City of Somers Point, NJ FIRE PREVENTION

[Adopted 12-13-2001 by Ord. No. 15-2001 Editor's Note: This ordinance superseded the provisions of former Art. I, Uniform Fire Safety Act Enforcement, adopted 4-8-1993 by Ord. No. 9-1993. ]

§ 141-1 Purpose.

Pursuant to N.J.S.A. 52:27D-202, and N.J.A.C. 5:70-1.1 et seq., the Uniform Fire Code and the code regulations shall be locally enforced in the City of Somers Point.

The term "Act," "Code," "Fire Company," "Fire Department," "Fire Inspector," "Fire Official," "Fire Subcode Official," "Local Enforcing Agency," and "life hazard use" shall be defined in accordance with the definitions as set forth in N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code, which definitions are incorporated herein by reference.

§ 141-3 Local enforcing agency.

The local enforcing agency shall be the Fire Prevention Bureau of the Somers Point Fire Department. Pursuant to N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code, the Fire Prevention Bureau shall be subject to and shall take direction from the governing body of the City of Somers Point, or its designee, and with the recommendation of the Fire Chief of the City of Somers Point Fire Department.

§ 141-4 Duties of local enforcing agency.

The Fire Prevention Bureau shall enforce the provisions of the Act and the code regulations in all buildings, structures, and premises, within the established boundaries of the City of Somers Point, except those structures which are specifically exempted from the provisions of the Act/code or those buildings, structures, or premises which have been granted a variance from the regulations pursuant to N.J.S.A. 52:27D-200, and all such buildings, structures, and premises shall faithfully comply with the requirements of the Uniform Fire Safety Act and the code regulations.

§ 141-5 Members of Fire Prevention Bureau.

The Fire Prevention Bureau shall consist of the following:

A. A fire official, who shall serve as the Chief Administrator of the Fire Prevention Bureau. The fire official shall be appointed by the governing body of the City of Somers Point, or its designee, and with the recommendation of the Fire Chief of the City of Somers Point Fire Department and shall serve for a term of one year next following his/her appointment and approval. Any vacancy shall be filled by the governing body of the City of Somers Point, or its designee, and with the recommendation of the Fire Chief of the City of Somers Point Fire Department for the unexpired term.

B. A Fire Inspector, or fire inspectors, in such number as the governing body of the City of Somers Point may from time to time determine is necessary to enforce the requirements of the Act, who shall work under the direction and control of the fire official. The Fire Inspector, or inspectors, shall be appointed by the governing body of the City of Somers Point, or its designee, and with the recommendation of the Fire Chief of the City of Somers Point Fire Department and shall serve for such term as may be set by the governing body of the City of Somers Point.

§ 141-6 Duties and responsibilities of fire prevention personnel.

A. The Fire Official shall serve as the Chief Administrator of the Fire Prevention Bureau (the agency). He shall establish the day-to-day operating routines of the agency and shall direct, control and coordinate the activities of any Fire Inspector, fire inspectors, or other staff. The Fire Official shall also be responsible for carrying out the enumerated tasks set forth in N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

B. The Fire Inspector, or inspectors, shall enforce the code regulations under the control, direction and coordination of the Fire Official and shall also carry out the enumerated tasks set forth in N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

§ 141-7 Qualifications of personnel.

No person shall be appointed or shall undertake the duties as Fire Official, Fire Inspector or otherwise act as a fire inspector unless such person shall have fulfilled the requirements for certification and recertification established by N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

§ 141-8 Removal of members of Fire Prevention Bureau.

The Fire Official, Fire Inspector or inspectors of the Fire Prevention Bureau shall be subject to removal by the governing body of the City of Somers Point, or its designee, and with the recommendation of the Fire Chief of the City of Somers Point Fire Department for reasons of inefficiency or misconduct, but only after having first been provided with written notice of the specific charges and then having the opportunity for a hearing which is to be held in accordance with the City of Somers Point personnel rules.

