[HISTORY: Adopted by the Mayor and Council
of the Borough of Netcong 7-11-1972 as Ch. 52 of the 1972 Code. Amendments
noted where applicable.]
[Amended 3-8-1983; 12-10-1985; 8-10-2006 by Ord. No. 2006-20; 8-11-2022 by Ord. No. 2022-11]
A. Administration.
(1) Local enforcement. 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 Borough of Netcong.
(2) Definitions. The definitions contained within the New Jersey Uniform
Fire Code shall be included herein by reference and shall be applicable
to this chapter.
AGRICULTURAL BURNING
The burning of herbaceous or infested plant life, the burning
of orchard prunings and cuttings, prescribed burnings and the clearing
of agricultural land by burning.
CHIEF FIRE OFFICIAL/FIRE MARSHAL
A person certified by the Commissioner of the Department
of Community Affairs and appointed by the Borough Council. The terms
"Fire Official" and "Fire Marshal" shall be interchangeable.
FALSE FIRE ALARM ACTIVATION
An alarm signal necessitating response by the Netcong Borough
Fire Department where investigation fails to discover an emergency
situation.
FIRE ALARM SYSTEM
A system or portion of a combination system consisting of
components and circuits arranged to monitor and annunciate the status
of fire alarm or supervisory signal-initiating devices and to initiate
the appropriate response to those signals.
FIRE LANE
A road or other passageway developed to allow the passage
of fire apparatus. A fire lane is designated by the Fire Official
and properly posted and marked in accordance with this chapter. The
terms "fire lane" and "fire zone" shall be interchangeable.
GREASE LADEN VAPORS
Vapors produced when cooking and/or preparing foods that
contain animal fat, vegetable shortening, and other such oily matter.
MOBILE FOOD VENDOR
A unit of closed construction designed to be driven or towed
from place to place, with equipment to cook, prepare, serve, or sell
food. This shall include, but not limited to, mobile canteens, food
trucks, food trailers, and food carts.
OPEN BURNING
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber.
OUTDOOR FIREPLACE
An outdoor, solid-fuel-burning fireplace that may be constructed
of steel, concrete, clay, or other noncombustible material. An outdoor
fireplace may be portable, open in design, or may be equipped with
a small hearth opening and a short chimney or chimney opening in the
top.
PERMIT
An official document or certificate issued by the Fire Official
that authorizes performance of a specified activity
RECREATIONAL FIRES
An outdoor fire burning of materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill, or barbeque
pit and has a total fuel area of three feet or less in diameter and
two feet or less in height for pleasure, religious, ceremonial, cooking,
warmth or similar purposes.
B. Agency designation. The local enforcing agency shall be the Bureau of Fire Prevention within the Fire Department of the Borough of Netcong established by §
157-2.
C. Duties. The local enforcing agency shall enforce the Uniform Fire
Safety Act and the codes and regulations adopted under it and all
buildings, structures and premises within the established boundaries
of the Borough of Netcong 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 Safety Code.
D. Life-hazard uses. The local enforcing agency established by Subsection
B hereof shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioners of Community Affairs.
E. Organization. The local enforcing agency established by Subsection
B hereof shall be part of the Fire Department, and the Fire Official shall serve as the Chief Administrator of the Fire Prevention Bureau. The Fire Official will be under the direct supervision of the Borough Administrator and shall be appointed by the Borough Council with consideration to the recommendation of the Fire Chief and Borough Administrator.
F. Appointments; term of office; removal.
(1) The local enforcing agency shall be under the direct supervision
of a Fire Official who shall be appointed by the Borough Council with
consideration to the recommendation of the Fire Chief and Borough
Administrator. Prior to the appointment of the Fire Official, the
Fire Department may submit nonbinding advisory recommendations to
the Mayor and Borough Council.
(2) The Fire Official shall serve for an indeterminate term of office.
