[HISTORY: Adopted by the Township Council
of the Township of Lower by Ord. No. 90-17 (Sec. 11-6 of the 1975
Code). Amendments noted where applicable.]
A.
Hospitals, nursing homes and convalescent homes.
(1)
The developers of property to be used for the purpose
of constructing a nursing home, convalescent home, hospital or other
similar use shall submit a site plan to the Commissioners of Fire
District No. 1, No. 2 or No. 3 in the Township of Lower, County of
Cape May (hereinafter referred to as "Commissioners"), and/or their
designated agents of the Township of Lower, showing the location of
all existing and proposed buildings, accessory structures, parking
spaces, lighting, screening, paved and landscaped areas, curb cuts
providing ingress and egress to the said property, curbs and sidewalks,
the flow of traffic upon said premises and such information as the
Commissioners and/or their designated agents may require. Said site
plan shall be submitted prior to the issuance of any building permit
for said hospital, nursing home, convalescent home or other related
use. The site plan shall be reviewed by the Commissioners and/or their
designated agents to determine if any fire hazard exists, and the
approval of the site plan by the Commissioners and/or their designated
agents shall be prerequisite to the issuance of any such building
permit.
(2)
Whenever it is deemed necessary for public safety,
the Commissioners and/or their designated agents may require the owners
or operators of any nursing home, convalescent home, hospital or other
similar use to designate fire zones at entrances, loading doors or
accessways to said premises and fire lanes in driveways leading from
streets to the fire zones. The size of the fire zones and/or fire
lanes shall be set at the discretion of the Commissioners and/or their
designated agents based upon the size of the property and such other
facts as the Commissioners and/or their designated agents may deem
relevant. Fire zones shall be outlined in yellow on the paved surface
and shall contain, within said outline, the phrase FIRE ZONE in yellow
lettering and shall further be striped with diagonal yellow lines.
Fire lanes shall be outlined in yellow with the phrase FIRE LANE in
yellow lettering on the paved surface. A diagram demonstrating the
proper manner of painting and lettering of FIRE ZONES and FIRE LANES
shall be made available by the Commissioners and/or their designated
agents. All lines, striping and lettering shall be legible at all
times. In those instances wherein physical markings of the fire zones
or fire lanes on ground surfaces is not practical as determined within
the discretion of the Commissioners and/or their designated agents,
the required markings may be waived by the Commissioners and/or their
designated agents, and signs only as specified herein will be required
which shall clearly set forth the appropriate fire zones, fire lanes
or any other designation. A metal fire zone and/or fire lane sign
shall be provided, erected and maintained by the owner or operator
of the property and shall be placed and directed by the Commissioners
and/or their designated agents. Said signs shall indicate the terms
FIRE ZONE and/or FIRE LANE, shall be of a design and quality and shall
be lettered according to the provisions of the State Code and shall
be approved by the Commissioners and/or their designated agents. A
diagram of a fire zone and/or a fire lane sign shall be made available
by the Commissioners and/or their designated agents.
(3)
No person shall, at any time, park a motor vehicle,
locate a garbage dumpster or, in any other manner, obstruct a fire
zone or a fire lane whether or not that motor vehicle is occupied
or the motor is running. If, at any time due to weather conditions,
vandalism or any extenuating circumstances, one of the fire zone or
fire lane signs or surface markings is not visible, the remaining
markings or signs visible shall be deemed sufficient to provide notice
of the existence of such fire zone or fire lane for the purpose of
enforcement of this chapter.
B.
Multiple-dwelling units, condominium projects, cooperative
housing projects, places of public assembly, office buildings, private
schools, shopping centers and commercial or industrial uses, public
or parochial schools, mobile home parks and campgrounds.
(1)
Whenever it is deemed necessary for public safety, the Commissioners and/or their designated agents may require that the owners or operators of a multiple-dwelling unit, condominium project, cooperative housing project, place of public assembly, office building, public, private or parochial school, shopping center, mobile home park, campgrounds or any commercial or industrial use delineate fire zones and fire lanes in those areas deemed essential by the Commissioners and/or their designated agents for access to parking lots, buildings and accessory uses. Fire zones and fire lanes shall have the dimensions and be outlined, striped and lettered in the same manner as provided in Subsection A(2) of this section. All markings shall be maintained and signs shall be lettered in the manner as set forth in the aforesaid subsection.
(2)
No person shall, at any time, park a motor vehicle,
locate a garbage dumpster or, in any manner, obstruct a fire zone
and/or a fire lane. A motor vehicle shall be deemed to be obstructing
a designated fire zone or a fire lane whether or not the motor vehicle
is occupied or the motor is running.
C.
Fire areas.
(1)
The Bureau of Fire Safety and/or its designated agents
shall establish fire areas for multiple-dwelling units, condominium
projects, cooperative housing projects, places of public assembly,
office buildings, public, private and parochial schools, shopping
centers, mobile home parks, campgrounds and any other commercial or
industrial use. A fire area shall be that area which is determined
by the Bureau of Fire Safety and/or its designated agents to remain
unobstructed at all times so as to provide access to buildings by
Fire Department and other emergency vehicles and to allow access to
fire hydrants and standpipes and fire protection devices.
