[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank by Ord. No. 14-85 (Ch. XVI of the 1987 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Marshal — See Ch. 90, Art. V.
Unfit buildings and dwelling units — See Ch. 265.
Uniform construction codes — See Ch. 300.
Property maintenance — See Ch. 505.
Office of the Red Bank Fire Marshal to enforce:
A. 
The local enforcing agency shall be the Office of the Red Bank Fire Marshal, as established in Chapter 90, Officers and Employees, Article V, Fire Marshal, of the Code of the Borough of Red Bank.
B. 
The operation of the Office of Fire Marshal shall continue as defined under Chapter 90, Officers and Employees, Article V, Fire Marshal, of the Code of the Borough of Red Bank.
[Amended by Ord. No. 2005-7]
A. 
The Office of the Red Bank Fire Marshal shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures, and premises within the established boundaries of the Borough of Red Bank, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
B. 
The Uniform Fire Safety Act and the Uniform Fire Code, as adopted by the State of New Jersey, are automatically in effect in all municipalities and need not be specifically adopted by the Borough of Red Bank, County of Monmouth, New Jersey.
C. 
[1]The Fire Marshal shall serve as the Fire Official.
[1]
Editor’s Note: Former Subsection C, which stated that the Fire Marshal’s previous duties were not eliminated by the adoption of this chapter, was repealed 12-27-2017 by Ord. No. 2017-42. This ordinance also redesignated Subsection D as Subsection C.
The Office of the Fire Marshal, established as the local enforcing agency by § 361-2 of this chapter, shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Amended 12-27-2017 by Ord. No. 2017-42]
The Office of the Red Bank Fire Marshal established as the local enforcing agency under § 361-2 of this chapter and shall be under the direct supervision and control of the Borough Administrator.
[Amended by Ord. No. 2005-7]
A. 
Appointment of Fire Official.
(1) 
The local enforcing agency designated under § 361-2 of this chapter as the Office of the Fire Marshal shall be under the direct supervision of the Fire Marshal, who shall be licensed as a Fire Subcode Official pursuant to the State Uniform Construction Code Act (P.L. 1975, C. 217)[1] and shall be the Fire Official appointed pursuant to the State Uniform Fire Safety Act (P.L. 1983, C. 383).[2]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[2]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
(2) 
The Fire Marshal shall maintain the same job qualifications as presently required in Chapter 90, Officers and Employees, Article V, Fire Marshal, § 90-22, of the Code of the Borough of Red Bank.
(3) 
The Fire Marshal shall also continue to serve under the provisions of Chapter 90, Officers and Employees, Article V, Fire Marshal, §§ 90-23 and 90-24, of the Code of the Borough of Red Bank.
(4) 
The Fire Marshal and other employees in the local enforcing agency shall be required to obtain the required certifications to enforce the Uniform Fire Code from the New Jersey Department of Community Affairs.
(5) 
The Borough of Red Bank shall appoint such employees to the local enforcing agency as may be necessary under the authority of the Policies and Procedures Manual, Chapter 1, Section 4.
B. 
Terms of office.
(1) 
The Fire Marshal shall serve for a term of four years. Any vacancy shall be filled for the unexpired term.
(2) 
The Fire Marshal shall continue to serve under the provisions of Chapter 90, Officers and Employees, Article IV, Fire Marshal, § 90-24, Compensation and appointment, of the Code of the Borough of Red Bank.
C. 
Removal from office. The Fire Marshal in his or her capacity under this chapter may be removed from office under the provisions of the Policies and Procedures Manual of the Borough of Red Bank, adopted June 9, 1982.
[Amended 2-13-2019 by Ord. No. 2019-01]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the Office of Fire Marshal shall have the right to appeal to the Construction Board of Appeals of the County of Monmouth, New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
[Amended by Ord. No. 2005-7; 10-23-2006 by Ord. No. 2006-51; 6-12-2013 by Ord. No. 2013-6; 12-27-2017 by Ord. No. 2017-42; 2-13-2019 by Ord. No. 2019-04; 10-23-2019 by Ord. No. 2019-67; 12-12-2024 by Ord. No. 2024-41]
In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act (P.L. 1983, c. 383) and the regulations promulgated thereof, the following additional registration and/or inspection fees shall be required for all premises except life hazard uses as defined in Subchapter 2 of the New Jersey Uniform Fire Code (N.J.A.C. 5:70-2.4 et seq.). All inspections shall be conducted at least once every three years, unless otherwise specified. Measurements shall be the exterior of the building, and shall include the total square footage of all occupied areas on all floors.