(3) Such inspectors and other employees as may be necessary in the local
enforcing agency shall be appointed by the Borough Council upon the
recommendation of the Fire Official. Prior to such appointments, the
Fire Department may submit nonbinding advisory recommendations to
the Mayor and Borough Council.
(4) Inspectors and other employees of the local enforcing agency shall
be subject to removal by the Mayor and Borough Council in the same
manner as all other Borough employees.
G. Board of Appeals. Pursuant to Sections 15 and 17 of the Uniform Fire
Safety Act, any person aggrieved by an order of the local enforcing
agency shall have the right to appeal to the Construction Board of
Appeals of the County of Morris.
A. The Fire Prevention Code shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the Borough of Netcong, which
is hereby established and which shall be operated under the supervision
of the Fire Official.
B. The Chief Fire Official (or Fire Marshal) in charge of the Bureau
of Fire Prevention shall be appointed by the Borough Council on the
basis of examination to determine his qualifications. His appointment
shall continue during good behavior and satisfactory service, and
he shall not be removed from office except for cause.
C. The Fire Official and the Chief of the Fire Department shall recommend
to the Mayor and Borough Council the employment of technical inspectors,
who, when such authorization is made, shall be selected through an
examination to determine their fitness for the position. The examination
shall be open to members and nonmembers of the Fire Department, and
appointments made after examination shall be for an indefinite term,
with removal only for cause.
D. A report of the Bureau of Fire Prevention shall be made annually
and transmitted to the Borough Administrator; it shall contain all
proceedings under this code, with such statistics as the Chief of
the Fire Department may wish to include therein.
A. Whenever the Fire Official shall have cause to believe that a building
or business would require an annual fire prevention inspection, and
the building or business is not a life-hazard use, the owner of the
building or business, if not already registered, shall fill out a
registration form provided by the Fire Prevention Bureau. Each calendar
year a business must register with the Fire Prevention Bureau and
are subject to an annual non-life-hazard registration fee. The owner
shall pay to the Fire Prevention Bureau and return the required registration
form, within 30 days of receiving the written notice to register.
The fees shall be based upon the square footage of the use. The fees
are as follows:
(1) Premises under 3,000 square feet: $65.
(2) Premises over 3,000 square feet and under 6,000 square feet: $150.
(3) Premises over 6,000 square feet and under 12,000 square feet: $250.
(4) Premises over 12,000 square feet: $400.
(5) Common areas, hallways, garages, storage areas: $50.
B. Portions of churches and religious facilities are exempt from these
fees.
A. Installation. When a property is protected by an automatic alarm
system or sprinkler system, and access to or within a structure or
an area on that property is impeded by secured openings, and where
immediate access might become necessary for lifesaving or firefighting
purposes, the Fire Official may require a key box to be installed
in an approved location. The key box shall be a type approved by the
Fire Official and shall be installed at the expense of the property
owner.
B. Contents.
(1) The key box shall contain:
(a)
Keys to locked points of ingress whether on the interior or
exterior of such buildings.
(b)
Keys to locked mechanical equipment rooms.
(c)
Keys to locked electrical rooms.
(d)
Keys to elevator controls.
(e)
Keys to other areas as directed by the Fire Official.
(f)
Other material as directed by the Fire Official.
(2) All keys shall be clearly labeled or marked to identify the door
they open or devices they operate.
C. Application. This subsection applies to both existing and future
structures but shall not apply to any residential units.
D. Before installing any key box required by this subsection, the property
owner shall make written request of the Fire Official to designate
or approve the proposed location.
A. Designation. The Fire Official, in consultation with the Fire Chief,
may designate fire lanes and zones on private property to which the
public is invited or which is devoted to public use, if such designation
is necessary to provide safety for the public or to provide proper
access for first responder operations in an emergency.
B. Notification. Whenever a proposed fire lane or zone has been designated,
the Fire Official shall notify the owner of the property, in writing,
by registered or certified mail, or by hand delivering notice, describing
the area to be designated and the reason for the designation. Notification
as specified in this section shall not be required when fire lanes
or zones are designated through the land development approval process.
