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City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 20.
Uniform construction codes — See Ch. 73.
Zoning — See Ch. 202.
[Adopted 6-4-1985 as Ord. No. 1480-85; amended in its entirety 6-17-1986 by Ord. No. 1503-86]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced in the municipality of the City of Woodbury.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 and, in particular, N.J.S.A. 52:27D-202.
[Amended 11-28-2005 by Ord. No. 2015-05]
The local enforcing agency shall known as the Bureau of Fire Prevention.
[Amended 5-10-2001 by Ord. No. 1916-01]
The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City of Woodbury, other than owner-occupied one- and two-family dwellings used exclusively for dwelling purposes, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Amended 5-10-2001 by Ord. No. 1916-01]
The Bureau of Fire Prevention, as the local enforcing agency, shall inspect all premises, except owner-occupied detached Use Group R-3 structures used exclusively for dwelling purposes. These inspections shall be made in accordance with the schedule contained in the Code, when required under any cyclical inspection program and as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to spread of fire, interfere with fire operations, endanger life or any condition constituting violations of the provisions or intent of the Code or a locally adopted amendment. Except in the case of cyclical inspection programs or other good cause, inspection shall not include occupied dwelling units.
[Amended 5-10-2001 by Ord. No. 1916-01; 7-28-2015 by Ord. No. 2234-15]
The Bureau of Fire Prevention, as the local enforcing agency, shall be under the direct supervision and control of the Fire Official who shall report to the Fire Administrator or, in the absence of the Fire Administrator, the City Administrator or his/her designee.
[Amended 5-10-2001 by Ord. No. 1916-01; 7-28-2015 by Ord. No. 2234-15]
The Bureau of Fire Prevention, as the local enforcing agency, shall be under the direct supervision and control of the Fire Official who shall be the Fire Marshal in charge of fire prevention in the Fire Department who shall report to the Fire Administrator or, in the absence of the Fire Administrator, the City Administrator or his/her designee.
[1]
Editor's Note: See Ch. 20, Fire Department.
The fire official, inspectors and other employees of the enforcing agency shall be subject to the personnel policies as set forth in Chapter A181, § A181-32 and thereon of the ordinances of the City of Woodbury.
[Amended 5-10-2001 by Ord. No. 1916-01]
A person aggrieved by any ruling, action, order or notice of the local enforcing agency pursuant to the Code shall be entitled to an administrative hearing before the Construction Board of Appeals of Gloucester County created pursuant to Section 9 of P.L. 1975, c. 215 (N.J.S.A. 52:27D-127).
[Amended 6-13-2000 by Ord. No. 1897-00; 4-10-2006 by Ord. No. 2021-06; 5-14-2013 by Ord. No. 2179-13]
In addition to the inspection and fees required by the Act and the regulations of the New Jersey Uniform Fire Code, Division of Fire Safety, the following inspections and fees shall be required.
A. 
Inspection and Fee Schedule for all business and buildings as defined in the Uniform Construction Code of New Jersey, N.J.S.A. 52:27D-119 et seq., as amended, and not classified as life-hazard building in accordance with N.J.A.C. 5:70.
(1) 
Business.
Building Type
Inspection
Frequency
Registration
Fee
1 and 2 stories, with less than 5,000 square feet per floor
Once every 12 months
$50
1 and 2 stories, with 5,000 square feet or more per floor
Once every 12 months
$95
3 to 5 stories, with less than 5,000 square feet per floor
Once every 12 months
$90
3 to 5 stories, with more than 5,000 square feet per floor
Once every 12 months
$125
(2) 
Factory.
Building Type
Inspection
Frequency
Registration
Fee
Factory, high hazard
Once every 6 months
$170
Factory, low hazard
Once every 12 months
$95
(3) 
Mercantile.
Building Type
Inspection
Frequency
Registration
Fee
1 and 2 stories, with less than 5,000 square feet per floor
Once every 12 months
$80
1 and 2 stories, with 5,000 square feet or more per floor
Once every 12 months
$90
3 to 5 stories, with less than 5,000 square feet per floor
Once every 12 months
$120
3 to 5 stories, with 5,000 square feet or more per floor
Once every 12 months
$140
(4) 
Residential. Includes buildings with dwelling units not listed as life-hazard uses with the New Jersey Division of Fire Safety, except owner-occupied one- and two-family dwellings.
Building Type
Inspection
Frequency
Registration Fee
(per building
R-2, 3 to 4 units
Once every 12 months
$50
R-2, 5 to 8 units
Once every 12 months
$80
R-2, 9 to 12 units
Once every 12 months
$120
R-2, 13 to 20 units
Once every 12 months
$200
R-2, over 20 units
Once every 12 months
$20 per unit
(5) 
Storage.
