[Adopted 3-2-1993]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be enforced locally
in the Borough of Sea Bright, County of Monmouth, State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The Office of the Sea Bright Fire Marshal shall
enforce this article. The local enforcing agency shall be the Bureau
of Fire Prevention for the Borough of Sea Bright which is hereby created.
The Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
The local enforcing agency shall enforce the
Uniform Fire Code in all buildings, structures and premises within
the established boundaries of the Borough of Sea Bright other than
one- and two-unit owner-occupied dwellings used exclusively for dwelling
purposes and buildings, structures and premises owned or operated
by the federal government, interstate agencies or the state.
The local enforcing agency shall faithfully
comply with all of the pertinent requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
The Uniform Fire Safety Act and the Uniform
Fire Code as adopted by the State of New Jersey are automatically
in effect in all municipalities and need not be specifically adopted
by the Borough of Sea Bright, County of Monmouth, New Jersey.
The Office of the Fire Marshal, established as the local enforcing agency under § 108-6 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 the New Jersey Department of Community Affairs.
A.
The Office of the Bureau of Fire Prevention, established as the local enforcing agency under § 108-6 of this article, shall be constructed as follows: The head of the Department shall be the Fire Marshal and there shall be an advisory body consisting of the following:
B.
The advisory body shall be a nonsupervisory body established
for the purpose of advising the Fire Marshal on various issues within
the Borough. The Fire Marshal will have the sole discretion for the
operation and maintenance of the Bureau of Fire Prevention within
the Borough of Sea Bright.
The duties of the Fire Marshal, who shall be
the head of the Bureau of Fire Prevention, shall be as follows:
A.
Designating regularly scheduled hours for routine
fire inspections.
B.
Convening and presiding over meetings of the Bureau
of Fire Prevention Advisory Committee.
C.
Promulgating and administering a budget for the Bureau
of Fire Prevention.
D.
Formulating and implementing a schedule of routine
inspections and reinspections as shall annually be required. Such
schedule shall be reported to the Bureau of Fire Prevention Advisory
Committee. The Fire Marshal shall report this schedule of routine
inspections to the Chairperson of the Fire Committee of the Borough
Council prior to the first meeting in January, after reorganization.
E.
Making special, particular or emergency inspections
upon request from the Mayor and Borough Council, the Chief of the
Fire Department, the Planning Board, the Construction Official or
other Bureau of Fire Prevention Advisory Committee members or other
Borough officers or bodies. Such inspections are to be made as promptly
as practicable after receipt of a request by the Fire Marshal and
in accordance with applicable Borough ordinances.
F.
Appointing such members of the Fire Department as
inspectors as shall from time to time be necessary. These Fire Department
appointees shall have full qualifications for Fire Inspectors consistent
with New Jersey state law.
G.
Maintaining accurate records of the inspection reports
and activities of the Bureau of Fire Prevention.
H.
Notifying the Chairperson of the Fire Committee of
any activity, conduct or circumstance which impedes, hinders or obstructs
the Fire Marshal or Bureau of Fire Prevention from performing their
duties. In the event of such notification, the Chief of the Fire Department
shall also be notified.
A written report of each required inspection
pursuant to this article shall be made by the Fire Marshal making
the inspection. All reports shall be filed in accordance with the
appropriate Borough ordinances, with the Borough official or agency
requesting or requiring the report and also the Chairperson of the
Committee for Fire for the Borough of Sea Bright. Said report is to
be made part of the Committee report by the Chairperson of the Fire
Committee of the Borough of Sea Bright. All reports shall be filed
no later than 10 days following the inspection.
A written report of the Bureau of Fire Prevention
shall be made annually by the Fire Marshal of the Bureau transmitted
to the Chairperson of the Fire Committee for the Borough of Sea Bright.
Such report shall contain all proceedings under the Uniform Fire Code
with such statistics as the Fire Marshal of the Bureau may wish to
include therein and any recommendation towards the furtherance of
fire prevention and inspection which the Fire Marshal shall, in his
opinion, deem desirable. This report is to be transmitted no later
than the first regular meeting in January in the next succeeding year
following the year in which the report is made.
A.
Appointment of Fire Official.
(1)
The local enforcing agency designated under § 108-6 as the Bureau of Fire Prevention, Office of Fire Marshal, shall be under the direct supervision of the Mayor and Council. The Fire Marshal shall be the Fire Subcode Official appointed pursuant to the State Uniform Construction Code Act (P.L. 1975, c. 217)[1] and shall be the Fire Official appointed pursuant to the
State Uniform Fire Safety Act (P.L. 1983, c. 383).[2] The Fire Marshal shall maintain the job qualifications
as presently required by the State of New Jersey for that position.
(2)
The Fire Marshal and other employees in the local
enforcing agency shall be required to obtain the required licenses
to enforce the Uniform Fire Safety Code from the New Jersey Department
of Community Affairs. The Borough of Sea Bright shall appoint such
employees to the local enforcing agency as may be necessary.
B.
Term of office. The Fire Marshal shall serve for a
term of one year. Any vacancies shall be filled for the unexpired
term. The Advisory Committee shall serve for a term of one year. Any
vacancies shall be filled for the unexpired term.
C.
Removal from office. The Fire Marshal in his or her
capacity under this article may be removed from office by a no-confidence
vote by the Borough Council. The no-confidence vote must be a full
majority of the voting Council.
A party that disputes the inspection of Bureau
of Fire Prevention of the Borough of Sea Bright shall have the right
to appeal. Any person aggrieved by any order of the office of the
Fire Marshal shall have the right to appeal to the Construction Board
of Appeals, County of Monmouth, State of New Jersey.
[Amended 12-15-1998 by Ord. No. 94-98]
Fees required pursuant to the Uniform Fire Safety
Act are on file in the office of the Construction Official, located
at Borough Hall.
