Township of Delran, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Delran as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 89.
Unfit buildings — See Ch. 100.
Uniform construction codes — See Ch. 118.
Fees — See Ch. 150.
Property maintenance — See Ch. 257.
[Adopted by Ord. No. 2003-11 (Ch. XV of the 1993 Revised General Ordinances)]
A. 
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.
B. 
The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
C. 
It is in the best interests of the Township of Delran to have the Uniform Fire Safety Act enforced locally.
D. 
All fire departments, fire companies and the Board of Fire Commissioners of Delran Township Fire District No. 1 have agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Code, N.J.A.C. 5:70-1.1.
Pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-202, the New Jersey Uniform Fire Safety Act and New Jersey Uniform Fire Code shall be locally enforced in the Township of Delran.
The local enforcing agency within the entire jurisdiction shall be the Bureau of Fire Prevention in the Delran Township Fire District No. 1, and which shall consist of the Fire Official, Fire Inspectors and support staff.
The local enforcing agency established by § 162-3 of this article and in accordance with N.J.A.C. 5:71-3.2 shall be a part of the Fire District and shall be under the supervision of the Board of Fire Commissioners of Delran Township Fire District No. 1 or such officer as the President of the Board of Fire Commissioners may designate. Such funds as may be necessary to support the operations of the agency shall be appropriated and raised by the Fire District in the manner provided by law. The Fire Official, who shall be designated as head of the local enforcing agency, shall report monthly to the Board of Fire Commissioners and shall report to Township Council from time to time as requested by Township Council.
A. 
Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of the Fire Official in charge of fire prevention in the Fire Department, who shall be appointed by the President of the Board of Fire Commissioners of Delran Township Fire District No. 1. The Fire Official shall be responsible for enforcing the Uniform Fire Code.
(1) 
General duties; terms of office. It shall be the duty and responsibility of the Fire Official to enforce the provisions of the Fire Prevention Code as herein set forth. The Fire Official shall serve for a tern of three fiscal years beginning January 1, or until a successor is appointed. Any vacancy shall be filled for the unexpired term. The Fire Official shall receive such compensation as is fixed by the Board of Fire Commissioners.
(2) 
Specific powers and duties of Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Fire Official shall:
(a) 
Take all actions necessary to enforce the provisions of the then-current New Jersey State Uniform Fire Code and to make all efforts to correct violations of the Code;
(b) 
Take all actions necessary to determine the cause of fires with the Township;
(c) 
Prepare policies and procedures for promulgation by the Board of Fire Commissioners; and
(d) 
Provide the Board of Fire Commissioners, the Mayor and Council with a detailed annual report of all services performed by the Fire Official, Deputy Fire Official and Fire Inspectors during the preceding year, which report shall include his or her recommendations for the maintenance and improvement of the Fire Official's office.
(3) 
Monthly report. A report of the Fire Official shall be made monthly and transmitted to the President of the Board of Fire Commissioners. It shall contain all proceedings under this code, with such statistics as the Fire Official may wish to include therein. The Fire Official shall also recommend any amendments to the code which, in his or her judgment, shall be desirable.
(4) 
Qualifications of Fire Official. To qualify for appointment to the office of Fire Official, an individual shall:
(a) 
Have served as a fire chief, assistant fire chief, or as a fire inspector under the Fire Official, heretofore known as the "Fire Marshal," for three or more years prior to appointment.
(b) 
Be certified by the state as a fire official.
(c) 
Have graduated from an approved fire school.
(d) 
Be a high school graduate or equivalent.
(e) 
Be a member of a volunteer fire company of the Township.
(f) 
Be a resident of Delran Township.
(5) 
Assistants. The Fire Official shall have, as described below, such deputies, assistants, inspectors and other employees as may, from time to time, be designated and appointed by the President of the Board of Fire Commissioners, which deputies, assistants, inspectors and/or other employees shall receive such compensation as is fixed by the Board of Fire Commissioners.
B. 
Appointment of Deputy Fire Official. The Board of Fire Commissioners may appoint a Deputy Fire Official who shall be under the supervision and control of the Fire Official.
(1) 
Qualifications of Deputy Fire Official. To qualify for the appointment to the Office of Deputy Fire Official, an individual shall have achieved the qualifications set forth in Subsection A(4) above.
(2) 
Powers and duties of Deputy Fire Official. Pursuant to N.J.A.C. 5:71-3.3, the Deputy Fire Official shall:
(a) 
Perform the duties and responsibilities of the Fire Official in his or her absence.
(b) 
Perform such duties as are assigned to him or her by the Fire Official.
(c) 
Have the power to issue notices of violation and orders to correct violations for the then-current Delran Township Fire Prevention Code and to assist in any legal proceedings taken against a violator of the Fire Prevention Code.
C. 