Failure to file a non-life-hazard registration application after having been ordered to do so: an amount equal to double the applicable registration fee but not less than $200 or more than $1,000 for each registration.
Failure to pay the required non-life-hazard annual registration fee when due: an amount equal to the unpaid fee. Payment of the fee after imposition of the penalty shall not absolve the owner from responsibility for the penalty nor shall payment of the penalty be deemed to absolve the owner from the obligation to pay the fee.
A. 
Mercantile occupancies.
(1) 
One hundred dollars for first 1,000 square feet.
(2) 
Twenty dollars for each additional 1,000 square feet or fraction thereof.
B. 
Factories, assembly plants, wood and metal work shops, and other operations employing machinery or processes, shall be inspected annually with a fee schedule as follows:
(1) 
One hundred fifty dollars for the first 1,000 square feet.
(2) 
Thirty dollars for each additional 1,000 square feet or fraction thereof.
C. 
Warehouse, storage, or other buildings where materials are held and there is no assembly, manufacturing or retailing:
(1) 
One hundred dollars for the first 2,000 square feet.
(2) 
Twenty dollars for each additional 1,000 square feet or fraction thereof.
D. 
Business use/office buildings:
(1) 
One hundred dollars for the first 3,500 square feet.
(2) 
Twenty dollars for each additional 1,000 square feet or fraction thereof.
E. 
Multiple dwellings. Three or more dwelling units:
(1) 
One hundred dollars for the first four dwelling units.
(2) 
Twenty dollars for each additional four dwelling units or fraction thereof.
F. 
Fire protection systems, other than those contained within Life Hazard uses as defined in N.J.A.C. 5:70-2.4 et seq.:
(1) 
Fire-suppression systems for cooking operations: $50 per system.
(2) 
Other fire protection systems: $75 per system.
G. 
The minimum registration and/or inspection fee for any required or requested inspection, unless specifically modified herein, shall be $100.
H. 
Administrative fees.
(1) 
Copy of Fire Investigation Report, $5 for the first page, and $1 for each additional page.
(2) 
Application fee for a variance: $100.
(3) 
Application fee for an appeals: $100.
(4) 
Certificate of fire code status: $25.
I. 
Fire suppression costs. Pursuant to N.J.A.C. 5:70-2.17(a) et seq., and/or where the Fire Marshal determines that a "fire watch" or "Fire Department Standby" is necessary for the protection of the public, the cost of such fire suppression, "fire watch" or Fire Department standby activities shall be determined as follows:
(1) 
Apparatus: $75 per hour/each vehicle.
(2) 
Manpower: $70 per hour per firefighter.
(3) 
Extinguishing agent: actual replacement cost of agent expended.
(4) 
Broken tools, equipment: cost of replacement.
(5) 
Breathing air: $15 per bottle.
(6) 
Other costs: actual costs incurred.
J. 
Special events. When determined by the Fire Marshal to be necessary for the purpose of public safety to have a Fire Inspector present during special events, the owner, operator, organizer, sponsor, person, or organization responsible for said event shall pay the cost of said inspector for the duration of the event.
K. 
Certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC). The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected, as follows:
(1) 
Requests for CSDCMAC received more than 10 business days prior to the change of occupant: $100;
(2) 
Requests for a CSDCMAC received four to 10 business days prior to the change of occupant: $125; and
(3) 
Requests for a CSDCMAC received fewer than four business days prior to change of occupant: $150.
[Amended by Ord. No. 2005-7]
A. 
The annual registration fee for life hazard uses shall be in accordance with N.J.A.C. 5:70-2.9(a) et seq.
B. 
The application fees for firesafety permits established by the Uniform Fire Code as per N.J.A.C. 5:70-2.7 et seq. are as follows:
[Amended 6-12-2013 by Ord. No. 2013-6]
(1) 
Type 1: $75.
