Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River 5-8-2017 by Ord. No. 2017-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Department of Public Safety — See Ch. 72.
Alarm systems — See Ch. 99.
Uniform construction codes — See Ch. 129.
Fees — See Ch. 155.
Property maintenance — See Ch. 258.
[1]
Editor’s Note: This ordinance also repealed former Ch. 169, Fire Prevention, adopted 8-8-1985 by Ord. No. 1985-19 (Ch. 101A of the 1977 Code), as amended.

§ 169-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code shall be locally enforced in the Borough of South River.

§ 169-2 Enforcing agency designated.

The local enforcing agency shall be the County of Middlesex, Department of Public Safety and Health, pursuant to the shared services agreement authorized by N.J.S.A. 40A:65-1 et seq. The Borough Attorney shall assist said agency in enforcing its code. The designated attorney shall advise the agency and undertake such actions at law as the Fire Official shall deem necessary to gain compliance with the code.

§ 169-3 Duties of enforcing agency.

A. 
The local enforcement 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 South River, 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 Code.
B. 
The local enforcement agency shall also enforce the storage of explosives, blasting agents, flammable liquids and bulk storage of petroleum gases pursuant to the Uniform Fire Safety Act as well as all codes and regulations adopted pursuant to it.

§ 169-4 Life-hazard uses.

The local enforcing agency established by § 169-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 169-5 Organization.

The local enforcing agency established by § 169-2 of this chapter shall be under the direct supervision and control of the Fire Official.

§ 169-6 Fire Official; inspectors and employees.

A. 
Appointment of Fire Official who shall be designated by the County of Middlesex, Department of Public Safety and Health.
B. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the County of Middlesex, Department of Public Safety and Health.
C. 
Any notification and enforcement of the within provisions shall be made by the Fire Official pursuant to the Uniform Fire Safety Act.

§ 169-7 Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 27D-208), any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Middlesex County.

§ 169-8 Additional required inspections and fees.

In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, additional inspections and fees shall be required.

§ 169-9 Permits; fees.

A. 
Permits required.
(1) 
All permitting and fees shall be in accordance with the shared services agreement with the County of Middlesex.

§ 169-10 Collection of fines.

Any and all fines levied by the local enforcing agency shall be collected by the Violations Bureau of the Municipal Court of the Borough of South River in accordance with the shared services agreement with the County of Middlesex.

§ 169-11 Copy on file.

A copy of the new fire code, the New Jersey Uniform Fire Code and shared services agreement with the County of Middlesex is on file in the office of the South River Municipal Clerk.

§ 169-12 Automatic fire alarms and carbon monoxide alarms for residential use.

A. 
A structure used or intended for use for residential purposes classified as a Use Group R-3 or R-4 dwelling shall comply with the requirements set forth by N.J.A.C. 5:70-2.3.
B. 
Before any Use Group R-3 or R-4 structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), evidencing compliance with N.J.A.C. 5:70-4.19, from the appropriate enforcing agency.
C. 
Upon application for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), an applicant shall be charged a basic fee as provided in Chapter 155, Fees.
(1) 
In the event that a reinspection is necessary to complete the evidencing compliance, an additional fee of 1/2 the fee schedule shall be charged and shall be made payable prior to the receipt of the CSDCMAC certificate.
D. 
The Tax Collector of the Borough of South River shall provide to each person requesting a tax search from his or her office a statement calling attention with respect to smoke detectors and carbon monoxide alarms.
E. 
Any owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this section when the premises do not comply with said section or without complying with the inspection and certificate requirements of said section shall be subject to a fine not exceeding $500. Said section shall be enforced within the Municipal Court of the Borough of South River by the Fire Official or a representative of same.

§ 169-13 Fire areas and fire lanes.