C. Delineation. Delineation of fire lanes and zones shall be completed
by the owner at the owner's expense using signs and striping required
by this section and shall be accomplished within 30 days after receipt
of the notification of designation. Upon approval of the completed
delineation, the Fire Official shall maintain a description or plan
of the fire lane on file in the Fire Prevention Bureau. All fire lanes
and zones shall be at a minimum delineated using signage and striping
in the following manner:
(1) Signs.
(a)
Signs shall be 12 inches wide by 18 inches high with a minimum
of two-inch-high lettering.
(b)
White retroreflective material shall be used for the sign background
in accordance with the current edition of the Manual on Uniform Traffic
Control Devices.
(c)
Legend shall be red in color in accordance with the current
edition of the Manual on Uniform Traffic Control Devices.
(d)
Signs, whether wall or post-mounted, shall be placed at the
beginning and end of the lane or zone and at such intervals as required
by the Fire Official, but not spaced more than 100 feet apart.
(e)
Whenever a fire lane changes angle or direction, additional
signs may be required at the discretion of the Fire Official or the
Municipal Fire Subcode Official to ensure adequate visible signage
along the fire lane.
(f)
Signs shall be placed at a height of seven feet as measured
from the ground surface to the bottom of the sign and placed perpendicular
to the direction of the traffic flow so that the sign is facing oncoming
traffic. If traffic flows in two directions, signs shall be placed
parallel to the direction of traffic flow. Signs may be placed upon
existing supports. If a sign is placed on an existing support below
an existing sign, the sign shall not project more than four inches
into the pedestrian facility.
(g)
Signs shall read: "No Parking Fire Lane" or "No Parking Fire
Zone."
(h)
A single-headed arrow shall point in the direction in which
the regulation is in effect if the sign is at the end of a lane or
zone. A double-headed arrow pointing in both directions shall be used
if the sign is at an intermediate point along a lane or zone.
(2) Striping.
(a)
Paint for pavement striping and lettering shall be yellow traffic
paint.
(b)
Fire lanes and zones shall be delineated by painting the curb
yellow and by striping the lane or zone a minimum of 12 feet wide
or preferably 18 feet wide, if feasible, as designated and approved
by the Fire Official.
(c)
Each yellow diagonal stripe shall be four inches wide and spaced
five feet apart throughout the lane or zone. The diagonal stripes
should form an angle of approximately 60º with the longitudinal
lines or curb that they intersect. The perimeter of the lane or zone
shall also be striped with a four-inch yellow stripe.
(d)
If so, designated by the Fire Official, a striped legend of
"No Parking Fire Lane" or "No Parking Fire Zone" shall be placed within
the fire lane or zone facing away from the curb or wall at a minimum
of one-hundred-foot intervals to further identify the area designated.
The lettering of the striped legend shall be 18 inches high and placed
within the center of the fire lane or zone.
D. Existing conditions. At the time of the enactment of this section, any and all properties within the Borough that exhibit fire lane or zone delineation other than in the manner specifically noted above, shall be held valid for the purposes of Subsection
G if the fire lane or zone is clearly indicated as to its purpose.
E. Maintenance. As fire lane or zone signs, striping, and all else necessary for delineation weathers fades, and otherwise becomes damaged, illegible, or subject to maintenance, alteration, or replacement, it shall be the responsibility of the property owner, at their own expense, to ensure that all fire lanes and zones are brought into compliance with Subsection
C. The Fire Official may notify the owner of any delineation in need of maintenance, and the owner shall then have 30 days to comply with the maintenance request.
F. Fire hydrants and Fire Department connections. Immediate access to
Fire Department connections, public and private fire hydrants shall
be maintained at all times without any obstruction. A working space
clearance of not less than 36 inches in width and 36 inches in depth
and 78 inches in height shall be provided and maintained in front
of and to the sides of all wall-mounted Fire Department connections
and around the circumference of freestanding Fire Department connections,
public and private fire hydrants.
