Pursuant to the authority of Chapter 21 of the Laws of the State of New Jersey, 1949, N.J.S.A. 40:49-5.1 et seq., there is hereby adopted by the Township of Southampton the entire fire code known and constituted as THE BOCA BASIC FIRE PREVENTION CODE/1978, in booklet form, for the purpose of prescribing rules and regulations for the governing of conditions hazardous to life and property from fire and explosion. The whole printed copy of that code, save and except such portions as are hereinafter deleted, modified or amended, three copies of which have been and are now filed in the office of the clerk of the township, are hereby adopted and incorporated as fully as if set out at length herein. The provisions thereof shall be controlling within the limits of the township from the date this chapter shall take effect.
a. 
Appointment. There shall be a fire inspector who shall be appointed by the Township Committee on the basis of his qualifications and who shall have had at least three years’ experience as a fire prevention or fire fighting official. His appointment shall continue during good behavior and satisfactory service for the term of one year and he shall not be removed from office during that term except for cause.
b. 
Enforcement of code. The Fire Prevention Code shall be enforced by the fire inspector and shall be operated under the supervision of the Township Committee.
c. 
Assistant inspectors. The fire inspector shall detail such members of the Southampton Fire Company as assistant inspectors as shall from time to time be necessary.
As used in the Fire Prevention Code, the following terms shall have the meanings indicated:
CHIEF OF THE FIRE DEPARTMENT OR OF THE FIRE PREVENTION BUREAU or FIRE OFFICIAL
The fire inspector and any of his duly designated assistant fire inspectors.
FIRE PREVENTION BUREAU
The fire inspector and any of his duly designated assistant fire inspectors.
JURISDICTION or MUNICIPALITY
The Township of Southampton.
The fire inspector shall have the power to modify any of the provisions of the code adopted by this chapter, subject to the approval of the Township Committee, upon application in writing by the owner or lessee, when it is just and reasonable and there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire inspector, thereon, shall be entered upon the records of the Township Committee- and a signed copy shall be furnished the applicant.
Whenever the fire inspector shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true, intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire inspector to the Township Committee within 30 days from the date of the decision.
F-102.1 is amended to provide for the appointment of a fire inspector by the township, committee as hereinbefore set forth to serve as an enforcement officer for the provisions of this chapter and the Fire Prevention Code.
The Township Committee and fire inspector shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in the code. The fire inspector shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
Under the Fire Prevention Code, permits shall be required for the following:
a. 
Acetylene generator.
b. 
Ammunition.
c. 
Automobile tire rebuilding plants.
d. 
Automobile wrecking yards.
e. 
Blasting agents.
f. 
Bonfires.
g. 
Bowling establishments.
h. 
Calcium carbide storage.
i. 
Cellulose nitrate motion picture film.
j. 
Cellulose nitrate plastics.
k. 
Combustible fibers.
l. 
Combustible materials.
m. 
Compressed gasses.
n. 
Containers for welding and cutting grass.
o. 
Dipping operations -flammable finishes.
p. 
Dry cleaning plants.
q. 
Dust producing materials.
r. 
Explosives.
s. 
Fireworks display.
t. 
Flammable finishes.
u. 
Flammable or combustible liquids.
v. 
Fruit ripening.
w. 
Fumigation.
x. 
Garages, repair.
y. 
Hazardous chemicals.
z. 
Junk yards.
aa. 
Liquefied petroleum gasses.
bb. 
Lumber yards.
cc. 
Magnesium.
dd. 
Matches.
ee. 
Oil burning equipment (commercial).
ff. 
Organic coatings.
gg. 
Ovens and furnaces (commercial).
hh. 
Places of assembly.
ii. 
Rubbish fires.
jj. 
Spraying operations (flammable finishes).
kk. 
Tank vehicle transporting flammable or combustible liquids.
ll. 
Tents (commercial).
mm. 
Thermal insecticidal fogging.
nn. 
Waste material handling plants.
oo. 
Welding and cutting.
pp. 
Woodworking plants.
The permit shall be for a period of one year unless revoked by the fire inspector, following notice of violation of the Fire Prevention Code and the failure of the permittee to correct the violation. Permits shall not be transferable.
For each permit required by this chapter, there shall be collected by the fire inspector the following fees:
All permits except for bonfires and rubbish fires $10.
Bonfires and rubbish fires $3.
The permit fee shall be paid to the fire inspector at the time of application for the permit. All permit fees shall be paid over to the township treasurer by the fire inspector after he had issued the permit for which the fee was paid.
No person shall smoke or carry a lighted cigar, cigarette, pipe or match or use any spark, flame or fire-producing device not specifically authorized for use in such place by the fire inspector in any of the following places:
a. 
Retail stores designed and arranged to accommodate more than 200 persons or in which more than 25 persons are employed.
b. 
Elevators, regardless of capacity, in any public place.
c. 
Beds in public lodging houses, hotels, motels, dormitories, nursing homes, childrens' homes, rooming houses or apartments.
d. 
Public theatres, motion picture houses or auditoriums where either motion pictures or stage productions are performed. This prohibition shall include the projection room or enclosure where any motion picture machine is operated or where motion picture film is stored.
e. 
Dance floors of any cabarets, restaurants, night clubs or other public places offering facilities for dancing.
The prohibition of smoking shall not apply to specially indicated smoking rooms, rest rooms, restaurants, executive offices or any other area which has been specifically approved by the fire inspector by written order to the person having control of the premises, upon finding that the same is not dangerous to life or property.
Every person or his agent having control of the premises upon which smoking or the carrying of lighted objects is prohibited under this section shall conspicuously display within the prohibited area a sign designating "SMOKING PROHIBITED BY LAW." No signs shall be removed without express written consent of the fire inspector.
a. 
Thrown from buildings or vehicles. No person shall throw any hot or burning substance or cigars, cigarettes, matches or ashes from any windows or doorways or any moving vehicle.
b. 
Placed near combustible material. No person shall throw or place any hot or burning substance, such as enumerated in paragraph a. upon or in close proximity to any combustible material or material which is likely to cause damage as a result of the heat, or cause fire or explosion.
To the extent that any terms or provision of the within Fire Prevention Code conflicts with or otherwise affects the terms and enforcement of the State Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.) the terms and enforcement of the State Uniform Construction Code shall be deemed controlling.