[HISTORY: Adopted by the Township Council of the Township of Pemberton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-6-2004 by Ord. No. 13-2004[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 107, Fire Prevention, Art. I, Adoption and Enforcement of Standards, adopted 8-2-1985 by Ord. No. 16-1985, as amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.) shall be locally enforced in the Township of Pemberton.
[1]
Editor's Note: See N.J.S.A. 52:27D et seq.
The local enforcing agency shall be the Pemberton Township Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Township of Pemberton other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
A. 
The Bureau of Fire Prevention established by § 107-2 of this article shall be under the direct supervision and control of a Fire Official who shall report to the Business Administrator.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector.
A. 
Appoint and qualifications of the fire official. The Fire Official shall be certified by the state and appointed by the governing body from a list of three names submitted by the Mayor of Pemberton Township.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon recommendation of the Fire Official. All life-hazard use inspectors shall be certified by the state.
C. 
Appointment of legal counsel. The Township Solicitor of the Township of Pemberton shall be designated as legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and pay an annual fee.
(1) 
Assembly.
Use
Fee
A-1
Eating establishment under 50
$25.00
A-2
Take-out food service (no seating)
$25.00
A-3
Church or synagogue
$25.00
A-4
Recreation centers, multipurpose rooms, etc., fewer than 100
$50.00
A-5
Court rooms, libraries, fraternal organizations, condominium centers fewer than 100
$50.00
A-6
Senior citizen centers fewer than 200
$50.00
(2) 
Business professional.
Use
Fee
B-1
Professional use one- and two-story less than 5,000 square feet per floor
$25.00
B-2
One- and two-story more than 5,000 square feet and less than 10,000 square feet per floor
$50.00
B-3
One- and two-story more than 10,000 square feet
$75.00
B-4
Three- to five-story less than 5,000 square feet per floor
$100.00
B-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet per floor
$150.00
B-6
Three- to five-story 10,000 square feet per floor
$200.00
(3) 
Retail (mercantile).
Use
Fee
M-1
One- and two-story less than 5,000 square feet per floor
$125.00
M-2
One- and two-story more than 5,000 square feet and less than 10,000
$150.00
M-3
One- and two-story more than 10,000 square feet per floor
$175.00
M-4
Three- to five-story less than 5,000 square feet per floor
$200.00
M-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet
$225.00
M-6
Three- to five-story over 10,000 square feet
$250.00
NOTE: M, with the exception of hardware store 3,000 square feet and retail store over 12,000 square feet, are life-hazard uses.
(4) 
Manufacturing (factory).
Use
Fee
F-1
One- and two-story less than 5,000 square feet per floor
$75.00
F-2
One- and two-story more than 5,000 square feet and less than 10,000 square feet per floor
$100.00
F-3
One- and two-story more than 10,000 square feet
$150.00
F-4
Three- to five-story less than 5,000 square feet per floor
$175.00
F-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet
$200.00
F-6
Three- to five-story over 10,000 square feet
$250.00
(5) 
Storage S-1 (moderate-hazard S-1, low-hazard S-2)
Use
Fee
S-1
One- and two-story less than 5,000 square feet per floor
$50.00
S-2
One- and two-story more than 5,000 square feet and less than 10,000 square feet per floor
$100.00
S-3
One- and two-story more than 10,000 square feet
$150.00
S-4
Three- to five-story less than 5,000 square feet per floor
$175.00
S-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet
$200.00
S-6
Three- to five-story over 10,000 square feet
$250.00
(6) 
Residential (LEA listed with multifamily BHI). Fee is for each building.
Use
Fee
R-1
1 to 6 units
$25.00
R-2
7 to 12 units
$50.00
R-3
13 to 20 units
$75.00
R-4
21 to 50 units
$100.00
R-5
For each additional unit
$2.00
(7) 
Common areas.
(a) 
Common areas (each building).
Use
Fee
R-1
One- and two-story less than 5,000 square feet per floor
$50.00
R-2
One- and two-story more than 5,000 square feet and less than 10,000 square feet per floor
$75.00
R-3
One- and two-story more than 10,000 square feet
$100.00
R-4
Three- to five-story less than 5,000 square feet per floor
$125.00
R-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet
$150.00
R-6
Three- to five-story over 10,000 square feet
$200.00
(b) 
Common areas (LEA not listed BHI) (each building).
Use
Fee
R-1
One- and two-story less than 5,000 square feet per floor
$50.00
R-2
One- and two-story more than 5,000 square feet and less than 10,000 square feet per floor
$75.00
R-3
One- and two-story more than 10,000 square feet
$100.00
R-4
Three- to five-story less than 5,000 square feet per floor
$125.00
R-5
Three- to five-story more than 5,000 square feet and less than 10,000 square feet per floor
$150.00
R-6
Three- to five-story over 10,000 square feet
$200.00
B. 
R-A uses shall be inspected and charged a fee only upon sale or change of tenant.
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
F. 
All residential uses except R-A uses shall be inspected in the common areas only.
A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(b) shall be as provided by state regulation and are currently as follows:
Type
Fee
1
$42.00
2
$166.00
3
$331.00
4
$497.00
B. 
The cost for the issuance of a certificate of Fire Code status shall be $35.
C. 
Fees: certificate of smoke detector and carbon monoxide alarm. The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDSMAC) as required by N.J.A.C. 5:70-2.3 shall be based upon the amount of time remaining before the change of occupant is expected as follows:
(1) 
Requests for CSDSMAC received more than 10 business days prior to the change of occupant: $35.
(2) 
Requests for CSDSMAC received four to 10 business days prior to the changes of occupant: $70.
(3) 
Requests for CSDSMAC received fewer than four business days prior to the change of occupant: $125.
[Amended 9-4-2024 by Ord. No. 34-2024]
Regulations concerning open burning shall be in accordance with the provisions of the Uniform Fire Code. Open burning is defined as 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. Open burning does not include flares, smudgepots or similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purposes of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the exhaust of escape gas are open.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. If no such body exists, appeals shall be made to the County Construction Board of Appeals.
[Amended 9-4-2024 by Ord. No. 34-2024]
A. 
Enforcement, violations and penalties shall be managed in conformity with the Uniformity Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey. For the purposes of § 107-8, above, in addition to the Division of Fire Safety, the Pemberton Township Fire Chief and Police Department or their designee are authorized to issue citations for violations of the open burning regulations, including open burning that exceeds the scope or limitations of open burning permits.
B. 
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a penalty not exceeding $2,000 or to imprisonment not exceeding 90 days, or both, for each offense, in the discretion of the court.
[Adopted 9-4-2024 by Ord. No. 34-2024]
A. 
The following locations are designated draughting locations for authorized fire apparatus or other fire suppression vessels to draw water supply from available bodies of water:
(1) 
Block 621, Lots 1.02 and 9 specifically Spring Lake Beach Park, along the shoreline;
(2) 
Block 621, Lot 1, specifically at the dam by Spring Terrace;
(3) 
Block 984.01, Lot 2, specifically Mirror Lake Beach at the boat ramp or along the associated shoreline;
(4) 
Block 947.02, Lot 6, specifically the Hanover Dam boat access area;
(5) 
Block 691, Lots 22 and 23 where New York Rd. and Virginia Drive intersect;
B. 
It shall be illegal for any vehicle to block access to a draughting location.
The Pemberton Township Police Department is authorized to remove, by towing or other lawful methods, any vehicle, trailer or other device obstructing a draughting location listed in § 107-12.
The Public Works Department shall install corresponding "No Parking" or other appropriate signage.