[Amended 3-24-2022 by Ord. No. 6-2022]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.)
shall be locally enforced in the Borough of Clayton.
[Amended 3-24-2022 by Ord. No. 6-2022]
The local enforcing agency shall be the Gloucester County Fire
Marshal's Office. The Gloucester County Fire Marshal's Office shall
hereinafter be known as the "local enforcing agency."
[Amended 3-24-2022 by Ord. No. 6-2022]
A. The local
enforcing agency shall enforce the Uniform Fire Code in all buildings,
structures, and premises within the established boundaries of the
Borough of Clayton other than one and two unit owner-occupied dwellings
used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by the federal government, interstate
agencies or the state.
B. The local
enforcing agency shall faithfully comply with all the pertinent requirements
of the Uniform Fire Safety Act and the Uniform Fire Code.
[Amended 3-24-2022 by Ord. No. 6-2022]
A. In addition
to the registrations required by the Uniform Fire Code, the following
non-life-hazard uses shall register with the County Fire Marshal's
Office. These uses shall be inspected once per year and pay an annual
fee.
(1) Assembly.
A-1
|
Eating establishment under 50 (no alcohol)
|
$50
|
A-2
|
Take-out food service (no seating)
|
$25
|
A-3
|
House of worship
|
$50
|
(2) Business/professional.
B-1
|
Professional use 1 and 2 story less than 5,000 square feet per
floor
|
$50
|
B-2
|
1 and 2 story equal to or more than 5,000 square feet less than
10,000 square feet per floor
|
$50
|
B-3
|
1 and 2 story more than 10,000 square feet
|
$75
|
B-4
|
3-to-5 story less than 5,000 square feet per floor
|
$100
|
B-5
|
3-to-5 story equal to or more than 5,000 square feet less than
10,000 square feet per floor
|
$150
|
B-6
|
3-to-5 story over 10,000 square feet per floor
|
$200
|
(3) Retail (mercantile).
M-1
|
Retail business under 1,000 square feet
|
$50
|
M-2
|
Retail business under 5,000 square feet
|
$100
|
B-3
|
Retail business over 5,000 square feet
|
$200
|
(4) Manufacturing (factory).
F-1
|
Moderate hazard
|
$200
|
F-2
|
Low hazard
|
$100
|
(5) Storage S-1 (moderate hazard S-1, low hazard S-2).
S-1
|
Moderate hazard under 1,000 square feet
|
$75
|
S-1
|
Moderate hazard under 5,000 square feet
|
$150
|
S-1
|
Moderate hazard over 5,000 square feet
|
$250
|
S-2
|
Low hazard under 1,000 square feet
|
$50
|
S-2
|
Low hazard under 5,000 square feet
|
$75
|
S-2
|
Low hazard under 5,000 square feet
|
$150
|
S
|
Exception life hazard uses
|
|
(6) Residential (LEA listed with multifamily BH): Fee is for each building.
R-1
|
1 to 6 units
|
$25
|
R-2
|
7 to 12 units
|
$50
|
R-3
|
13 to 20 units
|
$75
|
R-4
|
21 to 50 units
|
$100
|
R-5
|
For each additional unit
|
$25
|
(7) Common areas (each building).
R-1
|
1 and 2 story less than 5,000 square feet per floor
|
$50
|
R-2
|
1 and 2 story equal or more than 5,000 square feet Less than
10,000 square feet per floor
|
$75
|
R-3
|
1 and 2 story more than 10,000 square feet
|
$100
|
R-4
|
3-to-5 story less than 5,000 square feet per floor
|
$125
|
R-5
|
3-to-5 story equal to or more than 5,000 square feet less than
10,000 square feet
|
$150
|
R-6
|
3-to-5 story over 10,000 square feet
|
$200
|
(8) Use Group (U) miscellaneous.
U-1
|
Farms
|
$50
|
U-2
|
Utility and miscellaneous uses
|
$50
|
B. R-1 uses
shall be inspected and charged a fee only upon sale or change of tenant.
C. Uses not
classified above that are subject to the Uniform Fire Code will be
classified as business uses.
D. Uses required
to register with the state as life hazard uses shall not be required
to register under this section.
E. Unoccupied
or vacant buildings will be charged and inspected in accordance with
requirements of N.J.A.C. 5:70-2.7 and 5:70-2.9 according to the previous
use of the building.
