City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dangerous buildings — See Ch. 108.
Uniform construction codes — See Ch. 125.
Fee Schedule — See Ch. 146.
Fire lanes and fire zones — See Ch. 158.
Housing standards — See Ch. 195.
Land development — See Ch. 207.
[Adopted by Ord. No. 8-1997 (Secs. 15.12.010 to 15.12.090 and 15.12.230 of the 1996 Municipal Code)]

§ 162-1 Findings.

[Amended by Ord. No. 3-2002]
A. 
The Uniform Fire Safety Act, 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 authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
C. 
It is in the best interests of the City to have the Uniform Fire Safety Act enforced locally.

§ 162-2 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Safety Code shall be locally enforced in the City.

§ 162-3 Agency designation.

[Amended by Ord. No. 3-2002]
The local enforcing agency shall be the Bureau of Fire Prevention.

§ 162-4 Organization.

[Amended by Ord. No. 3-2002]
The local enforcing agency established by § 162-3 shall be part of the Fire Division within the Department of Public Safety and shall be under the direct supervision and control of the Fire Official. The Official shall report to the Public Safety Director.

§ 162-5 Appointments; terms; removal.

[Amended by Ord. No. 3-2002]
A. 
Appointment of Fire Official. Upon the recommendation of the Board of Fire Engineers, the Mayor shall appoint the Fire Official with the advice and consent of the Common Council.
B. 
Term of office. The Fire Official shall serve a term of one year. Any vacancy shall be filled for the unexpired term.
C. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed, upon the recommendation of the Board of Fire Engineers, by the Mayor with the advice and consent of the Common Council. Such inspectors must be residents of the City and active or exempt members of the Division of Fire and Bureau of Fire Prevention, and certified by the Department of Community Affairs Bureau of Fire Safety.
D. 
Removal from office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Common Council, upon the recommendations of the Board of Fire Engineers, for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard before the Common Council.

§ 162-6 Duties.

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 City, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Safety Code.

§ 162-7 Life hazard uses.

The Bureau of Fire Prevention shall carry out the periodic inspection of life hazard uses required by the Uniform Fire Safety Code on behalf of the Commissioner of Community Affairs.

§ 162-8 Board of Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-206 and 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 Burlington County.

§ 162-9 Additional required inspections and fees.

In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act and the regulations of the State of New Jersey Department of Community Affairs, the following firesafety inspections, permits and fees shall be required, none of which shall apply to fees or inspections of life hazard uses as governed by the Uniform Fire Safety Act, unless such uses are to be inspected more frequently than required by the Act.

§ 162-10 Permit fees.

A. 
The permit fees established by the Uniform Fire Safety Code shall be as set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
B. 
All nonprofit organizations must take out a permit but are otherwise exempt from payment, except for an annual administrative charge as set forth in Chapter 146, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted by Ord. No. 8-1997 (Secs. 15.12.100 to 15.12.220 of the 1996 Municipal Code)]

§ 162-11 Use groups defined.

The following buildings and structures, or parts thereof, constitute firesafety use groups which are subject to registration and the periodic inspection requirements as established by this article. Where two or more uses exist in the same building and structure, or parts thereof, each use shall be considered as separate and distinct and shall be registered pursuant to the provisions of this article and the applicable firesafety use group. When a building or structure is not specifically stated, the Fire Official shall designate which firesafety use group it will be placed in based upon its similarity to other uses in the firesafety use group selected by the Fire Official and in the firesafety use group which it is most similar to in terms of the existing life and fire hazard.

§ 162-12 Use Group A—Assembly.

All buildings and structures, or parts thereof, shall be classified in Use Group A which are used or designed for places of assembly as defined in this article.
A. 
Firesafety Use Group A-1 structures: (Reserved).
B. 
Firesafety Use Group A-2 structures: (Reserved).
C. 
Firesafety Use Group A-3 structures: all buildings in which persons assemble, such as libraries or restaurants other than nightclubs.
D. 
Firesafety Use Group A-4 structures: all buildings used as churches and for similar religious purposes.
E. 
Firesafety Use Group A-5 structures: bleachers, similar structures and related use structures for outdoor assembly use.

§ 162-13 Use Group B—Business.

