[HISTORY: Adopted by the City Council of
the City of Somers Point as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 29.
[Adopted 12-13-2001 by Ord. No. 15-2001[1]]
[1]
Editor's Note: This ordinance superseded the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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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:
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.
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.
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.
[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.
[Adopted 12-21-2009 by Ord. No. 25-2009]
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.
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:
|
NO
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.
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.
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.
All fines shall be made payable to the Somers Point Bureau of
Fire Prevention.
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.