F. All residential
uses except R-A uses shall be inspected in the common areas only.
[Added 3-24-2022 by Ord. No. 6-2022]
A. The application
fees for the permits listed in N.J.A.C. 5:70-2.7(b) and 5:70-2.9(c)
shall be as provided by state regulation and are currently as follows:
B. The cost
for the issuance of a certificate of fire code status shall be $35.
[Added 3-24-2022 by Ord. No. 6-2022]
Fees for certificate of smoke alarm, carbon monoxide alarm and
portable fire extinguisher compliance (CSACMAPFEC), 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:
A. Requests
for CSACMAPFEC received more than 10 business days prior to the change
of occupant: $45;
B. Requests
for CSACMAPFEC received four to 10 business days prior to the change
of occupant: $90;
C. Requests
for a CSACMAPFEC received fewer than four business days prior to the
change of occupant: $161.
[Amended 3-24-2022 by Ord. No. 6-2022]
The fees established by this article may be periodically adjusted
by resolution or amending ordinance to ensure compliance and consistency
with N.J.A.C. 5:70-2.7 and 5:70-2.9.
[Amended 3-24-2022 by Ord. No. 6-2022]
The Borough of Clayton shall defer to the Gloucester County
Fire Marshal's Office ordinance for matters governing organization,
appointments, qualifications, term of office, removal, inspections
of both life hazard uses and non-life-hazard uses, permits and inspection
fees, Board of Appeals, enforcement, violations and penalties, and
any other provisions of the Gloucester County Fire Marshal's Office
ordinance not otherwise inconsistent with this article.
[Added 5-9-2002 by Ord.
No. 4A-02; amended 2-9-2012 by Ord. No. 1-2012]
A. Requirement; designation. Fire lanes shall be designated as follows
for the efficient and effective use of fire apparatus, for firefighting,
police vehicles and ambulances, and/or the egress of occupants:
(1) Where needed and certain considerations.
(a)
The Fire Official of the local enforcing agency, with the approval
of the chief officer of the Fire Department, may establish fire areas
on property devoted to public and private use, in accordance with
N.J.A.C. 5:70-3.2(a)503.1, including, but not by way of limitation,
schools, shopping centers, strip malls, bowling alleys, drive-in theaters,
houses of worship, swimming pools, warehouses, factories, restaurants,
nightclubs, etc., and similar uses.
(b)
The number, location, width, length, and markings shall be at
the discretion of the Fire Official, when the markings detailed cannot
be strictly complied with.
(c)
Consideration is to be given to the size, type, and location
of the building or buildings, the number of persons using and occupying
the premises, existing means of egress and ingress, the total area
of the property, including the size of the parking lot or lots, and
all other relevant factors.
(2) Concurrent jurisdiction. The Clayton Police Department shall have
the concurrent jurisdiction with the office of the Gloucester County
Fire Marshal to enforce the provisions of this section for the designated
fire lanes approved by the Fire Official.
[Amended 12-14-2017 by Ord. No. 28-2017]
(3) Existing fire lanes. Any and all fire lanes created by prior ordinance are hereby continued in effect, and when repairs or modifications are made to such fire lanes, they shall be brought into conformity with this section, as much as shall be practical in the Fire Official's judgment. The standard for exercise of said judgment shall conform to those contained in Subsection
A(1) above.
B. Markings. The owner shall, within 30 days of being given a notice
to do so by the Fire Official, mark the lane(s) as follows:
(1) Signs, with minimum dimensions of 12 inches by 18 inches, constructed
of metal and with raised red letters a minimum of two inches in size
on a white background, shall be posted at a level of at least seven
feet above grade, indicating "No Parking Any Time," "Parking in Designated
Stalls Only" or "No Stopping or Standing," at the Fire Official's
discretion, after giving due consideration to the needs of the fire
service and the public. Immediately under these signs shall be another
sign with a minimum dimension of 12 inches by six inches, saying "Fire
Lane Vehicle Towed at Owner's Expense," or "Fire Lane No On-Street
Parking, Vehicle Towed at Owner's Expense." Spacing of signs shall
be even with a minimum of one sign for every 50 feet of fire lane
or part thereof, or as ordered by the Fire Official. All signs and
markings must be unobstructed and visible for a distance of at least
100 feet when viewed from a position approximately five feet above
ground while in the fire lane.
