[HISTORY: Adopted by the Township Council of the Township of Lower as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 39.
Alarm systems — See Ch. 153.
Unfit buildings — See Ch. 206.
Uniform construction codes — See Ch. 235.
Electrical standards — See Ch. 291.
Fire control measures — See Ch. 313.
Fire districts — See Ch. 318.
Tampering with fire-fighting equipment — See Ch. 324.
Fire hydrants — See Ch. 330.
Fire insurance claims — See Ch. 333.
Fire zones, lanes and areas — See Ch. 345.
[Adopted by Ord. No. 78-100; amended in its entirety by Ord. No. 81-3 (Sec. 11-4 of the 1975 Code)]
The BOCA Basic Fire Prevention Code, Fifth Edition, 1981, and as hereafter amended by appropriate authorities of the State of New Jersey, is hereby adopted as the Fire Prevention Code of the Township of Lower, for the control of buildings and structures as therein provided, and each of the regulations, provisions, penalties, conditions and terms of the BOCA Basic Fire Prevention Code, Fifth Edition, 1981, are hereby incorporated herein by reference thereto and thereby made a part hereof.
[Amended by Ord. No. 82-4]
The enforcement authority for the Township, as specified in F-102.0 et seq. of the BOCA Basic Fire Prevention Code, and as such code is hereinafter amended and supplemented, shall be as follows:
A. 
The Board of Fire Commissioners shall select and appoint certain personnel from each fire district whose names will be promulgated and registered with the Clerk of the Township for each calendar year.
B. 
These duly authorized representatives from each fire district will have the responsibility of enforcing the provisions of the Fire Prevention Code within that fire district for the calendar year.
The Township fire prevention officials designated in § 340-2 above shall, in consultation with the Township Construction Official and the Township Fire Protection Official, and with the advice and consent of the Township Committee, promulgate the amount or amounts of all fees permitted under the said BOCA Basic Fire Prevention Code, Fifth Edition, 1981, deemed necessary by them.
Three copies of the BOCA Basic Fire Prevention Code, Fifth Edition, 1981, shall remain on file in the office of the Clerk of the Township.
If any future revision of the BOCA Basic Fire Prevention Code is unacceptable to the Township Committee, the Township Committee shall specifically revoke the provisions of this article that incorporate those revisions automatically or else said revisions shall upon their lawful passage be incorporated in the terms of this article, in accordance with § 340-1.
[Adopted by Ord. No. 90-5 (Sec. 11-5 of the 1975 Code)]
[1]
Editor's Note: Former §§ 340-6 through 340-11, pertaining to the enforcement of the Uniform Fire Safety Code, were repealed 8-2-2010 by Ord. No. 2010-07. See now Ch. 3, § 3-29.1.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the County Construction Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
[Amended by Ord. No. 95-33; Ord. No. 2002-2; Ord. No. 2002-29]
A. 
In addition to the inspections and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees for those uses not defined as life-hazard uses shall be required. The following buildings, uses and premises contained in this section, other than those that are incidental or auxiliary to the agricultural use of farm property, are subject to registration and periodic inspection requirements as hereby established. Where two or more of the same use or different uses exist at the same building or premises, each one shall be considered as separate and distinct for the purpose of this section and shall be registered pursuant thereto.
B. 
Uses.
(1) 
Business use as defined in the latest edition of the BOCA Basic National Building Code, where there is a single tenant.
(2) 
If there is a business use as defined above, where there is more than one tenant, same would result in the use of the schedule hereinafter noted, with the sole exception that an additional fee of $20 per tenant would be charged in each instance.
(3) 
Where the building or structure has more than one use which may include a business use as defined above, then each individual use shall be subject to the appropriate fee as set forth in this section.
(4) 
Mercantile uses as defined in the latest edition of the BOCA Basic National Building Code shall be subject to the registration fee as set forth in the schedule hereinafter noted.
(5) 
Storage buildings as defined in the latest edition of the BOCA Basic National Building Code shall be subject to the registration fee as set forth in the schedule hereinafter noted.
(6) 
Factory and industrial uses as defined in the latest edition of the BOCA Basic National Building Code shall be subject to the registration fee as set forth in the schedule hereinafter noted.
(7) 
Residential use groups as defined in the latest edition of the BOCA Basic National Building Code shall be subject to the registration fee as set forth in the schedule hereinafter noted.
(8) 
Uses not classified above will be classified as business uses.
