[Adopted 11-19-1985 by Ord. No. 85-21]
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 Borough of East Rutherford.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 9-19-2000 by Ord. No. 00-12]
The local enforcing agency shall be the Bureau
of Fire Safety.
The local enforcement agency shall enforce the
Uniform Fire Safety Act and codes and regulations adopted under it
in all buildings, structures and premises within the established boundaries
of the Borough of East Rutherford other than owner-occupied and one-
and two-family dwellings and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Safety Code.
The local enforcing agency established by § 155-11 above shall carry out the periodic inspection of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 9-19-2000 by Ord. No. 00-12]
The local enforcing agency established by § 155-11 above shall be the Bureau of Fire Safety and shall be under the direct supervision and control of the Commissioner of the Fire Department.
A.
Appointment of Fire Official. The Fire Official shall
be appointed by the Mayor with the consent of the Council of the Borough
of East Rutherford. Preference shall be given to the members of the
East Rutherford Fire Department and New Jersey State Exempt Fire Fighters
who must be state certified as a fire official.
[Amended 9-19-2000 by Ord. No. 00-12]
B.
Appointments of inspectors and other employees. Inspectors
and other employees of the enforcing agency shall only be appointed
by the Mayor with consent of Council upon the recommendation of the
Fire Official.
C.
Term of office. The Fire Official shall serve for
the term of two years. Any vacancy shall be filled for the unexpired
term.
D.
Inspectors and employees. Such inspectors and other
employees as may be necessary for the Bureau of Fire Safety to carry
out its responsibilities shall be appointed by the Mayor with the
consent of the Council upon the recommendation of the Fire Official.
[Amended 9-19-2000 by Ord. No. 00-12]
E.
Removal from office. The Fire Official, inspectors
and any other employee of the Bureau shall be subject to removal by
the Mayor and Council for inefficiency and/or misconduct. The Fire
Official, inspectors or employees to be so removed shall be afforded
an opportunity to be heard by the Mayor and Council or a hearing officer
designated by the Mayor and Council.
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 Bergen County Construction
Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208, respectively.
In addition to the inspection fees required
pursuant to the act and regulations of the Department of Community
Affairs, there shall be additional inspections as required by the
Code of the Borough of East Rutherford, except where said provisions
are less stringent than the Act and the bills and regulations of the
Department of Community Affairs.
[Added 9-20-2022 by Ord. No. 2022-13]
A.
Registration.
Non-life-hazard uses shall be registered with the local enforcing
agency. Specifically, all non-life-hazard businesses and multiple-dwelling
residential buildings in the Borough of East Rutherford shall register
with the local enforcing agency on a form provided by the agency.
New businesses and multiple-dwelling residential buildings must be
registered within 30 days of occupancy. Failure to register will subject
the owner of the business or multiple-dwelling residential building
to a penalty of $250 issued by the Fire Official.
B.
Inspections.
Non-life-hazard uses shall be inspected through a cyclical program
established by the local enforcing agency which shall be done on an
annual basis.
C.
Registration
fees. The operator of a non-life-hazard business or multiple-dwelling
residential building shall pay to the East Rutherford Bureau of Fire
Prevention a registration fee. This fee shall be assessed upon inspection.
The fee shall be as follows (square footage is based upon gross floor
area of all floors, including basements):
(1)
As to business uses:
(a)
Occupancy under 2,000 square feet: $65.
(b)
Occupancy 2,001 to 3,999 square feet: $75.
(c)
Occupancy 4,000 to 5,999 square feet: $125.
(d)
Occupancy 6,000 to 7,999 square feet: $175.
(e)
Occupancy 8,000 to 9,999 square feet: $225.
(f)
Occupancy 10,000 to 11,999 square feet: $275.
(g)
Occupancy 12,000 to 13,999 square feet: $325.
(h)
Occupancy over 14,000 square feet: $375.
(i)
Retail or commercial common area: $175.
D.
Failure
to pay registration fees. It shall be unlawful to refuse to pay the
registration fee after being given notice to do so as per the fee
schedule established by this section. Any penalties assessed are in
addition to others previously assessed. Full payment shall be made
within 30 days of issuance of the notice by the Borough of East Rutherford
for payment of the registration fee. If payment is not received in
30 days, the matter will be referred to the Borough of East Rutherford
Attorney for summary collection pursuant to the Penalty Enforcement
Law (N.J.S.A. 2A:58-10 et seq.). A minimum $25 late penalty will be
assessed.
E.
This
section shall become effective as date of adoption.
[Amended 9-19-2000 by Ord. No. 00-12]
The permit fees shall be as specified under
the Uniform Fire Code.
Enforcement, violations and penalties shall
be in conformity with the rules and regulations of the Department
of Community Affairs.
