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CODE OF THE BOROUGH OF MENDHAM NEW JERSEY, Updated through 12-5-2011

PART II GENERAL LEGSLATION

Chapter 106. FIRE PREVENTION

[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 59 of the 1974 Code. Amended in its entirety (Ord. 08-04) 5-3-2004 as Ch 106 of the 2004 Code. Amendments noted where applicable.]

GENERAL REFERENCES

UNIFORM FIRE CODE

SECTION 1

Section106.1Local Enforcement. Pursuant to Section 11 of the Uniform Fire Safety Act (P/L 1983 c. 83), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-I et seq.) shall be locally enforced in the Borough of Mendham.

Section 106.2 Agency Designation. [Amended 7/19/04 by Ord. No. 14-04]

A. The local enforcing agency shall be the Mendham Borough Fire Department through its Bureau of Fire Prevention, which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.

B. The Bureau of Fire Prevention shall be composed of the Fire Official/Fire Marshal, inspectors and such other support personnel as necessary to enforce the Uniform Fire Code. The Fire Official/Fire Marshal shall be appointed by the Borough Council. The Fire Official/Fire Marshall may recommend to the Borough Council that the Borough Council employ technical investigators if the same be needed.

C. The Bureau of Fire Prevention shall submit a monthly report to the Borough Council.

Section 106.3 Duties.

A. The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Borough of Mendham other than one and two unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by Federal Government, Interstate Agencies or the State of New Jersey.

B. The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and Uniform Fire Code.

SECTION 2

Section 106.4 Organization. [Amended 7/19/04 by Ord. No. 14-04]

A. The Bureau of Fire Prevention established by 106-2 shall be under the direct supervision and control of the Fire Official/Fire Marshal who shall report to the Borough Administrator.

B. The Bureau of Fire Prevention shall have a paid fire official and as many paid inspectors as are necessary to properly enforce the Uniform Fire Code.

Section 106.5 Appointment, Qualifications, Term of Office, Removal.

A. Appointment and Qualifications of the Fire Official/Fire Marshal. The Fire Official/Fire Marshal shall be certified by the State and nominated annually by the Chief of the Fire Department and appointed by the governing body.

B. Appointment and Qualifications of Inspectors and Other Employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon recommendation of the Fire Official/Fire Marshal. All life hazard use inspectors shall be certified by the State of New Jersey.

C. Term of Office. The Fire Official shall serve for a term of one year commencing January 1. Any vacancy shall be filled for the unexpired term.

D. Removal from Office. The Fire Official, inspectors and other employees of the Bureau of Fire Prevention shall be subject to removal by the Borough Council for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a heading officer designated by the same.

Section 106.6 Life Hazard Uses. The Bureau of Fire Prevention established by 106-2 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the of the New Jersey Department of Community Affairs.

SECTION 3

Section 106.7 Non Life Hazard Uses. [Amended 7/19/04 by Ord. No. 14-04]

Non-Life Hazard Uses. In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below.

USE ANNUAL FEE
A. Assembly Use Group
A-1 Eating establishment under 50

$ 75.00

A-2 Take-out food service (no seating)

$ 75.00

A-3 Houses of worship not exclusively used for religious purposes

$ 75.00

A-4 Recreation centers, multipurpose, Etc.

(fewer than 50)

$ 75.00

A-5 Court rooms, library, fraternal organizations,

condominium centers (fewer than 50)

$ 75.00

A-6 Senior centers (fewer than 50)

$ 75.00

B. Business Use Group
B-1 Professional use one and two story

(less than 5,000 square feet)

$ 75.00

B-2 One and two story

(more than 5,000 square feet and

less than 12,000 square feet)

$ 75.00

B-3 One and two story (more

than 12,000 square feet)

$100.00

B-4 Three to five story

(less than 5,000 square feet)

$100.00

B-5 Three to five story

(less than 5,000 square feet and

less than 12,000 square feet)

$150.00

B-6 Three to five story (more Than 12,000 square feet)

$200.00

C. Retail/Mercantile Use Group
M-1 One and two story

(less than 5,000 square feet)