(9) 
Where more than one additional use exists under one ownership at a given location, the highest use shall be registered at full fee and subsequent use at 3/4 of the scheduled fee.
[Amended 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
Total Gross Floor Area Including Basement
(square feet)
Registration Fees
0 to 1,000
$110
1,001 to 2,000
$120
2,001 to 3,000
$130
3,001 to 4,000
$140
4,001 to 5,000
$145
5,001 to 6,000
$155
6,001 to 7,000
$160
7,001 to 7,500
$180
7,501 to 8,000
$215
8,001 to 9,000
$240
9,001 to 9,500
$265
9,501 to 10,500
$300
10,501 to 11,500
$330
11,501 to 12,000
$340
For an additional 1,000 square feet or more, the registration fee is an additional $30.
(10) 
Eating and drinking establishments/assembly uses with less than 50 occupants, the fee shall be $115.
[Amended 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
(11) 
Hotels and motels with 100 rooms or less and not defined as life-hazard uses, the fee shall be $175.
[Amended 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
(12) 
Buildings for the purpose of amusement, entertainment, recreation, strip malls, shopping centers and health spas, which are not defined as a life-hazard use, the fee shall be $185.
[Amended 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
(13) 
The fee for multidwelling units with three dwelling units or more shall be $80 and $23 for each additional dwelling unit.
[Amended 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
(14) 
For the sale of properties, the fee shall be $125. This fee of $125 shall include only the sale of property inspection applications received in the Fire Bureau office more than 10 working days from the settlement date. For all sale of property inspection applications received in the Fire Bureau office with less than 10 working days to settlement, the fee shall be $250. For rental properties, the fee shall be $125 dollars per unit. This fee of $125 shall include only the rental of property inspection applications received in the Fire Bureau office more than 10 working days from the occupancy date. For all rental property inspection applications received in the Fire Bureau office with less than 10 working days to occupancy, the fee shall be $250. This shall also include campground and mobile home park rental units such as, but not limited to, houses, cabins and trailers that are used for dwelling purposes. R-3 uses shall be inspected upon sale of property, and rental properties on change of tenant for yearly rentals, and prior to June 1 for seasonal rentals. The seasonal rental period shall be from June 1 through September 30 of any given year. There shall be a penalty of not less than $250 and not more than $1,200 for any rental property not registered and inspected as required by this section. The Bureau of Fire Safety shall, upon the sale of property and occupancy of a rental property including one- and two-family dwellings, conduct a fire inspection prior to settlement and/or occupancy for the purpose of:
[Amended 2-18-2004 by Ord. No. 2004-4; 3-19-2007 by Ord. No. 2007-04; 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No. 2011-03; 2-5-2018 by Ord. No. 2018-02]
(a) 
Establishing that the occupancy has not been changed unless the structure has been upgraded to the new use as required under the New Jersey Administrative Code 5:23-2.6(b), change of use group.
(b) 
Ensuring that the property is in compliance with the New Jersey Uniform Fire Code N.J.A.C. 5:70-4.19 and other fire safety requirements.
(c) 
Ensuring that the required fire extinguisher is properly located within the property and is maintained as per National Fire Protection Association Standard No. 10.
(d) 
Ensuring that any heat-producing device is inspected and certified safe by a professional prior to the Fire Bureau inspection.
(e) 
Ensuring that hood protection is being provided under combustible cabinets that are installed directly over cooking appliances.
(15) 
Whenever it becomes necessary for the Bureau of Fire Safety to perform a reinspection of a sale of property or a rental property for the same violation two or more times, there shall be an additional reinspection fee of $60 per reinspection commencing with the third reinspection and each subsequent reinspection thereafter.
[Amended 2-5-2018 by Ord. No. 2018-02]
(16) 
All uses listed in the aforementioned schedule shall be inspected annually for compliance with the provisions of this section and the New Jersey Uniform Fire Code, unless otherwise noted above.
[Amended by Ord. No. 95-33; Ord. No. 2002-2; Ord. No. 2002-29; 12-17-2007 by Ord. No. 2007-18; 2-5-2018 by Ord. No. 2018-02]
Fire safety permit fees shall be as follows:
A. 
Type 1 permit: $70.
B. 
Type 2 permit: $185.
C. 
Type 3 permit: $355.
D. 
Type 4 permit: $525.
There is hereby adopted by the Township of Lower National Fire Protection Association Code Number 54, the National Fuel Gas Code, and National Fire Protection Association Standard 58, the Standard for the Storage and Handling of Liquefied Petroleum Gases.
