This Part 1 shall be known and may be cited as the "Fire Prevention Code of the Borough of Beach Haven."
The provisions of this Part 1 shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this Part 1 shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property.
There is hereby created in the Fire Department the office of Fire Marshal.
The Chief of the Fire Department, the Fire Marshal or a deputy of either may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this Part 1, he or they may deem necessary to be made.
It shall be the duty of the Chief of the Fire Department, the Fire Marshal or a deputy of either to inspect all buildings and premises, except the interiors of private dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this Part 1 and of any other ordinance affecting the fire hazard, and to ensure compliance in all places of assembly with all laws, regulations and orders dealing with overcrowding, use of decorative materials, maintenance of exitways and maintenance of fire alarm and fire-detecting systems and fire-extinguishing systems and appliances.
Whenever the Chief of the Fire Department, the Fire Marshal, or a deputy of either shall find in any building or upon any premises dangerous or hazardous conditions as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Fire Department, the Fire Marshal, or a deputy of either:
A. 
Dangerous or unlawful amounts of combustible or explosive matter.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matter.
C. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
D. 
Accumulations of dust or waste material in air-conditioning systems or of grease in kitchen exhaust ducts.
E. 
Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
F. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a fire hazard.
The service of such orders as mentioned in § 95-6 may be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises.
The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, the Fire Marshal shall have the authority to require compliance immediately upon service of the order.
A. 
Any person to whom an order is directed who shall fail to comply with such order within the specified time shall be liable to a penalty as hereinafter provided.
B. 
When a person to whom an order is directed shall fail to comply within a specified time, the Fire Marshal shall have the authority to contract with others for the removal of such materials and charge the cost thereof to the person to whom the order is directed. The person removing material under a contract made hereunder shall be authorized to enter the premises and be authorized to remove such material. If the cost of removal is not paid within 30 days after the receipt of a statement therefor from the Fire Marshal, such cost shall be levied against the property upon which said fire hazard existed, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment is herein provided.
Permits required by the provisions of this Part 1 shall be obtained in writing from the Chief of the Fire Department, the Fire Marshal, or a deputy of either. Permits shall be for such period as the Chief of the Fire Department, the Fire Marshal, or a deputy of either may specify, but not exceeding one year. They shall be kept on the premises designated therein and shall be subject to inspection by any officer of the Fire or Police Departments. Inspection to be made before a permit is issued.
As used in this Part 1, the following terms shall have the meanings indicated:
APPROVED
Accepted by the Chief of the Fire Department, the Fire Marshal, or a deputy of either, as a result of investigation and experience, or by reason of test, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing authorities.
PERSON
Includes “person,” “persons,” firm, corporation or copartnership.
The storage, handling and use of flammable or explosive substances and the use or occupancy of buildings or premises shall be in conformity with nationally recognized standard practice for the safeguarding to a reasonable degree of life and property from the hazards of fire or explosion. Compliance with the provisions of the Fire Prevention Code recommended by the National Board of Fire Underwriters shall be deemed to be prima facie evidence of compliance with such nationally recognized standard practice for all matters not covered by this Part 1.