[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro as indicated in article histories. Amendments noted where applicable.]
Article I Uniform Fire Code Enforcement
[Adopted 12-17-1985 by Ord. No. 85-20; amended in its entirety 5-11-2011 by Ord. No. 2011-05]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-202 et seq.), the New Jersey Uniform Fire Safety Code shall be enforced locally within the established limits of the Borough of Gibbsboro.
The local enforcement agency shall be the Office of the Fire Official of the Borough of Gibbsboro which agency shall be a part of the Department of Licenses and Inspection of the Borough of Gibbsboro and shall be appointed by the governing body of the Borough of Gibbsboro and shall be under the direct supervision and control of the governing body of the Borough of Gibbsboro. Such funds as may be necessary to support the operation of the agency shall be raised by the agency in a manner provided by law.
Term of office. The Fire Official shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
Appointment of inspectors and other employees. Inspectors and other employees necessary to carry out the requirements of the Uniform Fire Safety Act shall be appointed by the Governing Body with the advice of the Fire Official. Life hazard use inspectors shall be certified by the State of New Jersey.
Removal from office. The Fire Official, Fire Inspectors and other employees shall be subject to removal by the Governing Body for just cause. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or designated hearing officer.
The local enforcement agency 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 Fire Company No. 1, 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.
The local enforcement agency established by § 183-2 of this article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs, State of New Jersey. The life hazard use fees and application fees will follow the annual schedule provided in the New Jersey Administrative Code.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Camden County.
[Amended 11-11-2015 by Ord. No. 2015-08]
Residential use group. The residential use group shall include buildings with dwelling units not listed as a life hazard by the New Jersey Bureau of Fire Safety, except one- or two-family owner-occupied units.
Commercial, mercantile or industrial use group. The commercial, mercantile and industrial use group includes all buildings not listed as a life hazard by the State of New Jersey.
Buildings with or without attached dwelling units not in excess of 1,000 square feet: $50.
Buildings in excess of 1,000 square feet not exceeding 3,000 square feet: $75.
Buildings in excess of 3,000 square feet not exceeding 9,000 square feet: $100.
Buildings in excess of 9,000 square feet not exceeding 15,000 square feet: $170.
Buildings in excess of 15,000 square feet not exceeding 50,000 square feet: $215.
Buildings in excess of 50,000 square feet not exceeding 100,000 square feet: $285.
Buildings in excess of 100,000 square feet not exceeding 200,000 square feet: $475.
Buildings in excess of 200,000 square feet not exceeding 300,000 square feet: $705.
For each additional 100,000 square feet or part thereof: $245.
Each floor or story shall be calculated as separate areas for total building calculation.
Any vacant property will be required to have an exterior inspection done annually, for Fire Code and life safety violations (business/mercantile/commercial): $50.
Smoke detector inspections will be conducted on all one- and two-family residential dwellings for resale. Smoke detector inspections will be done on all rental properties at change of tenants. The fee for inspection and issuance of a certificate will be:
For requests made more than 10 business days prior to settlement: $50.
For requests made four to 10 business days prior to settlement: $75.
For requests made fewer than four business days prior to settlement: $125.
For a failure and reinspection fee: $35.
For failure to maintain a scheduled appointment or if entry is denied: $15.
The following buildings or structures if classified as non-life hazard, although not exempt from registration or inspection, will be exempt from paying an inspection fee as pursuant to the Act:
[Added 11-11-2015 by Ord. No. 2015-09]
There are a number of areas in the Borough where proper and efficient response of fire trucks and other fire equipment would possibly be impeded because of failure to designate certain areas as fire areas and regulate traffic and parking therein.
N.J.S.A. 40A:14-53 provides that the governing body of any municipality may, by ordinance, authorize the officials in charge of fire prevention and regulation to establish fire areas, to regulate traffic and parking therein and provide penalties for violations.
The Fire Official is the proper official in charge as aforesaid.
The Fire Official, with recommendations from the Fire Chief and Gibbsboro Police Chief, has made a careful review of the Borough to determine what areas should be so designated as fire areas.
The Borough Council is in agreement with the Gibbsboro Bureau of Fire Safety and Fire Official in regard to what areas should be so designated.