[Added by Ord. No. 91-6; amended 4-21-2008 by Ord. No. 2008-08]
A. 
All penalties as indicated in the New Jersey Administrative Code, Title 5, Chapters 18 and 18B (Uniform Fire Code), shall be adopted for the purpose of enforcing § 340-13B(1) through (13) and § 340-13B(15) of this article.
B. 
Any owner or his designated agent who fails to register and/or have an inspection of a rental property and/or sale of property as stated in § 340-13B(14) of this article shall be subject to a penalty of $500 or imprisonment for not more than 90 days, or both.
C. 
Failure to pay a required registration fee on time is a violation of this section. A penalty of the amount equal to the amount of the unpaid fee shall be assessed.
D. 
Where a premises has violations relative to the Uniform Fire Safety Act after notice from the Bureau of Fire Safety concerning violations and there is a failure to abate the violations within 60 days from said notice or any extension of time to abate violations, the Bureau of Fire Safety shall post a notice at all entrances to the premises stating that the premises is in violation of the Uniform Fire Safety Act and the posted notices shall remain until the violations are abated. Any removal of the notices by the owner, agent or occupant shall be subject to a penalty of $500 or imprisonment for not more than 90 days, or both. The form of notice shall be determined by the Fire Official.
[Added 2-23-2011 by Ord. No. 2011-05]
A. 
The Bureau of Fire Safety shall inspect fireworks being loaded onto barges or vessels in the Township of Lower. Said inspection shall include but not be limited to: all preloading site inspections, United-States-Coast-Guard-required port and barge inspections, equipment storage and loading, storage and handling of explosive materials.
B. 
A Type 3 permit is required by the Lower Township Bureau of Fire Safety, as well as a standby fee of $50 per hour, with $300 payable upon application. Said fee in excess of $300 must be paid to the Bureau of Fire Safety within five business days following the event.
C. 
Said permit fee and a Bureau of Fire Safety Personnel Standby contract must be executed 15 days prior to each event.
D. 
Site security must be provided by the Lower Township Police Department at the expense of the permit applicant.
E. 
The Bureau of Fire Safety may prevent the loading of fireworks onto a barge or vessel in the Township of Lower if any of the applicable codes, standards or general safety practices are not in compliance, or if any unsafe act is committed.
[Added 3-20-2017 by Ord. No. 2017-02]
A. 
The following structures shall be equipped with a key box installed at a location that is approved by the Fire Official, which shall be at the main entrance or such other location or locations as required by the Fire Official:
(1) 
Residential rental properties protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency.
(2) 
Commercial and industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency.
(3) 
Multidwelling unit structures that have restricted access through locked doors and have a common corridor for access to the dwelling units.
(4) 
Government owned structures, assisted living or nursing care facilities.
(5) 
Other structures, including but not limited to: airport hangers, gated nature trails, gated sportsman's clubs, water towers, solar fields or utility enclosures, educational facilities (public and private) and places of worship that have been determined to be secured in a manner that restricts access during an emergency.
B. 
The owner of the structure shall be responsible for the cost of installation and maintenance of the key box. For the purpose of this section, "owner" shall mean the individual or legal entity holding title to the structure or the property upon which the structure is located. In the case of a condominium, the "owner" shall mean the condominium association or, in the event there is no condominium association, the "owner" shall mean all of the condominium owners collectively.
C. 
All newly constructed structures subject to this section shall have the key box installed and operational prior to the issuance of a certificate of occupancy. All structures in existence on the effective date of this section and subject to this section shall have 180 days from the effective date of this section to have a key box installed and operational.
D. 
As used in this section, the term "key box" shall mean a type of key lock box system capable of storing keys for the purposes set forth in this section, the exact type and manufacturer of which shall be approved by the Fire Official.
E. 
The owner or operator of a structure required to have a key box shall, at all times, keep a key or keys in the key box that will allow for access to all points of egress capable of being locked, whether on the interior or exterior of the structure, mechanical equipment rooms, electrical rooms, elevator controls, fenced or secured areas, or any other room, enclosure or area as required by the Fire Official.
F. 
The Fire Official is authorized to promulgate administrative rules, regulations and procedures to further the purposes of this section and to file same with the Township Clerk.
G. 
For the violation of any provision of this section, the maximum penalty, upon conviction of the violation, shall be a fine of not less than $100. Each day that violation of any provision of this section exists shall be deemed a separate offense.
H. 
This section shall not apply to owner-occupied one- and two-family dwellings.