A. 
All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group B which are used for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for use incidental to office uses or sample purposes.
(1) 
Firesafety Use Group B-1A: all business establishments having a gross floor area of less than 250 square feet.
(2) 
Firesafety Use Group B-1B: all business establishments having a gross floor area of 250 square feet or more, but less than 3,500 square feet.
(3) 
Firesafety Use Group B-2: all business establishments having a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
(4) 
Firesafety Use Group B-2A: all business establishments having a gross floor area of 12,000 square feet or more, but less than 24,000 square feet.
(5) 
Firesafety Use Group B-2B: all business establishments having a gross floor area of 24,000 square feet or more, but less than 48,000 square feet.
(6) 
Firesafety Use Group B-2C: all business establishments having a gross floor area of 48,000 square feet or more.
(7) 
Firesafety Use Group B-3: all buildings and structures or parts thereof which are used for the purposes that meet the requirements of Use Group B, and which comprise a multiplicity of rooms, suites or areas to accommodate multiple business occupancies not to exceed 30 in number, which are rented from a common owner. The building owner, who shall control access to all areas, shall provide basic services as are needed for each tenant to conduct his/her business. These services may include, but are not limited to, clerical, phone answering and message taking, photocopying and reproduction, mail services, security, secretarial and stenographers.
B. 
The uses listed in Table I are indicative of, but not exclusive of, and shall be classified as Firesafety Use Group B:
Table I
Typical Firesafety Use Group B Business Uses
Animal hospitals, kennels, pounds
Automobile and other motor vehicle showrooms
Banks
Barbershops
Beauty shops
Car wash
Civic administration
Clinic, outpatient
Dry cleaning: pickup and delivery stations
Electronic data processing
Emergency service buildings
Fire station
Florists and plant nurseries
Laboratories: testing, research and medical
Laundries: pickup and delivery stations and self-service
Police stations
Print shops
Professional services: attorney, dentists, physician, engineer, etc.
Radio and television stations
Telephone exchanges

§ 162-14 Use Group E—Education.

A. 
All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group E, which are used for gathering people together for the purpose of instructions, including, among others, schools, colleges, universities and academies.
B. 
Exceptions shall be school buildings, or parts thereof, for vocational training which shall be classified in the same use group as the vocation taught.

§ 162-15 Use Group F—Factory and Industrial.

All buildings and structures, or parts thereof, in which occupants are engaged in performing work or labor in the fabrication, assembling or processing of products or materials shall be classified in Firesafety Use Group F, including, among others, factories, assembling plants, industrial laboratories and all other industrial and manufacturing uses, except those of Firesafety Use Group H involving highly combustible, flammable or explosive products and materials.
A. 
Firesafety Use Group F-1 structures: factory and industrial uses, which are not otherwise classified as low hazard Firesafety Groups F-2 et al, shall be classified as moderate-hazard factory and industrial Firesafety Use Group F-1. The manufacturing processes listed in Table II shall be indicative of, but not exclusive of, and shall be included in Firesafety Use Group F-1 and further categorized as set forth in this section.
(1) 
Firesafety Use Group F-JA: Firesafety Use Group F-1 structures with a gross floor area of less than 3,500 square feet.
(2) 
Firesafety Use Group F-IB: Firesafety Use Group F-1 structures with a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
(3) 
Firesafety Use Group F-IC: Firesafety Use Group F-1 structures with a gross floor area of 12,500 square feet or more, but less than 24,000 square feet.
(4) 
Firesafety Use Group F-ID: Firesafety Use Group F-1 structures with a gross floor area of 24,000 square feet or more, but less than 48,000 square feet.
(5) 
Firesafety Use Group F-IE: Firesafety Use Group F-1 structures with a gross floor area of 48,000 square feet or more.
Table II
Firesafety Use Groups F-1, Moderate-Hazard, Factory and Industrial Uses
Aircraft
Appliances
Athletic equipment
Automobiles and other motor vehicles
Bakeries
Beverages, alcoholic
Bicycles
Boat building
Boiler works
Brooms or brushes
Business machines, including repairs and rebuilding
Cameras and photo equipment
Canneries, including food products
Clothing
Condensed and powdered milk manufacturer
Construction and agriculture machinery
Disinfectants
Electric light plants and power houses
Electrolytic reducing works
Electronics
Engines, including rebuilding
Film, photographic
Food processing
Furniture
Hemp and jute products
Laundries and tanneries, excluding enamelling or japanning distillation
Motion pictures and television filming
Musical instruments
Optical goods
Paper mills or products
Plastic products
Printing and publishing
Recreational vehicles
Refuse incinerators
Shoes
Soaps and detergents
Sugar refineries
Textile mills, including canvas, cotton cloth, bagging, burlap, carpets and rags
Tobacco
Trailers
Upholstery and manufacturing shops
B. 
Firesafety Use Group F-2: Factory and industrial uses which involve the fabrication or manufacturing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard shall be classified as Firesafety Use Group F-2. The manufacturing processed listed in Table II shall be indicative of, but not exclusive of, and shall be included in Firesafety Use Group F-2 and shall be categorized by size and set forth in this section.
(1) 
Firesafety Use Group F-2A: all structures of Firesafety Use Group F-2 which have a gross floor area of less than 3,500 square feet.
(2) 
Firesafety Use Group F-2B: all structures of Firesafety Use Group F-2 which have a gross floor area of 3,500 square feet or more, but less than 12,000 square feet of gross floor area.
(3) 
Firesafety Use Group F-2C: all structures of Firesafety Use Group F-2 which have a gross floor area of 12,000 square feet or more, but less than 24,000 square feet of gross floor area.
(4) 
Firesafety Use Group F-2D: all structures of Firesafety Use Group F-2 which have a gross floor area of 24,000 square feet or more, but less than 48,000 square feet of gross floor area.
(5) 
Firesafety Use Group F-2E: all structures of Firesafety Use Group F-2 which have a gross floor area of 48,000 square feet or more.
Table III
Firesafety Use Groups F-1, Low-Hazard Factory and Industrial Uses
Beverages, nonalcoholic
Brick and masonry
Ceramics products
Foundries
Glass products
Gypsum
Ice
Metal fabrication and assembly
Water pumping plant

