[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-16-1975 by Ord. No. 9-1975]
There is hereby adopted by the Mayor and Council of the Borough of Tuckerton, 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 §§ 163-9 and 163-10 of this article, of which code not less than three copies have been and now are filed in the office of the Clerk of the Borough of Tuckerton 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 Borough of Tuckerton.
There will be a fee of $25 for all permits required by any section of
the Fire Prevention Code.
A.
The Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention in the Fire Department of the Borough of Tuckerton which
is hereby established and which shall be operated under the supervision of
the Chief of the Fire Department.
B.
The Fire Marshal in charge of the Bureau of Fire Prevention
shall be appointed by the Mayor and 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 after public trial.
C.
The Chief of the Fire Department may detail such members
of the Fire Department as inspectors as shall from time to time be necessary.
The Chief of the Fire Department shall recommend to the Mayor and 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 chief executive officer of the municipality;
it shall contain all proceedings under this code, with such statistics as
the Chief of the Fire Department may wish to include therein. The Chief of
the Fire Department shall also recommend any amendments to the code which,
in his judgment, shall be desirable.
As used in this article and the code adopted hereby, the following terms
shall have the meanings indicated:
The Fire Marshal of the Borough of Tuckerton.
The Attorney for the Borough of Tuckerton.
The Borough of Tuckerton.
The limits referred to in Section 12.5b of the Fire Prevention Code,
in which storage of explosives and blasting agents is prohibited, are hereby
established as follows: the limits of the Borough of Tuckerton.
A.
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 limits of the
Borough of Tuckerton.
B.
The limits referred to in Section 16.61 of the Fire Prevention
Code, in which new bulk plants for flammable or combustible liquids are prohibited,
are hereby established as follows: the limits of the Borough of Tuckerton.
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 limits of the Borough of Tuckerton.
The fire lanes referred to in Section 28.16 of the Fire Prevention Code
are hereby established as follows:
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(Reserved)
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(Reserved)
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The Chief of the Bureau of Fire Prevention shall have the 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 records of the Department and a signed copy shall be furnished
the applicant.
Whenever the Chief of the Bureau of Fire Prevention 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 Chief of the Bureau of Fire Prevention to
the Mayor and Council within 30 days from the date of the decision appealed.
The Mayor and Council, 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.
A.
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 Mayor and Council or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such violation
and noncompliance respectively, upon conviction thereof, be punishable by
a fine of not more than $500 or by imprisonment for a term not to exceed 90
days, or by both such fine and imprisonment, in the discretion of the Judge.
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.
B.
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
[Adopted 8-6-1979 by Ord. No. 7-1979]
Every building constructed for single-family and two-family occupancy
within the Borough of Tuckerton shall have installed therein and thereafter
maintained an approved fire detection system. The detector shall be of the
ionization or other approved type, sensitive to any of the products of combustion,
except that a detector sensitive to heat only is unacceptable. The detector
shall be of the type operated by battery
or electricity on a specific circuit. A minimum of one detector shall be required
on each level or floor containing sleeping quarters. Alarm signaling devices
shall be clearly audible in all bedrooms when all intervening doors are closed.
For the purpose of installation and maintenance, only the applicable sections
of National Fire Prevention Association (NFPA) No. 74, Standard for the Installation,
Maintenance and Use of a House Fire Warning System, shall constitute accepted
practices. Installation of the fire detection system must have prior approval
of the Construction Code Official or Fire Subcode Official of the Borough
of Tuckerton.
Every building constructed for multifamily residential occupancy, including
but not limited to hotels, motels, rooming houses and apartment complexes,
shall have installed an approved, supervised fire detection system. The detector
shall be of the ionization type, sensitive to any of the products of combustion,
except that detectors sensitive to heat only are not acceptable. A minimum
of one detection system shall be required on each level or floor of individual
units containing sleeping quarters. Also, one unit shall be required at each
central exitway and at the top of each stairway. Fire alarm enunciated panels
shall be provided at such locations as required by the Construction Code Official
or Fire Subcode Official of the Borough of Tuckerton.
No single-family, two-family or multifamily residences shall be sold
or rented after the adoption of this article, and no structural changes or
alterations of a value in excess of $1,000 shall be made thereto, unless and
until the residence meets the requirements of the above sections.
Failure to install and/or maintain a fire detection system will result
in a fine not to exceed $500 or imprisonment of 90 days, or both.
