[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst 5-12-2011 by Ord. No. 2011-2. Amendments noted where applicable.]
Fire Department — See Ch. 35.
Open burning — See Ch. 147.
Housing standards — See Ch. 268.
Junkyards; abandoned vehicles — See Ch. 280.
Mobile home parks — See Ch. 309.
Property maintenance — See Ch. 358.
Editor's Note: This ordinance also superseded former Ch. 225, Fire Prevention, adopted 9-12-1985 by Ord. No. 85-9, as amended.
[Amended 6-7-2012 by Ord. No. 2012-5]
The local enforcing agency shall be the Winslow Township Fire District pursuant to a shared services agreement with the Borough of Chesilhurst; § 142-8, Fire Marshal, inspectors and employees.
Appointment of the Fire Marshal. The Fire Marshal shall be appointed by the Borough Council.
Removal from office. The Fire Marshal shall be subject to removal by the Borough Council for inefficiency or misconduct so long as guidelines for discipline are adhered to as outlined in the New Jersey Department of Personnel statutes.
Editor's Note: Reference to § 142-8 is to the Code of the Township of Winslow.
In addition to the inspections and fees for life-hazard uses, the following additional inspections and fees, as mandated by the State of New Jersey and the Borough of Chesilhurst shall be required (refers to Winslow Township Fire Department, Fire Prevention Division Inspection Fee Schedule):
The Fire Marshal will register all non-life-hazard structures and premises within the Borough, except single-family dwellings occupied by the holder of title to the property and any structures ancillary thereto and dwelling units within two-family and multifamily dwellings.
[Amended 6-7-2012 by Ord. No. 2012-5]
Inspection fees for non-life-hazard structures and premises shall be:
Residential buildings/residential use group: time of inspection, once every 12 months.
Residential use group: includes buildings with dwelling units not otherwise classified as life-hazard uses by the New Jersey Division of Fire Safety, except one- or two-family owner-occupied units.
Commercial, mercantile, business or industrial use groups include all buildings not listed as life-hazard uses by the New Jersey Division of Fire Safety. Fees are based upon gross floor areas occupied by that particular business.
Exemptions. The following buildings or structures, if not otherwise classified as a life-hazard use with the Division of Fire Safety, shall be exempt from registration fees, but shall comply with the registration and inspection requirements pursuant to the Act:
Municipally owned buildings.
Houses of worship (excluding rooms used for public assembly purposes, i.e., meeting halls, fellowship halls, rental halls).
Winslow Township civic groups, not for profit (i.e., athletic associations, Boy Scouts, little leagues).
Firesafety permit fees shall be in accordance with the fees established by the New Jersey Uniform Fire Code, § 5:70-2.9. All increases in the Uniform Fire Code are automatic, concurrent with the updating of that code.
Certificate of smoke detector/carbon monoxide detector compliance.
Civil court appearance and depositions.
Any employee or volunteer member of the Winslow Township Fire Department subpoenaed to testify in civil court or at a deposition shall appear and compensation to the Winslow Township Fire District shall be made as follows: $100 per hour, with a four-hundred-dollar-minimum four-hour block and 34.5 cents per mile plus tolls for distances exceeding 25 miles.
Investigative conferences and meetings.
Exclusive firesafety training.
Firesafety training beyond the normal scope and delivery of firesafety programs administered by the Fire District that is requested for the purpose of compliance with governmental regulation, including but not limited to fire extinguisher and evacuation planning, shall be compensated at the rate of $75 per hour.
Hazardous materials. All expenditures for providing hazardous materials mitigation supplied by the Winslow Township Fire District/Department will be the responsibility of the entity responsible and/or the owner of the property. Such costs will be itemized and reviewed by the Fire Chief prior to the invoice being sent to the responsible party and/or owner. The cost shall not exceed the estimated cost of providing the service. Once an invoice is received by an entity, payment shall be made in full within 60 days. Failure to pay within 60 days will result in the responsible party being liable for a further penalty upon conviction for nonpayment in Municipal Court. The penalty upon conviction is $50 for the first offense and $100 for each subsequent offense.
Collection of fees.
All fees and registration forms must be returned to the Fire Marshal's office within 30 days of having been mailed. Failure to respond within this thirty-day period will result in a default notice being sent by the Fire Marshal. If the registration and fees are not returned within 15 days of the default notice having been mailed, penalties will be imposed pursuant to the Uniform Fire Code. Failure to pay the registration fee or any penalties assessed shall result in a person being liable for a further penalty upon conviction for nonpayment or nonregistration. The penalty upon conviction is $50 for the first offense and $100 for each subsequent offense.