§ 162-16 Use Group H—High Hazard.

All buildings and structures, or parts thereof, shall be classified in Firesafety Group H which are used for the manufacturing, processing, generation or storage of corrosive, highly toxic materials or poisonous gas that may constitute a high fire or explosive hazard, including loose combustible fibers, dust and unstable materials.

§ 162-17 Use Group I—Institutional.

A. 
All buildings and structures, or parts thereof, shall be classified in Firesafety Group I in which people suffering from physical limitations because of health or age are harbored for medical or other care or treatment.
B. 
Firesafety Use Group I-1. This group shall include buildings housing individuals who, because of age, mental instability or other reasons, must live in a supervised environment but who are physically capable of responding to an emergency situation without personal assistance. Included in this group are uses such as facilities for children, aged persons, mentally impaired and convalescents, including convalescence facilities, group homes, mentally retarded care facilities, nursing homes (ambulatory) orphanages and residential care facilities.

§ 162-18 Use Group M—Mercantile.

All buildings and structures, or parts thereof, shall be classified in Firesafety Group M which are used for display and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public, including, among others, retail stores, shops and salesrooms and markets. Highly combustible goods shall be limited to small quantities that do not constitute a high hazard.
A. 
Firesafety Use Group M-1A: mercantile establishments having a gross floor area of less than 250 square feet.
B. 
Firesafety Use Group M-1B: mercantile establishments having a gross floor area of 250 square feet or more, but less than 3,500 square feet.
C. 
Firesafety Use Group M-1C: mercantile establishments having a gross floor area of 3,500 square feet or more.

§ 162-19 Use Group R—Residential.

All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group R in which families or households live, or in which sleeping accommodations are provided for individuals with or without dining facilities, excluding those that are classified as institutional buildings.
A. 
Firesafety Use Group R-1 structures: (Reserved).
B. 
Firesafety Use Group R-2 structures: all multiple-family dwellings having two or three dwelling units, except for two-family dwellings one of which is occupied by the holder of title to the property.
C. 
Firesafety Use Group R-2A structures: all multiple-family dwellings having four or more dwelling units, but less than 12 units.
D. 
Firesafety Use Group R-2B structures: all multiple-family dwellings having 12 or more dwelling units but less than 22 dwelling units.
E. 
Firesafety Use Group R-2C: all multiple-family dwellings having 22 dwelling units or more.

§ 162-20 Use Group S—Storage.