(2) The area of a fire lane on improved areas shall be delineated along
its entire length with yellow lines 18 inches in width. Between the
yellow lines shall be marked "No Parking Fire Lane" in yellow letters
18 inches in height. The number of times this wording is to be repeated
shall be at the discretion of the Fire Official, with the recommended
spacing to be at one-hundred-foot intervals and spaced so as to be
between and alternate with the metal signs required above. If the
designated fire lane abuts a curb, the curbing shall be yellow in
color where it abuts the fire lane.
C. Definitions. For the purposes of fire lane enforcement, the following
terms are defined:
FIRE LANE
An area necessary to provide safety for the public or to
provide proper access for emergency vehicles in the event of an emergency.
NO ON-STREET PARKING
A vehicle may not be parked along the street unless loading
or unloading passengers or materials with a limit of five minutes.
NO PARKING ANY TIME
A vehicle may not be parked within the designated area unless
loading or unloading passengers or materials with a time limit of
five minutes.
NO STOPPING OR STANDING
No vehicle may be stopped within the designated zone, whether
or not attended or unattended, with or without motor running or brakes
set.
D. Size. Fire lanes for vehicle access shall be a minimum of 18 feet
in width or as approved by the Fire Official. Fire lanes for egress
of occupants shall be a minimum of at least the width of the exitway
served.
E. Notification. Once a fire lane has been designated by the Fire Official,
approved as provided above and properly marked by the owner of the
premises, the appropriate Fire Official shall notify the Police Department,
Construction Office, Code Enforcement Officer and Municipal Court
Administrator in writing of the existence and location of the designated
fire lane(s).
[Amended 5-10-2018 by Ord. No. 9-2018]
F. Unpaved areas. Unpaved fire lanes installed on public or private
property shall comply with the "Fire Lane Typical Details" installation
methods and be approved by the Fire Official. Signs and markings shall
be provided as required by the Fire Official and this section.
G. Restricted areas. Gates, chains or other approved method may be utilized
to prevent unauthorized access to an installation, provided such restrictions
will not impede access by firefighting apparatus or other emergency
vehicles. The Fire Official shall determine whether any changes or
deviations from the approved method may be utilized.
[Amended 5-10-2018 by Ord. No. 9-2018]
H. Installation; maintenance. Fire lanes shall be installed and maintained
by the owner of the premises or a designee in conformity with the
provisions of this section. Fire lanes in existence prior to enactment
of this section shall be required to conform to the provisions herein
at the discretion of the Fire Official. Fire lanes must be accessible
for fire apparatus at all times.
I. Parking, standing and obstruction prohibited.
(1) Designated fire lanes shall be maintained free of snow and obstructions,
including vehicles, at all times.
(2) The Fire Official, his designee, or a police officer of the Borough
of Clayton shall have the authority to remove or have removed such
obstructions or vehicles as may violate any provision of this section,
at the expense of the owner of the premises in the case of obstruction
or at the expense of the owner of the vehicle. The presumption of
ownership may be overcome by proof furnished to the satisfaction of
the Municipal Court or Superior Court, Law Division, that some other
person was the actual offender.
[Amended 5-10-2018 by Ord. No. 9-2018]
(3) It shall be a separate violation of this section for any driver or
operator of any motor vehicle to fail to present a driver's license
and/or vehicle registration upon demand of any person authorized to
enforce this section when requested as part of the enforcement procedure.
J. Notice of violation. The Fire Official or police officer may complete
a municipal summons or a notice of violation, and said summons or
notice of violation shall be issued to all offenders by personally
serving the same upon any offender, or if the offender is not in attendance
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. Violation of this section shall be subject to a penalty
as set forth in the Uniform Fire Code.
[Amended 5-10-2018 by Ord. No. 9-2018]
K. This section shall supersede any and all provisions of any other
ordinance promulgated for the enforcement of parking in fire lanes.
Enforcement shall only be done by personnel from either the office
of the Gloucester County Fire Marshal or the local Police Department.
Personnel enforcing these provisions shall be either uniformed or
carry appropriate identification.
[Amended 12-14-2017 by Ord. No. 28-2017]