[HISTORY: Adopted by the Township Committee of the Township of Manalapan as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 105, Art. I, of the 1993 Code]
It is hereby adopted by the Township Committee for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "BOCA Basic/National Fire Prevention Code, 1984," and supplements thereto, except such portions as are hereinafter deleted, modified or amended, of which code not less than three copies of said code, similarly marked, have been placed on file in the office of the Municipal Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the Township limits.
The Bureau of Fire Prevention shall have power to waive or modify any of the provisions of the Fire Prevention Code upon application, in writing, by the owner or lessee or his duly authorized agent, when there are practical difficulties in the manner of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed, and the decision of the Bureau of Fire Prevention thereon, shall be entered upon the record of the Department, and a signed copy shall be furnished to the applicant, with a copy to the Township Committee. Application for waiver or modification shall be made through the Township Construction Code Official.
Whenever the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply, or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Bureau of Fire Prevention to the Township Committee of the Township within 30 days from the date of the decision appealed.
The Township Committee and the fire inspectors shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in said code. The Bureau of Fire Prevention shall post such list in a conspicuous place in its office and distribute copies thereof to interested persons.
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 and violate any of the detailed statements or specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken shall, upon conviction by the Municipal Court of the Township of Manalapan, forfeit and pay a fine not to exceed the sum of $500 or be imprisoned in the county jail for a term not to exceed 90 days, or both. These penalties shall also apply to each violation not covered by the New Jersey Uniform Construction Code. The imposition of the one penalty for any violation shall not excuse the violation nor permit it to continue; and such persons shall be required to correct or remedy such violation or defect within a reasonable time, when not otherwise specified. Each 10 days that the prohibited condition or conditions are maintained after the date specified for their correction, remedy or removal shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
No insurance or claims company shall pay a claimant in excess of $2,500 for fire damage on any real property within the municipality, pursuant to any fire insurance policy issued or renewed after the adoption of this chapter and after the filing of this section with the State Commissioner of Insurance, until such time as all taxes, assessments and other municipal liens or charges due and payable, appearing on the official certificate of search of the Township, have been paid, either by the owner of such real property or by the insurance or claims company, or only if the municipality enters into an agreement pursuant to N.J.S.A. 54:5-19 or Article 7 of Chapter 5, Title 54, of the Revised Statutes.
Editor's Note: See N.J.S.A. 54:5-65 et seq.
[Adopted 5-11-2005 by Ord. No. 2005-17, amended in its entirety 12-3-2008 by Ord. No. 2008-25]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Township.
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau of Fire Prevention.
The local enforcement agency shall enforce the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., as amended from time to time, and the codes and regulations thereunder, including the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., as amended from time to time (hereinafter, the "Uniform Fire Code"), in all buildings, structures and premises within the established boundaries of the Township, other than one- and two-family owner-occupied dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency established by § 110-9 hereof shall be a part of the Manalapan Township Fire Prevention Bureau and shall be under the direct supervision and control of the Fire Official. The Fire Official shall report to the Mayor and the Township Committee.
The local enforcing agency shall be under the direct supervision of the Fire Official who shall be appointed by the Mayor and the Township Committee.
The Fire Official shall be certified by the State of New Jersey according to New Jersey regulations for Fire Code enforcement, N.J.A.C. 5:71-1 et seq., as amended from time to time.
Such part-time inspectors and other part-time employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and the Township Committee. In making such appointments, the Mayor and Township Committee may seek the recommendation of the Fire Official.
Such full-time inspectors and other full-time employees as may be necessary for the local enforcing agency to properly carry out its responsibilities shall be appointed by the Mayor and Township Committee, pursuant to the New Jersey Administrative Code.
Qualifications of inspectors shall be as set forth in the New Jersey regulations for Fire Code enforcement, N.J.A.C. 5:71-1 et seq., as amended from time to time.
The Fire Official, and such inspectors as are provided for in the Administrative Code of the Township, shall be subject to removal by the Mayor and the Township Committee.
The local enforcing agency established by § 110-9 hereof shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
All life-hazard uses shall be periodically inspected for compliance with the Uniform Fire Code, its amendments and supplements. The frequency of inspections for life-hazard uses, as well as the types of uses, shall be those specified in the Uniform Fire Code.
All buildings, except owner-occupied one- and two-family dwellings, within the boundaries of the Township that are not classified as a life-hazard use, Type A, B, C or D, pursuant to the Uniform Fire Code, its amendments and supplements, shall be inspected at least once every 12 months. The fee for a non-life-hazard use inspection shall be as set forth in § 110-13B hereof.
Fees shall be in accordance with the Uniform Fire Code, and any amendments thereto.
The inspection fees for all non-life-hazard use inspections, in accordance with § 110-12 hereof, are as follows:
Residential common areas (each building).
Commercial common areas. All shopping centers, strip malls, office buildings, office complexes, industrial parks, and other commercial complexes that share common areas, including but not limited to corridors, atriums, stairwells, fire protections systems (fire sprinklers, private fire hydrants, private fire water mains and fire alarms) parking lots and fire lanes. Fee per year: $55.
Subleased and shared space. Any party that subleases such property or shares space with another party is required to pay fees as in the above tables based on the actual square footage used. In such instances where the actual square footage used is 499 square feet or less, the fee shall be $30.
Uses not classified that are subject to the Uniform Fire Code shall be classified as business uses.
At the Fire Official's discretion, vacant buildings may be inspected and such fees shall be required according to the previous use of such buildings.
The inspection fee shall be paid to the Township annually by the individual, firm or corporation, as the case may be.
The permit and registration fees as established by the Uniform Fire Code, except as amended in this section, and as amended from time to time pursuant to N.J.A.C. Chapter 5, shall remain in full force and effect as set forth therein.
As provided for in N.J.A.C. 5:71-3.2(d), the legal counsel appointed to assist the local enforcement agency to enforce the Code shall be the Township Attorney.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the County Construction Board of Appeals.
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
All penalties set forth in the N.J.A.C. Chapter 70 of Title 5 are adopted herein.
If any chapter, section, subsection or paragraph of this Uniform Fire Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraph of this Uniform Fire Code.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed, and this ordinance shall take effect immediately upon final passage and publication in accordance with law.