[HISTORY: Adopted by the Township Committee
of the Township of Hillsborough as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-10-1986 by Ord. No. 86-7(Ch. 85, Art. I, of the 1977 Code)]
Chapter 85 of the Code of the Township of Hillsborough, formerly known as the "Local Fire Prevention Code," which was repealed through Ordinance Nos. 85-18 and 86-9, is hereby replaced by a new Local Fire Prevention Code intended to supplement the State Uniform Fire Safety Act[1] and the rules and regulations promulgated thereunder.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
This Local Fire Prevention Code is intended
to be an addition and supplement to the state codes and regulations
promulgated by the Department of Community Affairs pursuant to the
Uniform Fire Safety Act of the State of New Jersey. While the regulations
contained herein are neither inconsistent with the Uniform Fire Safety
Act and the codes and regulations adopted under it, nor more restrictive
than the State Uniform Construction Code[1] they are intended to provide an additional measure of
protection against fire for the benefit of the residents of Hillsborough
Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
[Amended 8-24-1999 by Ord. No. 99-40; 6-15-2021 by Ord. No. 2021-08]
Enforcement of the technical regulations promulgated
under this article shall be by the Fire Official for the Board of
Fire Commissioners.
[Amended 8-24-1999 by Ord. No. 99-40]
Whenever the following terms are used in this
article, they shall have the meanings respectively ascribed to them
by this section as follows:
Any of the following: Underwriters Testing Laboratories,
Factory Mutual Research Corp., National Bureau of Standards or NFPA
Standard No. 74, 1984.
The chief administrator of the Hillsborough Building Department
created pursuant to the State Uniform Construction Code Act, namely
N.J.S.A. 52:27D-119 et seq., and its amendments and supplements.
A building or a portion of a building arranged for the use
of one or more individuals living alone or together as a single housekeeping
unit with living, sanitary and sleeping facilities, but not including
trailers, tents or house trailers used for recreational purposes.
A person certified by the Commissioner of the Department
of Community Affairs and appointed to direct the enforcement of the
New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.).
[Amended 3-14-2001 by Ord. No. 2001-07; 9-12-2006 by 2001-07; 9-12-2006 by Ord. No. 2006-24]
All buildings that are classified as Use Group R-2 as defined
in the New Jersey Uniform Construction Code.
[Added 3-14-2001 by Ord. No. 2001-07]
A professional business occupancy where there is not warehouse
or storage and no machinery other than typical office equipment.
The area or areas of the family living unit in which the
bedrooms (or sleeping rooms) are located. Bedrooms (or sleeping rooms)
separated by other use areas, such as kitchens or living rooms, but
not bathrooms, shall be considered as separate sleeping areas for
purposes of this standard.
An instrument approved by an approved rating organization
for the detection of ionized gases or products of combustion produced
by burning or smoldering materials.
Any violation of any section of this article shall be deemed a Class C violation as it is defined in the Hillsborough Code § 1-15. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this article. Each day of violation shall constitute an additional separate and distinct offense.
[Adopted 12-10-1985 by Ord. No. 85-18 (Ch. 85, Art. II, of the 1977 Code)]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383)[1] the New Jersey Uniform Fire Code shall be locally enforced
in the Township of Hillsborough.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 6-25-2002 by Ord. No. 2002-18]
The local enforcing agency shall be the Bureau
of Fire Safety of the Township of Hillsborough within the limits established
by Ordinance No. 77-7 adopted by the Hillsborough Township Committee
on April 12, 1977.[1]
The local enforcement 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 Hillsborough, other than owner-occupied one- and
two-family dwellings, state-owned buildings and federal buildings,
either owned or leased, and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code. Buildings
leased by the state shall be subject to local enforcement.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
The local enforcing agency established by § 166-7 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. It is understood that high-rise structures are included within the code definition of "life-hazard uses."
