[HISTORY: Adopted by the Township Committee
of the Township of Wall 11-8-1978 as Ch. XIII of the Revised General Ordinances; amended in its entirety 11-24-2015 by Ord. No. 20-2015. Subsequent amendments noted where applicable.]
There is hereby adopted by the Township for the purpose of prescribing minimum requirements and controls to safeguard life, property and public welfare from the hazards of fire and explosion, the Uniform Fire Code and the New Jersey State Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), and all amendments and supplements thereto, and those amendments set forth in § 113-5 hereof. This shall be known as the "Local Fire Prevention Code."
A.
The Local Fire Prevention Code shall be enforced by the Bureau of
Fire Prevention as established through mutually executed shared service
agreements between the three Township-based fire districts. Per the
shared service agreements, the Bureau of Fire Prevention will be governed
by Fire District No. 3.
[Amended 11-21-2023 by Ord. No. 17-2023]
B.
Annual report. A report of the Fire Official shall be made annually
and transmitted to the chief executive officer of the Township; it
shall contain all proceedings under this code, with such additional
statistics as the Fire Official may wish to include therein. The Fire
Official shall also recommend any amendments to the code, which, in
his judgment, shall be necessary and/or appropriate.
A.
Local enforcement. Pursuant to Section 11 of the Uniform Fire Safety
Act, P.L. 1983, c. 383 (N.J.S.A. 52:27D-202), the New Jersey Uniform
Fire Code shall be enforced locally in the Township of Wall.
B.
Agency designation. The local enforcing agency shall be the Bureau
of Fire Prevention as established by the shared service agreement
between the three Township fire districts and managed by the Board
of Fire Commissioners Wall District No. 3.
[Amended 11-21-2023 by Ord. No. 17-2023]
C.
Duties of Bureau of Fire Prevention. The Bureau of Fire Prevention,
as established by the shared service agreement between the three Township
fire districts and managed by the Board of Fire Commissioners Wall
District No. 3, shall enforce the Uniform Fire Safety Act and the
Uniform Fire Code, and the codes and regulations adopted thereunder,
in all structures within the Township, and shall faithfully comply
with the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code. The Bureau of Fire Prevention, as established by the shared
service agreement between the three Township fire districts and managed
by the Board of Fire Commissioners Wall District No. 3, shall also
enforce the Local Fire Prevention Code in the Township.
[Amended 11-21-2023 by Ord. No. 17-2023]
D.
Life hazard uses. The Bureau of Fire Prevention, as established by
the shared service agreement between the three Township fire districts
and managed by the Board of Fire Commissioners Wall District No. 3,
shall carry out the periodic inspections of life hazard uses required
by the Uniform Fire Code.
[Amended 11-21-2023 by Ord. No. 17-2023]
E.
The Bureau of Fire Prevention.
[Amended 11-21-2023 by Ord. No. 17-2023]
(1)
The Bureau of Fire Prevention shall be established by the Board of
Commissioners of Wall District No. 3. Through the shared service agreements,
a Fire Bureau Committee has been established. The Committee, consisting
of two commissioners from each of the Township's three fire districts,
will act in a policy advisory role and will have oversight on major
operating issues such as budget development, report review, etc.
(2)
The Fire Official shall be appointed by the Board of Fire Commissioners
of Wall District No. 3, with the advice of the Fire Bureau Committee.
The term of office of the Fire Official shall be at the pleasure Wall
Fire District No. 3 with the consent of the Fire Bureau Committee.
The Fire Official shall supervise the enforcement of the Uniform Fire
Safety Act and the Local Fire Prevention Code within the Township
and any and all subordinate employees retained to carry out the requirements
thereof.
(3)
The Fire Official may be removed from office for cause by the Board
of Fire Commissioners of Wall District No. 3 after having been given
at least 10 days' notice of a hearing to be held by the Fire Bureau
Committee, at which time the Fire Official shall have the opportunity
to be heard on any charge against him.
(4)
Such inspectors or other employees as may be necessary to enforce
and administer the Uniform Fire Safety Act and the Local Fire Prevention
Code shall be appointed by the Board of Fire Commissioners Wall District
No. 3 with the advice of the Fire Bureau Committee. The salaries of
all employees of the Bureau of Fire Prevention shall be established
by the Board of Fire Commissioners Wall District No. 3 at the recommendation
of the Fire Bureau Committee.
