[Adopted 6-27-1985 by Ord. No. 85-9]
[Amended 3-24-2022 by Ord. No. 6-2022]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Clayton.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[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:
(1) 
Type 1: $54.
(2) 
Type 2: $214.
(3) 
Type 3: $427.
(4) 
Type 4: $641.
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.
[1]
Editor's Note: Former § 59-17, Permits, and § 59-18, Waiver of fees, as amended, were repealed 3-24-2022 by Ord. No. 6-2022.
[1]
Editor’s Note: Former § 59-19, Legal representation, as amended, was repealed 12-14-2017 by Ord. No. 28-2017.
[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 AREA
The same as "fire lane."
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.
PARKING IN DESIGNATED STALLS ONLY
A vehicle may only be parked within an area so designated for parking.
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]