Collection of any unpaid fee or penalty shall be enforced through the Borough of Chesilhurst Municipal Court or a court of competent jurisdiction.
Authorization to bill and institute litigation for costs. The Fire Chief or his/her designee is hereby authorized to bill and collect the costs due from any person responsible for said costs and, where necessary, to direct the Fire District Solicitor to institute litigation for the recovery of such costs.
No relief of responsibility for ownership transfer. No property owner shall be relieved of the responsibility for costs of fire suppression arising under circumstances present during his/her ownership solely by reason of the fact that he/she has transferred ownership of the property before or after the fire giving rise to the costs.
Additional actions and remedies. The remedies provided in this section shall supplement any remedies available to the Fire District by state law or are cumulative as other Borough ordinances and shall not preclude the Fire District from taking any other action to recover costs associated with fire suppression services and the mitigation and removal of dangerous or hazardous conditions.
The regular business hours of the Winslow Township Fire Department, Fire Prevention Division, shall be 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Upon passage of this chapter, the following fee schedule shall be implemented for after-hour inspections where inspections are requested to be performed after regular business hours:
Storage or parking of internal combustion engine vehicle or equipment.
General. No person shall store or park, or cause to store or park, any internal combustion engine vehicle or equipment (including but not limited to: motorcycle, moped, dirt bike, lawnmower, blower, weed trimmer, snow blower or any such equipment) within or on any apartment or multifamily dwelling unit, porch, balcony, covered patio, entrance, exit, common area, laundry room, basement or mechanical room, or any other private area of an apartment or multifamily dwelling.
Exception: approved storage areas designed and constructed with the required fire separation as required by the New Jersey Uniform Construction Code in effect at the time of the building's construction.
General. The use, storage, operation or maintenance of any open fire or any device commonly known as a "barbecue" (also included are open flame torches, fireplaces or fire pots, chimneys, or other such similar devices or equipment) is prohibited in or on any apartment or multifamily dwelling unit porch, balcony, covered patio entrance (electric grills are permitted), exit, or any other private area of an apartment or multifamily dwelling unit.
General. No person shall erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses, or any other type of obstruction in or on any street or road within the Borough of Chesilhurst. The word "street" shall mean any cartway accessible for vehicular traffic, including but not limited to private streets or access lanes, fire lanes, as well as all public streets and highways within the Borough of Chesilhurst.
Exception. Nothing herein shall prohibit the use of temporary barricades within the Borough of Chesilhurst by any appropriate governmental authority.
Speed humps as described by the New Jersey Department of Transportation shall be permitted at the discretion of the Borough governing body based on a recommendation from the Borough Police Department and Consulting Engineer in consultation with the Winslow Township Fire Marshal.
Public buildings: Fire lanes/fire zones shall be designated on all land use plans and specifications for new construction or remodeling of any building. The Fire Marshal shall make recommendations as to the manner in which fire lanes and fire zones shall be set forth to the owner and to the Planning Board.
Design: Each fire lane shall be constructed to a minimum width of 18 feet, 12 feet of which shall be paved, graveled or constructed of appropriate stable base with grass or sod topping. Construction of the fire lane can be combined with a pedestrian path appropriately located and constructed. The minimum vertical clearance shall not be less than 14 feet. All fire lanes shall be visually designated either by their form or by the material used in their construction. In the event that a stable base with grass or sod topping is used in order to have the fire lanes blend with the landscaping, their location shall be shown by appropriate shrubbery or other designation authorized by the Winslow Township Fire Department, Fire Prevention Division. When determining the type of construction that is appropriate for the fire lane, consideration shall be given to the aesthetics of the site. When the turning radius is less than 28 feet of any travel lane, driveway, street, fire lane, fire zone, or Fire Department access road, the inside radius must be mountable curb and stabilized to accommodate the Winslow Township Fire Department ladder truck weight of 77,000 pounds. All fire lanes shall be maintained as originally designed, approved and installed.
Location: Fire lanes shall be located so as to serve the entire building from the building site, so as to provide the most direct means of access for all emergency vehicles and to be sufficiently close to the building to provide the means to provide protection for the structure while being far enough removed so as to provide safety for the emergency vehicles using the fire lanes in the event of the collapse of the building. However, the ultimate authority, with respect to the determination for the location of the fire lanes and fire zones, shall lie with the Fire Marshal for the Township of Winslow. The Fire Marshal shall make the aforesaid determination after reviewing recommendations of both the Borough Engineer and Borough Planner.
