Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 50.
Uniform construction codes — See Ch. 170.
Property maintenance — See Ch. 295, Art. II.
[Adopted 12-2-1920 by Ord. No. 5 (Ch. 8, §§ 8-6 to 8-8 and 8-10, of the 1970 Code)]

§ 223-1 False fire alarm.

Any person who shall cause to be given any false alarm of fire in this Borough or who shall intermeddle with, injure or destroy any of the property appertaining to or belonging to said Fire Department or fire alarm system shall be punished as provided in § 223-4 of this article.

§ 223-2 Driving over or damaging hoses and apparatus.

Any person who shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or shall in any manner willfully damage, deface or injure any hose or other apparatus at any time shall be punished as provided in § 223-4 of this article.

§ 223-3 Interference with fire apparatus.

No person or persons shall interfere with, impede or delay any fire apparatus in the Borough of Oceanport in any manner or for any cause under their control. Any person or persons violating this section shall be punished as provided in § 223-4 of this article, upon complaint of the Chief, foreman of a company or driver of any apparatus.

§ 223-4 Violations and penalties.

[Amended 10-19-1972 by Ord. No. 324]
Any person or persons who shall violate any section of this article shall be liable, upon conviction, to a penalty as set forth in Chapter 1, § 1-15, General penalty.
[Adopted 7-18-1985 by Ord. No. 509 (Ch. 37 of the 1970 Code); amended in its entirety 2-1-1990 by Ord. No. 601]

§ 223-5 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code shall be fully enforced in the Borough of Oceanport.

§ 223-6 Designation of enforcement agency.

[Amended 9-19-2002 by Ord. No. 756]
The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Oceanport.

§ 223-7 Applicability.

The local enforcing 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 Oceanport, other than owner-occupied one- and two-family dwellings and buildings owned or operated by the federal or state government or interstate agencies, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 223-8 Inspection of life hazard uses.

The local enforcing agency established by § 223-6 of this article shall carry out the periodic inspections of the life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 223-9 Administration.

The local enforcing agency established by § 223-6 of this article shall be the Bureau of Fire Prevention of the Borough of Oceanport and shall be under the direct supervision and control of the Fire Official, who shall be the Fire Marshal and the Chief of the Fire Prevention Bureau. The Bureau Chief shall report to the Mayor and Council of the Borough of Oceanport.

§ 223-10 Fire Official; inspectors and other employees.

A. 
Appointment of Fire Official. The local enforcing agency shall be under the supervision of the Fire Official, who shall be appointed by the Mayor and Council of the Borough of Oceanport and shall be certified as a fire official by the State of New Jersey. In making this appointment, the appointing authority may make the appointment from recommendations provided by the Chief of the Fire Department.
[Amended 9-19-2002 by Ord. No. 756]
B. 
Term of office. The Fire Official shall serve for a term of two years, commencing on January 1 next succeeding the effective date of this article.
[Amended 9-19-2002 by Ord. No. 756]
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be State of New Jersey certified fire inspectors, appointed by the Mayor and Council upon the recommendation of the Fire Official.
D. 
Removal from office. The Fire Official and inspectors and other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or misconduct. The Fire Official and 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.

§ 223-11 Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 27D-208), any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Monmouth County.

§ 223-12 Additional registrations and fees.

In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional registrations and fees shall be required:
A. 
Mercantile businesses, repair shops, service businesses and business and professional offices and all other uses not otherwise provided in this section shall be inspected yearly, with a fee schedule of:
Size
(square feet)
Fee
First 1,000
$40
Each additional 1,000
$5
B. 
Factories shall be inspected yearly with a fee schedule of:
Size
(square feet)
Fee
First 1,000
$40
1,001 to 3,500
$50
3,501 to 6,000
$60
6,001 to 10,000
$70
In excess of 10,000
$80
C. 
Warehouses shall be inspected yearly with a fee schedule of:
Size
(square feet)
Fee
First 2,000
$40
2,001 to 5,000
$50
In excess of 5,000
$60
D. 
All other types of structures and facilities not otherwise described or included in this § 223-12 shall be inspected yearly with the same fee schedule as that pertaining to mercantile businesses.
E. 
Multifamily housing and dwellings with a fee schedule of:
(1) 
Each building: $40 annually.
(2) 
Each dwelling unit: $10 every five years.
(3) 
Common areas, utility areas: inspection annually.
(4) 
Church meeting halls: $25 annually.
F. 
All commercial enterprises named in § 223-12 of this article must register annually with the Bureau of Fire Prevention and shall pay all inspection fees not later than December 1 of each year. All new enterprises shall register within 60 days of commencement of business activity.
[Amended 9-19-2002 by Ord. No. 756]
G. 
Anyone who obstructs, hinders, delays or interferes by force or otherwise with the Fire Marshal or any member of the local enforcing agency in the exercise of any power or the discharge of any function or duty under the provisions of this article shall, upon conviction therefor, be subject to a fine not to exceed $2,500 per occurrence.
[Added 9-19-2002 by Ord. No. 756]
H. 
False statements. Anyone who prepares, utters or renders any false statement pertaining to reports, documents, plans or specifications permitted or required under the provisions of this article shall be subject to a penalty not to exceed $5,000 for each occurrence.
[Added 9-19-2002 by Ord. No. 756]

§ 223-13 Permit fees.

