[HISTORY: Adopted by the Mayor and Council of the Township of Florence 11-1-2000 by Ord. No. 2000-22. Amendments noted where applicable.]
GENERAL REFERENCES076a Table B.1076b Table F.1076c Table S.1
Fire Department — See Ch. 15.
Alarm systems — See Ch. 35.
Blasting — See Ch. 47.
Uniform construction codes — See Ch. 64.
Housing standards — See Ch. 87.
Land development — See Ch. 91.
Public health nuisances — See Ch. 104.
Property maintenance — See Ch. 116.
Editor's Note: This ordinance also repealed former Ch. 76, Fire Prevention, adopted 12-18-1991 by Ord. No. 1991-42, as amended.
In accordance with the provisions of N.J.S.A. 52:27D-192 et seq., the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Township of Florence by the Bureau of Fire Prevention in the Florence Township Fire District No. 1.
The local enforcing agency shall be the Bureau of Fire Prevention in the Florence Township Fire District No. 1 and shall hereafter be referred to as the "Bureau."
The Bureau shall consist of the Fire Official/Marshal and such Fire Inspectors as may be required to carry out the intent of the code, as well as and any other support staff as may be required.
The Bureau shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures, and premises within the established boundaries of the Township of Florence, other than owner-occupied one- and two-family dwellings used exclusively for dwelling purposes, and faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The Fire Official/Marshal shall be hired by the Board of Fire Commissioners in accordance with New Jersey Department of Personnel regulations.
The Fire Official/Marshal shall enforce the New Jersey Uniform Fire Code, all related ordinances of the Township of Florence and those regulations set forth in the New Jersey Administrative Code or adopted locally in accordance with the authority vested by the New Jersey Uniform Fire Code.
The Fire Official/Marshal shall meet all qualifications for the position as required by law.
The Fire Official/Marshal shall:
Be in charge of the day-to-day operations of the Bureau.
Take all actions necessary to enforce the provisions of the Fire Safety Act.
Make or cause to be made an investigation of each occurrence of fire within the Township of Florence.
Provide the Board of Fire Commissioners, upon request, specific reports relating to the Bureau.
Establish standing operating procedures for the operation of the Bureau.
Respond to enforcement and information requests from the Township Administrator and provide the Township Administrator with such reports as may be requested by the Township Administrator.
Those Fire Inspectors as may be determined by the Board of Fire Commissioners to be necessary for the efficient operation of the Bureau shall be appointed or hired by the Board of Fire Commissioners as provided by law.
Fire Inspectors shall enforce the code and regulations in accordance with N.J.A.C. 5:71-3.3(c).
Fire Inspectors shall meet all qualifications for the position as required by N.J.A.C. 5:71, Subchapter 4.
Appointed personnel serving the Bureau shall be subject to removal by the Board of Fire Commissioners for inefficiency or misconduct or otherwise as provided by law. Each person proposed to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
The Bureau shall carry out the registration and periodic inspections of life-hazard uses as required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
In addition to the inspections and fees required pursuant to the New Jersey Fire Safety Act and the Regulations of the State of New Jersey Department of Community Affairs, additional inspections and fees shall be required for local uses, none of which shall apply to fees or inspections of life-hazard uses as governed by the New Jersey Uniform Fire Safety Act.
Whenever the Fire Official/Marshal shall have cause to believe a building or use is a local use, he shall serve a registration survey on the owner of the building or use. It shall be a violation of this chapter for an owner to fail to complete and return the survey within 30 days of receipt of same.
A registration survey shall contain at least the following information:
The name, address, and telephone number of the applicant.
The name, address, and telephone number of the use.
A description of the use being registered, including:
The geographical location, including block and lot number;
The height of the building in which the use is located;
The location of the use in the building;
The floor area of the use;
The capacity, when the use is public assembly; and
A description of the processes carried out or materials stored.
When more than one local use exists at a given business or entity, only the primary use shall be registered, with the remaining uses listed as accessory uses incidental to the primary use.
When applying for registration and thereafter as required by this chapter, the owner of each local use shall appoint an agent for the purpose of receiving service of process and orders or notices issued by the Bureau pursuant to this chapter. Each agent shall be either a resident of this state or a corporation licensed to do business within this state. If the owner of a local use has not fulfilled the requirements of this section, the Fire Official/Marshal shall notify the owner, in writing, that he is in violation of this section and shall order that registration be accomplished within 30 days. The notice and order shall include an accurate restatement of the subsection with which the owner has not complied.