Signs and markings: Fire lanes and zones shall be appropriately posted with signs indicating the words "No Parking — Fire Lane" or "No Parking — Fire Zone" in red letters on a white background, with a red line bounding the perimeter of the sign, said sign to be a minimum of 12 inches by 18 inches, made with rust-resistant reflectorized coating, posted at the ends of each fire lane and at one-hundred-foot intervals therein. Fire zone areas shall also be designated by covering the face and top of the curb or painting a four-inch line on the pavement of the prohibited area with a solid yellow color of paint. The above criteria for the painting of fire areas is to be considered the minimum, and additional painting may be placed on the site consisting of crosshatches, solid yellow areas or such other designations, in addition to the curb or four-inch strip on the pavement as may serve as to act as a deterrent to parking in fire zones.
Towing expense: Any vehicle that is towed as a result of a violation of this section shall be towed at the expense of the registered owner of such vehicle.
Appeals. Pursuant to the applicable sections of N.J.S.A. 52:27-206, any person aggrieved by any order of any local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Camden County.
Commercial property identification of rear doors. The rear exterior doors on multiple tenant commercial properties shall be identified with minimum two-inch letters of contrasting colors stating the business name and unit number. The signage shall be provided and maintained up-to-date by the landlord at his expense. Names shall be updated as soon as occupancy changes.
Service fees. Fees for the services listed below shall be as follows:
Rapid entry boxes.
All buildings with an automatic fire alarm or sprinkler system or with roll down security shutters or grates are required to have a rapid access key box installed at the expense of the owner or occupant of the structure, in an accessible location to be approved by the Fire Marshal. The key box shall be a type approved by the Fire Marshal and shall be installed in a manner approved by the Fire Marshal. The key box needs to be of a size necessary to meet the needs of the building or complex and shall contain the following pertinent items:
Updated keys necessary for access to all points of the premises.
Keys to fire alarm control panels, keys necessary to operate or service fire alarm control panels and keys necessary to operate or service fire protection systems.
Electronic entry cards.
Elevator and emergency information.
Any other pertinent information which may be needed in an emergency or as required by the Fire Chief or Fire Marshal.
Access to key boxes shall only be available to authorized emergency personnel and only by the master key. A key inventory shall be conducted by the Winslow Township Fire Department once every three months.
Any building owner or occupant who fails to install a key box in violation of this chapter, after receiving due notice from the Fire Marshal, will be issued a minimum penalty of $100. If the violation remains unabated after 30 days from the date the original violation is issued, a daily penalty of $100 will be imposed for each day thereafter that the violation remains unabated.
Fire access roads.
The following provisions shall apply relative to fire access roads:
Fire apparatus access roads shall be provided in accordance with this chapter for every facility, use, building or portion of a building when any portion of a facility or any portion of an exterior wall of the first story of the building is located more than 100 feet from a fire apparatus access road as measured by an approved route around the exterior of the building or the facility in accordance with this chapter. Fire Department access roads shall include public and private roadways and travel lanes. When access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades or other similar conditions, the Fire Marshal is authorized to require additional fire protection.
More than one fire apparatus access road shall be provided when it is determined by the Fire Marshal that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
Fire access roads shall be maintained at all times as initially designed, approved and installed.
The following exceptions shall apply:
Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved by the Fire Marshal.
Obstruction and control of fire apparatus access.
General. The required width of a fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances shall be maintained at all times. Entrances to roads, trails or other accessways which have been closed with gates and barriers shall not be obstructed by parked vehicles.
Closure of accessways. The Fire Marshal is authorized to require the installation and maintenance of gates and barricades for access roads, trails or other accessways, not including pubic streets, alleys or highways. When required, gates and barricades shall be secured in an approved manner. Roads, trails, and other accessways which have been closed and obstructed shall not be used unless authorized by the property owner and the Fire Marshal.
[Amended 6-7-2012 by Ord. No. 2012-5]
Fire watch. For purposes of this chapter, the term "fire watch" shall mean a person assigned to be in an area for the express purpose of notifying the Fire Department of an emergency, preventing a fire from occurring, extinguishing small fires, or protecting the public from fire or life safety dangers addressed in this chapter.