$125.00

M-2 One and two story

(more than 5,000 square feet and

less than 12,000 square feet)

$150.00

M-4 Three to five story

(less than 5,000 square feet)

$200.00

M-5 Three to five story

(more than 5,000 square feet and

less than 12,000 square feet)

$225.00

D. Manufacturing/Factory Group
F-1 One and two story

(less than 5,000 square feet)

$100.00

F-2 One and two story

(more than 5,000 square feet and

less than 12,000 square feet)

$125.00

F-4 Three to five story

(less than 5,000 square feet)

$175.00

F-5 Three to five story

(more than 5,000 square feet and

less than 12,000 square feet)

$200.00

S. Storage Use Group
S-1 One and two story

(less than 5,000 square feet)

$ 75.00

S-2 One and two story

(more than 5,000 square feet and

less than 12,000 square feet)

$125.00

S-4 Three to five story

(less than 5,000 square feet)

$175.00

S-5 Three to five story

(more than 5,000 square feet and

less than 12,000 square feet)

$200.00

R. Residential Use Group
R-1 1 to 2 units

See 106.7B

R-2 3 to 6 units

See 106.7G

R-3 7 to 12 units

See 106.7G

R-4 13 to 20 units

See 106.7G

R-5 Over 20 units

See 106.7G

U. Utilities Use Group
U-1 Under 2,500 square feet

$100.00

U-2 2,500 and over square feet

$125.00

E. Common Areas Use Group
E-1 One and two story

(less than 5,000 square feet)

$ 75.00

E-2 One and two story

(more than 5,000 square feet and

less than 12,000 square feet)

$100.00

E-3 One and two story (more

than 12,000 square feet)

$125.00

E-4 Three to five story

(less than 5,000 square feet)

$125.00

E-5 Three to five story

(less than 5,000 square feet and

less than 12,000 square feet)

$150.00

E-6 Three to five story

(more than 12,000 square feet)

$200.00

B. R-1 fees shall be as set forth in the Uniform Fire Code, N.J.A.C. 5:70-2.9(d).

C. Uses not classified above that are subject to the Uniform Fire Code shall be classified as business uses.

D. Uses required to register with the state as life-hazard uses shall not be required to register under this section.

E. In the discretion of the Fire Official/Fire Marshal vacant buildings, which create a fire hazard shall be charged and inspected according to the previous use of the building.

F. Borough-owned buildings, buildings owned and occupied by municipal fire companies and/or rescue squads, buildings owned and occupied by nonprofit religious organizations that are used solely for religious purposes and buildings owned and occupied by nonprofit organizations used solely for nonprofit purposes shall be exempt from inspection fees.

G. All residential uses except R-1 uses shall be inspected in the common areas only and the fees established for the Common Areas Use Group shall apply.

H. Certificate of Smoke Detector, Carbon Monoxide Alarm and Portable Fire Extinguisher Compliance:             Requests more than 10 Business Days prior to the change of occupancy - $50.00; 4 - 10 Business Days prior to the change of occupancy - $75.00 ; fewer than 4 Business Days prior to the change of occupnacy - $125.00.

I. Certificate of Fire Code Compliance - $35.00

SECTION 4

Section 106.8 Permits. [Amended 7/19/04 by Ord. No. 14-04]

The permit fees established by the Uniform Fire Code shall be as set forth in the Uniform Fire Code.

Section 106.9 Technical Amendments. (Reserved)

Section 106.10 Board of Appeals. Pursuant to Section 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Morris County.

SECTION 5

106.11 Enforcement, Violations and Penalties. [Amended 7/19/04 by Ord. No. 14-04] Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.

SECTION 6. [Amended 7/19/04 by Ord. No. 14-04]

All Ordinances of the Borough of Mendham, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency.

SECTION 7. [Amended 7/19/04 by Ord. No. 14-04]

If any section, subsection, sentence, clause of phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.

SECTION 8. [Amended 7/19/04 by Ord. No. 14-04]

This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law.

SECTION 9. [Amended 7/19/04 by Ord. No. 14-04]

This Ordinance may be renumbered for codification purposes.