G. Obstructions. It shall be unlawful for any person to park or leave
standing any vehicle or place any obstruction on lands, whether publicly
or privately owned, after notice has been posted as hereinafter provided
prohibiting such parking, standing or obstruction.
H. Enforcement. The Netcong Police Department shall have jurisdiction
to enforce the provisions of this article by the issuance of a parking
summons to vehicles found violating this chapter.
A. Applicability. This section applies to local and monitored fire alarm
systems in any structure other than one- or two-family dwellings.
B. Evacuation of premises. When a fire alarm is activated in any building
containing a fire alarm system, all occupants shall immediately leave
the structure or follow a written fire evacuation plan that has been
previously approved by the Fire Official. Once notified, no persons
shall enter or reenter, until authorized to do so by the local Fire
Department.
C. Prohibited acts; resetting or silencing fire alarm systems. Activated
fire alarms systems which result in the dispatch of the local Fire
Department shall not be reset or silenced without the approval from
a responding Fire Department representative.
D. Notification. The building owner or representative shall notify the
Netcong Borough Bureau of Fire Prevention any time the building's
fire alarm system operates in a trouble or supervisory mode or when
any maintenance or work is being performed on the building's fire
alarm system. Twenty-four-hour advance notification is required to
the Netcong Borough Bureau of Fire Prevention any time a fire alarm
system is tested, repaired, altered, or for any fire/evacuation drill.
E. False fire alarms. The Borough Fire Official may levy and collect
penalties in the amounts hereinbelow set forth in the event of a false
fire alarm activation. The penalty shall be imposed in accordance
with the following schedule for any false fire alarm activations occurring
within any calendar year.
(1) First or second false alarm within same calendar year: warning only.
(2) Third and fourth false alarm within same calendar year: $100.
(3) Fifth or subsequent false alarm within same calendar year: $500.
A. Applicability. This section applies to all properties in Netcong
Borough.
B. Open burning. Open burning shall be prohibited without first obtaining
a permit from the State Forest Fire Service of the New Jersey Department
of Environmental Protection as well as a permit from the Netcong Borough
Bureau of Fire Prevention as per N.J.A.C. 5:70-2.7. Open burns/bonfires
shall not be conducted within 50 feet of a structure or combustible
material. The fire shall not be more than five feet by five feet by
five feet in dimension and shall not burn longer than three hours.
Fuel for the fire shall consist only of seasoned dry firewood.
C. Recreational fires. Recreational fires are permitted when utilizing
only seasoned dry firewood and shall not be conducted within 25 feet
of a structure or combustible material.
D. Outdoor fireplace. Outdoor fireplaces are permitted when being used
in accordance with the manufacturer's instructions, utilizing only
seasoned dry firewood and shall not be conducted within 15 feet of
a structure or combustible material. Outdoor fireplaces shall not
be used or stored on combustible balconies or decks. The Fire Official
shall review and approve all construction applications with outdoor
fireplaces setback requirements.
E. Agricultural burning. Agricultural burning shall be prohibited without
first obtaining a permit from the State Forest Fire Service in the
New Jersey Department of Environmental Protection.
F. Extinguishment. Where open burning creates or adds to a hazardous
situation, or a required permit for open burning has not been obtained,
the Bureau of Fire Prevention staff or a representative of the local
Fire Department is authorized to order the extinguishment of the open
burning operation.
G. Attendance. Open burning, recreational fires, and all outdoor fireplaces
shall be constantly attended until the fire is extinguished.
H. Waste disposal. Open burning, recreational fires, and outdoor fireplaces
shall not be utilized for waste disposal purposes, including, but
not limited to, rubbish, garbage, leaves, waste vegetation, and construction
debris.
[Added 3-14-2024 by Ord. No. 2024-4]
A. Certificates required. Before any one- and two-family or attached
single-family structure (Use Group R-3, R-4, or R-5), or portion thereof,
that is sold, leased, or otherwise made subject to a change of occupancy
for residential purposes shall have a certificate of smoke alarm,
carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC)
obtained by the owner prior to said change of occupancy in accordance
with N.J.A.C. 5:70-2.3 which evidences compliance with N.J.A.C. 5:70-4.19.