A. 
The permit fees established by the Uniform Fire Code shall be as follows:
Permit
Fee
Type 1
$25
Type 2
$100
Type 3
$200
Type 4
$300
Type 5
$1,000
B. 
An applicant who shall fail to obtain a required permit prior to commencing the operation, process or activity for which a permit was required shall be required to pay a permit fee of double the amount of the applicable permit fee.
[Added 9-19-2002 by Ord. No. 756]
C. 
Any person or entity who shall fail to obtain a required permit after being ordered to do so while continuing the operation, process or activity shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty, per day during which the operation, process or activity continues.
[Added 9-19-2002 by Ord. No. 756]

§ 223-14 Fire lane parking.

A. 
The Fire Official may require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus.
B. 
Designated fire lanes shall be maintained free from obstructions and vehicles and marked in a manner prescribed by the Fire Official in accordance with the New Jersey Department of Transportation regulations regarding highway signs and markings.
C. 
Violations of the fire lanes shall be punishable by a penalty as set forth in Chapter 1, § 1-15, General penalty.
[Amended 9-2-1999 by Ord. No. 721]
D. 
To the extent that the provisions of this section shall be inconsistent with the provisions of N.J.A.C. 5:70-3.2(a)F311 of the Uniform Fire Safety Code, the provisions of this section shall prevail.
[Amended 9-19-2002 by Ord. No. 756]

§ 223-15 Rapid-entry system in residences and businesses.

[Added 9-19-2002 by Ord. No. 756]
A. 
Required. The Bureau of Fire Prevention of the Borough of Oceanport shall require the owner(s) of all of the following types of new and existing building(s) or structure(s) to have installed on their building(s) or structure(s) a rapid-entry key box, to be located not less than six nor more than eight feet from grade above the main entrance on the hinge side of the entry door:
(1) 
All hotels, motels or multiple dwellings that:
(a) 
Have locked main entrances for security purposes at any time during the day or night; and
(b) 
Have common corridors to living units or spaces.
(2) 
Any sprinklered or interconnected alarmed residential or commercial building or structure.
(3) 
Any industrial, commercial, institutional, retail or similar business building or structure, including public and private schools, consisting of 12,000 square feet or more.
(4) 
Any public or private educational institution.
(5) 
Any other building or structure deemed necessary by the Fire Official.
B. 
Approval of system; owner to provide keys upon request. The type of rapid-entry key box system to be installed shall be approved by the Bureau of Fire Prevention prior to the purchase of the same. In addition to providing a rapid-entry key for the system installed to the Bureau of Fire Prevention, the Bureau may request and the owner of the building or structure concerned shall provide keys for the following areas within the building or structure:
(1) 
Boiler rooms;
(2) 
Sprinkler control valves;
(3) 
Electrical rooms;
(4) 
Elevators and elevator control rooms, and
(5) 
Such other room(s) or door(s) requested by the Bureau of Fire Prevention where entry may be required.
C. 
Key to self-contained living areas, units or rooms. Notwithstanding the provisions of any other section of this chapter, no official, employee or member of the Bureau of Fire Prevention or Fire Department shall request nor shall an owner be required to provide a key to any self-contained, individual living space area, unit or room.
D. 
When deemed necessary, the Fire Official may require the owner of a building structure to purchase and install locking Fire Department connection cap(s) with a type to be approved by the Bureau of Fire Prevention.
E. 
When deemed necessary, the Fire Official may require the owner of a building structure to purchase and install a keyed electric override switch with a type to be approved by the Bureau of Fire Prevention for the following:
(1) 
Exhaust fans for parking structure(s);
(2) 
Electric-operated doors for parking structure(s); and
(3) 
Electric-operated perimeter gates.

§ 223-16 Legal counsel.

The Borough Attorney is hereby designated as legal counsel to the Bureau of Fire Prevention in its capacity as the local enforcing agency under the provisions of this article.

§ 223-17 Provisions to remain in effect.

All provisions of the Borough of Oceanport Fire Prevention Ordinance being amended herein which are not modified by this article shall remain in full force and effect.