Building Type
Inspection
Frequency
Registration
Fee
Storage, moderate hazard
Once every 12 months
$170
Storage, low hazard
Once every 12 months
$90
(6) 
Place of assembly.
Building Type
Inspection
Frequency
Registration
Fee
Restaurants, meeting/lecturer halls, less than 50 persons
Once every 12 months
$95
(7) 
Educational.
Building Type
Inspection
Frequency
Registration
Fee
Educational, less than 50 persons
Once every 12 months
$70
(8) 
Vacant buildings. Buildings that are vacant shall maintain all required fire alarms, sprinklers and standpipe systems in service.
Building Type
Inspection
Frequency
Registration
Fee
Vacant buildings
Once every 12 months
$50
B. 
Any owner, agent or lessee who fails to pay the prescribed registration fee within 30 days of written notification shall be in violation of this chapter and shall be subject to a fine not exceeding $5,000.
[Amended 6-13-2000 by Ord. No. 1897-00; 4-10-2006 by Ord. No. 2021-06; 9-25-2018 by Ord. No. 2291-18]
The application fee for permit shall be as established by New Jersey State Uniform Fire Code N.J.A.C. 5:70-2.9 (c).
A. 
Type 1: $54.
B. 
Type 2: $214.
C. 
Type 3: $427.
D. 
Type 4: $641.
[Added 6-13-2000 by Ord. No. 1897-00; amended 4-10-2006 by Ord. No. 2021-065-14-2013 by Ord. No. 2179-13]
The application fee for a certificate of fire code status and/or inspection for any building and/or premises for the purpose of obtaining a certificate of occupancy for the City of Woodbury Housing Department shall be $50.
[Added 6-13-2000 by Ord. No. 1897-00; amended 4-10-2006 by Ord. No. 2021-065-14-2013 by Ord. No. 2179-13]
The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be as established by New Jersey State Uniform Fire Code, N.J.A.C. 5:70-2.9(d).
[Added 6-13-2000 by Ord. No. 1897-00; amended 4-10-2006 by Ord. No. 2021-06]
The fee established for copies of fire reports and fire investigations for insurance companies, owners and/or occupants shall be $40.
[Added 6-13-2000 by Ord. No. 1897-00; amended 4-10-2006 by Ord. No. 2021-065-14-2013 by Ord. No. 2179-13]
A. 
As per N.J.A.C. 5:70-2.13(a), (b), and (c), the fee established for Fire Department apparatus, labor, and material incurred by suppressing a fire, as well as any other actual expenses, are as follows:
Service
Fee
Apparatus
$150 per hour
Fire fighter
$50 per hour
Materials and equipment
Replacement cost
B. 
As per the Municipal Code of the City of Woodbury Chapter 103, Hazardous Substances, the fee established for Fire Department apparatus, labor, and material incurred during cleanup and removal associated with a hazardous substances discharge shall be as follows:
Service
Fee
Apparatus
$150 per hour
Fire fighter
$50 per hour
Materials and equipment
Replacement cost
[Added 6-12-2006 by Ord. No. 2028-06]
A. 
The Fire Department shall bill and recover the cost of fire-fighting materials used and expended; the cost of the use of the fire trucks, fire engines, rescue equipment and/or any other fire equipment; the cost of personnel hours; the cost of hazardous situations abatement materials; and any other reasonable costs incurred, with respect to any helicopter landing to which the Fire Department responds, specifically including but not limited to any helicopter landing at a designated helispot for the Underwood Memorial Hospital or any other health facility, that occurs in the City of Woodbury.
B. 
The Fire Department shall bill in accordance with the schedule set forth in § 89-14.
[Adopted 9-25-2018 by Ord. No. 2293-18]
As used in this article, the following terms shall have the meanings indicated:
APPROVED CONTAINERS
Noncombustible containers approved by the Fire Marshal for use in burning open fires or outdoor fires, which include but may not be limited to chimeneas, outdoor fireplaces, fire pits, patio warmers or other portable wood-burning devices used for outdoor recreation and/or heating and which meet the minimum standards set forth in this article.
BARBECUE PIT
A meal or gathering which food is cooked outdoors on a rack over an open fire or on a special appliance.
BONFIRE
An outdoor fire utilized for ceremonial purposes.
FIRE MARSHAL
The legally designated Fire Marshal of the City of Woodbury or his or her designee.
FIREWOOD
Wood that has been cut into pieces so that it can be burned on a fire. Examples: oak, maple, cherry, birch, pine, elm, chestnut.
