[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 3-8-1993 by Ord. No. 1993-6.] Amendments noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.) shall be locally enforced in the City of Bordentown.
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be known as the "Bureau of Fire Prevention, Fire District No. 1."
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the City of Bordentown, other than one- and two-unit owneroccupied dwellings used exclusively for dwelling purposes, and buildings, structures and premises owned or operated by the federal government, interstate agencies or the state.
The Bureau of Fire Prevention named in § 162-2 of this chapter shall be administered and supervised by a Fire Official who shall provide quarterly status reports to the Board of Engineers, City of Bordentown as to inspections and related Fire Code matters within the city.
The Board of Engineers shall then provide annual reports to the City Commissioners as to the status of the operation of the local enforcing agency and shall make periodic recommendations, as necessary, as to technical amendments, fees and the continuation of the interlocal services agreement with the local enforcing agency.
Appointment and qualifications of Fire Official. The Fire Official shall be certified by the state and appointed by the Bureau of Fire Prevention, District No. 1, subject to the interlocal services agreement.
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the Bureau of Fire Prevention, District No. 1, upon the recommendation of the Fire Official, subject to the interlocal services agreement. All life hazard use inspectors must be certified by the state.
Term of office. The term shall be set by the Bureau of Fire Prevention, District No. 1, subject to the city's right of withdrawal contained in the interlocal services agreement referenced herein.
Removal from office. The Fire Official, inspectors and other employees of the agency shall be subject to removal from city service either upon the Board of Commissioners' approval of the recommendation of the Board of Engineers that the city withdraw from the interlocal services agreement or upon the decision of the Board of Commissioners that such removal is in the city's best interests.
The Bureau of Fire Prevention established by § 162-2 of this chapter shall carry out, through the Fire Official, the periodic inspections of life hazard uses required by the Uniform Construction Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act and the New Jersey Uniform Fire Code, as modified, the following additional inspections and fees shall be required:
Commercial uses not classified as life hazard uses shall be inspected once a year. Such uses shall pay an annual registration fee as contained in the Schedule of Fees and Deposits. These uses include but are not limited to the following:
Restaurants, food concessions and soup kitchens.
Marine motor craft service and indoor storage uses.
Small engine service uses.
Indoor motor vehicle storage uses.
Day care and day nurseries providing service to fewer than six children.
Prekindergarten and early childhood education programs, including "Head Start," operated by public and private schools.
Any establishment, such as a health club or bowling alley, that provides a baby-sitting service for children of its patrons.
Overnight camps providing service to fewer than six children.
Hotels and motels having fewer than 100 guest rooms and fewer than two stories and with access to the rooms being from the exterior of the building.
Residences for members of religious orders.
Dry cleaning, coin-operated dry cleaning and laundromats.
Unoccupied industrial buildings.
Municipal jail having fewer than six cells.
Medical, dental and oral surgery offices.
Garden supply stores and plant nurseries.
Public and private outdoor athletic facilities having open bleachers.
Truck service stations, truck repair stations and truck stops.
Garden apartments shall be inspected once a year. Such uses shall pay an annual registration fee as contained in the Schedule of Fees and Deposits for each building inspected.
Mobile home parks shall be inspected once a year. Such uses shall pay an annual registration fee as contained in the Schedule of Fees and Deposits for the first two mobile homes and an additional fee as contained in the Schedule of Fees and Deposits for each mobile home in excess of two.
Warehouses not classified as life hazard uses shall be inspected once a year. Such uses shall pay an annual registration fee as contained in the Schedule of Fees and Deposits for each 50,000 square feet of interior space or fraction thereof.
Hotels, motels, boardinghouses, buildings containing three or more apartments and similar buildings used to provide sleeping accommodations to travelers and not for permanent residence shall be inspected once every five years. Such uses shall pay an inspection fee at the time of the inspection as contained in the Schedule of Fees and Deposits, per unit.
Self storage facilities providing individual storage spaces for furniture and household goods shall be inspected once a year. Such uses shall pay an annual registration fee as contained in the Schedule of Fees and Deposits for every 50 units or fraction thereof.
The Bureau will provide copies of investigation reports to property owners or their insurance carriers for a fee as contained in the Schedule of Fees and Deposits. Copies of photographs or other documents will be provided at cost, plus a handling fee as contained in the Schedule of Fees and Deposits.
Change of use of occupancy. Whenever there is a proposed change in the use and/or occupancy of a building, structure or premises used for other than residential use, the owner or owner's authorized agent shall request a Fire Code compliance inspection prior to the proposed change in use or occupancy. The fee for the certificate of inspection and compliance to be issued after the inspection shall be as contained in the Schedule of Fees and Deposits.
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
Uses required to register with the state as life hazard uses shall not be required to register under this section.
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
All residential uses except R-A uses shall be inspected in the common areas only.
The Board of Engineers shall recommend, as necessary, increases and/or modifications in fees for inspections for non-life hazard uses in its reports to the Board of Commissioners.
The application fees for the permits listed in N.J.A.C. 5:18-2.7(b) shall be as provided by state regulation and are currently as follows:
The following provisions are adopted as local amendments of the technical standards of the State Fire Code, N.J.A.C. 5:18-1.1 et seq., provided that none of the following provisions shall require a building which complies with the Uniform Construction Code to comply with more restrictive requirements than those found in the Uniform Construction Code. The Board of Engineers shall recommend, as necessary, modifications and/or additions to these technical amendments in its reports to the Board of Commissioners.
