Township of Cinnaminson, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 10-26-1971 by Ord. No. 1971-18 (Sec. 2.68 of the 1995 Code); amended in its entirety 9-14-1982 by Ord. No. 1982-16. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 220.
Fire insurance claims — See Ch. 277.
Smoke detectors — See Ch. 430.
[Amended 4-8-1985 by Ord. No. 1985-1; 12-9-1985 by Ord. No. 1985-12]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383)[1], the New Jersey Uniform Fire Code shall be locally enforced in the Township of Cinnaminson.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 12-9-1985 by Ord. No. 1985-12; 6-9-1986 by Ord. No. 1986-7; 8-11-1986 by Ord. No. 1986-15; 5-13-1987 by Ord. No. 1987-7; 5-13-1987 by Ord. No. 1987-8; 11-10-1993 by Ord. No. 1993-17; 4-17-2002 by Ord. No. 2002-8]
A. 
The local enforcing agency shall be the Fire District No. 1 in the Township of Cinnaminson, which shall be designated as the Bureau of Fire Prevention.
B. 
Duties. The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Cinnaminson, other than owner-occupied one- and two-family dwellings, and shall comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
C. 
Life-hazard uses. The local enforcing agency established in Subsection A shall conduct the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
D. 
Organization. The local enforcing agency established in Subsection A shall be under the direct supervision and control of the Fire Official, who shall report to the Board of Fire Commissioners.
[Amended 9-16-2009 by Ord. No. 2009-11]
E. 
Appointments; term of office; removal.
[Amended 1-24-2007 by Ord. No. 2007-2; 9-16-2009 by Ord. No. 2009-11]
(1) 
Appointment of Fire Official. Enforcement of the New Jersey Uniform Fire Code shall be under the direct supervision of the Fire Official, who shall be appointed by the Board of Fire Commissioners of the Cinnaminson Fire District No. 1 in compliance with the regulations set by the New Jersey Department of Personnel.
(2) 
Appointment of inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Board of Fire Commissioners of the Cinnaminson Fire District No. 1 in compliance with the regulations set by the New Jersey Department of Personnel.
F. 
Board of Appeals. Pursuant to N.J.S.A. 52:27D-206 and 52:27D-208 of the Uniform Fire Safety Act, any person aggrieved by any notice, order or action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Burlington County.
[Amended 9-16-2009 by Ord. No. 2009-11]
G. 
Non-life-hazard uses.
[Amended 1-24-2007 by Ord. No. 2007-2; 2-15-2010 by Ord. No. 2010-1; 9-16-2009 by Ord. No. 2009-11]
(1) 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth in Chapter 265 of the Township Code.
(a) 
Residential use group. This group includes buildings with dwelling units not listed as life-hazard uses by the New Jersey Division of Fire Safety, except one- or two-family owner-occupied units.
Type
Use
Type R-1
1 to 3 units
Type R-2
4 to 10 units
Type R-3
11 to 20 units
Type R-4
21 to 40 units
Each additional 20 units
(b) 
All assembly (A), business (B), factory (F), mercantile (M), storage (S), and utility (U) occupancies as defined by the Uniform Construction Code, and which are not considered life hazards by the Uniform Fire Code, shall be inspected every year. The fees for inspections are determined identified in Chapter 265 of the Code by use as follows:
(2) 
Type L uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, 500 square feet or less total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, 500 square feet or less total gross floor area.
(3) 
Type M uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, more than 500 square feet but less than 2,500 square feet total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, more than 500 square feet but less than 2,500 square feet total gross floor area.
(c) 
Storage buildings as defined by the New Jersey Uniform Construction Code, less than 2,500 square feet total gross floor area.
(4) 
Type N uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, 2,500 square feet or more but less than 5,000 square feet total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, 2,500 square feet or more but less than 5,000 square feet total gross floor area.
(c) 
Storage buildings as defined by the New Jersey Uniform Construction Code, 2,500 square feet or more but less than 5,000 square feet total gross floor area.
(5) 
Type O uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, 5,000 square feet or more but less than 7,500 square feet total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, 5,000 square feet or more but less than 7,500 square feet total gross floor area.
(c) 
Storage buildings as defined by the New Jersey Uniform Construction Code, 5,000 square feet or more but less than 7,500 square feet total gross floor area.
(d) 
Eating establishments with less than 50 occupants.
(6) 
Type P uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, 7,500 square feet or more but less than 10,000 square feet total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, 7,500 square feet or more but less than 10,000 square feet total gross floor area.