[Amended 6-25-2002 by Ord. No. 2002-18; 9-12-2006 by Ord. No. 2006-24]
The local enforcing agency established by § 166-7 of this article shall be the Hillsborough Bureau of Fire Safety. Enforcement shall be conducted by the Chief Fire Marshal, who shall function under the authority and supervision of the Board of Fire Commissioners. The Chief Fire Marshal shall have the authority to supervise such Fire Marshals as may be employed. Such funds as may be necessary to support the enforcement operation shall be raised by the district in the manner provided by law.
[Amended 6-25-2002 by Ord. No. 2002-18; 9-12-2006 by Ord. No. 2006-24; 6-15-2021 by Ord. No. 2021-08]
A.
Appointment of Fire Official. The Fire Official shall
be appointed by the Hillsborough Township Board of Fire Commissioners.
B.
Term of office. The Fire Official shall serve a term
of four years.
C.
Fire Marshals, career firefighters and employees.
The Hillsborough Township Board of Fire Commissioners shall appoint
such employees as may be necessary to carry out all required duties
in the Fire District. Such employees shall be under the supervision
and control of the Chief Fire Marshal or District Fire Chief.
D.
Removal from office. Employees shall be subject to
removal by the Hillsborough Township Board of Fire Commissioners for
inefficiency or misconduct. Each employee to be so removed shall be
afforded an opportunity to be heard by the appointing authority in
accordance with the IAFF Local 4897 labor contract.
[Amended 9-12-2006 by Ord. No. 2006-24]
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of Somerset County for a hearing.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
27D-208.
[Amended 8-24-1999 by Ord. No. 99-40]
A.
Additional required inspections. All businesses, offices
and places of assembly not already considered a life-hazard use shall
be inspected for compliance with the provisions of the Uniform Fire
Code a minimum of once every 12 months. Each multifamily dwelling
unit shall be inspected on a cyclical basis so that every unit is
inspected a minimum of once every five years.
[Amended 3-14-2001 by Ord. No. 2001-07]
B.
Registration. Whenever the Chief Fire Marshal shall have cause to believe that a building or use would require an annual inspection as outlined in Subsection A, the Chief Fire Marshal or designee shall complete a registration of the building or use. It shall be a violation of § 166-16 for an owner to fail to provide information necessary to complete registration within 30 days. The owner of the business, office, place of assembly or multiple dwelling shall provide the Chief Fire Marshal the necessary information to complete the registration. Each registration shall include, but not be limited to, the following information:
[Amended 9-12-2006 by Ord. No. 2006-24]
(1)
The name, address and telephone number of the building
or use.
(2)
(Reserved)
(3)
Where the applicant is a corporation, the name, address
and telephone number of the agent for service of process.
(4)
A description of the use being applied for, including:
(5)
Where the owner of the use and the owner of the building
in which it is located are not the same, then the application shall
include the same information for the owner of the building as is herein
required for the owner of the use.
(6)
The name, address, physical location and telephone
number of the person responsible for the maintenance of the premises.
C.
Fees. The owner of each business, office, place of
assembly or multiple dwelling, not already a state LHU, shall pay
to the Fire District an annual fee. The fees shall be as follows (Note:
square footage based upon gross floor area including basements):
[Amended 6-25-2002 by Ord. No. 2002-18; 8-27-2013 by Ord. No.
2013-18]
(1)
Office occupancy, 500 square feet or less: $55.
(2)
Occupancy under 1,000 square feet: $80.
(3)
Occupancy 1,000 to 2,999 square feet: $100.
(4)
Occupancy 3,000 to 5,999 square feet: $110.
(5)
Occupancy 6,000 to 7,999 square feet: $130.
(6)
Occupancy 8,000 to 9,999 square feet: $150.
(7)
Occupancy 10,000 to 11,999 square feet: $180.
(8)
Occupancy 12,000 to 13,999 square feet: $210.
(9)
Occupancy 14,000 and over square feet: $280.
(10)
Multiple dwellings with common areas between
six and 25 units: $100.
(11)
Multiple dwellings with common areas over 25
rental units: $250.
(12)
Retail or commercial common areas: $150.
