[Adopted by Ord. No. 85-270 (Sec. 15-1 of the 1996 Revised
General Ordinances)]
[Amended by Ord. No. 02-008]
A.
The Uniform Fire Safety Act (P.L. 1983, c. 383, N.J.S.A.
52:27D-192 et seq.) was enacted for the purpose of establishing a
system for the enforcement of minimum firesafety standards throughout
the State of New Jersey.
B.
The Uniform Fire Safety Act authorized municipalities
to provide for local enforcement and the establishment of a local
enforcement agency.
C.
The Uniform Fire Code (N.J.A.C. 5:70 et seq.) has
been promulgated by the Commissioner of the Department of Community
Affairs pursuant to authority conferred by the Uniform Fire Safety
Act (N.J.S.A. 52:27D-192).
D.
It is in the best interests of the Township of Manchester
to have the Uniform Fire Safety Act enforced by a local enforcing
agency.
[Amended by Ord. No. 02-008]
The words hereinafter defined shall have the
meanings herein indicated for the purpose of this article as follows:
An inspection fee shall be required for all structures or
uses where 100 or fewer persons may assemble for the purpose of amusement,
entertainment and/or recreation, including health spas. Exception:
life hazard uses pursuant to N.J.S.A. 52:27D-192 et seq.
An inspection fee shall be required for all structures used as multiple dwellings as follows: multiple dwellings (such as apartment buildings) with common areas accessible to the tenants and/or public. Exception: If a part of a complex of buildings doing business under one name and with a common owner, there shall be a fee for the first building and a fee for each additional buildings; fees are included in § 179-10.[1]
An inspection fee shall be required for any nonresidential
use of less than 400 square feet of gross floor area, with the exception
of those businesses registered with the State of New Jersey as life
hazard uses pursuant to N.J.S.A. 52:27D-192 et seq.
An inspection fee shall be required for any nonresidential
use of more than 400 square feet up to and including 2,500 square
feet gross floor area, with the exception of those buildings registered
with the State of New Jersey as life hazard uses, pursuant to N.J.S.A.
52:27D-192 et seq.
An inspection fee shall be required for any nonresidential
use of 2,501 square feet up to and including 5,000 square feet of
gross floor area, with the exception of those buildings registered
with the State of New Jersey as life hazard uses, pursuant to N.J.S.A.
52:27D-192 et seq.
An inspection fee shall be required for any nonresidential
use of 5,001 square feet up to and including 12,000 square feet of
gross floor area, with the exception of those buildings registered
with the State of New Jersey as life hazard uses, pursuant to N.J.S.A.
52:27D-192 et seq.
An inspection fee shall be required for any nonresidential
use of over 12,000 square feet of gross floor area, with the exception
of those buildings registered with the State of New Jersey as life
hazard uses, pursuant to N.J.S.A. 52:27D-192 et seq.
Inspections and certificates regarding smoke detectors required
for sale, lease or other occupancy of one- and two-family dwellings
required by P.L. 1991, c. 92 (N.J.S.A. 52:27D-192 et seq.).[2]
An inspection fee shall be required for any use and/or occupancy
which is an eating or drinking establishment that has a capacity of
less than 50 occupants and in which no alcoholic beverages are served,
regardless of floor area.
[Amended by Ord. No. 88-340; Ord. No. 02-008]
Pursuant to Section 11 of the Uniform Fire Safety
Act (N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code shall
be enforced by a local enforcing agency established in the Township
of Manchester.
[Amended by Ord. No. 02-008]
The local enforcing agency shall be the Bureau
of Fire Prevention, which is hereby created in the Township of Manchester.
[Amended by Ord. No. 02-008]
The Bureau of Fire Prevention of the Township
of Manchester shall enforce the Uniform Fire Safety Act and the Uniform
Fire Code and all regulations adopted thereunder in all buildings,
structures and premises within the Township of Manchester, other than
owner-occupied one- and two-family dwellings, and shall comply with
all of the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
[Amended by Ord. No. 88-340; Ord. No. 02-008]
The Bureau of Fire Prevention of the Township of Manchester established pursuant to § 179-4 shall conduct and carry out the periodic inspection of life hazard uses and buildings, as required by the Uniform Fire Code, on behalf of the Commissioner of Community Affairs.