Salvage burning prohibited. The burning of insulation from wire or motors for the purpose of salvage is prohibited. The burning of any type of vehicle is prohibited.
Dumpsters. Dumpsters shall not be located closer than 25 feet to any building, except where it is physically impossible. A decision shall be made by the Fire Official, taking into account any approved site plan for the property.
Fire debris removal. Fire debris shall be removed from any public way, including sidewalks, streets, alleys and driveways, within 20 days of the fire incident.
Outside storage. The outside storage of combustible or flammable materials shall not be more than 20 feet in height and shall be compact and orderly. Such storage shall be located as not to constitute a hazard and not less than 15 feet from any other building on the site or from a lot line.
Driveway accessibility. Parking in access driveways is prohibited.
Erroneous signs prohibited. All signs which erroneously identify the use of occupancy of a building or structure shall be removed on order of the Fire Official.
Numbering of buildings. All buildings other than use group R-3 (one- and two-family dwellings) shall conspicuously display their street address number with a minimum size figure of three inches. The numbers must be clearly visible at all times from the center of the street.
Recharging suppression system. It is the responsibility of the owner of the suppression system and the agency called to service the system to notify the Fire Official when a system has been discharged. No suppression system shall be recharged without an inspection by the Fire Official or his representative.
Extinguishers. All hand-operated portable fire extinguishing equipment shall be selected, distributed, inspected, maintained, tested and recharged in accordance with NFPA 10; except that fire extinguishers shall be wall-mounted so the top of the unit is not more than 48 inches above the finished floor. The Fire Official shall survey all buildings except single-family and multifamily dwelling units and shall specify suitable manual fire-extinguishing equipment to be installed.
Disapproved fire extinguishers. Soda acid, foam-loaded stream, antifreeze and water portable fire extinguishers of the inverting type or nonapproved vaporizing-liquid extinguishers or devices of any type shall not be recharged or placed in service for fire protection use. Extinguishers of these types shall not be considered approved for fire protection use under the provisions of this code and shall immediately be removed from service.
Fire escape restraining device. All fire escapes with a movable lower section, other than counter-balance stairs, shall be equipped with a quick release immediately upon activation. Any rope, wire or chain on an existing movable section of a fire escape intended to be used to return the movable section to the "ready" position shall be removed.
Prohibited door hardware. Draw bolts, slide bolts, barrel bolts, surface bolts, flush bolts, hook hasp and padlocks and key-operated deadbolts from the egress side are prohibited on all egress doors. All such locking devices shall be removed and the egress door hardware made to conform with approved egress hardware. Exception: Draw bolts, hooks and key-operated deadbolts are permitted on egress doors of dwelling units, provided that the key cannot be removed when the door is locked from the side from which egress is to be made.
Door obstruction. Egress doors shall not be used for the display of any advertising signs whatsoever. Egress doors shall not be decorated in any way that would obscure or confuse the purpose of the door. The posting of the words: Entrance, Exit, In, Out, Push and Pull and the street address, as well as business hours, are permitted on egress doors as long as they do not obstruct the door.
Door identification. The Fire Official may require the labeling or identification of any door that leads to a hazardous area, such as a boiler room, furnace room, mechanical room, electrical equipment room or flammable store room. The Fire Official may also require other doors to be labeled or identified, such as main electrical service, alarm panel room, gas meter or store room. Sidewalk doors to a below-grade space which does not have steps shall be labeled with the word "shaftway" with a minimum of four-inch letters.
Dispensing of combustible fuels. Combustible fuels such as kerosene and diesel fuel shall not be dispensed from dispensing units located in the same island location as gasoline or other flammable fuel dispensing units. Combustible fuel dispensing units shall be a distinctively different color from flammable fuel dispensing units and shall be clearly labeled with the name of the fuel dispensed. The Construction Official shall forward a copy of all plans received for the construction or alteration of fuel dispensing facilities to the appropriate Fire Official for review and approval prior to the issuance of a construction permit. The standards set forth for the dispensing of combustible fuels shall become effective upon adoption of this chapter for all fuel dispensing facilities to be constructed or modified thereafter.
Prohibited outdoor cooking devices. The use of portable or mobile cooking devices such as propane stoves and charcoal grills is prohibited in all residential use groups other than the R-3 use group. This prohibition applies to the use of the described cooking devices within and above the foundation of each R-3 use group building and within an area 15 feet from the foundation or perimeter of each R-3 use group building.
Fire lane parking enforcement. Parking of vehicles or otherwise obstructing areas designated and marked as fire lanes is prohibited. The fire lane regulations shall be jointly enforced by the Police Department and the Fire Officials and Fire Inspectors of the respective Fire Districts. Any person found to have violated this paragraph shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. If no such body exists, appeals shall be made to the County Construction Board of Appeals.
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
All existing ordinances of the City of Bordentown which are inconsistent with the provisions of this chapter are hereby repealed, specifically, but not limited to, those inconsistent provisions of Chapter 162. This chapter shall become effective upon passage and publication as required by law.
Editor's Note: This reference is to former Ch. 162, Firesafety, adopted 12-23-1985 by Ord. No. 1985-18, as amended.