(1) Fire and life safety systems within residential premises. The following
requirements shall be applicable to and satisfied by applicants for
a CSACMAPFEC prior to the issuance of a certificate of compliance:
(a)
Smoke alarms. Smoke alarms shall be maintained in accordance
with NFPA 72, their listing, and manufacturer specifications. Smoke
alarms shall be located as specified in N.J.A.C. 5:70-4.19. Smoke
alarms located and maintained in accordance with approvals contingent
with a certificate of occupancy issued in accordance with the State
Uniform Construction Code Act that concurrently satisfy the requirements of N.J.A.C.
5:70-4.19 shall also satisfy this section.
(b)
Carbon monoxide alarms. Carbon monoxide alarms shall be maintained
in accordance with NFPA 720, their listing, and manufacturer specifications.
Carbon monoxide alarms shall be located as specified in N.J.A.C. 5:70-4.19.
Carbon monoxide alarms located and maintained in accordance with approvals
contingent with a certificate of occupancy issued in accordance with
the State Uniform Construction Code Act that concurrently satisfy
the requirements of N.J.A.C. 5:70-4.19 shall also satisfy this section.
(c)
Portable fire extinguishers. A portable fire extinguisher shall
be installed and maintained in accordance with N.J.A.C. 5:70-4.19(e).
(d)
Fire alarm systems. Residential premises that contain installed
fire alarm systems as defined in the Uniform Construction Code may
be required to submit documentation of testing and maintenance evidencing
that the system is maintained in good working order prior to the issuance
of a CSACMAPFEC. The Fire Official and his/her designee shall assure
such documentation meets or exceeds the criteria contained within
NFPA 72. Fire alarm systems may only be substituted for requirements
of N.J.A.C. 5:70-4.19 when installed in accordance with the State
Uniform Construction Code Act and when received a proper certificate
of approval or been installed prior to the receipt of a certificate
of occupancy.
(2) Certificate of compliance. In the case of a change of occupancy of any Use Group R-3, R-4, or R-5 building or portion thereof subject to the requirements of Subsection
A(1) of this section, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining a certificate evidencing compliance with this section. Where a certificate of occupancy is required under the land development chapter or other general ordinances of the Borough, it shall not
be issued prior to the time the owner obtains the certificate of compliance.
(3) Inspections. The Fire Official of the Bureau of Fire Prevention and
duly appointed inspectors are hereby empowered to conduct the necessary
inspections and to issue certificates of compliance as contemplated
herein.
(4) Fees. A fee of $65 shall be paid by the owner prior to each inspection,
provided the inspection is requested at least 10 days prior to the
change of occupancy or ownership. If the inspection is requested within
10 days of the change of occupancy or ownership, a fee of $125 shall
be paid. If the inspection is requested within four days of the change
of occupancy or ownership, a fee of $150 shall be paid.
Permits shall be required and obtained from the Netcong Borough
Bureau of Fire Prevention for activities specified in N.J.A.C. 5:70-2.7.
The permit fees established by the New Jersey Uniform Fire Code shall
be the required permit fees as provided in N.J.A.C. 5:70-2.9(c). All
permit applications shall be submitted a minimum of two weeks prior
to the activity date. Failure to submit the application two weeks
prior will result in denial of the application. The Fire Official
may revoke a permit or approval issued under the provisions of the
NJ Uniform Fire Code if upon inspection any violation of the code
exists, or if conditions of a permit have been violated, or if there
has been any false statement or misrepresentation as to material fact
in the application, data or plans on which the permit or approval
was based.
[Amended 3-14-2024 by Ord. No. 2024-4]
A. Authority to enforce. The Netcong Borough Bureau of Fire Prevention
shall be the enforcing agency of this chapter.