[Amended by Ord. No. 88-340; Ord. No. 02-008]
A.
The Bureau of Fire Prevention of the Township of Manchester established pursuant to § 179-4 shall be part of the Department of Administration and under the direct supervision and control of the Manchester Township Fire Marshal, who shall report to the Director of Inspections, Land Use and Planning.
B.
The Bureau of Fire Prevention shall be directly responsible
to the Director of Inspections, Land Use and Planning, who shall provide
general direction.
C.
The Township Attorney is hereby appointed as the legal
counsel to assist the Bureau of Fire Prevention in the enforcement
of the code. The Township Attorney shall advise the agency and take
such actions at law as the Township Fire Marshal shall deem necessary
to gain compliance with the code.
[Amended by Ord. No. 88-340; Ord. No. 02-008]
A.
Appointment of Fire Marshal. The Bureau of Fire Prevention
shall be under the direct supervision of a Municipal Fire Marshal,
who shall be appointed by the Township Mayor of the Township of Manchester.
The Fire Marshal also may be the Fire Subcode Official appointed pursuant
to the State Uniform Construction Act.
B.
Fire Marshal.
(1)
Term of office. The Municipal Fire Marshal shall serve
for a term of one year commencing January 1 and ending December 31
of each year, but the initial appointment shall commence on the date
of appointment and terminate December 31 of the year of initial appointment.
(2)
Certification. No person shall be appointed as Fire
Marshal unless certified in accordance with Subchapter 4, N.J.A.C.
5:71.
(3)
Vacancies in the office of Fire Marshal. Any vacancies
created in the office of Fire Marshal shall be filled for the unexpired
term in accordance with this section.
C.
Deputy Fire Marshal and employees. The Deputy Fire
Marshal and other employees as shall be deemed necessary for the proper
operation of the Bureau of Fire Prevention shall be appointed by the
Mayor on the recommendation of the Fire Marshal.
D.
Duties of Fire Marshal and Deputy Fire Marshal. It
shall be the duty of the Fire Marshal and Deputy Fire Marshal to enforce
the code and regulations in accordance with the Uniform Fire Safety
Act and Uniform Fire Code.
E.
Salaries. Salaries of the Fire Marshal and Deputy
Fire Marshal shall be established in accordance with the Salary Ordinance
of the Township of Manchester. In the event that the Fire Marshal
and Fire Subcode Official are the same person, the salary shall be
adjusted accordingly by the Township in the Salary Ordinance.
F.
Removal or suspension.
(1)
The Fire Marshal, Deputy Fire Marshal and employees
of the Bureau of Fire Prevention shall be subject to removal or suspension
by the Township Administrator for inefficiency, misconduct or violation
of the Uniform Fire Code, the regulations for code enforcement or
of this article.
(2)
Any Fire Marshal, Deputy Fire Marshal or employee
so removed or suspended shall be notified in writing of the grounds
for the proposed removal or suspension and shall be given an opportunity
to reply, in writing or in person, to the Township Administrator within
10 days of receipt of the notification. The Fire Marshal, Deputy Fire
Marshal or employees shall be notified, in writing, of the final determination
of removal or suspension within five days after receipt of the written
or verbal reply.
(3)
Each Fire Marshal, Deputy Fire Marshal or employee
so removed or suspended shall be afforded an opportunity to be heard
by the Township Council or designated hearing officer by filing a
written notice of appeal with the Clerk of the Township within five
days of receipt of the final determination of removal or suspension.
The decision of the Township Council or designated hearing officer
shall be final.
[Amended by Ord. No. 02-008]
Pursuant to Sections 15 (N.J.S.A. 52:27D-206)
and 17 (N.J.S.A. 52:27D-208) of the Uniform Fire Safety Act, any person
aggrieved by any order of the local enforcement agency shall have
the right to appeal to the Construction Board of Appeals of the County
of Ocean, State of New Jersey.
[Amended by Ord. No. 02-008; 2-22-2021 by Ord. No. 21-10]
A.
