[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.]
[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:
(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.
(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:
(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.