§ 141-9 Inspection of life hazard uses.

The Fire Prevention Bureau shall be responsible for conducting periodic inspections of life hazard uses as required by the Code. No person shall undertake such inspections unless said person shall satisfy the requirements for certification and recertification pursuant to N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

§ 141-10 Conflicts of interest.

All persons employed by the Fire Prevention Bureau shall take all steps necessary to avoid conflicts of interest and shall abide by the provisions regarding conflicts of interest as are set forth in N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

§ 141-11 Inspection and registration fees.

[Amended 8-27-2009 by Ord. No. 15-2009]

In addition to the inspections and fees required pursuant to the Act and the code, the following additional inspection and registration fees shall be required:

A. Permit fees.

	Permit	Fee
	Type 1	$42
	Type 2	$166
	Type 3	$331
	Type 4	$497
	Type 5 (Reserved)

B. Registration fees. All other commercial establishments: $50.

§ 141-12 Appeal rights to Construction Board of Appeals.

Pursuant to N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-208, any person aggrieved by any order of the Fire Prevention Bureau shall have the right to appeal to the Construction Board of Appeals for Atlantic County.

§ 141-13 Fines and penalties for violation.

Any person violating any of the provisions of the Act or the code as adopted by this article shall be subject to the fines and penalties as set forth in N.J.S.A. 52:27D-210.

§ 141-14 When effective; registry of Fire Prevention Bureau.

The Fire Prevention Bureau of Somers Point shall be legally constituted upon the final adoption of this article. A copy of this article shall be filed with the Bureau of Fire Safety of the Department of Community Affairs within two weeks following final adoption pursuant to N.J.A.C. 5:70-1.1 et seq., Uniform Fire Code.

§ 141-15 Certificate of smoke detector, carbon monoxide and portable fire extinguisher compliance.

[Added 8-27-2009 by Ord. No. 15-2009]

A. Before any Use Group R-3, R-4 or multiple-dwellings (four or less units) structure is sold, leased or otherwise made subject to change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector, carbon monoxide and portable fire extinguisher (CSDCMAC) evidencing compliance with N.J.A.C. 5:70-4.19 and N.J.A.C. 5:70-2.3, from the Somers Point Bureau of Fire Prevention and Inspections. The (CSDCMAC) shall be valid for 30 days from date of inspection.

B. In all use groups listed subject to the requirements of the New Jersey Fire Code, smoke detectors, carbon monoxide detectors and portable fire extinguishers shall be installed as follows:

(1) Smoke detectors on each level of the premises, including basements. Smoke detectors must be outside of sleeping area and within 10 feet of all bedrooms.

(2) Carbon monoxide detectors must be outside of sleeping area and within 10 feet of all bedrooms.

(3) Fire extinguisher must be no smaller than 2A:10-BC in size mounted within 10 feet of the kitchen in plain view.

(4) Multiple dwellings (four or less units): Each living area shall be inspected as a separate dwelling and shall be billed separately.

(5) Upon change of a new tenant, a new inspection, fee and certificate shall be required.

C. Fees. The application fee for a certificate of smoke detector and carbon monoxide alarm compliance and fire extinguisher, as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected, as follows:

(1) Requests for a CSDCMAC received more than 10 business days prior to the change of occupant: $35.

(2) Requests for a CSDCMAC received four to 10 business days prior to the change of occupant: $70.

(3) Requests for a CSDCMAC received fewer than four business days prior to the change of occupant: $125.

(4) For alarms that are not working or not installed properly, including portable fire extinguisher, upon initial inspection, a fee of $35 shall be charged for a reinspection. All fees shall be paid prior to reinspection.

D. Responsibility for maintenance. It shall be the responsibility of the homeowner to maintain, in operable condition, said smoke detection systems and carbon monoxide detectors.

Article II: Fire Lanes

[Adopted 12-21-2009 by Ord. No. 25-2009]

§ 141-16 Unlawful parking in fire zone.

