[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin 11-9-2010 by Ord. No. 16-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 34.
Building construction — See Ch. 96.
Smoke control — See Ch. 316.
[1]
Editor's Note: This ordinance also repealed former Ch.
124, Fire Prevention, derived from Ch. XVI of the 1975 Code, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A
52:27D-192 et seq., the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1
et seq.) shall be locally enforced in the Borough of Franklin.
The local enforcing agency shall be the Office of the Fire Marshall
for the County of Sussex, which shall hereinafter be known as the
local enforcing agency.
A.
Within the established boundaries of the Borough of Franklin, the
local enforcing agency shall enforce the Uniform Fire Code in all
buildings, structures, and premises other than owner-occupied buildings
of less than three dwelling units used exclusively for dwelling purposes
and buildings, structures, and premises owned or operated by 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.
A.
The Fire Official established by § 124-2 of this chapter shall be created and supervised by the County of Sussex and shall meet all of the requirements of the applicable law and regulations.
B.
Appointment of Fire Official. The Fire Marshall/Official of the Office
of the Fire Marshall of the County of Sussex shall be a state-certified
fire official appointed by the Freeholders of the County of Sussex
consistent with the procedures set forth in the applicable law and
regulations. The Sussex County Freeholders may appoint inspectors
and other employees of the enforcing agency consistent with applicable
laws and regulations. All life hazard use inspectors shall be certified
by the state.
The Office of the Fire Marshall of the County of Sussex established by § 124-2 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 the New Jersey Department of Community Affairs.
A.
In addition to the registrations and permits required by the Uniform Fire Code, all other uses subject to Uniform Fire Code inspections shall register with the Office of Fire Marshall, County of Sussex. These uses shall be inspected once per year and shall pay an annual fee based upon fees set forth in Chapter 119 and/or the Uniform Fire Code.
B.
Uses requiring registration with the state as life-hazard uses shall
not be required to register or pay fees pursuant to this section.
C.
Vacant buildings that create a fire hazard shall be charged and inspected
according to the schedule above.
D.
Owners of more than one use at a given location shall pay a full
fee for the largest use and one-half fee or fees for any subsequent
use or uses.
The application fees for the permits listed in N.J.A.C. 5:70-2.7
shall be as specified in the Uniform Fire Code.
Pursuant to N.J.S.A. 52:27D-206b and 52:27D-208c, any person
aggrieved by any action of the local enforcing agency shall have the
right to appeal to the Uniform Construction Code Board of Appeals
of the County of Sussex.
Enforcement, violations, and penalties shall be managed in conformity
with the Uniform Fire Safety Act, the Uniform Fire Code and all other
laws of the State of New Jersey.
A.
The Fire Chief or duly authorized representatives, as may be in charge
at the scene of a fire or other emergency involving the protection
of life and/or property, is empowered to direct such operations as
may be necessary to extinguish or control any suspected or reported
fires, gas leaks or other hazardous conditions or situations or of
taking any other action necessary in the reasonable performance of
their duty.
B.
The Fire Chief may prohibit any person, vehicle or object from approaching
the scene and may remove or cause to be removed from the scene any
person, vehicle or object which may impede or interfere with the operations
of the Fire Department.
C.
The Fire Chief may remove or cause to be removed any person, vehicle
or object from hazardous areas. All persons ordered to leave a hazardous
area shall do so immediately and shall not re-enter the area until
authorized to do so by the Fire Official.
D.
It shall be unlawful to interfere with, attempt to interfere with,
conspire to interfere with, obstruct or restrict the mobility of or
block the path of travel of any Fire Department emergency vehicle
in any way, or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any Fire Department operation.
E.
It shall be unlawful to willfully fail or refuse to comply with any
lawful order or direction of the Fire Official or to interfere with
the compliance attempts of another individual.
A vehicle shall not be driven or propelled over any unprotected
fire hose of the Fire Department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the Fire Chief in command of said operation.
A person shall not, without proper authorization from the Fire
Chief in charge of said Fire Department emergency equipment, cling
to, attach himself to, climb upon or into, board or swing upon any
Fire Department emergency vehicle, whether the same is in motion or
at rest, or sound the siren, horn, bell or other sound-producing device
thereon, or manipulate or tamper with or attempt to manipulate or
tamper with any levers, valves, switches, starting devices, brakes,
pumps or any equipment or protective clothing on or a part of any
Fire Department emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt
or conspire to damage or deface any Fire Department emergency vehicle
at any time, or to injure or attempt to injure or conspire to injure
Fire Department personnel while performing departmental duties.
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes, or on private property.