Appointment of Fire Inspector, assistants and other employees. Such inspectors, assistants and other employees as may be necessary in the local enforcing agency shall be appointed by the President of the Board of Fire Commissioners of Delran Township Fire District No. 1 upon the recommendation of the Fire Official. Such inspectors, assistants and other employees shall be under the supervision and control of the Fire Official.
(1) 
Qualifications of Fire Inspector. The Fire Inspector shall be certified by the state as a fire inspector and shall further meet the qualifications set forth in Subsection A(4)(c), (d) and (e) above.
(2) 
Powers and duties of Fire Inspector. Pursuant to N.J.A.C. 5:71-3.3(c), the Fire Inspector shall:
[Amended 8-25-2009 by Ord. No. 2009-11]
(a) 
Make fire prevention inspections to insure compliance with the requirements of the then-current Delran Township Fire Prevention Code.
(b) 
Make investigations as instructed by the Fire Official, Deputy Fire Official, or officer in charge of the fire scene to determine the cause of a fire.
(c) 
Issue citations for violations of the then-current Delran Township Fire Prevention Code and to assist in any legal proceedings taken against a violator of the code.
(d) 
Exercise such other powers and duties as the Fire Official shall prescribe.
D. 
Removal from office. The Fire Official, Deputy Fire Official, assistants, inspectors and other employees of the local enforcing agency shall be subject to removal by the Board of Fire Commissioners of Delran Township Fire District No. 1. Each individual to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
The local enforcing 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 Delran, other than owner-occupied one- and two-family dwellings, and shall faithfully 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.
The Bureau of Fire Prevention shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Department of Community Affairs.
Pursuant to N.J.A.C. 5:70-2.19 of the Uniform Fire Code, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Burlington County.
Fees for non-life-hazard-use inspections, smoke detector inspections in R-2 common areas and fire investigation reports shall be required, the amounts for which are set forth in Chapter 150, § 150-7, Fire safety.
All permit fees as indicated in N.J.A.C. 5:70-2.9(c) of the New Jersey Uniform Fire Code shall be adopted by the local enforcing agency for the purpose of enforcing this article.
Businesses not required to register with the New Jersey Division of Fire Safety under N.J.A.C. 5:70-2.6 shall register with the Delran Township Bureau of Fire Prevention, the fees for which are set forth in Chapter 150, § 150-7, Fire safety.
The local enforcing agency shall prepare an annual report of the fees received and expenses incurred with respect thereto, including the operation of the agency, and forward same to the Board of Fire Commissioners of Delran Township Fire District No. 1 no later than March 1 following each calendar year. Said report shall be in the same form and cover the same subject matter required by the Department of Community Affairs.
A. 
Fire lanes on private property. Fire lanes on private property shall be established, maintained and enforced in accordance with the provisions of N.J.A.C. 5:70-3.2(a)(3) as applies to Section 5:70-3.2, 503 Fire Apparatus Access Roads, which provides as follows:
[Amended 8-25-2009 by Ord. No. 2009-11]
(1) 
Designation. The Fire Official may designate fire lanes on private property (which shall remain on public file with the Fire Official) to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for Fire Department operation in the event of an emergency.
(2) 
Notification. Whenever a determination has been made for a fire lane designation, the Fire Official shall notify the owner of the property, in writing, by certified mail or by hand delivering such notice, specifically describing the area designated and the reason for making the designation.
(3) 
Marking of fire lanes. The marking of fire lanes shall be the responsibility of and at the expense of the property owner and shall be accomplished within 30 days of the receipt of the notification.
(4) 
Obstruction. It shall be a violation of this code for any person to park a motor vehicle in or to otherwise obstruct a fire lane.
B. 
Parking, stopping in or obstructing a fire lane.