F.
Board of Appeals. Pursuant to Sections 15 and 17 of the Uniform Fire
Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved
by any action of the local enforcing agency shall have the right to
appeal such action to the Construction Board of Appeals having jurisdiction
in the municipality in which the building, structure or premises is
located.
G.
Fees; inspections.
[Amended 12-19-2018 by Ord. No. 23-2018]
(1)
The permit fees established by the New Jersey Uniform Fire Code,
as established in N.J.A.C. 5:70-2.9, shall be followed. The Fire Official
may waive the permit fees in certain instances when such fees are
applied for the following:
(a)
Religious, charitable, and nonprofit organizations and/or government
agencies. When the permit is for an activity of an occasional nature
(not exceeding three times per year) and is part of religious observations
and/or training, and/or charitable organizations and/or other nonprofit
organizations, and/or governmental agencies of the Township. Additional
documentation verifying status of the organization may be required.
(b)
Such organizations mentioned in Subsection G(1)(a) above shall be responsible for submitting all applications as required by the code and conforming with all provisions of this chapter. The waiver applies directly to the applicant to be named on the permit, which must be a qualifying organization from Subsection G(1)(a) above. The waiver is only for the payment of otherwise required permit fees.
(2)
In addition to the inspections and fees required for life-hazard
uses pursuant to the Uniform Fire Safety Act and the regulations of
the Department of Community Affairs, the following fees will be assessed
for registration and inspections of all non-life-hazard uses by the
Bureau of Fire Prevention:
[Amended 11-21-2023 by Ord. No. 17-2023]
(a)
All commercial building registration and inspections:
[1]
Buildings:
|
Square Footage
|
Fee
|
|---|---|
|
Under 1,000
|
$70
|
|
1,001 to 2,000
|
$95
|
|
2,001 to 3,000
|
$125
|
|
3,001 to 5,000
|
$160
|
|
5,001 to 7,000
|
$195
|
|
7,001 to 10,000
|
$285
|
|
10,001 and over
|
$300 for first 10,001 square feet; $25 for each additional 1,000
square feet
|
[2]
Common areas: $100 per building. Common area inspections shall
include, but not be limited to, fire protection systems, basements,
laundry rooms, corridors, vestibules accessible to occupants, exterior
property grounds, utilities, building maintenance, fire lanes and
zones, and all other requirements set forth within the State Uniform
Fire Code. Such inspection applies to Condominiums, Cooperatives and
Mutual Housing Corporations. The Condominium Association, Cooperative
or Mutual Housing Corporation, is for the most part considered to
have the responsibilities of the "owner" and is responsible for the
registration of each building and for the correction of all cited
violations.
[3]
Multiple-family buildings of three or more dwelling units, which
are not owner occupied, operating within the Township of Wall are
to register with the Wall Township Fire Prevention Bureau. Such buildings
are subject to five-year periodic inspections to ensure compliance
with all applicable fire safety codes. The fee for such inspection
is $50 per dwelling unit. All hotels/motels that constitute life hazard
uses which are subject to registration with the Wall Township Fire
Prevention Bureau and are covered by the New Jersey State Fire Code,
N.J.A.C. 5:70-1.1 et seq., shall be exempt. Such facilities are to
adhere to applicable sections of the New Jersey Uniform Fire Code
for compliance.
[4]
Unoccupied or vacant building, premises, structure. Such units
must be inspected annually. Such units of 2,500 square feet or less
shall be charged an inspection fee of $42; spaces in excess of 2,500
square feet shall be charged an inspection fee to be determined by
the permit type. Square footage will determine the permit type and
associated fee pursuant to the New Jersey Fire Code.
(b)
Certificate of smoke alarm, carbon monoxide alarm, portable
fire extinguisher compliance (CSACMAPFEC).