In addition to the inspection fees required pursuant to the Act and
the regulations of the Department of Community Affairs for life hazard
uses, the following additional inspections and fees shall be required:
|
Type of Use
|
Fee
|
|---|---|
|
Nonresidential:
| |
|
Nonresidential less than 400 square feet
|
$40
|
|
Nonresidential 401 to 2,500 square feet
|
$60
|
|
Nonresidential 2,501 to 5,000 square feet
|
$80
|
|
Nonresidential 5,001 to 12,000 square feet
|
$100
|
|
Nonresidential greater than 12,000 square feet
|
$125
|
|
Multiple dwellings:
| |
|
First building
|
$75
|
|
Additional buildings
|
$25
|
|
Amusement/entertainment less than 100 people
|
$100
|
|
Restaurant less than 50 people
|
$75
|
|
Residential smoke detector compliance
|
$100
|
|
Inspection requests
| |
|
Inspection request less than five days ahead of
closing
|
An additional $75
|
|
Inspection request 24 hours or less before closing
|
An additional $85
|
|
(Request must be made by 3:00 p.m. for next day
inspection whether in-person or via on-line citizen portal)
| |
|
Reinspection fee - missed appointments and locked doors at no
fault of the Inspector
|
$50
|
|
Assembly use:
| |
|
Less than 50 occupants
|
$75
|
|
Amusement/entertainment less than 100 people
|
$100
|
|
Business use/mercantile use:
| |
|
Less than 400 square feet
|
$40
|
|
Between 401 and 2,500 square feet
|
$60
|
|
Between 2,501 and 5,000 square feet
|
$80
|
|
Between 5,001 and 12,000 square feet
|
$100
|
|
Greater than 12,000 square feet
|
$125
|
B.
All non-life-hazard uses shall be inspected annually.
[Amended by Ord. No. 02-008]
In addition to the registration of life hazard
uses, the permit fees established by the Uniform Fire Code are hereby
adopted by the Township of Manchester.
[Amended 2-8-2021 by Ord. No. 21-06]
A.
Applications - reoccupancy and resales. Applications for residential reoccupancy for resales or rental units shall be required to comply with regulations of this chapter. In the case of residential rental units, landlords must also comply with the provisions in Chapter 242.
B.
Rental for certain time periods prohibited.
[Amended 7-11-2022 by Ord. No. 22-20]
(1)
Notwithstanding anything to the contrary contained in the Township
Code, it shall be unlawful for an owner, lessor, sublessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partner or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of less than
30 days.
(2)
The lease or rental, for any purpose, of any amenity, feature, accessory
or appurtenance to or associated with a dwelling shall be prohibited.
(3)
Nothing in this article will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of 30 days or more.
C.
Inspection fees.
(1)
An inspection fee will be required as per § 179-10 and is to be paid to the Township of Manchester prior to the issuance of the certificate of reoccupancy. No fee will be charged for the first reinspection, if necessary, for the issuance of a certificate of occupancy. In the event a unit fails a reinspection, a full inspection fee shall be paid for each reinspection thereafter. No certificate of occupancy will be issued until all fees are paid in full. See § 179-10 for a full explanation of fees.
(2)
No owner, agent or owner, real estate agent or broker, firm, company, partnership, corporation, bank or person or persons, friend, relative, or business acquaintance, shall sell, rent, transfer, grant, lease, let, mortgage, or allow the right of occupancy or otherwise dispose of the ownership or occupancy thereof; whether or not for consideration of chattel, currency or trade of and whether such disposal of ownership or occupancy be temporary or permanent, any dwelling, dwelling unit, rooming house, rooming unit, boardinghouse, condominium, or the premises on which such a building is located and is used or intended to be used for human occupancy until a certificate of reoccupancy approval be obtained from the enforcing officer of this article or his agent stating that the building so described therein complies with the Uniform Fire Code, officially adopted property maintenance code and is furthermore in compliance with Chapter 430, Article I, Water Connections, of the Township Code.
D.
Nonpermitted uses.
(1)
The following shall not be permitted to operate as rentals, pursuant
to this section: hotel, motel, studio hotel, rooming house, dormitory,
public or private club, convalescent home, rest home, home for aged
people, adult family care homes, assisted living facilities, community
residences for developmentally disabled persons, community shelters
for victims of domestic violence, senior housing, nursing homes, foster
home, halfway house, transitional housing facility, or other similar
facility operated for the care, treatment, or reintegration into society
of human beings; any housing owned or controlled by an educational
institution and used exclusively to house students, faculty or other
employees with or without their families, any housing operated or
used exclusively for religious, charitable or educational purposes,
or any housing owned by a governmental agency and used to house its
employees or for governmental purposes.
