Township of Manchester, NJ
Ocean County
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[Adopted by Ord. No. 85-270 (Sec. 15-1 of the 1996 Revised General Ordinances)]

§ 179-1 Findings.

[Amended by Ord. No. 02-008]
A. 
The Uniform Fire Safety Act (P.L. 1983, c. 383, N.J.S.A. 52:27D-192 et seq.) was enacted for the purpose of establishing a system for the enforcement of minimum firesafety standards throughout the State of New Jersey.
B. 
The Uniform Fire Safety Act authorized municipalities to provide for local enforcement and the establishment of a local enforcement agency.
C. 
The Uniform Fire Code (N.J.A.C. 5:70 et seq.) has been promulgated by the Commissioner of the Department of Community Affairs pursuant to authority conferred by the Uniform Fire Safety Act (N.J.S.A. 52:27D-192).
D. 
It is in the best interests of the Township of Manchester to have the Uniform Fire Safety Act enforced by a local enforcing agency.

§ 179-2 Definitions.

[Amended by Ord. No. 02-008]
The words hereinafter defined shall have the meanings herein indicated for the purpose of this article as follows:
AMUSEMENT AND ENTERTAINMENT
An inspection fee shall be required for all structures or uses where 100 or fewer persons may assemble for the purpose of amusement, entertainment and/or recreation, including health spas. Exception: life hazard uses pursuant to N.J.S.A. 52:27D-192 et seq.
MULTIPLE DWELLINGS
An inspection fee shall be required for all structures used as multiple dwellings as follows: multiple dwellings (such as apartment buildings) with common areas accessible to the tenants and/or public. Exception: If a part of a complex of buildings doing business under one name and with a common owner, there shall be a fee for the first building and a fee for each additional buildings; fees are included in § 179-10.[1]
NONRESIDENTIAL LESS THAN 400 SQUARE FEET
An inspection fee shall be required for any nonresidential use of less than 400 square feet of gross floor area, with the exception of those businesses registered with the State of New Jersey as life hazard uses pursuant to N.J.S.A. 52:27D-192 et seq.
NONRESIDENTIAL 400 SQUARE FEET UP TO AND INCLUDING 2,500 SQUARE FEET
An inspection fee shall be required for any nonresidential use of more than 400 square feet up to and including 2,500 square feet gross floor area, with the exception of those buildings registered with the State of New Jersey as life hazard uses, pursuant to N.J.S.A. 52:27D-192 et seq.
NONRESIDENTIAL 2,501 SQUARE FEET UP TO AND INCLUDING 5,000 SQUARE FEET
An inspection fee shall be required for any nonresidential use of 2,501 square feet up to and including 5,000 square feet of gross floor area, with the exception of those buildings registered with the State of New Jersey as life hazard uses, pursuant to N.J.S.A. 52:27D-192 et seq.
NONRESIDENTIAL 5,001 SQUARE FEET UP TO AND INCLUDING 12,000 SQUARE FEET
An inspection fee shall be required for any nonresidential use of 5,001 square feet up to and including 12,000 square feet of gross floor area, with the exception of those buildings registered with the State of New Jersey as life hazard uses, pursuant to N.J.S.A. 52:27D-192 et seq.
NONRESIDENTIAL OVER 12,000 SQUARE FEET
An inspection fee shall be required for any nonresidential use of over 12,000 square feet of gross floor area, with the exception of those buildings registered with the State of New Jersey as life hazard uses, pursuant to N.J.S.A. 52:27D-192 et seq.
RESIDENTIAL CERTIFICATES OF SMOKE DETECTOR COMPLIANCE
Inspections and certificates regarding smoke detectors required for sale, lease or other occupancy of one- and two-family dwellings required by P.L. 1991, c. 92 (N.J.S.A. 52:27D-192 et seq.).[2]
RESTAURANT LESS THAN 50 PEOPLE
An inspection fee shall be required for any use and/or occupancy which is an eating or drinking establishment that has a capacity of less than 50 occupants and in which no alcoholic beverages are served, regardless of floor area.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 179-3 Local enforcement.