(2)
The number of fire areas, their locations, size and manner of marking shall be determined by the Bureau of Fire Safety and/or their designated agents. The Bureau of Fire Safety and/or its designated agents shall determine the location of a fire area on the basis of size, type and location of the buildings on the property, the manner in which the property is used, the number of motor vehicles operated and parked upon the premises, the number of persons using and occupying the premises, the existing means of ingress and egress, the total area of the property, the size of all parking lots on the property and such other relevant factors as the Bureau of Fire Safety and/or its designated agents may determine upon inspection of the property involved. The Bureau of Fire Safety shall give notice to the owner or operator of the premises of the marking or signs required to designate a fire area. The markings and signs shall be provided by the owner or operator within 30 days of receipt of the notice. All markings and signs shall be provided and maintained in the manner as set forth in Subsection A(2) of this section.
(3)
The Bureau of Fire Safety and/or its designated agents
are authorized to regulate, restrict and prohibit the parking and
operation of motor vehicles in and near such fire area and may impose
such regulations necessary to insure that the fire area remains free
from obstructions.
(4)
No person shall, at any time, park a motor vehicle,
locate a garbage dumpster or, in any other manner, obstruct a fire
area. A motor vehicle shall be deemed to be obstructing a designated
fire area whether or not the motor vehicle is occupied or the motor
is running.
D.
Towing. The Bureau of Fire Safety and/or its designated
agents are authorized to tow motor vehicles and remove all obstructions
from any fire zone, fire lane or fire area. The Bureau of Fire Safety
and/or its designated agents are also authorized to tow motor vehicles
and remove obstructions parked or standing within 10 feet of a fire
hydrant. All motor vehicles and other obstructions which are removed
pursuant to this subsection may be stored in a storage area approved
by the Bureau of Fire Safety and/or its designated agents. The cost
of removal and such storage shall be charged to the owner of the vehicle
or other obstruction, and the charge shall be paid prior to the release
of said vehicle or obstruction, if the owner can be identified, within
24 hours after removal of said vehicle or obstruction.
E.
Penalties. Any person who is in violation of this
section shall be subject to the following penalties:
(3)
Any person or corporation violating any other provision
of this section, failing to comply with any order made pursuant to
this section or building in violation of plans and specifications
submitted to the Bureau of Fire Safety and/or its designated agents
and approved pursuant to the terms of this section shall be subject
to a fine of not more than $500 or imprisonment for not more than
90 days, or both.
F.
Enforcement. The Bureau of Fire Safety and/or its
designated agents and the Lower Township Police Department shall have
concurrent jurisdiction to enforce the provisions of this section.
G.
Appeal. Any owner or operator of a building or property affected by the provisions of this section who shall disagree with the determination of the Bureau of Fire Safety and/or its designated agents concerning the location of fire zones, fire lanes or fire areas shall have the right to appeal. The appeal shall consist of a hearing before the Bureau of Fire Safety and/or its designated agents. The request for an appeal shall be made to the Bureau of Fire Safety and/or its designated agents within 30 days after notification by the Bureau of Fire Safety and/or its designated agents of the location of the fire zones, fire lanes or fire areas. The Bureau of Fire Safety and/or its designated agents may reverse or amend its prior decision if it is determined that the location of the fire zones, fire lanes or fire areas creates an undue hardship to the owner or operator, would unduly interfere with the normal operation of the business on the property or such other reasons acceptable to the Bureau of Fire Safety and/or its designated agents. A decision shall be made by the Bureau of Fire Safety and/or its designated agents within seven days from the date of the hearing. A majority vote of the Bureau of Fire Safety and/or its designated agents shall be necessary to reverse or amend the original location of the fire zones, fire lanes or fire areas. The owner or operator of the building or property shall comply with the decision of the Bureau of Fire Safety and/or its designated agents within 30 days from receipt of the notice of the decision. Failure to comply with the decision of the Bureau of Fire Safety and/or its designated agents as provided herein shall subject the owner or operator to the penalties as provided in Subsection E of this section.
[Amended by Ord. No. 91-22; Ord. No. 2002-28; 12-17-2007 by Ord. No. 2007-19]
A.
Initial review of a site plan or subdivision by the
Commissioners and/or their designated agents is required to be made.
When any alterations or changes are undertaken by an applicant, which
changes the original site plan or subdivision, the plans must be resubmitted
and reviewed by the Bureau of Fire Safety, and/or its designated agents.
The fees shall be set forth below.
B.
All reviews are valid for a one-year period, after
which a review will be deemed unacceptable and a resubmission will
be required.
C.
The fees shall be as follows:
[Amended 2-7-2011 by Ord. No. 2011-02]
