[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Gibbsboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-17-1985 by Ord. No. 85-20; amended in its entirety 5-11-2011 by Ord. No.
2011-05]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383; N.J.S.A. 52:27D-202 et seq.), the New Jersey Uniform
Fire Safety Code shall be enforced locally within the established
limits of the Borough of Gibbsboro.
A.
The local enforcement agency shall be the Office of the Fire Official
of the Borough of Gibbsboro which agency shall be a part of the Department
of Licenses and Inspection of the Borough of Gibbsboro and shall be
appointed by the governing body of the Borough of Gibbsboro and shall
be under the direct supervision and control of the governing body
of the Borough of Gibbsboro. Such funds as may be necessary to support
the operation of the agency shall be raised by the agency in a manner
provided by law.
B.
Term of office. The Fire Official shall serve for a term of one year.
Any vacancy shall be filled for the unexpired term.
C.
Appointment of inspectors and other employees. Inspectors and other
employees necessary to carry out the requirements of the Uniform Fire
Safety Act shall be appointed by the Governing Body with the advice
of the Fire Official. Life hazard use inspectors shall be certified
by the State of New Jersey.
D.
Removal from office. The Fire Official, Fire Inspectors and other
employees shall be subject to removal by the Governing Body for just
cause. Each inspector or employee to be so removed shall be afforded
an opportunity to be heard by the appointing authority or designated
hearing officer.
The local enforcement agency 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 Fire
Company No. 1, 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 Code.
The local enforcement agency established by § 183-2 of this article shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs, State of New Jersey. The life hazard use fees and application fees will follow the annual schedule provided in the New Jersey Administrative Code.
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 Camden County.
[Amended 11-11-2015 by Ord. No. 2015-08]
A.
Residential use group. The residential use group shall include buildings
with dwelling units not listed as a life hazard by the New Jersey
Bureau of Fire Safety, except one- or two-family owner-occupied units.
B.
Commercial, mercantile or industrial use group. The commercial, mercantile
and industrial use group includes all buildings not listed as a life
hazard by the State of New Jersey.
(1)
Buildings with or without attached dwelling units not in excess of
1,000 square feet: $50.
(2)
Buildings in excess of 1,000 square feet not exceeding 3,000 square
feet: $75.
(3)
Buildings in excess of 3,000 square feet not exceeding 9,000 square
feet: $100.
(4)
Buildings in excess of 9,000 square feet not exceeding 15,000 square
feet: $170.
(5)
Buildings in excess of 15,000 square feet not exceeding 50,000 square
feet: $215.
(6)
Buildings in excess of 50,000 square feet not exceeding 100,000 square
feet: $285.
(7)
Buildings in excess of 100,000 square feet not exceeding 200,000
square feet: $475.
(8)
Buildings in excess of 200,000 square feet not exceeding 300,000
square feet: $705.
(9)
For each additional 100,000 square feet or part thereof: $245.
C.
Each floor or story shall be calculated as separate areas for total
building calculation.
D.
Any vacant property will be required to have an exterior inspection
done annually, for Fire Code and life safety violations (business/mercantile/commercial):
$50.
E.
CSDCMAC inspections and permits.
[Amended 5-9-2018 by Ord.
No. 2018-04]
(1)
Certificate of smoke detector and carbon monoxide alarm compliance
(CSDCMAC). CSDCMAC inspections shall be conducted in accordance with
the New Jersey Uniform Fire Code.
(2)
The application fee for a CSDCMAC shall be set forth at N.J.A.C.
5:70-2.9(d) pursuant to state regulations.
(3)
For a failure and reinspection fee: $35.
(4)
For failure to maintain a scheduled appointment or if entry is denied:
$15.
F.
Fire and safety permits. The application fee for a permit shall be
as set forth at N.J.A.C. 5:70-2.7(c) pursuant to state regulations.
[Amended 5-9-2018 by Ord.
No. 2018-04]
G.
The following building or structure if classified as non-life hazard,
although not exempt from registration or inspection, will be exempt
from paying an inspection fee as pursuant to the act.
[Amended 5-9-2018 by Ord.
No. 2018-04]
[Added 11-11-2015 by Ord.
No. 2015-09]
A.
Findings.
(1)
There are a number of areas in the Borough where proper and efficient
response of fire trucks and other fire equipment would possibly be
impeded because of failure to designate certain areas as fire areas
and regulate traffic and parking therein.