[Amended by Ord. No. 88-340; Ord. No. 02-008]
Pursuant to Section 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code shall be enforced by a local enforcing agency established in the Township of Manchester.

§ 179-4 Agency designation.

[Amended by Ord. No. 02-008]
The local enforcing agency shall be the Bureau of Fire Prevention, which is hereby created in the Township of Manchester.

§ 179-5 Duties.

[Amended by Ord. No. 02-008]
The Bureau of Fire Prevention of the Township of Manchester shall enforce the Uniform Fire Safety Act and the Uniform Fire Code and all regulations adopted thereunder in all buildings, structures and premises within the Township of Manchester, other than owner-occupied one- and two-family dwellings, and shall comply with all of the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 179-6 Life hazard uses.

[Amended by Ord. No. 88-340; Ord. No. 02-008]
The Bureau of Fire Prevention of the Township of Manchester established pursuant to § 179-4 shall conduct and carry out the periodic inspection of life hazard uses and buildings, as required by the Uniform Fire Code, on behalf of the Commissioner of Community Affairs.

§ 179-7 Organization.

[Amended by Ord. No. 88-340; Ord. No. 02-008]
A. 
The Bureau of Fire Prevention of the Township of Manchester established pursuant to § 179-4 shall be part of the Department of Administration and under the direct supervision and control of the Manchester Township Fire Marshal, who shall report to the Director of Inspections, Land Use and Planning.
B. 
The Bureau of Fire Prevention shall be directly responsible to the Director of Inspections, Land Use and Planning, who shall provide general direction.
C. 
The Township Attorney is hereby appointed as the legal counsel to assist the Bureau of Fire Prevention in the enforcement of the code. The Township Attorney shall advise the agency and take such actions at law as the Township Fire Marshal shall deem necessary to gain compliance with the code.

§ 179-8 Appointments, term of office, duties and removal.

[Amended by Ord. No. 88-340; Ord. No. 02-008]
A. 
Appointment of Fire Marshal. The Bureau of Fire Prevention shall be under the direct supervision of a Municipal Fire Marshal, who shall be appointed by the Township Mayor of the Township of Manchester. The Fire Marshal also may be the Fire Subcode Official appointed pursuant to the State Uniform Construction Act.
B. 
Fire Marshal.
(1) 
Term of office. The Municipal Fire Marshal shall serve for a term of one year commencing January 1 and ending December 31 of each year, but the initial appointment shall commence on the date of appointment and terminate December 31 of the year of initial appointment.
(2) 
Certification. No person shall be appointed as Fire Marshal unless certified in accordance with Subchapter 4, N.J.A.C. 5:71.
(3) 
Vacancies in the office of Fire Marshal. Any vacancies created in the office of Fire Marshal shall be filled for the unexpired term in accordance with this section.
C. 
Deputy Fire Marshal and employees. The Deputy Fire Marshal and other employees as shall be deemed necessary for the proper operation of the Bureau of Fire Prevention shall be appointed by the Mayor on the recommendation of the Fire Marshal.
D. 
Duties of Fire Marshal and Deputy Fire Marshal. It shall be the duty of the Fire Marshal and Deputy Fire Marshal to enforce the code and regulations in accordance with the Uniform Fire Safety Act and Uniform Fire Code.
E. 
Salaries. Salaries of the Fire Marshal and Deputy Fire Marshal shall be established in accordance with the Salary Ordinance of the Township of Manchester. In the event that the Fire Marshal and Fire Subcode Official are the same person, the salary shall be adjusted accordingly by the Township in the Salary Ordinance.
F. 
Removal or suspension.
(1) 
The Fire Marshal, Deputy Fire Marshal and employees of the Bureau of Fire Prevention shall be subject to removal or suspension by the Township Administrator for inefficiency, misconduct or violation of the Uniform Fire Code, the regulations for code enforcement or of this article.
(2) 
Any Fire Marshal, Deputy Fire Marshal or employee so removed or suspended shall be notified in writing of the grounds for the proposed removal or suspension and shall be given an opportunity to reply, in writing or in person, to the Township Administrator within 10 days of receipt of the notification. The Fire Marshal, Deputy Fire Marshal or employees shall be notified, in writing, of the final determination of removal or suspension within five days after receipt of the written or verbal reply.
(3) 
Each Fire Marshal, Deputy Fire Marshal or employee so removed or suspended shall be afforded an opportunity to be heard by the Township Council or designated hearing officer by filing a written notice of appeal with the Clerk of the Township within five days of receipt of the final determination of removal or suspension. The decision of the Township Council or designated hearing officer shall be final.