[Added 4-10-2014 by Ord. No. 2014-3]
Scope. The provisions of this section shall apply to any person who operates, maintains or owns any fire alarm device or fire alarm system designed to produce a visual or audible signal of an emergency or otherwise designed to call and/or summon the Borough of Chesilhurst Police Department, the Borough of Chesilhurst Fire Department (as operated by the Winslow Township Fire Department) or any other municipal agency to any location in response to any type of fire alarm signal.
Definitions. As used in this section, the following terms, phrases, words and derivations shall have the following meanings:
- The Borough of Chesilhurst.
- For purpose of this section, wherever the term "Chief" appears by itself, it shall be interpreted to mean the Police Chief and/or the Fire Chief, as the context and circumstances require.
- FALSE FIRE ALARM
- Any fire alarm or signal of a fire alarm device or fire alarm system actuated by inadvertence, negligence, or an intentional or unintentional act of a person other than an intruder and including, as well, alarms caused by mechanical failure, malfunctioning or improper installation of the alarm system and related equipment.
- FIRE ALARM DEVICE or FIRE ALARM SYSTEM
- Any mechanical, electrical or electronic device, including smoke detectors, designed or used for the detection of fire, heat, and/or smoke within a building structure or facility or for alerting others about the existence of any such conditions requiring response of police, fire or ambulance personnel, and which emits and/or transmits an audible and/or visual signal or message when actuated.
- FIRE CHIEF
- The Fire Chief or Acting Fire Chief of the Winslow Township Fire Department (when acting on behalf of the Borough) or his/her designated representative. For purposes of this section, the term "designated representative" shall mean any person designated by the Fire Chief to perform a function required or permitted by the provisions of this section.
- FIRE DEPARTMENT
- The Winslow Township Fire Department (when acting on behalf of the Borough).
- Includes any natural person, partnership, corporation or association.
- POLICE CHIEF
- The Police Chief or Acting Police Chief of the Borough of Chesilhurst Police Department or his/her designated representative. For purposes of this section, the term "designated representative" shall mean any person designated by the Police Chief to perform a function required or permitted by the provisions of this section.
- POLICE DEPARTMENT
- The Borough of Chesilhurst Police Department.
- SMOKE DETECTOR
- A battery-operated or electrical device that makes a loud noise when smoke is present to warn of a possible fire.
False fire alarms.
In the case of false fire alarms, the Police Department shall cause an investigation to be made and keep a record of all such alarms on file. Upon the occurrence of a false fire alarm, the Police Department shall cause a form notice of false fire alarm to be forwarded to the property owner indicating the date and time of the alarm response, comments with respect to the incident and information with respect to the number of false fire alarms during the given calendar year. For repeated false fire alarms generated at the same residential or nonresidential property in any given calendar year, violations and penalties for false fire alarms shall be based on the following schedule:
Where a fire alarm device or a fire alarm system for a specific property or location within a property is the subject of eight or more false fire alarm incident reports during any calendar year, a summons to appear before the Borough Municipal Court for each occurrence shall be issued to the property owner and/or the business operator, and any and all fines and penalties shall be determined by the Court pursuant to § 225-4D of this chapter. Such fine shall be paid to the Municipal Court Clerk.
All fines assessed pursuant to this section shall be by issuance of a summons to the property owner stating the amount of the fine to be paid. Such fine shall be paid to the Municipal Court Clerk.
False fire alarms created by any act of God as determined by the Chief or by the Borough's governing body shall not be included in the count of false fire alarm incidents for purposes of calculating the applicable fine under § 225-4C(1) above. In addition, the Chief shall have the authority to waive any specific fines or not include any one or more incidents in the count of false fire alarm incidents for purposes of calculating the applicable fines as the Chief or the Borough's governing body determines is in the best interest of the Borough.
In the event that the Police Chief, Fire Chief or Municipal Court determines that the false fire alarm(s) occurred as a direct result of an interruption of electrical power, a telephone system malfunction, an alarm equipment malfunction or other causes clearly beyond the control of the residential or nonresidential owner, the imposition of the applicable false fire alarm fines or administrative sanction may be waived and not counted as a false fire alarm incident.
Violations and penalties. Any person, firm or corporation found guilty in the Municipal Court of the Borough for violation of the terms of this section, in addition to the penalties already set forth herein, shall be subject to a fine of a minimum of $500 to the maximum allowed by law, or imprisonment for a period up to the maximum allowed by law.
Applicability. The provisions contained herein shall apply equally to those alarms systems that are placed in service prior to or subsequent to the effective date of this chapter.