Township of Boonton, NJ Chapter 88 Fire Prevention

[HISTORY: Adopted by the Township Committee of the Township of Boonton 12-9-1985 by Ord. No. 338. Amendments noted where applicable.]

GENERAL REFERENCES

Fire Department — See Ch. 15.

Uniform construction codes — See Ch. 62.

Explosives — See Ch. 79.

Fees — See Ch. 82.

Hazardous materials — See Ch. 98.

§ 88-1 Local enforcement authorized.

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 Boonton.

[1] Editor's Note: See N.J.S.A. 52:27D-202.

§ 88-2 Designation of enforcing agency.

The local enforcing agency shall be the Bureau of Fire Prevention within and under the jurisdiction of the Boonton Township Fire Department.

§ 88-3 Powers and duties of enforcing agency.

[Amended 7-24-1995 by Ord. No. 527]

The local enforcing agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it and regulations prescribed by this chapter in all buildings, structures and premises within the established boundaries of the Township of Boonton, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act, the Uniform Fire Code and the regulations prescribed by this chapter.

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 88-3.1 Amendments to Uniform Fire Code.

[Added 7-24-1995 by Ord. No. 527; amended 10-11-1999 by L.L. No. 604]

The Uniform Fire Code adopted under N.J.A.C. 5:70-1.1 et seq. is hereby supplemented by the following provisions:

A. Except for detached one- and two-family residential structures of the R-3 Use Classification:

(1) No cooking equipment, including but not limited to barbecue grills, charcoal grills, hibachi grills, propane- and other gas-fueled grills, shall be stored or used on any porch, balcony, deck or other similar portion of a building or under any building overhang.

[Amended 5-21-2001 by Ord. No. 639]

(2) No outdoor cooking equipment, including those specifically listed above, shall be used within any room or space of a building, within five feet of any combustible exterior wall or within five feet vertically or horizontally of an opening in any wall.

(3) There shall be no storage of propane or any other fuel on any porch, balcony, deck or other similar portion of a building, within any room or space of a building, within five feet of any combustible exterior wall or within five feet vertically or horizontally of an opening in any wall.

B. Penalty for violations. The enforcement procedures and penalty provisions set forth in the Uniform Fire Code, including N.J.A.C. 5:70-2.10 through 5:70-2.13, shall apply to any person, firm or corporation violating any of the provisions of the code or failing to comply with any order issued pursuant to any section thereof.

§ 88-4 Inspection of life hazard uses.

The local enforcing agency established by § 88-2 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 Department of Community Affairs of New Jersey.

§ 88-5 Organization of enforcing agency.

[Amended 10-11-1999 by Ord. No. 604; 3-27-2006 by Ord. No. 719]

The local enforcing agency shall be the Bureau of Fire Prevention within and under the jurisdiction of the Township of Boonton which shall be under the direct supervision and control of the Fire Official who shall report to the Township Administrator.

§ 88-6 Fire Official; appointments; terms; removal.

A. The local enforcing agency shall be under the direct supervision of the Fire Official of the Bureau of Fire Prevention within the Boonton Township Fire Department. The Fire Official shall be appointed by the Township Committee upon the recommendation of the Board of Chiefs of the Boonton Township Fire Department. The Fire Official shall serve for a term of one year.

B. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Township Committee upon the recommendation of the Board of Chiefs of the Boonton Township Fire Department.

C. The Fire Official, inspectors and other employees of the local enforcing agency shall be subject to removal by the Township Committee, who shall first solicit the recommendation of the Board of Chiefs of the Boonton Township Fire Department. Upon request, said employee shall be entitled to a hearing before the Board of Chiefs prior to removal. After considering the recommendation of the Board of Chiefs, if any, the Township Committee may remove the affected employee.

§ 88-7 Reports.

[Amended 3-27-2006 by Ord. No. 719]

The local enforcing agency, in addition to any other reporting requirements delegated to it under the code, shall submit monthly reports, no later than the 10th day of each month, to the Township Administrator. The reports shall include, but not be limited to, a summary of inspections performed, permits issued, fees received, correspondence, notices and orders relevant to all proceedings under the code and such other information as may be required by the Township Administrator or Township Committee.

§ 88-8 Board of Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire 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 Morris.

[1] Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 88-9 Additional inspections; fees.

A. In addition to the inspections required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections shall be required:

(1) All structures or parts thereof, except one- and two-family dwellings and dwelling units in multiple-family units (R-3), shall be inspected annually. These structures shall include the following, as defined in the BOCA Basic National Building Code (1994), as incorporated by reference in N.J.A.C. 5:23-1.1 et seq., the Uniform Construction Code:

[Amended 10-11-1999 by Ord. No. 604]

(a) Use Group A: assembly (see Section 302.0).

(b) Use Group B: business (see Section 303.0).

(c) Use Group F: factory and industrial (see Section 305.0).

(d) Use Group H: high hazard (see Section 306.0).

(e) Use Group I: institutional (see Section 307.0).

(f) Use Group M: mercantile (see Section 308.0).

(g) Use Group R: residential (see Section 309.0).

(h) Use Group S: storage (see Section 310.0).

(i) Use Group U: utility and miscellaneous (see Section 311.0).

B. In addition to the fees required pursuant to the Act and the regulations of the Department of Community Affairs, an annual registration fee as set forth in Chapter 82, Fees, shall apply to all structures listed in Subsection A(1)(a) through (i). Said fee shall be paid to the Bureau of Fire Prevention within 15 days of each inspection.

[Amended 5-8-1989 by Ord. No. 405]

§ 88-10 Permit fees.

[Amended 5-8-1989 by Ord. No. 405]

The permit fees established by the Uniform Fire Code shall be incorporated and adopted herein in their entirety and shall be as set forth in Chapter 82, Fees. No permits shall be charged to the municipality, including but not limited to the Township of Boonton, the Boonton Township Board of Education and the Boonton Township Fire Department. No permit fees shall be charged to Morris County, including but not limited to County park buildings.

§ 88-11 Legal counsel.

The Township of Boonton specifically appoints and designates the Township Attorney to assist the local enforcing agency to enforce the code. The Township Attorney shall advise the agency and undertake such actions at law as shall be necessary to gain compliance with the code.