[1]
The fee for any CSACMAPFEC and issuance of a certificate, as
required by N.J.A.C. 5:70-2.3, will be indexed to the scheduled inspection
date as it relates to the anticipated contract closing date as follows:
|
Scheduled Inspection Date
| ||
|---|---|---|
|
Type
|
More Than 5 Days Before Closing
|
5 or Fewer Days Before Closing
|
|
Initial inspection
|
$75
|
$125
|
|
First reinspection
|
$30
|
$40
|
|
Second and subsequent re-inspections
|
$40
|
$40
|
[2]
A fee of $30 will be charged for failure to maintain the scheduled
appointment or entry to the structure. The Fire Prevention Bureau
will make every attempt to schedule the inspections in a timely manner
in order to avoid any escalation of these fees.
[3]
All currently active volunteer members of any Township fire
company or first aid squad shall be entitled to an exemption from
payment of the CSACMAPFEC required for the sale of their primary residence,
which they are listed on the municipal tax records as the owner and
have occupied on a full-time basis for a minimum of 24 months prior
to certificate issuance. At time of CSACMAPFEC application, the applicant
is required to provide the Bureau of Fire Prevention a letter from
the applicable organization's fire chief/first aid captain, and/or
president or commissioner, confirming that the individual is an active
member in good standing for at least one year prior to date of inspection.
This exemption does not apply to reinspection fees.
H.
Enforcement; violations and penalties. Enforcement, violations and
penalties shall be assessed, levied and collected as set forth in
the Uniform Fire Safety Act (N.J.S.A. 52:27D-207 et seq.), the Uniform
Fire Code (N.J.A.C. 5:70-2.10 et seq.) and all other applicable laws
of the State of New Jersey.
I.
This fee schedule outlines the reimbursement of cost for standby
fire protection services as deemed necessary by the Fire Official
or his/her designee which applies to an event/situation, not conducted
by a government agency or municipality sponsored nonprofit organization,
that has the potential to cause a danger to public safety and well-being.
[Amended 11-21-2023 by Ord. No. 17-2023]
|
Resource Fees
| |
|---|---|
|
Type
|
Fee
(per hour/per resource)
|
|
Rescue pumper with foam*
|
$140
|
|
Fire tender (2,750+ gallons water)*
|
$115
|
|
Heavy rescue truck (no water tank)*
|
$95
|
|
Fire engine/aerial ladder (300 to 1,000 gallon water tank)*
|
$85
|
|
Fire Inspector (vehicle included)**
|
$45
|
|
Brush/utility truck*
|
$50
|
|
Command/support vehicle*
|
$20
|
|
Fire suppression personnel (minimum of 2)*
|
$30
|
|
Fees based off the FEMA 2021 Schedule of Equipment Rates
| |
|
NOTES:
| |
|---|---|
|
*
|
To be paid directly to fire district in which assignment is
taking place
|
|
**
|
To be paid directly to Wall Township Bureau of Fire Prevention
|
A.
Establishment of limits of districts in which storage of flammable
liquids in outside aboveground tanks is to be prohibited.
(1)
Storage of flammable liquids in outside aboveground storage tanks
shall be prohibited in all zones except industrial zones, and such
storage must comply with the Local Fire Prevention Code, the Uniform
Fire Code and the New Jersey State Uniform Fire Safety Act.
(2)
New bulk, processing or industrial plants, refineries or other plants
and distilleries and all buildings, tanks and equipment used for storage,
processing, distillation, refining or blending of flammable or combustible
liquids shall be prohibited in all zones except industrial zones and
must comply with the Local Fire Prevention Code, the Uniform Fire
Code and the New Jersey State Uniform Fire Safety Act.
B.
Establishment of limits of in which bulk storage of liquefied petroleum
gases is to be restricted. The bulk storage of liquefied petroleum
gas shall be prohibited in all zones except the industrial zones,
and such storage must comply with the Local Fire Prevention Code,
the Uniform Fire Code and the New Jersey State Uniform Fire Safety
Act.
C.
Establishment of limits in which storage of explosives and blasting
agents is to be prohibited. Storage of explosives and blasting agents
is prohibited in all zones except industrial zones, and such storage
must comply with the Local Fire Prevention Code, the Uniform Fire
Code and the New Jersey State Uniform Fire Safety Act.
[Amended 11-21-2023 by Ord. No. 17-2023]
[Amended 11-21-2023 by Ord. No. 17-2023]
Fire zones shall be established and enforced in accordance with
the Local Fire Prevention Code, the Uniform Fire Code and the New
Jersey State Uniform Fire Safety Act. The penalty for parking in a
marked fire zone shall be $125 per occurrence.