N.J.S.A. 40:48-2.46 gives the governing body of every municipality legal authority to make, amend, repeal and enforce ordinances to regulate vehicular and pedestrian traffic and the parking of vehicles in parking yards and parking places which are open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise.
Designation of fire areas; parking prohibited. The areas described on the schedules attached to and hereby made a part of this article shall be and are hereby designated as fire areas. No parking shall be permitted in such fire areas. (NOTE: All lane and area designations refer to sketches and/or site plans of the individual fire areas on file in the office of the Borough Clerk.)
Upon a finding that such action is necessary for the public safety, the Bureau of Fire Safety of the Borough of Gibbsboro may require the owner or owners of any shopping center, commercial structure, place of public assembly, multiple dwelling group, industrial park, office building, hotel or motel or school to designate "Fire Lane" in the driveways of the premises leading to and from the parking areas, loading areas, public streets or rights-of-way leading to the above type buildings or structures. Such fire lanes shall be no less than 18 feet nor more than 50 feet in width and shall be striped and lettered in yellow on a paved surface, such striping and lettering to remain legible at all times. Metal "Fire Lane" signs, the letters of same to be legible at all times, shall be provided, erected and maintained by said owner or owners and placed at the discretion of the Bureau of Fire Safety. Said signs are to be of a design and quality and lettered in accordance with applicable state law and approved by the Bureau of Fire Safety or its designee.
No person shall at any time park a vehicle or in any other manner obstruct any driveway or other area that has been designated as hereinabove provided as a fire lane. The obstruction of a designated fire lane by a parked vehicle or any other object is prohibited and shall constitute a traffic and fire hazard as defined in state law and the Uniform Fire Code and be an immediate hazard to life and property.
Special regulations for shopping centers.
Fire lanes shall be established in all shopping centers to ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress and to ensure the proper unobstructed ingress and egress of people to the properties and buildings located therein in the event of fire or other emergency and to ensure that, further, fire hazards are not in the vicinity of the properties and buildings.
The number, location, dimensions and markings of such lanes shall be determined by the Gibbsboro Bureau of Fire Safety based upon the size, type and location of the buildings in such shopping centers; the types of uses contained therein; the number of motor vehicles operated and parked upon the property; the number of persons using and occupying the premises; the existing means of ingress and egress; the total area of the property; and other relevant factors.
The Gibbsboro Bureau of Fire Safety is authorized to regulate, restrict and prohibit the parking and operation of motor vehicles in and near such fire lanes and to impose other reasonable regulations necessary to ensure that such lanes are free from obstruction.
The Gibbsboro Bureau of Fire Safety and the Police Department of the Borough of Gibbsboro shall have concurrent jurisdiction to enforce the provisions of this subsection.
Any violation of the provisions of this subsection shall be punishable by a fine of not less than $100 nor more than $500 or by imprisonment of not more than 90 days, or both, which shall be enforceable in the Municipal Court of Gibbsboro, Camden County, New Jersey. All fines issued by Gibbsboro Bureau of Fire Prevention personnel shall be made payable to the Gibbsboro Bureau of Fire Prevention, under the penalty. All fines issued by the Police Department personnel shall be made payable to the Borough of Gibbsboro.
The Fire Official shall cause to be issued a ticket book similar to a traffic ticket book for use in serving violations of this subsection.
Notwithstanding the penalties hereinabove provided for violations of this subsection, the Gibbsboro Bureau of Fire Prevention and Police Department shall be entitled to pursue any other remedy available at law or equity to enforce the provisions hereof.
Plan of markings.
Preparation. A plan indicating markings and signs to be made and erected, respectively, to designate the fire areas shall be prepared by the Gibbsboro Bureau of Fire Prevention after consultation with the Fire Chief and Gibbsboro Police Chief. The plans containing such markings and/or signs shall be placed on file in the office of the Borough Clerk.
Submission to property owner. After preparation of the plan by the Bureau of Fire Safety, it shall be submitted to the owner(s) of the real property which is to be designated as a fire area and the owner(s) of such real property shall have 90 days to make the markings and/or erect the signs as required therein. Failure to act within such 90 days shall be considered a violation of this section, and each day shall be considered a separate violation.
Maintenance of markings and area. After the markings and/or signs are installed in accordance with the plan, the property owner shall be required to maintain the same in good condition so the public will always be kept aware that the fire areas are restricted.