§ 179-9 Board of Appeals.

[Amended by Ord. No. 02-008]
Pursuant to Sections 15 (N.J.S.A. 52:27D-206) and 17 (N.J.S.A. 52:27D-208) of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Ocean, State of New Jersey.

§ 179-10 Additional required inspections and fees.

[Amended by Ord. No. 02-008]
A. 
In addition to the inspection fees required pursuant to the Act and the regulations of the Department of Community Affairs for life hazard uses, the following additional inspections and fees shall be required:
Type of Use Fee
Nonresidential:
Nonresidential less than 400 square feet $40
Nonresidential 401 to 2,500 square feet $60
Nonresidential 2,501 to 5,000 square feet $80
Nonresidential 5,001 to 12,000 square feet $100
Nonresidential greater than 12,000 square feet $125
Multiple dwellings:
First building $75
Additional buildings $25
Amusement/entertainment less than 100 people $100
Restaurant less than 50 people $75
Residential smoke detector compliance $35
Inspection requests
Inspection request less than five days ahead of closing $50
Inspection request less than 24 hours or less before closing $75
Reinspection — missed appointments no fault of Inspector $15
Assembly use:
Less than 50 occupants $75
Amusement/entertainment less than 100 people $100
Business use/mercantile use:
Less than 400 square feet $40
Between 401 and 2,500 square feet $60
Between 2,501 and 5,000 square feet $80
Between 5,001 and 12,000 square feet $100
Greater than 12,000 square feet $125
Smoke detector inspection $35
B. 
All non-life-hazard uses shall be inspected annually.

§ 179-11 Permits.

[Amended by Ord. No. 02-008]
In addition to the registration of life hazard uses, the permit fees established by the Uniform Fire Code are hereby adopted by the Township of Manchester.

§ 179-12 Technical amendments.

There are no technical amendments to the code.

§ 179-13 Toxic and life hazardous uses material storage and handling controls, contingency plans and emergency procedure.

