less than 15,000 square feet in total area notwithstanding the
number of occupancies or uses therein.
(b)
All business uses of 10,000 square feet but
less than 15,000 square feet.
(c)
All mercantile uses of 5,000 square feet but
less than 12,000 square feet.
(d)
All factory uses of 5,000 square feet but less
than 12,000 square feet.
(e)
All storage uses of 5,000 square feet but less
than 12,000 square feet.
(4)
L-4.
(a)
All mixed use buildings of 15,000 square feet
or larger in total area notwithstanding the number of occupancies
or uses therein.
(b)
All business uses in areas of 15,000 square
feet or more.
(c)
All factory uses in areas of 12,000 square feet
or more.
(d)
All storage uses in areas of 12,000 square feet
or more.
(e)
Occupancies not otherwise classified that primarily
store materials outdoors in storage units or DOT containers.
(f)
All buildings and/or properties regardless of
total area utilized that store, handle, grind or manufacture wood
pallets as their primary use.
(5)
L-5. All multiple-family dwellings wherein there exists
no more than four individual apartments.
(6)
L-6. All multiple-family dwellings wherein there exists
at least five individual apartments but less than 10 individual apartments.
(7)
L-7. All multiple-family dwellings wherein there exists
10 or more individual apartments.
(8)
L-8. Smoke detector inspection for sale or refinance
of one- and two-family dwellings.
All Type L uses shall be inspected for compliance
with the provisions of the Uniform Fire Code periodically, but not
less than specified herein:
In addition to the permits required by the Uniform
Fire Safety Act, the following local fire safety permits are required
and the annual fee shall be paid as set forth below:
A.
Class 1 permits.
(1)
The storage or handling of Class 1 flammable liquids
in closed containers of aggregate amounts of more than one gallon
but less than 10 gallons within a building or more than one gallon
but less than 60 gallons outside a building.
(2)
The storage or handling of Class 11 or Class 111A
combustible liquids in closed containers of aggregate amounts of more
than five gallons but less than 25 gallons inside a building or more
than 10 gallons but less than 60 gallons outside a building.
(3)
The storage, handling or use of one to 10 thirty-three-pound
liquefied petroleum gas cylinders for use as a motor fuel.
(4)
The storage, handling or sale in any occupancy other
than residential of liquefied petroleum gas in cylinders of any size
having an aggregate capacity of less than 60 pounds when utilized
or offered as a fuel source for portable cooking, portable heating
or flame-producing devices.
(5)
The occasional use of any room in a multipurpose building
with a maximum permitted occupancy of less than 100 persons for amusement,
entertainment or mercantile purposes.
B.
Class 2 permits.
(1)
Mobile food vendors when flammable liquids or liquefied
petroleum gas are utilized for food preparation or warming.
(2)
The storage, handling or use of 11 to 20 thirty-three-pound
liquefied petroleum gas cylinders for use as a motor fuel.
(3)
The storage, handling or sale in any occupancy other
than residential of liquefied petroleum gas in cylinders of any size
having an aggregate capacity of 60 pounds or more but less than 150
pounds when utilized or offered as a fuel source for portable cooking,
portable heating or flame-producing devices.
(4)
The handling, storage, use or sale of cut evergreen
and/or pine-type Christmas trees, branches or bundles of pine or other
evergreen-type boughs and or grave covers, wreaths and similar decorations
made of pine or evergreen-type boughs or branches.
C.
Class 3 permits.
(1)
The storage or use at normal temperature and pressure
of less than 2,000 cubic feet of flammable compressed gas or less
than 6,000 cubic feet of nonflammable compressed gas.
(2)
The storage or use of 10 gallons or less of liquid
oxygen, flammable cryogenic liquid or cryogenic oxidizers, or the
storage of 500 gallons or less of nonflammable, nontoxic cryogenic
liquids.
(3)
The storage or handling of (except medicines, beverages,
foodstuffs, cosmetics and other common consumer items when packaged
according to commonly accepted practices):
(4)
The storage, handling or use of 21 or more thirty-three-pound
liquefied petroleum gas cylinders when used as a motor fuel.
(5)
The storage, use, handling or sale in any occupancy
other than residential of liquefied petroleum gas in cylinders of
any size having an aggregate capacity of 151 pounds or more when utilized
or offered as a fuel source for portable cooking, portable heating
or flame-producing devices.
D.
Pyrotechnic devices prohibited.
[Added 2-22-2005]
(1)
It shall be unlawful for any person to ignite, display,
possess or use in any manner whatsoever, within any commercial or
residential structure, any pyrotechnics, sparklers or smoke-producing
devices.
(2)
Exempted from the provisions of this subsection are
any testing or training exercises conducted by the Township of Hillside
Fire Department or any other recognized fire brigade sanctioned by
the Township Fire Department.
(3)
It shall be unlawful for any person to ignite and/or
display in any open air event, within the Township of Hillside any
pyrotechnics, sparklers or smoke-producing devices unless a Type 3
permit is issued by the Fire Prevention Bureau.
(4)
All applications for permits under this subsection
are to be issued upon approval of the Fire Prevention Officer and
only to properly state-licensed individuals.
(5)
Any permit issued pursuant to this subsection shall
be valid for a twenty-four-hour period but may be extended for good
reason by the Fire Prevention Official.
(6)
Any person violating this subsection shall be subject
to a penalty of $1,000 payable to the Uniform Fire Code Trust Account.
A.
Assessed fees shall be satisfied by the 30th day after
issuance by the local Fire Enforcement Officer.
[Amended 2-22-2005]
B.
When more than one registered use exists under one
ownership at a given location, the highest use shall be registered
at the full scheduled fee and subsequent uses at 1/2 the scheduled
fee.
C.
Unpaid fees outstanding after the 30th day shall result
in a penalty of an amount equal to double the applicable registration
fee, but not less than $200 or more than $1,000 for each registration
as established by the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2:12.
[Amended 2-22-2005]
(1)
Any monies recovered in the form of penalties shall
be paid into a dedicated trust account and shall be appropriated for
the enforcement of this chapter in accordance with the provisions
of N.J.A.C. 5:71-2.6.
(2)
The enforcing agency, in accordance with N.J.A.C.
5:70-2:12, may initiate said enforcement in the Hillside Municipal
Court pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-11.
D.
Buildings, uses and premises that are registered as
life hazard uses pursuant to the Uniform Fire Code shall be exempt
from local registration fees, but any registration or other fees provided
for under the Uniform Fire Code shall be paid pursuant thereto.
E.
Fire incident reports shall be made available to interested
parties after such parties make a request, in writing, to the Fire
Official for such reports. A service fee of $5 for the first page
and $1 per page thereafter shall be charged for each report.
F.
Registration fee schedule.
[Amended 4-5-2005]
(1)
(2)
Request received four to 10 business days prior to
change of occupancy: $70.
(3)
Request received fewer than four business days prior
to the change of occupancy: $125.
(4)
Requests for reinspections to be charged $10 per inspection
without regard to the number of inspections.
G.
Local permit fee schedule.
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Class 1 permits: $25.
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Class 2 permits: $50.
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Class 3 permits: $100.
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