[HISTORY: Derived from Ch. XII of the 1969 Revised General
Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94). Subsequent amendments
noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A.
52:27D-202, the Uniform Fire Safety Code shall be locally enforced
in the Borough of Spotswood.
A.
Designated. The local enforcement agency shall be the Bureau of Fire
Prevention, which is hereby created in the Department of Public Safety,
Division of Inspections.
B.
Organization. The Bureau of Fire Prevention shall be part of the
Department of Public Safety, Division of Inspection, and shall be
under the direct supervision and control of the Fire Marshal, who
is hereby designated as the Fire Official, as permitted by N.J.A.C.
5:71-3.2(a), for purposes of enforcing the Uniform Fire Safety Code.
[Amended 3-24-1997 by Ord. No. 1997-527; 10-15-2012 by Ord. No.
2013-01]
C.
Personnel. The Fire Marshal and fire prevention inspectors of the
Bureau shall be appointed in the same manner and shall serve under
the same conditions as all other subordinate officers and employees
of the Borough, as set forth in N.J.S.A. 40:69A-43, provided that
they have received and have maintained the appropriate certifications
from the State of New Jersey.
[Amended 3-24-1997 by Ord. No. 1997-527]
The Bureau of Fire Prevention 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 Spotswood, other than owner-occupied one- and two-family dwellings,
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Safety Code.
The Bureau of Fire Prevention shall carry out the periodic inspections
of life hazard uses required by the Uniform Fire Code on behalf of
the Commissioner of Community Affairs.
[Amended 10-15-2012 by Ord. No. 2013-01]
The Borough Attorney is hereby appointed to assist the Bureau
of Fire Prevention to enforce the Code, as provided for in N.J.A.C.
5:71-3.2(d).
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved by any order
of the local enforcement agency shall have the right to appeal to
the Construction Board of Appeals of Middlesex County.
In addition to the inspections and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional annual inspections shall be required for other than life hazard uses, with the fees therefor as set forth in § 91-5 of Chapter 91, Fees:
A.
Food service uses. At use group classifications, except residential,
wherein cooking equipment is used for the preparation of food for
service to the public for either on-premises consumption or off-premises
consumption.
B.
Business uses. At business use group occupancies with a gross floor
area, all floors, of 2,500 square feet or greater.
C.
Storage uses. At storage use group occupancies with a gross floor
area of 2,000 square feet or greater.
D.
Mercantile uses. At all mercantile use group occupancies regardless
of site or area.
E.
Factory uses. At all factory use group occupancies regardless of
size or area.
F.
Multifamily common areas. At all common areas of multifamily use
group occupancies.
B.
When due. The inspection fee shall be paid to the Borough annually
by the individual, firm or corporation, as the case may be, during
the period of January 2 through January 31 of each year, and filed
along with a registration form supplied by the Borough.
E.
Permit fees. Permit fees shall be as set forth in the Uniform Fire
Code.
The limits in which storage of flammable liquids in outside
aboveground tanks is prohibited are hereby established as the entire
Borough.
The limits in which storage of explosives and blasting agents
is prohibited are hereby established as the entire Borough.
The Mayor, the Chief of the Fire Department and the Fire Marshal
of the Bureau of Fire Prevention shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard,
any new materials, processes or occupancies which shall require permits,
in addition to those now enumerated in the Code. The Chief of the
Bureau of Fire Prevention shall post such list in a conspicuous place
in his office and distribute copies to interested persons.
A.
The Bureau of Fire Prevention, upon approval of the Borough Council
in the form of an ordinance, is authorized to establish fire areas
on property devoted to public use, including, but not by way of limitation,
shopping centers, bowling alleys, churches, swimming pools and similar
uses involving parking of sufficient number of motor vehicles to make
necessary such regulation for protection of persons and property in
case of fire or other emergency.
B.
The fire areas shall be established to insure fire equipment and
other emergency vehicles unobstructed means of ingress and egress
to such properties and the buildings, persons, vehicles, fire hydrants
and standpipes thereon in case of fire or other emergency.
C.
The number, location, width, length and markings of such areas shall
be determined by the Bureau of Fire Prevention with the approval of
the Borough Council. Such determination and approval shall be by ordinance
based upon the size, type and location of the building or buildings,
use to which the property is put, number of motor vehicles operated
or parked upon the property, the number of persons using and occupying
the premises, existing means of ingress and egress, the total area
of the property, including size of the parking lot or lots, and all
other relevant factors.
D.
The Bureau of Fire Prevention is further authorized, with the approval
of the Borough Council by ordinance, to regulate, restrict and prohibit
the parking and operation of motor vehicles in and near such fire
area, and to impose other regulations necessary to insure that such
areas are free from obstruction.
E.
The Police Department shall have the concurrent jurisdiction together
with the Bureau of Fire Prevention to enforce the provisions of this
section.
[Added 10-20-2014 by Ord. No. 2014-11]
A.
OPEN BURNING
Definition. As used in this section, the following terms shall have
the meanings indicated:
The burning of any material in anything other than an approved
device or in an uncontained manner. Upon the recommendation of the
Borough Fire Marshal, the Borough Fire Department may use open burning
for training purposes only.
B.
Open burning for any reason is hereby prohibited except where permits
have been obtained from the New Jersey Department of Environmental
Protection, New Jersey Forest Fire Service, and the Borough Fire Marshal.
C.
Fines. Anyone conducting open burning, without a permit or approval,
will be subject to a fine of $500 for the first offense and a fine
of $750 for a second and subsequent offenses.