(c) 
Storage buildings as defined by the New Jersey Uniform Construction Code, 7,500 square feet or more but less than 10,000 square feet total gross floor area.
(d) 
Hotels and motels with 50 rooms or less and not defined as life-hazard uses.
(e) 
Buildings where less than 50 persons assemble for the purpose of amusement, entertainment, recreation centers and health spas.
(7) 
Type Q uses.
(a) 
Business uses as defined by the New Jersey Uniform Construction Code, 10,000 square feet or more but less than 15,000 square feet total gross floor area.
(b) 
Mercantile uses as defined by the New Jersey Uniform Construction Code, 10,000 square feet or more but less than 15,000 square feet total gross floor area and not defined as life-hazard uses.
(c) 
Storage buildings as defined by the New Jersey Uniform Construction Code, 10,000 square feet or more but less than 15,000 square feet total gross floor area.
(d) 
Factory and industrial uses as defined by the New Jersey Uniform Construction Code, not defined as life-hazard uses.
(e) 
Hotels and motels with 101 rooms or more and not defined as life-hazard uses.
(7.1) 
Miscellaneous fees: See Chapter 265, Fees.
(8) 
Required inspections. All additional uses as listed in the aforementioned schedule shall be inspected for compliance with the provisions of this chapter periodically but not less than specified therein:
(a) 
Type L uses: once every 12 months.
(b) 
Type M uses: once every 12 months.
(c) 
Type N uses: once every 12 months.
(d) 
Type O uses: once every 12 months.
(e) 
Type P uses: once every 12 months.
(f) 
Type Q uses: once every 12 months.
(9) 
Registration fees for all additional uses. See Chapter 265, Fees.
(10) 
Pumps or dispensing devices fee: See Chapter 265, Fees.
(11) 
Site plan fees: See Chapter 265, Fees.
(12) 
Permits. The permit fees to be charged by the Fire Official shall be in accordance with N.J.A.C. 5:70-2.9(c).
(13) 
Penalties. All penalties as indicated in the New Jersey Administrative Code, Uniform Fire Code, shall be adopted for the purpose of enforcing this chapter.
(14) 
Enforcement. If any annual inspection fee or any penalty is not paid within 30 days of its stated due date, the same may be recovered by, and in the name of the local enforcing agency, in a civil action by summary proceeding under the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.,[2] in the Cinnaminson Township Municipal Court.
(a) 
Annual audit. The local enforcement agency shall conduct an annual audit of the fees received and expenses incurred with respect thereto, including the operation of the agency, and forwarded to the Board of Fire Commissioners no later than January 31 of the next year. Said audit shall be in the same form and cover the same subject matter required by the Department of Community Affairs.
(b) 
Trash enclosures, dumpsters, and compactors containing combustibles shall not be placed in buildings or within 15 feet of the exterior of a building wall, opening, or roof eave line. Exception: if the unit is protected by an approved automatic sprinkler system in accordance with New Jersey Uniform Construction Code.
[2]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 were repealed by L.1999, c. 274, § 4.
(15) 
Technical amendments:
(a) 
Fire lane, fire zone and parking.
[1] 
Public buildings. Fire lanes/fire zones shall be designated on all land use plans and specifications for new construction or remodeling of any building. The Fire Official shall make recommendations as to the manner in which fire lanes and fire zones could be laid out to the owner and to the Planning Board and Zoning Board of Adjustment.
[2] 
Design. Each fire lane shall be constructed to a minimum width of 18 feet; 12 feet of which shall be paved, graveled or constructed of appropriate stable base capable of supporting fire apparatus. Construction of the fire lane can be combined with a pedestrian path appropriately located and constructed. The minimum vertical clearance shall not be less than 14 feet. All fire lanes shall be visually designated either by their form or by the material used in their construction. In the event that a stable base is used in order to have the fire lanes blend with the landscaping, their location shall be shown by appropriate shrubbery or other designation authorized by the Bureau of Fire Prevention, Cinnaminson Fire District No. 1. When determining the type of construction that is appropriate for the fire lane, consideration shall be given to the aesthetics of the site. When the turning radius is less than 28 feet of any travel lane, driveway, street, fire lane, fire zone, or Fire Department access road, the inside radius must be mountable curb and stabilized to accommodate fire apparatus with a weight of 80,000 pounds.
