[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 10-22-1985 by Ord. No. 757-85. Amendments noted where
applicable.]
[Amended 3-18-2014 by Ord. No. 1287-14]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-192 et seq.), the New Jersey
Uniform Fire Code shall be locally enforced in the Borough of Caldwell.
[Amended 4-27-1993 by Ord. No. 950-93; 3-18-2014 by Ord. No.
1287-14]
The local enforcement agency shall be the Caldwell Fire Prevention
Bureau;
[Amended 3-18-2014 by Ord. No. 1287-14; 4-18-2017 by Ord. No. 1329-17; 10-3-2017 by Ord. No. 1333-17]
A.
The local
enforcement agency shall enforce the Uniform Fire Safety Act and the
New Jersey Uniform Fire Code and all other codes and regulations adopted
under it in all buildings, structures and premises within the Borough
of Caldwell required to be registered within the Borough as a life
hazard use and shall further enforce the Uniform Fire Safety Act and
the New Jersey Uniform Fire Code and all other codes and regulations
adopted under it in all buildings, structures and premises within
the Borough of Caldwell required to be registered within the Borough
in accordance with this chapter as a non-life hazard use.
B.
In addition
to enforcement of the Uniform Fire Safety Act and the New Jersey Uniform
Fire Safety Code, the local enforcement agency shall enforce all other
regulations set forth in this chapter.
C.
The inspections
required to be performed under this chapter shall:
(1)
Be
the inspections required under the Uniform Fire Safety Act, the New
Jersey Fire Safety Code and all regulations promulgated under each.
(2)
An
inspection to confirm that explosive gas alarms are installed in a
manner and at a location in accordance with manufacturers guidelines
in all floors used for occupancy of all buildings within the Borough.
(3)
A periodic
inspection of Fire Code status of all properties other than single-
and two-family residences.
D.
No owner
of a building, structure, or dwelling shall sell, lease or otherwise
permit occupancy for any purposes of that building, structure, or
dwelling without first obtaining from the local enforcement agency
a certificate evidencing compliance with this chapter.
[Amended 4-18-2017 by Ord. No. 1329-17; 10-3-2017 by Ord. No. 1333-17]
The local enforcing agency established by § 109-2 of this chapter shall carry out the periodic inspections of life hazard uses required by the New Jersey Uniform Fire Code on behalf of the Commissioner of Community Affairs. The local enforcing agency shall additionally conduct periodic inspections of non-life hazard dwellings in accordance with the terms of this chapter.[1]
[1]
Editor's Note: Original Section 4, which immediately
followed this section, pertaining to periodic inspections for life
hazard uses, was deleted 4-27-1993 by Ord. No. 950-93.
[Amended 10-8-1991 by Ord. No. 917-91]
A.
The Fire Official shall be the person in charge of
the enforcement of this Act for the enforcing agency. The Fire Official
shall be appointed by the Mayor and Council. The Fire Official shall
be directly responsible to the Borough Administrator and Assistant
Administrator of the Borough of Caldwell, who shall report directly
to the governing body as the local enforcing agency.
[Amended 4-27-1993 by Ord. No. 950-93; 3-14-1995 by Ord. No.
985-95]
B.
The term of office of the Fire Official shall be one
year beginning January 1 of each year, and such official shall serve
until a successor is appointed.
Such inspectors and other personnel as may be
necessary in the enforcing agency shall be appointed by the Mayor
and Borough Council of the Borough of Caldwell upon the recommendations
of the Fire Official.
[Amended 4-27-1993 by Ord. No. 950-93]
The Fire Official and the inspectors and other
personnel of the enforcing agency, if any, shall be subject to removal
and suspension from office, as provided by the Statutes of the State
of New Jersey and the ordinances of the Borough of Caldwell.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act, (N.J.S.A. 52:27D-206 and 52:27D-208) any person aggrieved
by any order of the local enforcement agency shall have the right
to appeal to the Construction Board of Appeals designated by the Borough
of Caldwell pursuant to the New Jersey Uniform Construction Code Act.
[Amended 3-18-2014 by Ord. No. 1287-14; 4-18-2017 by Ord. No. 1329-17; 10-3-2017 by Ord. No. 1333-17]
The fees for the inspections and certificates required by this chapter shall be as set forth in the Borough Fee Schedule (Chapter A270).
[Amended 1-28-1992 by Ord. No. 922-92; 3-14-1995 by Ord. No.
984-95; 7-13-1999 by Ord. No. 1073-99; 10-3-2017 by Ord. No. 1333-17]
The local enforcing agency shall issue certificates
evidencing compliance with the terms of this chapter within three
business days of conducting an inspection pursuant to this chapter.
[Added 4-18-2017 by Ord.
No. 1329-17]
All building types or uses, except owner-occupied one- and two-family dwellings, not required to be registered as a life hazard use in accordance with the New Jersey Uniform Fire Code shall be registered with the Borough as a non-life hazard and shall pay the cost of such annual registration in accordance with the Borough Fee Schedule (Chapter A270).
[Added 4-18-2017 by Ord.
No. 1329-17]
A.
A false fire alarm is defined as any transmission that reports a
fire, either directly or indirectly, to the West Caldwell Police Department
Dispatch Center, the Caldwell Police Department or the Caldwell Fire
Department, not caused by a fire, smoke or other condition that would
require the dispatch of emergency personnel to the location from which
the transmission occurred despite that such emergency personnel were
not required.
[Added 4-18-2017 by Ord.
No. 1329-17]
When, in the opinion of the Fire Official and pursuant to the most current edition of the International Fire Code, New Jersey edition, fire watch of a property or an event within the Borough is required and carried out, the owner of such property shall pay the Fire Official or his or her designee who conducts the fire watch such fees as set forth in the Borough Fee Schedule (Chapter A270).