B. Violations. Each violation shall constitute a separate and distinct
offense independent of the violation of any other section. Each day
of violation shall constitute an additional, separate, and distinct
offense.
C. Penalties. Penalties will be enforced as per N.J.A.C. 5:70-2 unless
otherwise noted below.
(1) Violation of §
157-3, Non-life-hazard use inspection fees. Any person violating any of the provisions of this section shall, for each offense, be subject to a fine of double the amount of the applicable non-life-hazard use inspection fee.
(2) Violation of §
157-6, Fire alarm systems. Any person violating any provisions of §
157-6B and
C shall, for each offense, be subject to a fine of not less than $1,000. Any person violating any of the provisions of §
157-6D shall, for each offense, be subject to a fine of not less than $100.
(3) Violation of §
157-7, Open burning. Any person violating any of the provisions of this section shall, for each offense, be subject to a fine of not less than $1,000.
(4) Violation of §
157-8, Certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance. Any person violating any of the provisions of this section shall, for each offense, be subject to a fine of not less than $500.
D. Appeals. Pursuant to the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement
agency shall have the right to appeal within 15 days to the Construction
Board of Appeals of the County of Morris.
There is hereby adopted by the Borough of Netcong
the fire control measures and regulations as herein set forth for
the purposes of controlling conditions which could impede or interfere
with fire-suppression forces.
The fire official or duty authorized representatives,
as may be in charge at the scene of a fire or other emergency involving
the protection of life and/or property, is empowered to direct such
operations as may be necessary to extinguish or control any suspected
or reported fire, gas leaks or other hazardous conditions or situations
or to take any other action necessary in the reasonable performance
of their duty. The fire official may prohibit any person, vehicle
or object from approaching the scene and may remove or cause to be
removed from the scene any person, vehicle or object which may impede
or interfere with the operations of the Fire Department. The fire
official may remove or cause to be removed any person, vehicle or
object from hazardous areas. All persons ordered to leave a hazardous
area shall do so immediately and shall not re-enter the area until
authorized to do so by the fire official.
It shall be unlawful to interfere with, attempt
to interfere with, conspire to interfere with, obstruct or restrict
the mobility of or block the path or travel of any Fire Department
emergency vehicle in any way or to interfere with, attempt to interfere
with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse
to comply with any lawful order or direction of the fire official
or to interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over
any unprotected fire hose of the Fire Department when laid down on
any street, alleyway, private drive or any other vehicular roadway
without the consent of the fire official in command of said operation.
Authorized emergency vehicles shall be restricted
to those which are defined and authorized under the laws of the State
of New Jersey.
Upon the approach of any authorized emergency
vehicle, giving audible and visual signal, the operator of every other
vehicle shall immediately drive the same to a position as near as
possible and parallel to the right-hand edge or curb of the street
or roadway, clear of any intersection, and shall stop and remain in
such position until the authorized emergency vehicle or vehicles shall
have passed, unless otherwise directed by the fire official or a police
officer.
It shall be unlawful for the operator of any
vehicle, other than one on official business, to follow closer than
300 feet from any fire apparatus traveling in response to a fire alarm
or to drive any vehicle within the block or immediate area where fire
apparatus has stopped in answer to a fire alarm.
A person shall not without proper authorization
from the fire official in charge of said Fire Department emergency
equipment cling to, attach himself to, climb upon or into, board or
swing upon any Fire Department emergency vehicle, whether the same
is in motion or at rest, or sound the siren, horn, bell or other sound-producing
device thereon or to manipulate or tamper with or attempt to manipulate
or tamper with any levers, valves, switches, starting devices, brakes,
pumps or any equipment or protective clothing on or a part of any
Fire Department emergency vehicle.
It shall be unlawful for any person to damage
or deface or attempt or conspire to damage or deface any Fire Department
emergency vehicle at any time or to injure or attempt to injure or
conspire to injure Fire Department personnel while performing departmental
duties.
