ARTICLE IFire Prevention Code (§ 151-1 — § 151-10)
ARTICLE IIFire Inspections (§ 151-11 — § 151-16)
§ 151-1Adoption of standards.
§ 151-2Fire Marshal to be enforcing official.
§ 151-4Flammable liquid storage districts established.
§ 151-5Bulk storage of liquefied petroleum gas limits established.
§ 151-6Amendments to standards.
§ 151-7Authority of Fire Marshal to modify standards.
§ 151-9Posting of notice of additional uses requiring permits.
§ 151-10Violations and penalties.
There is hereby adopted by the Township Committee of the Township of Riverside 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 American Insurance Association, being particularly the 1970 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by § 151-6 of this Article), of which code not fewer than three copies have been and now are filed in the office of the Clerk of the Township of Riverside and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Article shall take effect, the provisions thereof shall be controlling within the limits of the Township of Riverside.
The Fire Prevention Code shall be enforced by the Fire Marshal, who shall be appointed by the Mayor and Township Committee for a term of one year commencing January 1 and expiring December 31 or until his successor is appointed, upon recommendation to the Township Committee by the fire company. The Fire Marshal shall be under the direction, control and supervision of the Fire Chief and the Fire Chief shall be under the control and supervision of the Director of Public Safety appointed from among its members by the Mayor and Township Committee. The Township Committee may provide for compensation of the Fire Marshal in the annual salary ordinance.
The Fire Marshal may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Fire Marshal shall recommend to the Township Committee 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 examinations shall be for an indefinite term with removal only for cause.
A report of the Fire Marshal shall be made annually and transmitted to the Mayor and Township Committee; it shall contain all proceedings under this Article, with such statistics as the Fire Marshal may wish to include therein; the Fire Marshal shall also recommend any amendments to the code which, in his judgment, shall be desirable.
As used in this Article, the following terms shall have the meanings indicated:
- CORPORATION COUNSEL
- The Attorney for the Township of Riverside.
- The Township of Riverside.
The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: The entire Township of Riverside.
The limits referred to in Section 16.51 of the Fire Prevention Code in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as follows: The entire Township of Riverside.
The limits referred to in Section 21.6a of the Fire Prevention Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: The entire Township of Riverside.
The Fire Prevention Code is amended and changed in the following respects: Division VI, Service Stations of Article 16, Flammable and Combustible Liquids, Revised October, 1966, in its entirety.
The Fire Marshal 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 modifications when granted or allowed and the decision of the Fire Marshal thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant and the Township Committee.
Whenever the Fire Marshal 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 have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the Township Committee of the Township of Riverside within 30 days from the date of the decision appealed.
The Township Committee of the Township of Riverside, the Chief of the Fire Department and the Fire Marshal 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 Fire Marshal shall post such list in a conspicuous place in his 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 in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Riverside Township Municipal Court or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
§ 151-11Designated officers authorized to inspect premises.
§ 151-12Removal of obstructions.
§ 151-13Installation of proper appliances.
§ 151-14Compliance with orders required.
§ 151-15Violations and penalties.
§ 151-16Construal of terms.
The Chief of Riverside Fire Company No. 1 and all officers and members designated by the Township Committee are hereby empowered and authorized at any and all reasonable times to enter upon any premises, building or structure within the corporate limits of the Township of Riverside for the purpose of examining and inspecting the same to ascertain the condition thereof with reference to the presence, arrangement or deposit of any articles, materials, substances, goods, wares or merchandise which may have a tendency to create danger by fire in said premises, building or structure or to create danger in case of fire on or in said places or personal injury to or loss of life of the occupants of or persons on or in said premises, building or structure; also with regard to the condition, size, arrangement and efficiency of any and all appliances for protection against fire on or in such premises, building or structure.
If they shall find upon such inspection any rubbish, debris, waste or combustible materials and that the same is not arranged or disposed of so as to afford safeguard against fire, or if they shall find that the articles, material, goods, wares and merchandise on or in said premises, building or structure are so arranged and disposed of that the occupant or occupants thereof or persons rightfully on or in said premises, building or structure would not, because of such arrangement and disposition, be afforded free access to the exits of said premises, building or structure in case of fire, or if they shall find that, by reason of such arrangement or disposition, the members of the Fire Department would unnecessarily and unreasonably be interfered with in the exercise of their duties in and about such premises, building or structure in case of fire in the same, they may order, in writing, the removal of such rubbish, debris, waste or combustible materials from said premises, building or structure or the disposing and arranging of the same on or in said premises, building or structure in such manner as will remove such danger from fire. They may also order, in writing, that such articles, materials, goods, wares or merchandise be so arranged and disposed of on or in said premises, building or structure that the occupants thereof or the persons rightfully on or in the same will be afforded all reasonable access to the exits from the same in case of fire, and the members of the Fire Department will be afforded all reasonable facilities for the discharge of their duties in and about said premises, building or structure in case of fire.
If they shall find that the appliances on or in such premises, building or structure for protection against fire are not in proper condition or of insufficient size or number or are otherwise insufficient for the purpose for which the same are designed and intended or if they shall find that such appliances are reasonably necessary for the protection of such premises, building or structure and are wholly wanting, they shall order, in case of such improper condition or insufficiency, that the same be placed in proper condition and sufficient to afford protection against fire, and in the case of absence of such appliances where they may find that they are necessary for protection against fire, they may order the installation of appliances sufficient to afford protection in case of fire to said premises, building or structure and to the occupants thereof or persons rightfully on or in the same.
Such order or orders hereinbefore mentioned shall be directed to the owner or owners, lessee or occupant or agents in charge of such premises, building or structure or to the person or persons in control of the articles, materials, goods, wares or merchandise herein referred to or to the owner thereof, as the circumstances may require, and it is hereby made the duty of such owner, lessee, occupant or agent of such premises, building or structure and of such person in control of such articles, materials, goods, wares and merchandise or the owner thereof to comply with such order or orders within the time specified in the written notice from the Chief of Riverside Fire Company No. 1 or his assistants.
Any owner, lessee or occupant of such building, premises or structure or any person in control of such articles, materials, goods, wares and merchandise as hereinabove mentioned or the owner thereof who shall fail or neglect to discharge the duties imposed by this Article and the orders of the Chief of Riverside Fire Company No. 1 or his assistants shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days.
The terms "owner," "lessee," "occupant" and "person in control of," as used in the foregoing, shall be construed to include the plural as well as the singular and artificial persons as well as real.