[HISTORY: Adopted by the Township Council
of the Township of Delran as indicated in article histories. Amendments
noted where applicable.]
[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.
(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.
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.
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:
(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]
[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.
BONFIRE
OPEN BURNING
RECREATIONAL FIRE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor fire utilized for ceremonial purposes.
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.
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.
