[Adopted 4-24-1957 by Ord. No. 788
(Ch. 25 of the 1969 Code)]
[Amended 2-6-1962 by Ord. No. 875; 7-12-1966
by Ord. No. 951]
There is hereby adopted by the Town Council of the Town of Phillipsburg,
for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, that certain code known as the
"Fire Prevention Code" recommended by the National Board of Fire Underwriters,
being particularly the 1965 Edition thereof and the whole thereof, of which
code not less than three copies have been and now are filed in the office
of the Clerk of the Town of Phillipsburg, and the same are hereby adopted
and incorporated as fully as if set out at length herein, and from the date
on which this chapter shall take effect, the provisions thereof shall be controlling
within the limits of the Town of Phillipsburg.
As used in this chapter, the following terms shall have the meanings
indicated:
Hereafter the limits referred to in Section 19.06a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: all zones established in Chapter
625, Zoning, except the Industrial Zones.
[Amended 4-18-1995 by Ord. No. O:95-13; 11-17-1997
by Ord. No. O:97-22]
A. Open burning. Open burning shall be permitted upon approval
of the Town Council of the Town of Phillipsburg and upon receipt of a fire
permit from the New Jersey Department of Environmental Protection, Bureau
of Forest Fire Management, and pursuant to the terms of said fire permit as
agreed to by the Town Council of the Town of Phillipsburg. This chapter shall
only apply to such ceremonial fires as may occur in observance and in celebration
of the traditional Phillipsburg/Easton Thanksgiving Football Game.
The Chief of the Bureau of Fire Prevention shall have power to 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 way 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 modification when granted or allowed
and the decision of the Chief of the Bureau of Fire Prevention thereon shall
be entered upon the record of the department and a signed copy shall be furnished
the applicant.
Whenever the Chief of the Fire Department shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed that the provisions
of the code do no apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief of the Fire Department to the Town Council of the Town
of Phillipsburg within 30 days from the date of the decision of the appeal.
The Building Officials, the Chief of the Fire Department and the Chief
of the Bureau of Fire Prevention 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 Chief of the Bureau of Fire Prevention
shall post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
[Adopted 6-20-2006 by Ord. No. O:2006-26]
Outdoor fires are permitted within the Town of Phillipsburg, but only
within the following guidelines:
A. No outdoor fire may be set on residential property within
10 feet of any main or accessory structure on the property, including, but
not limited to, any dwelling, garage or shed.
B. Outdoor fires utilized for cooking must be contained
in a manufactured metal grill or other similar manufactured device intended
for such use and must be utilized strictly in accordance with the manufacturer's
requirements.
C. Outdoor fires utilized for any other recreational purposes
must either be contained in a manufactured device designed for such purpose
and utilized strictly in accordance with the manufacturer's requirements
or, alternatively, in a proper noncombustible stone, cement, brick, tile or
metal fire pit of no more than three feet in diameter, built and intended
for such purpose. Following the passage of this article, no new fire pits
may be constructed without the proper permits and inspections. For all existing
fire pits within the Town, should the Fire Chief or his designee determine
that a fire pit is unsafe, he may order that said fire pit not be used until
he or his designee deems said fire pit safe. Challenges to such an order may
be brought before the Town of Phillipsburg Municipal Court within the time
permitted by law to appeal municipal actions.
D. A fully functioning fire extinguisher or garden hose
that is properly connected to an unlimited water source must be available
for fire extinguishment purposes whenever any fire is ongoing.
E. No garbage, rubber, plastics, yard waste, green wood,
leaves, or soft wood, such as pine and cedar which cause excessive smoke,
may be burned outdoors at any time, as any smoke or odor from any outdoor
fire must be kept minimal.
F. Flames may not exceed two feet at any time and, should
the prevailing winds cause the smoke from said fire to blow into a neighboring
dwelling or property, said fire must be extinguished immediately. The Fire
Chief or his designee is authorized to require that any residential outdoor
fire be immediately extinguished if he determines that said fire constitutes
a hazardous condition. In addition, all members of the Phillipsburg Fire Department
and Phillipsburg Police Department are authorized to require that any residential
outdoor fire be immediately extinguished if smoke emissions are found to be
offensive to occupants of surrounding properties.
G. Residential outdoor fires must be attended at all times
by a competent adult owner or legal resident of the property from the time
said fire is commenced through the time said fire is completely extinguished.
H. The Fire Chief may prohibit all outdoor fires within
the Town of Phillipsburg when weather conditions or other local circumstances
make such fires hazardous.
Each and every person failing to comply with any of the provisions in this article, shall, upon conviction thereof, be punished as provided in Chapter
1, General Provisions, §
1-14, and the Municipal Judge before whom any such person may be brought may impose such punishment by fine or imprisonment in the county jail as he or she may see fit, not exceeding the maximum herein.