[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 8-1-1985 by Ord. No. 20-85. Amendments noted where
applicable.]
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 Hopatcong.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau
of Fire Prevention of the Borough of Hopatcong, which is hereby established.
The Bureau of Fire Prevention 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 Hopatcong, 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.
The Bureau of Fire Prevention, established by § 120-2 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 Community Affairs.
[Amended 4-7-1988 by Ord. No. 7-88]
A.
The Bureau of Fire Prevention, established by § 120-2, shall be under the direct supervision and control of the Chief of the Bureau of Fire Prevention, who shall also be known as the "Borough Fire Marshal" and shall also be known as the "Fire Official," who shall be appointed by the Mayor with the advice and consent of the Council and the recommendation of the Fire Department. The Chief of the Bureau of Fire Prevention shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
B.
The Bureau of Fire Prevention shall also have an Assistant
Chief who shall be appointed by the Mayor with the advice and consent
of the Council and the recommendation of the Chief of the Bureau of
Fire Prevention. The term of office of the Assistant Chief of the
Bureau of Fire Prevention shall run concurrently with that of the
Chief of the Bureau of Fire Prevention. Any vacancy shall be filled
for the unexpired term of the Chief of the Bureau of Fire Prevention.
[Amended 4-7-1988 by Ord. No. 7-88]
The Bureau of Fire Prevention shall be composed
of the Chief of the Bureau of Fire Prevention, the Assistant Chief
of the Bureau of Fire Prevention, the Chief of the Hopatcong Fire
Department, the First Assistant Chief and Second Assistant Chief,
the Engineer and Secretary of the Hopatcong Fire Department and the
Captain and Lieutenant of Fire Companies 2, 3 and 4 of the Hopatcong
Fire Department.
A.
Such inspectors and other employees as may be necessary
in the Bureau of Fire Prevention shall be appointed by the Mayor upon
the recommendation of the Chief of the Bureau of Fire Prevention.
B.
Inspectors shall be active members of the Hopatcong
Fire Department. Inspectors shall hold the rank of Senior Inspector,
Inspector or Assistant Inspector within the Bureau of Fire Prevention.
The Mayor shall appoint the rank upon recommendation of the Chief
of the Bureau of Fire Prevention.
C.
Inspectors and other employees of the Bureau of Fire
Prevention shall be subject to removal by the Chief of the Bureau
of Fire Prevention for inefficiency or misconduct. Each inspector
or employee to be so removed shall be afforded an opportunity to be
heard by the appointing authority or a designated hearing officer.
[Amended 7-2-1987 by Ord. No. 19-87; 4-7-1988 by Ord. No. 7-88]
A.
The Chief and the Assistant Chief of the Bureau of
Fire Prevention shall have been a member of a fire department or fire
departments for at least seven years prior to his appointment and
shall hold certification as a Fire Official and Fire Inspector as
required by N.J.A.C. 5:18A-44.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the Bureau of Fire
Prevention shall have the right to appeal to the Construction Board
of Appeals of Sussex County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208, respectively.
In addition to the inspection and fees required
pursuant to the Act and the regulations of the Department of Community
Affairs, the following additional inspections and fees shall be required:
A.
All structures and premises, except single-family
and two-family dwellings, otherwise not designated as life-hazard
uses: $25.
[Amended 3-4-1998 by Ord. No. 8-98]
[Amended 2-1-1990 by Ord. No. 3-90; 3-17-2004 by Ord. No. 10-2004; 11-4-2015 by Ord. No. 33-2015]
A.
Permits shall be required and obtained from the Bureau of Fire Prevention
for the activities specified in N.J.A.C. 5:70-2.7 of the New Jersey
Uniform Fire Code except where they are an integral part of a process
or activity by reason of which the use is required to be registered
and regulated as a life hazard use. Permits shall at all times be
kept in the premises designated therein and shall at all times be
subject to inspection by the Fire Official. Unless otherwise exempt,
permit fees must be collected prior to the issuance of any permit.
C.
Nonprofit corporations organized under Title 15A of the New Jersey
Statutes conducting Borough-sponsored events shall be exempt from
payment of the permit fee. This exemption shall only apply to permit
fees. Such nonprofit corporations shall not be exempt from any other
provisions of this chapter or the New Jersey Uniform Fire Code, including
registration, compliance, and penalties which may be assessed for
any violations.
[Amended 4-7-1988 by Ord. No. 7-88; 4-6-2005 by Ord. No. 6-2005]
A.
Location of fire lanes, drafting points, fire hydrants
and fire station. Such reports shall be made available to interested
parties after such parties make a request in writing to the Chief
of the Bureau of Fire Prevention. A service fee of $25 shall be charged
for each request.
[Amended 7-6-2011 by Ord. No. 18-2011]
A.
Permanent fire lanes.
(1)
The Chief of the Bureau of Fire Prevention of the Borough of Hopatcong,
upon approval of the Mayor and Council in the form of a resolution,
is authorized to establish fire lanes on property devoted to public
use or to which the public is invited, including, but not by way of
limitation, private lanes, private ponds, marinas, shopping centers,
bowling alleys, churches, swimming pools and similar uses. These fire
areas shall be established to ensure fire equipment and other emergency
vehicles unobstructed means of ingress and egress to such properties
and the building, persons and vehicles thereon, in case of fire or
other emergency.
(2)
The Chief of the Bureau of Fire Prevention of the Borough of Hopatcong
shall recommend the number, location, width, length and markings of
proposed fire lanes for approval of the Mayor and Council by an appropriate
resolution.
(3)
No persons shall park, stop or permit to stand any vehicle in whole
or in part within any fire lane established in accordance with this
chapter.
B.
Temporary fire lanes. Nothing above shall preclude the Fire Marshal,
Chief of Police or OEM Coordinator from establishing temporary "no
parking" areas as required without any prior notice to the public
for periods of less than 24 hours. Such locations shall be signed
appropriately for the situation:
|
"EMERGENCY – NO PARKING"; "NO PARKING ANY TIME"; NO STOPPING
OR STANDING" or "NO PARKING -- THIS SIDE." Each shall carry the same
penalties as outlined in fire lane violations herein.
|
C.
Penalties; towing. Any person violating this section shall, upon
conviction, be subject to a fine of not less than $50 nor more than
$500 and/or community service for up to 30 days. Each day that such
violation continues may be construed for purposes of this action as
a separate offense. In addition, in the event that any vehicle is
parked in violation of a posted fire lane, and, in the opinion of
the Police Department or Chief of the Bureau of Fire Prevention, the
vehicle would substantially impair the ability of emergency services
to respond in the event of an emergency, the vehicle may be towed
at the owner's expense.