[Amended 2-27-1990 by Ord. No. 90-2; 8-24-1999 by Ord. No. 99-40; 6-25-2002 by Ord. No. 2002-18; 3-9-2004 by Ord. No. 2004-04; 8-27-2013 by Ord. No. 2013-18; 7-10-2018 by Ord. No. 2018-08]
The application fee for a permit shall be as
follows:
|
Type
|
Fee
|
|---|---|
|
Type I
|
$80.00
|
|
Type II
|
$215.00
|
|
Type III
|
$430.00
|
|
Type IV
|
$640.00
|
|
Type V
|
$25.00 per job site
|
[Amended 8-24-1999 by Ord. No. 99-40; 6-25-2002 by Ord. No. 2002-18; 3-9-2004 by Ord. No.
2004-04; 12-28-2010 by Ord. No. 2010-36; 8-27-2013 by Ord. No. 2013-18; 7-10-2018 by Ord. No. 2018-08]
A.
Before any one- or two-family or attached single-family dwelling
is sold, leased or otherwise made subject to a change of occupancy
for residential purposes, the owner shall obtain a certificate of
smoke alarm and carbon monoxide alarm and portable fire extinguisher
compliance (CSACMAPFEC), evidencing compliance with N.J.A.C. 5:70-4.19,
5:57-2.3 and 5:70-3 et seq.
B.
The owner or the authorized agent of the owner shall apply for a
CSACMAPFEC on a form provided by the Hillsborough Bureau of Fire Safety.
The application shall be accompanied by the required fee as outlined
below:
(1)
Request for a CSACMAPFEC received more than 10 business days prior
to the change of occupant: $50.
(2)
Request for a CSACMAPFEC received four business days to 10 business
days prior to change of occupant: $90.
(3)
Request for a CSACMAPFEC received fewer than four business days prior
to the change of occupant: $160.
C.
The required fee allows for the initial inspection and one reinspection.
An additional fee of $35 is required for any additional reinspections.
D.
In other than one- and two-family or attached single-family dwellings,
each individual dwelling unit shall have a smoke alarm and carbon
monoxide alarm inspection a minimum of once every five years. Location,
type and number of smoke alarms and carbon monoxide alarms shall be
in compliance with N.J.A.C. 5:70-4.19. The fee for this inspection
shall be $50 per dwelling unit.
[Added 3-14-2001 by Ord. No.2001-07]
A.
Fire alarm systems located in offices, places of assembly,
multifamily dwellings and other commercial buildings that are monitored
by a central station or other proprietary agency shall not be reset
prior to the arrival and approval of the Fire Department or Fire Marshal.
[Amended 9-12-2006 by Ord. No. 2006-24]
B.
All commercial properties that have fire alarm systems
shall provide a list of twenty-four-hour contact persons. There shall
be a minimum of two contacts. All emergency contacts must be capable
of responding to the effected property within 30 minutes, have the
authority to make proper notifications for emergency repairs and shall
have access to all areas of the affected property. The emergency contact
list shall be provided to the Hillsborough Police Department and the
Hillsborough Bureau of Fire Safety. Any updates or changes to the
list must be forwarded within seven days.
[Added 4-27-2004 by Ord. No. 2004-13]
A.
Markers shall be installed on all fire hydrants and
underground fire suppression water tanks within Hillsborough Township.
B.
The installation and maintenance of hydrant markers
on privately owned hydrants shall be the responsibility of the property
owner.
C.
All new fire hydrants installed after May 1, 2004,
must have hydrant markers installed in accordance with this section.
Installation of these markers shall be the responsibility of the developer
or property owner. Hydrant markers must be installed and approved
prior to the issuance of a certificate of occupancy.
D.
Markers shall be installed on the right discharge
port.
E.
Marker specifications. Markers shall meet the specifications
listed below and approved by the Fire Official. The specifications
are as follows:
(1)
Shaft: four long, 3/8 inch diameter, Pultrusion fiber
glass, white in color.
(2)
Banding: engineer grade reflective sheeting; six-inch
red, six-inch white, six-inch blue.
(3)
Spring: 304 stainless steel 0.0125 inches to 0.0135
inches.
(4)
Ring mount: 304 stainless steel, tear drop bend with
offset, 3/8 inch.