A. The driver of any emergency vehicle, as defined in §
157-6 of this chapter, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as, but not restricted to, move-ups do not constitute an emergency call.
B. The driver of an emergency vehicle may:
(1) Park or stand irrespective of the provisions of existing
traffic regulations.
(2) Proceed past a red or stop signal or other sign, but
only after slowing down as may be necessary for safe operation.
(3) Exceed the prima facie speed limit so long as the
action does not endanger life or property.
(4) Disregard regulations governing direction of movement
or turning in specified directions.
C. The exemptions herein granted to an emergency vehicle
shall apply only when the driver of any such vehicle, while in motion,
sounds an audible signal by a bell, siren or exhaust whistle as may
be reasonably necessary, and when the vehicle is equipped with at
least one lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehicle.
A. It shall be unlawful to obscure from view, damage,
deface, obstruct or restrict the access to any fire hydrant or any
Fire Department connection for the pressurization of fire-suppression
systems, including fire hydrants and Fire Department connections that
are located on public or private streets and access lanes or on private
property.
B. If upon the expiration of the time mentioned in a
notice of violation, obstructions or encroachments are not removed,
the fire official shall proceed to remove the same. Costs incurred
in the performance of necessary work shall be paid from the municipal
treasury on certificate of the fire official and with the approval
of the chief administrative official; and the legal authority of the
municipality shall institute appropriate action for the recovery of
such costs.
A person shall not use or operate any fire hydrant
intended for use of the Fire Department for fire suppression purposes
unless such person first secures a permit for such use from the fire
official and the water company having jurisdiction. This section shall
not apply to the use by the water company having jurisdiction.
The fire official shall recommend to the chief
administrative official of the municipality the location or relocation
of new or existing fire hydrants and the placement of water mains,
or replacement of inadequate water mains, located upon public property
and deemed necessary to provide an adequate fire flow and distribution
pattern. A fire hydrant shall not be placed into or removed from service
until approved by the fire official.
All new and existing shipyards, oil storage
plants, lumberyards, amusement or exhibition parks and educational
or institutional complexes and similar occupancies and uses involving
high fire or life hazards and which are located more than 150 feet
from a public street or which require quantities of water beyond the
capabilities of the public water distribution system shall be provided
with properly placed fire hydrants. Such fire hydrants shall be capable
of supplying fire flows as required by the fire official and shall
be connected to a water system in accordance with accepted engineering
practices. The fire official shall designate and approve the number
and location of fire hydrants. The fire official may require the installation
of sufficient fire hose and equipment housed in accordance with the
approved rules and may require the establishment of a trained fire
brigade when the hazard involved requires such measures. Private hydrants
shall not be placed into or removed from service until approved by
the fire official.
A person shall not obstruct, remove, tamper
with or otherwise disturb any fire hydrant or fire appliance required
to be installed or maintained under the provisions of the Fire Prevention
Code except for the purpose of extinguishing fire, training
or testing purposes, recharging or making necessary repairs or when
permitted by the fire official. Whenever a fire appliance is removed
as herein permitted, it shall be replaced or reinstalled as soon as
the purpose for which it was removed has been accomplished. Defective
and nonapproved fire appliances or equipment shall be replaced or
repaired as directed by the fire official.
A person shall not sell, trade, loan or give
away any form, type or kind of fire extinguisher which is not approved
by the fire official or which is not in proper working order or the
contents of which do not meet the requirements of the fire official.
The requirements of this section shall not apply to the sale, trade
or exchange of obsolete or damaged equipment for junk when said units
are permanently disfigured or marked with a permanent sign identifying
the unit as junk.
A person or persons shall not erect, construct,
place or maintain any bumps, fences, gates, chains, bars, pipes, wood
or metal horses or any other type of obstruction in or on any street,
within the boundaries of the municipality. The word "street," as used
in this chapter, shall mean any roadway accessible to the public for
vehicular traffic, including but not limited to private streets or
access lanes, as well as all public streets and highways within the
boundaries of the municipality.