This chapter shall not be deemed to effect or interfere in any manner with the authority conferred by Chapter 140, Land Use and Development Regulations, of the Code of the Township of Wall upon the Wall Township Planning Board or the Wall Township Zoning Board of Adjustment to review and approve applications for site plan review.
[Amended 11-21-2023 by Ord. No. 17-2023]
A.
Fire pits or other similar devices are authorized within the Township
of Wall subject to the restrictions set forth in this chapter. For
the purpose of this chapter, a firepit shall be considered as any
outdoor fireplace unit built after obtaining permits and approvals
pursuant to the Uniform Construction Code; or
B.
Any equipment designed and used for outdoor fires and operated pursuant
to manufacturer's instructions.
C.
Limitation of size. All such fireplaces or firepits as set forth
above shall be no larger than three feet in diameter and two feet
in height and are required to have an approved screen or spark arrestor.
D.
Location requirements.
(1)
Such fireplaces or firepits may only be used at residential properties
containing two or fewer units and are prohibited from being used at
any commercial establishment or for any commercial use or at any multifamily
dwelling in excess of two units.
(2)
All such devices shall be kept at ground level and must be placed
upon a noncombustible surface such as brick or cement. No such devices
shall be permitted on any type of elevated landing, surface, deck,
stairway, roof or other elevated platform or portion of a structure.
(3)
Said devices are prohibited from being used within 15 feet of any
structure, including, but not limited to, homes, garages, sheds, showers
or other such structures.
(4)
Such devices are prohibited from being used within five feet of any
other combustible surface, including, but not limited to, bushes,
fences, pools, plants, shrubs, houses used for feeding of sheltering
animals or other combustible surfaces.
(5)
Said devices are prohibited from being used underneath any cave,
overhang, roof, wires, tree limbs, vegetation, gutter, downspouts
or decks.
E.
Unattended firepits prohibited. Any outdoor fireplace or firepit
must be constantly attended while in use and shall not be left unattended
while any burning, smoldering or heat generation is taking place.
F.
No fireplace or firepit shall be used in the Township of Wall other
than during the hours between 9:00 a.m. and 12:00 midnight.
G.
Certain burning prohibited. No trash or other waste such as garbage,
leaves, construction debris, rubbish, plastic materials, leather,
furniture or petroleum-based materials may be used to fuel any fire
in an outdoor fireplace or firepit within the Township of Wall. Only
dry, seasoned firewood or prepackaged "Duraflame" type logs may be
used as fuel for any fire in a fireplace or firepit within the Township
of Wall. The same shall be lighted by the minimal amount of newspaper
or wood kindling necessary. Under no condition shall a flammable or
combustible liquid such as lighter fluid, kerosene, gasoline or other
combustible liquid be used to start, fuel or otherwise enhance any
fire in a fireplace or firepit in the Township of Wall.
H.
Extinguishment required. No person shall leave the contents of a
firepit burning or smoldering and proper extinguishment of the same
is required. For the purpose of this chapter, proper extinguishment
of the contents of a firepit may be obtained by using a fire extinguisher
with a minimum of a 4A rating or a garden hose with suitable water
supply. The fire shall be properly and thoroughly extinguished and
ashes are to be properly disposed no sooner than 48 hours after burning.
Ashes may be stored in a metal can with a tightly fitted lid which
is located at least five feet away from any building or other combustible
surface or material.
I.
Enforcement. The Fire Chief of the Fire District in which the firepit
is taking place or his designee or officers of the Wall Township Police
Department may enforce this chapter. Anyone authorized to enforce
this chapter shall have the authority to immediately cause any person
using a firepit or fireplace within the Township of Wall to extinguish
the same and order that the same not be used for an appropriate duration
of time if said enforcement official believes that the continued use
of a firepit or fireplace may cause any of the following conditions:
J.
Precedence of Uniform Fire Code. This chapter shall not apply to
any burning that requires a permit to be obtained pursuant to the
New Jersey Uniform Fire Code. To the extent this chapter is in conflict
with the New Jersey Uniform Fire Code or the Uniform Construction
Code, said Code shall take precedence.