(2)
Rentals shall not be permitted in a multiple dwelling in which rent
is set by HUD, set by a state agency, set by an agreement with the
owner/developer.
E.
Regulations.
(1)
It shall be unlawful for any owner/agent of any property within the
geographic bounds of the Township of Manchester, Ocean County, New
Jersey, to rent, operate, or advertise a rental in a manner that is
contrary to the procedures and regulations established in this section
or applicable state Law.
(2)
The rental owner/agent shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as a rental.
(3)
The rental owner/agent shall publish the rental permit number issued
by the Township in every print, digital, or internet advertisement
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey Real Estate Commission, in which the rental
is advertised.
(4)
In no event shall a dwelling be rented to anyone younger than 21
years of age. The property occupant of all rentals executing the agreement
between the owner and the occupant must be over the age of 21, and
must be the party who will actually occupy the property during the
term of the rental. The primary occupant may have guests under the
age of 21 who will share and occupy the property with them. Both the
primary occupant executing the rental agreement and the owner/agent
shall be responsible for compliance with this provision, and shall
both be liable for a violation, where the rental is not occupied by
at least one adult over the age of 21, during the term of the rental.
F.
Enforcement/penalties.
(1)
The provisions of this article shall be enforced by the Code Official,
as their jurisdiction may arise, including legal counsel for the Township
or other persons designated by the Township Council to issue municipal
civil infractions directing alleged violators of this article to appear
in court or file civil complaints.
(2)
Any person found to have violated any provision of this article,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this article.
[Amended by Ord. No. 90-88-340]
A.
Contingency plan required.
(1)
Each owner or operator of a storage facility, manufacturing
or other industrial or commercial establishment in which toxic or
hazardous materials are used in the preparation of the final product
for sale, including those establishments where toxic or hazardous
materials are retained as by-products of the operations within such
manufacturing or other industrial or commercial establishment, shall
have a contingency plan for such facility. The contingency plan shall
be designed to minimize hazards to human health or the environment
from fires, explosions, or any unplanned sudden or nonsudden release
of hazardous or toxic material or waste constituents to the air, soil
or surface water.
(2)
The provisions of the plan shall be carried out immediately
whenever there is a fire, explosion, or release of hazardous or toxic
material or hazardous waste constituents which could threaten human
health or environment.
(3)
The provisions of the plan shall describe the actions
facility personnel shall take to comply with this article in response
for fires, explosions, or any unplanned sudden or nonsudden, release
of hazardous or toxic material in the air, soil, or surface water
at the facility. The plan shall describe arrangements agreed to by
the Manchester governing body, Township of Manchester Emergency Management
Service Coordinator, Township of Manchester Police Department, hospitals,
contractors, state and federal emergency response teams.
(4)
The plan shall list names, addresses, and telephone
numbers (office and home) of all persons qualified to act as emergency
coordinator for the facility, and this list shall be kept up-to-date.
Where more than one person is listed, one shall be named as primary
emergency coordinator and others shall be listed in the order in which
they will assume responsibility as alternates.
(5)
The plan shall include a list of all emergency equipment
at the facility (such as fire-extinguishing systems, spill-control
equipment, communications and alarm systems (external and internal),
and contamination equipment), where this equipment is required. This
list shall be kept up-to-date. In addition, the plan shall include
the location and a physical description of each item on the list,
and a brief outline of its capabilities.
(6)
The plan shall include an evacuation procedure for
facility personnel where there is a possibility that evacuation could
be necessary. This plan shall describe signals to be used to begin
evacuation, evacuation routes, and alternative evacuation routes (in
cases where the primary routes could be blocked by releases or hazardous
or toxic material or fires).
(7)
A copy of the contingency plan and all revisions to
the plan shall be:
(8)
The contingency plan shall be reviewed and immediately
amended, if necessary, whenever:
(a)
Applicable regulations are revised;
(b)
The plan fails in an emergency;
(c)
The facility changes (in its design, construction,
operation, maintenance or other circumstances) in any way that materially
increases the potential for fires, explosions, or releases hazardous
or toxic material or hazardous waste constituents, or changes the
response necessary in an emergency;
(d)
The list of emergency coordinates changes; or
(e)
The list of emergency changes.