(1) 
General prohibition. No person shall park or stop a motor vehicle in or in any other manner obstruct a properly designated fire lane as hereinafter described:
[Amended 9-28-2004 by Ord. No. 2004-18]
Fire Lanes
Block/Lot
Designation
Address
1/31.03
The access easement to Block 1, Lot 31
Dredge Harbor,
61 St. Mihiel Drive
9/30.05
The access roads on north, east and south sides of the building
2900 Cindel Drive
9/41.24
The curb along the front entrance and front of building at the rear of the property
Delran Center,
4037 Rt. 130 South
9/41.28
The front of the building (south), the (east) side of the building
4019 Rt. 130 South
9/46.03
The front (south) and the side (west) of the building
2929 Rt. 130 South
46/10,11,12 and 17
The front (south and west) access road to the building
5011 Rt. 130 South
107/1
The access road at the front (north) and the side (west) of the building
Millside Center,
4004 Rt. 130 North
107/2
The entire perimeter access road of the building
Heritage Square,
4000 Rt. 130 North
132/6
The entire east and west sides of the building
Mancini Center,
2910 Rt. 130 North
132/5
The access road at the east and west sides of the building and the front (north) area of the east wing
Tenby Plaza,
2904 Rt. 130 North
133/9.02
The access road front (west) of the building and playground
190 Tenby Chase Drive
65/18 and 21
The entire building perimeter access road, except for designated customer and contractor loading zones
9001 Rt. 130 South
120.07/19
The (north) end access road between curbs, the front (east) access road from the curb to the parking islands, and the rear (west) access road from Rt. 130 North
Hartford Corners,
1310 Fairview Boulevard
120/14.01
The front (west) access road from the curb to the parking islands from Rt. 130 North
Hartford Corners,
Bldg. #1,
1311 Fairview Boulevard
120.07/19
The front (east) access road from the curb to the parking islands, and the rear (west) access road from Rt. 130 North
Hartford Corners,
Bldg. #6,
1320 Fairview Boulevard
120/14.01
The front (west) access road from the curb to the parking islands, the end (south) access road, and the rear (east) access road from Rt. 130 North
Hartford Corners,
Bldg. #2,
1321 Fairview Boulevard
120.07/19
The front (east) access road from the curb to the parking islands, the rear (west) access road to Fairview Boulevard
Hartford Corners,
Bldg. #5,
1330 Fairview Boulevard
120/14.02
Around entire perimeter of building from the curbline out to the parking islands, except for designated customer/contractor loading zones, and the end (south) of the building
Hartford Corners,
1331 Fairview Boulevard
120/14.01
The front (north) access road from the curb to the parking islands, the rear (south) access road, and the access road end (west) to Fairview Boulevard
Hartford Corners,
Bldg. #3,
1341 Fairview Boulevard
120/14.01
The entire perimeter access road except the (north) front
Hartford Corners,
Bldg. #4,
1361 Fairview Boulevard
9-47.04
[Added 10-5-2005 by Ord. No. 2005-29]
Driveway to the east side of building
501 Delran Parkway
9-47.0
[Added 10-5-2005 by Ord. No. 2005-29]
Driveway to the east side of building, Driveway on the south side of the building
601 Delran Parkway
9-41.13
[Added 10-5-2005 by Ord. No. 2005-29]
Area of ingress and egress along the front and rear of building
1835 Underwood Boulevard
9-06.1
[Added 10-5-2005 by Ord. No. 2005-29]
Along the curbs on the north, south and east sides of the property
201 Carriage Lane
9.04.2
[Added 10-5-2005 by Ord. No. 2005-29]
The driveway to the south. Between the the designated parking spaces on the north, east and west side of the building. Between the designated parking spaces along the perimeter of the north parking lot
150 Carriage Lane
9.05.2
9.06-3
[Added 10-5-2005 by Ord. No. 2005-29]
The area of ingress and egress. The driveway behind the buildings. The front and sides between the building and the designated parking area.
203 Carriage Lane
205 Carriage Lane
207 Carriage Lane
9.04.1
[Added 10-5-2005 by Ord. No. 2005-29]
Between the building and the designated parking area on the north and west side. Between the building and curb on the south and east side
110 to 140 Carriage Lane
9-41.25
[Added 10-5-2005 by Ord. No. 2005-29]
The perimeter of the property along the curb
4019 Rt 130 South
110-32
[Added 10-5-2005 by Ord. No. 2005-29]
The driveway around the church, the driveway around the parish center and the north side (along the trees) of the parking lots adjacent to the church
260 Conrow Road
(2) 
Violations and penalties. Unless another penalty is expressly provided for by New Jersey statutes, each and every person violating the provisions of this subsection with regard to stopping, parking or obstructing a properly designated fire lane shall, upon conviction, be subject to a minimum mandatory fine of $100 and a maximum fine as set forth in § 1-5, Violations and penalties, of this Code, plus court costs, for each separate violation, which shall be enforced jointly by the Police and Fire Departments of the Township of Delran. In addition, the Police Department shall have the authority to cause said vehicle found in violation to be towed and stored at the expense of the owner.
[Amended 8-7-2005 by Ord. No. 2005-25]
(3) 
Enforcement of fire lane violations. Fire lane regulations shall be concurrently enforced by the Delran Police Department and the Bureau of Fire Prevention of the Delran Fire Department, including the Fire Official and Fire Inspectors. Violations of the fire lane regulations shall be considered Township ordinance violations, as well as violations of the Uniform Fire Code, N.J.A.C. 5:70-3.2(a)(3). Enforcement by the Police Department shall be handled as a Township ordinance violation or as a Uniform Fire Code violation. Enforcement by the local enforcing agency, the Fire Official and Fire Inspectors shall be pursuant to N.J.S.A. 52:27D-210 which provides for penalties under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., for violations of the Uniform Fire Code.