(2) 
Type 2: $200.
(3) 
Type 3: $400.
(4) 
Type 4: $550.
(5) 
Type 5: (Reserved)
C. 
Local registration. Local registration fees shall be in accordance with § 361-8, as set forth above.
[Amended by Ord. No. 2005-7; 10-23-2006 by Ord. No. 2006-51; 6-12-2013 by Ord. No. 2013-6; 9-28-2016 by Ord. No. 2016-19]
The following technical amendments refer to local amendments, deletions or changes to Subchapter 3, State Fire Prevention Code, including all subsequent revisions and amendments thereto adopted as the State Fire Prevention Code under N.J.A.C. 5:710-2.8(a).
A. 
The following sections are amended:
F-503.3.1
Marking of Fire Apparatus Access Roads. The marking of fire lanes and/or fire apparatus access roads shall be the responsibility of, and at the expense of, the property owner and shall be accomplished within 30 days of the receipt of the notification. Fire lanes and fire apparatus access roads shall be marked and identified in a manner as prescribed by the Fire Official.
F-503.4.1
Vehicle Removal. It shall be a violation of this code for any person to park a motor vehicle in or otherwise to obstruct a fire lane. Vehicles found parked in a fire lane shall be removed at the vehicle owner's expense.
F-503.4.2
Enforcement. The Fire Official and the Police Department of the Borough of Red Bank shall be empowered and have concurrent jurisdiction to enforce Section F-503.4.1 through the issuance of Municipal Court Summons.
F-503.4.3
Penalties. Violation of Section F-503.4.1 shall be punishable by a fine of not less than $100 for the first offense and not less than $250 for repeated offenses.
B. 
Add new Section F-901.5.2:
F-901.5.2
Service Contracts. The owner of a premises which contains a required fire-suppression system, fire alarm system, standpipe system, or fire pump, shall annually provide the Fire Official with a copy of a service contract for the system or systems for the ensuing year. The service contracts shall be with the manufacturer or an authorized installation or maintenance company. Failure to maintain a service contract or to provide a copy of same to the Fire Official shall be a violation of this code.
C. 
The following sections are added:
F-916
Fire Alarm Activations. Activations of fire alarm systems, which result in the response of the Fire Department, when no fire or other emergency exists, shall be deemed a violation of this code and shall be punishable as follows:
F-916.1
Each accidental activation of a fire alarm system by an alarm service employee, or representative, upon the second occurrence, without first notification to the Fire Official, Fire Department or Police Dispatcher, shall be punishable by a penalty of not less than $100.
F-916.2
Each activation or malfunction of an alarm system or device due to lack of action on the part of building personnel or management shall, after the first malfunction of the same device, be subject to a penalty of not less than $50 for the first and second offense, and not less than $100 for each offense thereafter.
F-916.3
Failure to maintain a fire alarm system in a building where it is required shall result in the issuance of a penalty of not less than $500 per day, for each twenty-four-hour period said system is not operational. When any fire alarm system or device becomes or is found inoperative, a fire alarm service company must be working to restore said system or device to operational status within eight hours of discovery, after which such penalty shall be assessed.
D. 
Add new Section F-917, Special Protection Devices:
F-917.1
Fire Alarm Interconnection. In premises requiring fire alarm systems, where in the opinion of the Fire Official, the audible or visible alarm devices are not likely to be heard or recognized by the occupants, due to amplified music, theatrical lighting, or other such systems. The Fire Official may require interconnection of such systems with the fire alarm system, so that activation of the fire alarm system will result in shut down of any system which masks or otherwise interferes with the audible or visual alarm notification appliances.
F-917.2
Outside Strobes. In all buildings requiring a fire department connection, or in complexes with more than one building, the Fire Official may require the installation of an outside audible and visual notification appliance, so that the building, or fire department connection location, is readily apparent to responding fire apparatus.
Exception: Buildings and structures built or rehabilitated in complete compliance with the New Jersey Uniform Construction Code.
E. 
Add new Section F-2211.5.1:
F-3206.10
Fuel Tank Removal. The removal or draining of fuel tanks from fuel-powered vehicles or equipment shall not be permitted within a building. Fuel tank removal or draining operations must be conducted outdoors.