[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-23-1980 as Sec.
11-4 of the 1980 Code]
The limits in which storage of flammable liquids in outside, aboveground
tanks is prohibited are hereby established as follows:
The storage of Class I flammable liquids in aboveground tanks outside
of buildings is prohibited within the limits of the Borough, except that existing
storage facilities of such liquids in aboveground tanks outside of buildings
may continue in operation but may not be expanded without the prior written
approval of the Borough Council, upon the recommendation of the Chief of the
Bureau of Fire Prevention, and only after it finds as a fact that such expansion
shall not be in derogation of the spirit of the fire prevention code and that
the public safety is secured.
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The limits in which construction of any bulk plants for flammable liquids
is prohibited are hereby established as the entire limits of the Borough.
The limits in which bulk storage of liquefied petroleum is restricted
are hereby established as the entire limits of the Borough.
A.
Any person who shall violate or fail to comply with any
of the provisions of this article, or who shall fail to comply with any order
issued thereunder, or who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who shall fail to
comply with such an order as affirmed or modified by the Bureau of Fire Prevention
or by a court of competent jurisdiction, within the time fixed herein, shall
severally, for each and every such violation and noncompliance, respectively,
upon conviction thereof before the Municipal Judge authorized to hear and
determine the matter, be subject to a fine not exceeding $200 or imprisonment
in the county jail for a term not exceeding 90 days, or both, in the discretion
of the Judge.
B.
In default of any fine imposed hereunder, any person
convicted hereunder may, in the discretion of the Judge, be imprisoned in
the county jail for a term not exceeding 90 days. The imposition of one penalty
for any violation shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
or defects within a reasonable time. When not otherwise specified, each 10
days that prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Adopted by Ord. No. 8-85]
[Amended 2-23-2004 by Ord. No. 01-04]
Pursuant to N.J.S.A. 52:27D-202, Section 11, of the Uniform Fire Safety
Act, L.1983, c. 383, the Uniform Fire Code shall be locally enforced in the
Borough of Mountain Lakes.
[Amended 2-23-2004 by Ord. No. 01-04]
The local enforcing agency shall be the Bureau of Fire Prevention in
the Office of the Borough Manager.
[Amended 2-23-2004 by Ord. No. 01-04]
The local enforcing agency established by § 120-6 shall be under the direct supervision and control of the Fire Official.
[Amended 2-23-2004 by Ord. No. 01-04]
A.
Fire Official. The Fire Official shall be appointed by
the Borough Manager.
B.
Term of office. The Fire Official term shall be for three
years.
C.
Inspectors and employees. Such inspectors and other employees
as may be necessary in the local enforcing agency shall be appointed by the
Fire Official.
D.
Removal from office. The Fire Official, inspectors and
other employees of the local enforcing agency shall be subject to removal
by the Borough Manager for inefficiency or misconduct. Each inspector or employee
to be so removed shall be afforded the rights and privileges according to
the Borough Polices and Procedures Manual.
[Amended 2-23-2004 by Ord. No. 01-04]
A.
Enforcement of code. The local enforcement agency shall
enforce the Uniform Fire Safety Act and the codes and regulations adopted
under it in all buildings, structures and premises within the established
boundaries of the Borough of Mountain Lakes, 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.
B.
Life hazard uses. The local enforcing agency shall carry
out the annual inspections of life hazard uses required by the Uniform Fire
Code on behalf of the Commissioner of Community Affairs.
C.
Non-life hazard uses. The local enforcing agency shall provide
for the registration and the periodic inspections of non-life hazard uses
subject to the Uniform Fire Code.
Pursuant to N.J.S.A. 52:27D-206 and 208 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency shall have
the right to appeal to the Construction Board of Appeals of Morris County.
[Amended 2-23-2004 by Ord. No. 01-04]
In addition to the inspections and fees required pursuant to the Uniform
Fire Safety Act and the regulations of the Department of Community Affairs,
additional inspections and fees may be established by ordinance from time
to time.
[Amended 2-23-2004 by Ord. No. 01-04]
The permit fees established by the Uniform Fire Code shall be as set
forth in § 111-3K of this Code.
The following amendments to the Uniform Fire Safety Code are hereby
made:
A.
Code Section F2803.3. Fuel oil tanks for supplying oil
burner or heating equipment may not be located inside a dwelling. All fuel
oil supply tanks with the capacity of more than 25 gallons must be located
underground at a minimum of five feet from any wall, foundation of property
line.
B.
Code Section F3000.1. The bulk storage of liquefied petroleum
gas in excess of 250 gallons of water capacity is prohibited within the limits
of the Borough of Mountain Lakes.