If, upon the expiration of the time mentioned in a notice of violation,
obstructions or encroachments are not removed, the Fire Chief shall
proceed to remove the same. Cost incurred in the performance of necessary
work shall be paid from the Municipal Treasury on certificate of the
Fire Chief and with the approval of the Chief Administrative Official,
and the legal authority of the municipality shall institute appropriate
action for the recovery of such costs.
A person shall not use or operate any fire hydrant intended
for use of the Fire Department for fire suppression purposes unless
said person first secures a permit for such use from the water company
having jurisdiction. This subsection shall not apply to the use of
such hydrants by a person employed by, and authorized to make such
use by, the water company having jurisdiction.
The Fire Chief shall recommend to the Chief Administrative Official
of the municipality the location or relocation of new or existing
fire hydrants and the placement or replacement of inadequate water
mains located upon public property and deemed necessary to provide
an adequate fire flow and distribution pattern. A fire hydrant shall
not be placed into or removed from service until approved by the Fire
Official.
A person shall not obstruct, remove, tamper with or otherwise
disturb any fire hydrant or fire appliance required to be installed
or maintained under the provisions of the Fire Prevention Code except
for the purpose of extinguishing fire, training or testing purposes,
recharging or making necessary repairs or when permitted by the Fire
Official. Whenever a fire appliance is removed as herein permitted,
it shall be replaced or reinstalled as soon as the purpose for which
it was removed has been accomplished. Defective and nonapproved fire
appliances or equipment shall be replaced or repaired as directed
by the Fire Chief and Chief Administrative Officer of the Borough.
A.
Fire lanes established. In order to provide access for fire apparatus
to commercial, multifamily and industrial structures, the Borough
Fire Chief may recommend that fire lanes be established in accordance
with the specifications contained in this section.
B.
Planning Board review.
(1)
All requests and recommendations concerning fire lanes shall be submitted
to the Planning Board in writing by the Borough Fire Chief along with
a site plan that shall depict the proposed fire lane(s). A copy of
the request or recommendation shall be sent to the property owner.
The property owner shall also be provided written notice of the time
and place when the Planning Board will consider the fire lane recommendation.
The Planning Board shall conduct its review and provide a written
response to the Fire Chief with the Planning Board's decision
in regard to the fire lane.
(2)
Upon the review and approval by the Planning Board of a fire lane, the Fire Chief shall notify the property owner in writing of the Planning Board's decision and, in the event that a fire lane is required, the notice shall describe the designated fire lane area, the reason for the designation and the responsibility of the property owner to install signage and pavement markings in accordance with this section. All expenses related to the installation of the signage and pavement markings shall be the responsibility of the property owner. The installation of the signage and pavement markings shall be completed by the property owner within 45 days following notification by the Fire Chief. Failure to install the signage and pavement markings may subject the property owner to penalties as provided for in Chapter 1, General Provisions, of the Borough Code.
C.
Delineation and marking.
(1)
Each fire lane shall be striped along the perimeter with a yellow
stripe not less than four inches wide. The actual width of a fire
lane shall not be less than 18 feet.
(2)
Each fire lane shall be clearly marked on the surface of the pavement
"Fire Lane No Parking" with yellow letters no less than 24 inches
high. This wording shall be located horizontally and between the perimeter
lines and shall be repeated throughout the fire lane.
(3)
Each fire lane shall be clearly marked with a metal sign every 50
feet with a minimum of two signs. The metal signs shall be no less
than 18 inches by 24 inches with three-inch red letters, shall contain
a white reflective background and shall read as follows:
|
Fire Lane
| |
|---|---|
|
No Parking
| |
|
Tow-Away Zone
|
D.
Maintenance of fire lane. The owner of the property where the fire
lane is located shall properly maintain any such markings, striping,
curbing, and signage in the designated areas at all times. Defacing,
tampering with, or damaging any such markings, striping, curbing or
signage, or allowing them to deteriorate so as to reduce their effectiveness,
shall constitute violations of this section.
E.
Obstructions. It shall be illegal to park, stop, or leave standing
any vehicle, whether attended or unattended, or to place any obstruction
on lands, whether publicly or privately owned, in any designated fire
lane. It shall be illegal to park, stop, or leave standing any vehicle,
whether attended or unattended, or to place any obstruction on lands
within 10 feet of any fire hydrant or other water connection device.
F.
Removal of obstructions. A police officer, fire official or firefighter
actively engaged in fire-fighting activity is authorized to remove
or have removed obstructions or vehicles as may violate this section
at the expense of the owner of the premises, in the case of obstructions,
or at the expense of the owner of the vehicle, in the case of a vehicle.
The penalty provisions of Chapter 1, General Provisions, of this Code shall be applicable for all violations of this chapter for which penalties are not provided for under the Uniform Fire Safety Code and applicable sections of the Administrative Code adopted pursuant thereto.