A. 
The County of Middlesex Department of Public Safety and Health pursuant to the shared services agreement authorized by N.J.S.A. 40A:65-1 et seq., upon approval of the Borough Council in the form of an ordinance, is authorized to establish fire areas and/or fire lanes on quasi-public property and on property devoted to public use, including, but not by way of limitation, shopping centers, bowling alleys, drive-in theaters, churches, swimming pools and similar uses involving parking of a sufficient number of motor vehicles to make necessary such regulation for the protection of persons and property in case of fire or other emergency.
B. 
The fire areas and fire lanes shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress to and egress from such properties and the buildings, persons, vehicles, fire hydrants, including wall hydrants, and Siamese connections for automatic sprinkler and standpipe systems thereon in case of fire or other emergency.
C. 
Markings. The owner shall, within 30 days of being given a notice to do so by the Fire Official, mark the lane as follows:
(1) 
Signs constructed of metal and with raised red letters a minimum of two inches in size on a white background with the wording NO PARKING FIRE LANE shall be posted. Spacing of the signs shall be even, with a minimum of one sign for every 100 feet of fire lane or part thereof, or as ordered by the Fire Official.
(2) 
The area of the fire lane on improved areas shall be delineated along its entire circumference with yellow lines four inches in width. Within 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. The inside of the fire lane shall be further marked with diagonal striping yellow in color and four inches in width spaced at intervals of five feet. If the designated fire lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.
D. 
Size. Fire lanes for vehicle access shall be a minimum of 18 feet in width. 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 and properly marked by the owner of the premises, the Fire Official shall notify the Police Department, Construction Code Agency and Municipal Court Clerk, in writing, of the existence and location of the designated fire lane.
F. 
Unpaved areas. Unpaved fire lanes installed on public or private property shall comply with the fire lane typical details installation methods blueprint available from the South River Engineering Department and be approved by the Fire Official. Selection of a method to be used as per the typical details shall be subject to the approval of the Fire Official. Signs and markings shall be provided as required by the Fire Official.
G. 
Restricted access. Gates, chains or other methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Official prior to installation.
H. 
Installation and maintenance. Fire lanes shall be installed and maintained by the owner of the premises in conformance with the provisions of this section. Fire lanes in existence prior to the enactment of this section shall be required to conform to the provisions herein at the discretion of the Fire Official.
I. 
Obstructions. Designated fire lanes shall be maintained free of obstructions and vehicles at all times.
J. 
Approval of Borough Council. Any and all fire areas and fire lanes shall be determined by the Fire Official with the approval of the Borough Council, which shall be by ordinance, and designated accordingly.
K. 
The regulations as to the fire areas and fire lanes shall be jointly enforceable by the Fire Official and the South River Police Department.
L. 
Any person, firm or corporation found guilty in the Municipal Court of South River for a violation of the provisions of this section shall be subject to the penalties provided in Chapter 1, Article I, General Penalty. Each and every day a violation continues shall be considered a separate offense.

§ 169-14 Key box.

A. 
Installation. When a property is protected by an automatic alarm system and access to or within a structure or an area on that property is unduly difficult because of secured openings, and where immediate access is necessary for lifesaving or firefighting purposes, the Fire Official may require a key box to be installed in an approved location. The key box shall be of a type approved by the Fire Official.
B. 
Contents. The key box shall contain:
(1) 
Keys to locked points of ingress, whether on the interior or exterior of such buildings.
(2) 
Keys to locked mechanical equipment rooms.
(3) 
Keys to locked electrical rooms.
(4) 
Keys to elevator controls.
(5) 
Keys to other areas as directed by the Fire Official.
C. 
Exceptions. Subsections A and B above shall not apply to any residential units.

§ 169-15 Equipment rooms; barbecue grills.

A. 
Equipment rooms. No storage of any kind shall be permitted within any mechanical equipment, electrical, furnace or boiler room.
B. 
Barbecue grills. Barbecue grills shall not be located for use within or upon any building or within five feet laterally of any building wall or overhang.
C. 
Exceptions. Subsections A and B above shall not apply to one- and two-family dwellings.