It shall be a violation of this code for any person, at any time, to park a motor vehicle, locate a garbage dumpster or in any manner obstruct a fire zone or a fire lane whether or not the motor vehicle is occupied or the motor is running. If at any time due to weather conditions, vandalism or any extenuating circumstances, one of the fire-zone or fire-lane signs or markings is not visible, the remaining markings or signs visible shall be deemed sufficient to provide notice of the existence of such fire zone or fire lane for the purpose of enforcement of this chapter.

§ 141-17 Pavement markings and signage.

Approved pavement markings, signs or both shall be at the Fire Official's discretion. The property owner shall be notified in writing from the Fire Official with instructions as to what is required.

A. Markings. The pavement and/or curbs within established fire lanes shall be painted yellow to delineate the borders of said fire zones and, in addition, the pavement within said borders shall be painted yellow with the words "NO PARKING FIRE ZONE." The words "NO PARKING FIRE ZONE" shall be painted on the pavement at major vehicular entrances to said fire lanes and every 50 feet along the entire length of the lanes and at other locations within the lanes as determined by the Fire Official. Such lettering shall be painted in block letters not less than 18 inches high with six-inch-wide strokes. Such markings shall be repainted as frequently as needed to maintain high visibility to vehicular traffic within and near the fire lanes. Fire lanes shall further be stripped with diagonal yellow lines.

B. Signage. Approved traffic signs shall be installed within fire lanes as required by the following standards:

(1) Fire lanes shall be marked with freestanding signs.

(2) All signs, where required, shall be rectangular with a reflective red message on a white background. All corners shall be rounded, and all signs shall have a red border.

(3) All signs, where required, shall be a minimum of 12 inches wide by 18 inches long and shall be made of metal or comparable durable material.

(4) The message on all signs shall be as follows:

PARKING FIRE

ZONE

(5) All signs, where required, shall be illuminated or reflective to be visible during hours of darkness.

(6) Signs shall be displayed in each designated fire lane, where required, to face all directions of traffic flow into and within said lanes. Signs shall be installed so that the maximum distance shall be 50 feet. All signs shall be mounted at approximately right angles to the direction of traffic.

(7) All signs, where required, shall be installed so that the bottom of each sign is approximately seven feet from the pavement.

(8) All signs, where required, shall be kept in good order and clearly legible at all times. Damaged or faded signs shall be promptly replaced by the landowner.

§ 141-18 Enforcement.

A. The Bureau of Fire Prevention and Inspections and the Somers Point Police Department shall have concurrent jurisdiction charged with enforcement of fire lane and fire zone parking violations within the City of Somers Point with inspection and enforcement of the New Jersey Uniform Fire Code.

B. The Bureau of Fire Prevention and Inspections and/or its designated agents shall have the authority to have any motor vehicle or obstructions in violation of this article removed and impounded at the expense of the vehicle owner.

§ 141-19 Violations and penalties.

A. Any person violating the provisions of this article or neglecting to comply with any order issued pursuant to any section thereof, shall be fined as pursuant to the New Jersey State Uniform Fire Code, N.J.S.A. 52:27D-210 and N.J.A.C. 5:18-2.12A.

B. The fine for parking in or obstructing said fire lane or fire zone shall be $54 for the first offense and $108 for any subsequent fire lane fire zone parking violations.

C. The Fire Official may issue a municipal summons of violations, and said summons or notice of violations shall be issued to all offenders by one of the following manners:

(1) Personally serving upon offender.

(2) If the offender is not attendant to the vehicle, the notice shall be left under the windshield wiper or otherwise attached to the vehicle in a manner reasonably calculated to ensure that the offender received said notice upon his or her return to the vehicle.

(3) Sending violation and summons by registered or certified mail.

§ 141-20 Payment.

All fines shall be made payable to the Somers Point Bureau of Fire Prevention.

§ 141-21 Appeals.

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 enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Atlantic.