[3] 
Location. Fire lanes shall be located so as to serve the entire building from the building site, so as to provide the most direct means of access for all emergency vehicles and to be sufficiently close to the building to provide the means to provide protection for the structure while being far enough removed so as to provide safety for the emergency vehicles using the fire lanes in the event of the collapse of the building. However, the ultimate authority with respect to the determination for the location of the fire lanes and fire zones shall lie with the Fire Official of the Cinnaminson Fire District No. 1. The Fire Official shall make the aforesaid determination after reviewing recommendations of both the Township Engineer and Township Planner.
[4] 
Signs and markings. Fire lanes and fire zones shall be appropriately posted with signs indicating the words "No Parking - Fire Lane" or "No Parking - Fire Zone" in red letters on a white background, with a red line bounding the perimeter of the sign. Signs must be a minimum of 12 inches by 18 inches, made of rust-resistant reflectorized coating and posted at the ends of each fire lane and at one-hundred-foot intervals therein. Fire zone areas shall also be designated by covering the face and top of the curb or painting a four-inch line on the pavement of the prohibited area with a solid yellow color of paint. The above criteria for the painting of fire areas is to be considered the minimum, and additional painting may be placed on the site consisting of crosshatches, solid yellow areas or such other designations, in addition to the curb or four-inch strip on the pavement as may serve as to act as deterrent to parking in fire zones.
[5] 
Towing expense. Any vehicle that is towed as a result of a violation of this section shall be towed at the expense of the registered owner of such vehicle.
(b) 
Fire Department connections, fire hydrants and water supplies.
[1] 
Use of fire hydrants. A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such person first secures a permit for such use from the Fire Official and the water company. This section 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.
[2] 
Placement of fire hydrants and mains. The Fire Official shall report to the Planning Board, the Zoning Board, the property owner and/or the water company having jurisdiction on land use, subdivision(s), site plan(s), temporary use permits, and zoning approvals.
H. 
Annual audit. The local enforcing agency shall conduct an annual audit of the fees received and expenses incurred with respect thereto, including the operation of the agency, and forward the same to the Township Committee no later than April 1, 1986. Said audit shall be in the same form and cover the same subject matter required by the Department of Community Affairs.
[Added 10-9-1984 by Ord. No. 1984-17; amended 5-13-1987 by Ord. No. 1987-7]
The Township Committee hereby establishes within the Township of Cinnaminson a single fire district, to be known as "District No. 1 in the Township of Cinnaminson, County of Burlington," the territorial boundary of which shall be the entire Township of Cinnaminson, which shall be designated as the Bureau of Fire Prevention.
[Added 10-9-1984 by Ord. No. 1984-17]
A Board of Fire Commissioners consisting of five Fire Commissioners shall be as established by statute to administer the fire district, to be known as the "Commissioners of Fire District Number One in the Township of Cinnaminson, County of Burlington," and said Board shall have the powers, duties and functions within said fire district as provided by N.J.S.A. 40A:14-70 et seq. and all other applicable statutes.
[Added 10-9-1984 by Ord. No. 1984-17]
A. 
General. Pursuant to N.J.S.A. 40A:14-70, the Township Committee hereby directs the Township Clerk to conduct the initial election of five persons as Commissioners to the aforesaid Board of Fire Commissioners, said election to be conducted in accordance with a resolution adopted by the Township Committee and in accordance with applicable state law.
B. 
Nomination of candidates. Candidates for the initial election shall be nominated in accordance with the procedures and standards of N.J.S.A. 40A:14-71 which requires verified petitions to be filed at least 28 days prior to the date of the election set forth in the aforementioned resolution.
C. 
Notice. The Township Clerk shall provide the appropriate notice of the election of the Board of Fire Commissioners. It shall be published at least once in a newspaper circulating in the district at least six weeks prior to the date fixed for the election in the aforementioned resolution. The Clerk shall cause a further notice of the holding of the initial election to be published at least once not later than one week prior thereto in a newspaper circulating in the district.
D. 
Conduct of election. The election shall be conducted by the Township Clerk as set forth in N.J.S.A. 40A:14-77 and 40A:14-76. The Township Clerk is authorized to arrange for the use of voting machines in accordance with N.J.S.A. 40A:14-75. Ballots shall be prepared in accordance with the provisions of N.J.S.A. 40A:14-73.
E. 
Initial organization meeting. At the initial organization meeting to be held no later than 10 days from the date of the election and to be at a time and place as established by the Township Clerk, the newly elected Board of Fire Commissioners shall choose a Chairman and fix the time and place of the annual election and to perform such other duties as may be authorized by law.