[Amended 8-7-2005 by Ord. No. 2005-25]
C. 
Portable cooking equipment. No person shall operate, use or maintain any open fire or any device commonly known as a "portable charcoal cooking device" in or on any apartment unit, porch, balcony, covered patio area or any other private area of an apartment or multifamily-dwelling unit.
D. 
Storage or parking of internal-combustion engine vehicles. No person shall store or park or cause to store or park any internal-combustion engine vehicle (including, but not limited to, those commonly known as a motorcycle, moped, go-cart, dirt bike, lawn mower, snow blower, etc.) in or on any apartment unit porch, balcony, covered patio area, entrance, exit or any other private area of an apartment or multiple-family dwelling.
E. 
Key lock box system.
[Added 10-5-2005 by Ord. No. 2005-29]
(1) 
The following structures shall be equipped with a key lock box:
(a) 
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system.
(b) 
Such structures that are secured in a manner that restricts access during an emergency.
(c) 
Structures equipped with an elevator.
(2) 
All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational.
(3) 
The Fire Official shall designate the type of key lock box system to be implemented within Delran Township and shall have the authority to require all structures to use the designated system.
(4) 
The lock box shall be installed in a location determined by the Fire Official six to eight feet above grade.
(5) 
The owner or operator of a structure required to have a key lock box shall, at all times, keep two sets of keys in the lock box that will allow for access to all doors. Keys within the lock box shall be labeled for easy identification either by the tenant name or indexed to a floor plan of the building and shall be kept current.
[Amended 8-25-2009 by Ord. No. 2009-11]
(6) 
Any person who owns a property subject to this section, who fails to install a key lock box shall be subject to a fine up to $500.
F. 
F.D.C. Caps.
[Added 10-5-2005 by Ord. No. 2005-29]
(1) 
Fire Department connections for sprinkler and stand pipe systems shall be equipped with locking caps of the type as designated by the Fire Official.
(2) 
All new installations shall have locking caps installed prior to final test of the system.
(3) 
Existing knock-off caps that are damaged or missing shall be replaced with the designated locking caps.
(4) 
All newly constructed buildings equipped with an automatic fire suppression system or standpipe shall conform to the following requirements for the Fire Department Connection (F.D.C.):
[Added 8-25-2009 by Ord. No. 2009-11]
(a) 
Thirty-degree elbow installed in downward position
(b) 
Five-inch-diameter connection utilizing Storz-type connections.
G. 
Padlocks.
[Added 8-25-2009 by Ord. No. 2009-11]
(1) 
The Fire Official shall have the authority to require padlocks to be compatible with the key lock box system.
[Amended 8-7-2005 by Ord. No. 2005-25]
Except as otherwise modified by this article, all penalties as indicated in the New Jersey Administrative Code, Title 5, Chapters 70 and 71 (Uniform Fire Code), shall be adopted for the purpose of enforcing this article. If no other penalty is otherwise provided for, any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, shall severally, for each and every such violation and noncompliance, respectively, be subject to the penalties set forth in § 1-5, Violations and penalties, of this Code, in the discretion of the court before whom such conviction may be had. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
[Added 8-25-2009 by Ord. No. 2009-11]
A. 
General. A person shall not cause or allow open burning unless approved in accordance with this section.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
OPEN BURNING
The burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE
An outdoor fire utilized to cook food for human consumption that is not contained to an incinerator, outdoor fireplace, and barbeque grill or barbeque pit. For a fire in an approved container, see "open burning." A recreational fire shall consist of no more than three seasoned logs with a maximum dimension of 14 inches by four inches in diameter.
C. 
Permits. Permits for agricultural burning and bonfires must be obtained as per N.J.A.C. 5:70-2.7.
D. 
Waste disposal. Open burning shall not be utilized for the purpose of waste disposal.
E. 
Location. Recreational fires shall not be conducted within 50 feet of a structure or combustible material. Conditions which could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
(1) 
Exceptions. Fires in approved containers shall be permitted, provided such fires are not less than 15 feet from any structure or combustible material.
F. 
Attendance. Open burning, bonfires, or recreational fires shall be constantly attended until the fire is extinguished.
G. 
Fire protection. A minimum of one portable fire extinguisher, complying with Section 906 of the N.J. State Uniform Fire Code, with a minimum 4-A rated fire extinguisher, two 2-A rated water fire extinguishers or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
H. 
Prohibited open burning. Open burning or recreational fire that is offensive or objectionable, because of odor or smoke emissions, in the opinion of the Fire Official, Fire Chief, or Fire Officer, or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited.
I. 
Extinguishment authority. The Fire Official, Fire Chief or Fire Officer is authorized to order the extinguishment by the property owner, resident, another responsible person or the Fire Department of open burning that creates or adds to a hazardous or objectionable situation.