(9)
All times (24 hours a day, seven days a week), there
shall be at least one employee either on facility premises or on call
with the responsibility for coordinating all emergency response measures.
This emergency coordinator shall be thoroughly familiar with all aspects
of the facility's contingency plan, all operations and activities
at the facility, and location and characteristics of hazardous and
toxic material at the installation, the location of all records within
the facility and the layout of buildings and storage at the facility.
In addition, this person shall have the authority to commit the resources
needed to carry out the contingency plan.
(10)
Emergency procedures are as follows:
(a)
In the event of any fire or explosion, whenever
there is an imminent or actual emergency situation, including spills
of toxic materials, the emergency coordinator (or a designee, when
the emergency coordinator is on call) shall immediately:
[1]
Notify the Township of Manchester (Fire Department
and Police Department) by telephone or by direct wire alarm system;
[2]
Identify the character, exact source, amount
and area of any incident;
[3]
Activate internal facility alarms or communication
systems, where applicable, to notify all facility personnel.
(b)
Concurrently, the emergency coordinator shall
assess possible hazards to human health or the environment that may
result from the discharge, fire, or explosion. This assessment shall
consider both direct and indirect effects of the discharge, fire or
explosion.
(c)
If the emergency coordinator determines that
the facility has had a discharge, fire or explosion which would threaten
human health or the environment, inside or outside the facility, the
emergency coordinator shall:
[1]
Immediately notify the Township if an assessment
indicates that evacuation inside the facility or the local areas may
be advisable. The emergency coordinator shall be available at all
times to help Township of Manchester officials decide what local areas
should be evacuated.
(d)
The emergency coordinator shall advise local
emergency response personnel (Fire Department and Police Department)
of the actual hazardous or toxic material involved in the incident.
(e)
The emergency coordinator and facility owner
or operator shall note in the operating record the time, date, and
details of any incident that requires implementing the contingency
plan or response of Township of Manchester emergency response personnel.
Within seven days after the incident, the emergency coordinator and
owner or operator shall submit a written report on the incident to
the Township of Manchester (Emergency Management Services Coordinator).
This report shall include, but not be limited to:
[1]
Name, address and telephone number of the owner
or operator;
[2]
Name, address, and telephone number of the facility;
[3]
Name, address, and telephone number of the emergency
coordinator in charge of the incident;
[4]
Date, time and type of incident;
[5]
Name and quantity of materials involved;
[6]
An assessment of actual or potential hazards
to human health or the environment;
[7]
The extent of injuries, if any;
[8]
Assessment of the scope of magnitude of the
problem or incident;
[9]
Description of the immediate actions that have
been taken and the estimated quantity and disposition of the material
involved in the accident;
[10]
Provide implementation schedule
for undertaking suggested changes to the contingency plans and emergency
procedures, and measures to eliminate any problems.
B.
Reporting requirement.
(1)
It shall be unlawful for the owner or other person
in possession or control of any toxic, hazardous or life hazard use
material, or storage facility or part thereof, to fail to report any
fire or unauthorized discharge, spill, leak or any recognizable loss
of toxic or hazardous material therefrom, within any facility; or
whenever there is an imminent or actual emergency situation within
any facility or part thereof. Failure of the facility, or owner, or
person in possession or control thereof, or other person who had sufficient
evidence that he knew or should have known of the unauthorized discharge,
spill, leak, loss, fire, or imminent or actual emergency situation
within, to notify and report immediately to the Manchester Police
and Fire Departments and the Emergency Management Services Coordinator,
shall be a violation of this section.
(2)
A report to the Township shall not be deemed compliance
with any reporting requirement of any other federal, state or local
law.
C.
Violation; enforcement. Any person, firm or corporation
in violation of any portion of this article shall be subject to a
fine of not less than $100 and not exceeding $2,000 or imprisonment
in the county jail for a term not exceeding 90 days, or a period of
community service not exceeding 90 days. Any person, firm or corporation
convicted in violation of this article within one year of the date
of a previous violation of the same offense shall be sentenced to
an additional fine as a repeat offender. Each and every day during
which the violation exists shall be deemed a separate offense.[1]