[Amended by Ord. No. 90-88-340]
A. 
Contingency plan required.
(1) 
Each owner or operator of a storage facility, manufacturing or other industrial or commercial establishment in which toxic or hazardous materials are used in the preparation of the final product for sale, including those establishments where toxic or hazardous materials are retained as by-products of the operations within such manufacturing or other industrial or commercial establishment, shall have a contingency plan for such facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous or toxic material or waste constituents to the air, soil or surface water.
(2) 
The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous or toxic material or hazardous waste constituents which could threaten human health or environment.
(3) 
The provisions of the plan shall describe the actions facility personnel shall take to comply with this article in response for fires, explosions, or any unplanned sudden or nonsudden, release of hazardous or toxic material in the air, soil, or surface water at the facility. The plan shall describe arrangements agreed to by the Manchester governing body, Township of Manchester Emergency Management Service Coordinator, Township of Manchester Police Department, hospitals, contractors, state and federal emergency response teams.
(4) 
The plan shall list names, addresses, and telephone numbers (office and home) of all persons qualified to act as emergency coordinator for the facility, and this list shall be kept up-to-date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
(5) 
The plan shall include a list of all emergency equipment at the facility (such as fire-extinguishing systems, spill-control equipment, communications and alarm systems (external and internal), and contamination equipment), where this equipment is required. This list shall be kept up-to-date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(6) 
The plan shall include an evacuation procedure for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signals to be used to begin evacuation, evacuation routes, and alternative evacuation routes (in cases where the primary routes could be blocked by releases or hazardous or toxic material or fires).
(7) 
A copy of the contingency plan and all revisions to the plan shall be:
(a) 
Maintained at the facility; and
(b) 
Submitted to the Township of Manchester Fire Department, Emergency Management Services Coordinator, Police Department, and any local emergency response teams that may be called upon to provide emergency service.
(8) 
The contingency plan shall be reviewed and immediately amended, if necessary, whenever:
(a) 
Applicable regulations are revised;
(b) 
The plan fails in an emergency;
(c) 
The facility changes (in its design, construction, operation, maintenance or other circumstances) in any way that materially increases the potential for fires, explosions, or releases hazardous or toxic material or hazardous waste constituents, or changes the response necessary in an emergency;
(d) 
The list of emergency coordinates changes; or
(e) 
The list of emergency changes.
(9) 
All times (24 hours a day, seven days a week), there shall be at least one employee either on facility premises or on call with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, and location and characteristics of hazardous and toxic material at the installation, the location of all records within the facility and the layout of buildings and storage at the facility. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
(10) 
Emergency procedures are as follows:
(a) 
In the event of any fire or explosion, whenever there is an imminent or actual emergency situation, including spills of toxic materials, the emergency coordinator (or a designee, when the emergency coordinator is on call) shall immediately:
[1] 
Notify the Township of Manchester (Fire Department and Police Department) by telephone or by direct wire alarm system;
[2] 
Identify the character, exact source, amount and area of any incident;
[3] 
Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
(b) 
Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the discharge, fire, or explosion. This assessment shall consider both direct and indirect effects of the discharge, fire or explosion.
(c) 
If the emergency coordinator determines that the facility has had a discharge, fire or explosion which would threaten human health or the environment, inside or outside the facility, the emergency coordinator shall:
[1] 
Immediately notify the Township if an assessment indicates that evacuation inside the facility or the local areas may be advisable. The emergency coordinator shall be available at all times to help Township of Manchester officials decide what local areas should be evacuated.
(d) 
The emergency coordinator shall advise local emergency response personnel (Fire Department and Police Department) of the actual hazardous or toxic material involved in the incident.
(e) 
The emergency coordinator and facility owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan or response of Township of Manchester emergency response personnel. Within seven days after the incident, the emergency coordinator and owner or operator shall submit a written report on the incident to the Township of Manchester (Emergency Management Services Coordinator). This report shall include, but not be limited to:
[1] 
Name, address and telephone number of the owner or operator;
[2] 
Name, address, and telephone number of the facility;
[3] 
Name, address, and telephone number of the emergency coordinator in charge of the incident;
[4] 
Date, time and type of incident;
[5] 
Name and quantity of materials involved;
[6] 
An assessment of actual or potential hazards to human health or the environment;
[7] 
The extent of injuries, if any;
[8] 
Assessment of the scope of magnitude of the problem or incident;
[9] 
Description of the immediate actions that have been taken and the estimated quantity and disposition of the material involved in the accident;
[10] 
Provide implementation schedule for undertaking suggested changes to the contingency plans and emergency procedures, and measures to eliminate any problems.
B. 
Reporting requirement.
(1) 
It shall be unlawful for the owner or other person in possession or control of any toxic, hazardous or life hazard use material, or storage facility or part thereof, to fail to report any fire or unauthorized discharge, spill, leak or any recognizable loss of toxic or hazardous material therefrom, within any facility; or whenever there is an imminent or actual emergency situation within any facility or part thereof. Failure of the facility, or owner, or person in possession or control thereof, or other person who had sufficient evidence that he knew or should have known of the unauthorized discharge, spill, leak, loss, fire, or imminent or actual emergency situation within, to notify and report immediately to the Manchester Police and Fire Departments and the Emergency Management Services Coordinator, shall be a violation of this section.
(2) 
A report to the Township shall not be deemed compliance with any reporting requirement of any other federal, state or local law.
C. 
Violation; enforcement. Any person, firm or corporation in violation of any portion of this article shall be subject to a fine of not less than $100 and not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days. Any person, firm or corporation convicted in violation of this article within one year of the date of a previous violation of the same offense shall be sentenced to an additional fine as a repeat offender. Each and every day during which the violation exists shall be deemed a separate offense.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).