Failure to comply with the order of the Fire Official/Marshal within 30 days of the date on which it was received by the owner shall result in the imposition of a penalty in the amount of $500 for each such failure. Each day of continued failure to comply shall constitute a separate violation.
All local uses shall be inspected in accordance with § 76-10 of this chapter for compliance with the provisions of the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq. Where, in the opinion of the Fire Official/Marshal, there exists a condition liable to cause fire, contribute to the spread of fire, interfere with fire-fighting operations, endanger life or property or cause violations of the provisions or intent of this code, he shall inspect as often as necessary for the purpose of ascertaining these conditions and causing them to be corrected.
[Amended 2-2-2005 by Ord. No. 2005-6]
[Amended 2-2-2005 by Ord. No. 2005-6; 5-3-2006 by Ord. No. 2006-12]
Local uses are defined by square footage, regardless of use. The only exceptions are R-1 uses, R-2 uses and churches. All local uses shall be inspected annually.
Doubtful local use classifications. When a building or structure is not specifically provided for in this chapter or the classification of which is doubtful, the building or structure shall be included in the local use group which it most nearly resembles in respect to the existing life and fire hazard, and it shall be so classified by the Fire Official/Marshal.
[Amended 2-2-2005 by Ord. No. 2005-6]
The owner of a local use registered within the Township of Florence shall pay an inspection fee in the amount specified in this section. Inspection fees shall be paid when due. It shall be the responsibility of the Fire Official/Marshal to ensure the collection of inspection fees. It shall be the responsibility of the owner to pay the fee to the Fire Official/Marshal. The owner of a local use shall pay the inspection fee within 30 days of the day on which it was required by the Fire Official/Marshal. For failure to pay the required inspection fee within 30 days of the day on which it was demanded, the owner shall be subject to a penalty in the amount equal to the amount of the inspection fee. Should an owner fail to make the required payment of both the inspection fee and penalty, the Fire Official/Marshal may, pursuant to N.J.S.A. 2A:58-10 et seq., issue a certificate to the Clerk of the Municipal Court stating that the owner is indebted to the local enforcing agency for the payment of the inspection fee, and the Clerk shall immediately enter upon his record of docketed judgments the name of the owner and of the local enforcing agency a designation of the ordinance under which fee is assessed, the amount of the fee is certified and the date the certification was made. The making of the entry shall have the same effect as the entry of the docketed judgment in the office of the Clerk, but without prejudice to the owner's right of appeal.
Where more than one local use exists under one ownership at a given structure location, only the inspection fee for the primary local use registered shall be charged.
The following fees shall be paid to the Florence Township Fire District No. 1 for local inspections and registration:
[Amended 2-2-2005 by Ord. No. 2005-6]
Permits required pursuant to the Uniform Fire Code shall be charged by the Fire Official/Marshal and paid to the Florence Township Fire District No. 1.
Fire investigation reports that may be requested from the Bureau shall be provided for a fee of $25. Photographs will be provided at cost, plus an administrative fee of $10. Diagrams will be provided for a fee of $10 per page.
The fee for the issuance of a certificate of smoke detector/CO detector compliance as required by N.J.A.C. 5:70:2.3 shall be:
Forty dollars for requests received 14 days or more prior to the date on which it is needed.
Fifty dollars for requests received seven days to 13 days prior to the date on which it is needed.
Seventy-five dollars for requests received two days to six days prior to the date on which it is needed.
One hundred twenty-five dollars for requests received with less than 48 hours' notice.
The fee for the issuance of a certificate of fire code status shall be $25.
In accordance with the provisions of the Uniform Fire Safety Act, 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.
When code enforcement procedures of the abatement of a violation require the use of apparatus or manpower of any of the volunteer fire companies or fire district, the fee for each unit of apparatus used shall be $100 per hour. The fee for each firefighter involved in the enforcement or abatement activity shall be $15 per hour. The units of apparatus and number of firefighters for each enforcement or abatement activity shall be determined by the fire officer in charge at the scene of the activity.