OPEN BURNING
The kindling of a fire in the open air with or without containment or in outdoor structures that permit the products of combustion to be emitted directly into the ambient air space, excluding gas or charcoal grill barbecues.
OUTDOOR STRUCTURES
Outdoor fireplaces, fire pits, receptacles, chimeneas, or other devices that permit the products of combustion to be emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber and which do not provide effective control of the air pollutants generated.
SEASONED DRY FIREWOOD
Wood for fuel that has been air-dried and has a moisture content value that is less than or equal to 50%.
A. 
All open burning in the City of Woodbury is prohibited unless specifically excepted herein.
B. 
All open burning except as set forth in § 89-22A shall require a permit from the Fire Marshal.
A. 
Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes and townhomes, subject to the regulations contained herein. All other locations shall require a permit from the Fire Marshal.
B. 
Bonfires are only permitted with the approval of the Fire Marshal, who may impose conditions on a permit at the Fire Marshal's discretion and are subject to the following additional regulations:
(1) 
A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
(2) 
A bonfire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours. The maximum size and duration of a bonfire shall not be increased by the fire marshal unless it is determined that the fire safety requirements of the situation and the desirable duration of burn warrant the increase.
(3) 
Fuel for a bonfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and fuel shall be chosen to minimize the generation of air contaminants.
All open burning shall comply with the provisions provided in the International Fire Code, New Jersey Edition, 2015, § 307, Open Burning and Recreational Fires.
All open burning is subject to the following requirements:
A. 
All fires shall be contained in outdoor structures or Fire-Marshal-approved containment only.
B. 
No open fire or outdoor fire shall be conducted within 15 feet of a structure, on any porch, deck, balcony or other portion of a building; within any room or space within a building; or under any building overhang; provided, however, that an open fire or outdoor fire may be conducted on a concrete or stone patio if all other provisions and proximity restrictions of this article are met.
C. 
Fires shall be limited to a maximum three-foot diameter and two feet in height and must be contained in a noncombustible chimenea, outdoor fireplace, fire pit, or other method approved by the Fire Marshal.
D. 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks and embers.
E. 
Fires must be kept at least 15 feet from any structure, or other combustibles that may ignite and permit the spread of a fire (examples: shrubs, trees, fences) and in an approved container.
F. 
Fires must be constantly attended until completely extinguished.
G. 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, untreated lumber, treated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited. The use of flammable liquids is strictly prohibited.
H. 
In addition to the provisions of this article, portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions.
I. 
The Fire Marshal, police officer, or any Fire Department officer may order an outdoor burning activity to cease if conditions are such or the activity is so situated as to endanger the health or safety of persons or property located in the general area of the activity or is offensive or objectionable such as but not limited to smoke entering a neighboring residence. If the party responsible for outdoor burning activity does not immediately comply with an order to cease given pursuant to this subsection, the Fire Marshal, his designee or the Fire Department may extinguish the fire and the party responsible shall be subject to the penalties set forth below. Any open fire or use of a chimenea, outdoor fireplace, or fire pit which creates a nuisance or is deemed to be a hazard is to be extinguished.
J. 
Outdoor burning is prohibited when the wind speed exceeds 10 miles per hour.
K. 
While outdoor burning is being conducted, it shall be attended by a person of at least 18 years of age at all times.
L. 
Adequate fire-suppression equipment such as shovels, fire extinguishers rated at 4A or larger, water hoses, or like equipment sufficient to extinguish the fire shall be present on the property at all times outdoor burning is conducted.
M. 
Only fireplace matches or a propane lighter may be used to start an open burn fire. It is recommended that a fire last no longer than three hours.
N. 
When finished, all not coals shall be extinguished with a water hose or bucket of water and be left alone at least 24 hours.
O. 
Hot coals and ash shall not be bagged or disposed of in a garbage container until they are thoroughly extinguished.
P. 
For all types of open burning except fireplaces inside single-family dwellings, open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.
Q. 
Whenever the Fire Department requires the extinguishment of any open burning, there is no appeal process and failure to extinguish the fire as ordered may result in arrest and/or severe monetary penalties.
R. 
No person shall cause an open fire or outdoor fire to be used or maintained in such a manner as to create a hazard or cause a nuisance to neighbors.
Any person violating the provisions of this article shall be subject to a penalty as follows:
A. 
First offense: a written warning.
B. 
Second offense: up to a $500 fine.
C. 
Third and subsequent offenses: A fine not to exceed $1,000, imprisonment for not more than 90 days and/or a period of community service not to exceed 90 days. Each day on which a violation occurs shall be considered a separate offense.