All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group S which are used primarily for the storage of goods, wares or merchandise, except those of Use Group H that involve highly toxic materials or poisonous gases, including, among others, warehouses, storehouses and freight depots.
A. 
Firesafety Use Group S-1: buildings used for storage of moderate-hazard contents which are likely to burn with moderate rapidity, but which do not produce poisonous gasses, fumes or explosions, including, among others, but not limited to, the materials listed in Table IV, shall be further categorized as set forth in this section.
(1) 
Firesafety Use Group S-1A: structures of Firesafety Use Group S-1 with a gross floor area of less than 3,500 square feet.
(2) 
Firesafety Use Group S-1B: structures of Firesafety Use Group S-1 with a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
(3) 
Firesafety Use Group S-1C: structures of Firesafety Use Group S-1 with a gross floor area of 12,000 square feet or more, but less than 24,000 square feet.
(4) 
Firesafety Use Group S-1D: structures of Firesafety Use Group S-1 with a gross floor area of 24,000 square feet or more, but less than 48,000 square feet.
(5) 
Firesafety Use Group S-1E: structures of Firesafety Use Group S-1 with a gross floor area of 48,000 square feet or more.
Table IV
Firesafety Use Groups S-1, Storage Uses Moderate Hazard
Bags, cloths, burlap and paper
Bamboo and rattan
Baskets
Belting, canvas and leather
Books and paper in rolls or packs
Boots and shoes
Buttons, including cloth covered, pearl or bone
Cardboard and cardboard boxes
Clothing, woolen wearing apparel
Cordage
Furniture
Furs
Glue, mucilage, paste and size
Horn and combs, other than celluloid
Leather, enamelling or japanning
Linoleum
Livestock shelters
Lumberyards
Petroleum warehouses for storage of lubricating oils with a flash point of 200° F. (93.33° C.) or higher
Photo engraving
Public parking garages and stables
Silk
Soap
Sugar
Tobacco, cigars, cigarettes and snuff
Upholstering and mattress manufacturing
Wax candles
B. 
Firesafety Use Group S-2. Low-hazard uses shall include buildings used for the storage of noncombustible materials, and of low-hazard wares, that do not ordinarily burn rapidly, such as products on wood pallets or in paper cartons without significant amounts of combustible wrappings. Such products may have a negligible amount of plastic trim, such as knobs, handles of film wrapping. Such uses shall be classified as Firesafety Use Group S-2, including, among others, but not exclusive of, the materials listed in Table V and shall be further categorized as set forth in this section.
(1) 
Firesafety Use Group S-2A: Firesafety Use Groups S-2 whose gross floor area is less than 3,500 square feet.
(2) 
Firesafety Use Group S-2B: Firesafety Use Group S-2 whose gross floor area is 3,500 square feet or more, but less than 12,000 square feet.
(3) 
Firesafety Use Group S-2C: Firesafety Use Group S-2 whose gross floor area is 12,000 square feet or more, but less than 24,000 square feet.
(4) 
Firesafety Use Group S-2D: Firesafety Use Group S-2 whose gross floor area is 24,000 square feet or more, but less than 48,000 square feet.
(5) 
Firesafety Use Group S-2E: Firesafety Use Group S-2 whose gross floor area is 48,000 square feet or more.
Table V
Firesafety Use Group S-2, Storage Uses Low Hazard
Asbestos
Beer or wine up to 12% alcohol in metal, glass or ceramic containers
Cement in bags
Chalk and crayons
Dairy products in non-wax coated paper containers
Distribution transformers, oil filled and other types
Dry cell batteries
Electric motors
Electrical coils
Empty cans, new
Food products
Foods in noncombustible containers
Foods, frozen
Fruits, fresh, and vegetables in non-plastic trays
Glass
Glass bottles, empty or filled
Gypsum board
Inert pigments
Ivory
Meats
Metal cabinets
Metal desks with plastic tops and trim
Metal parts
Metals
Mirrors
Porcelain and pottery
Stoves
Talc and soapstones
Washers and dryers

§ 162-21 Use Group U—Utility and Miscellaneous.

Buildings and structures of an accessory character and miscellaneous structures not classified in any specific use group shall be equipped and maintained to meet the requirement of this Act commensurate with the fire and life hazard incidental to their use. Utility and miscellaneous uses shall include tanks, cooling towers, sheds and agricultural buildings.

§ 162-22 Use Group V—Vacant Buildings.

All structures or portions thereof vacant or unoccupied for a period of 90 days and not under active renovation, modification or construction shall be classified as Firesafety Use V.

§ 162-23 Required inspections.

All firesafety uses shall be inspected in accordance with Schedule A for compliance with the provisions of the Uniform Fire Safety Code, N.J.S.A. 52:27D-192 et seq., and the fees for these inspections shall be as set forth in Chapter 146, Fee Schedule. Where, in the opinion of the Fire Official, there exists a condition liable to cause fire, contribute to the spread of fire, interfere with fire-fighting operations, endanger life, or violate the provisions or intent of the Act, he/she shall inspect as often as necessary for the purpose of ascertaining the extent of these conditions and causing them to be corrected.
Schedule A
Class
Description
Frequency
A-3
Assembly
Annual
A-4
Church
Annual
A-5
Stadium building
Annual
B-1A, B-1B
Business
Biannual
B-2A, B-2B, B-2C
Business
Annual
E
Education
Annual
F-1A, F-2B, F-2C, F-2D F-2E
Factory moderate hazard
Annual
F-2A, F-2B, F-2C, F-2D F-2E
Factory low hazard
Annual
H
High hazard
Annual
I-1
Institutional
Annual
M-1A, M-1B
Mercantile
Biannual
M-2
Mercantile
Annual
R-2, R-2A, R-2B, R-2C
Residential/multiple-family
Annual
S-1A, S-1B, S-1C, S-1D, S-1E
Storage/moderate hazard
Annual
S-2A, S-2B, S-2C, S-2D, S-2E
Storage/low hazard
Annual
U
Utility
Annual
V
Vacant
Annual