(2)
N.J.S.A. 40A:14-53 provides that the governing body of any municipality
may, by ordinance, authorize the officials in charge of fire prevention
and regulation to establish fire areas, to regulate traffic and parking
therein and provide penalties for violations.
(3)
The Fire Official is the proper official in charge as aforesaid.
(4)
The Fire Official, with recommendations from the Fire Chief and Gibbsboro
Police Chief, has made a careful review of the Borough to determine
what areas should be so designated as fire areas.
(5)
The Borough Council is in agreement with the Gibbsboro Bureau of
Fire Safety and Fire Official in regard to what areas should be so
designated.
(6)
N.J.S.A. 40:48-2.46 gives the governing body of every municipality
legal authority to make, amend, repeal and enforce ordinances to regulate
vehicular and pedestrian traffic and the parking of vehicles in parking
yards and parking places which are open to the public or to which
the public is invited, whether maintained or operated separately or
in conjunction with any business or enterprise.
B.
Designation of fire areas; parking prohibited. The areas described
on the schedules attached to and hereby made a part of this article
shall be and are hereby designated as fire areas. No parking shall
be permitted in such fire areas. (NOTE: All lane and area designations
refer to sketches and/or site plans of the individual fire areas on
file in the office of the Borough Clerk.)
(1)
Parking.
(a)
Upon a finding that such action is necessary for the public
safety, the Bureau of Fire Safety of the Borough of Gibbsboro may
require the owner or owners of any shopping center, commercial structure,
place of public assembly, multiple dwelling group, industrial park,
office building, hotel or motel or school to designate "Fire Lane"
in the driveways of the premises leading to and from the parking areas,
loading areas, public streets or rights-of-way leading to the above
type buildings or structures. Such fire lanes shall be no less than
18 feet nor more than 50 feet in width and shall be striped and lettered
in yellow on a paved surface, such striping and lettering to remain
legible at all times. Metal "Fire Lane" signs, the letters of same
to be legible at all times, shall be provided, erected and maintained
by said owner or owners and placed at the discretion of the Bureau
of Fire Safety. Said signs are to be of a design and quality and lettered
in accordance with applicable state law and approved by the Bureau
of Fire Safety or its designee.
(b)
No person shall at any time park a vehicle or in any other manner
obstruct any driveway or other area that has been designated as hereinabove
provided as a fire lane. The obstruction of a designated fire lane
by a parked vehicle or any other object is prohibited and shall constitute
a traffic and fire hazard as defined in state law and the Uniform
Fire Code and be an immediate hazard to life and property.
(2)
Special regulations for shopping centers.
(a)
Fire lanes shall be established in all shopping centers to ensure
fire equipment and other emergency vehicles unobstructed means of
ingress and egress and to ensure the proper unobstructed ingress and
egress of people to the properties and buildings located therein in
the event of fire or other emergency and to ensure that, further,
fire hazards are not in the vicinity of the properties and buildings.
(b)
The number, location, dimensions and markings of such lanes
shall be determined by the Gibbsboro Bureau of Fire Safety based upon
the size, type and location of the buildings in such shopping centers;
the types of uses contained therein; the number of motor vehicles
operated and parked upon the property; the number of persons using
and occupying the premises; the existing means of ingress and egress;
the total area of the property; and other relevant factors.
(c)
The Gibbsboro Bureau of Fire Safety is authorized to regulate,
restrict and prohibit the parking and operation of motor vehicles
in and near such fire lanes and to impose other reasonable regulations
necessary to ensure that such lanes are free from obstruction.
(3)
The Gibbsboro Bureau of Fire Safety and the Police Department of
the Borough of Gibbsboro shall have concurrent jurisdiction to enforce
the provisions of this subsection.
(4)
Any violation of the provisions of this subsection shall be punishable
by a fine of not less than $100 nor more than $500 or by imprisonment
of not more than 90 days, or both, which shall be enforceable in the
Municipal Court of Gibbsboro, Camden County, New Jersey. All fines
issued by Gibbsboro Bureau of Fire Prevention personnel shall be made
payable to the Gibbsboro Bureau of Fire Prevention, under the penalty.
All fines issued by the Police Department personnel shall be made
payable to the Borough of Gibbsboro.
(5)
The Fire Official shall cause to be issued a ticket book similar
to a traffic ticket book for use in serving violations of this subsection.
(6)
Notwithstanding the penalties hereinabove provided for violations
of this subsection, the Gibbsboro Bureau of Fire Prevention and Police
Department shall be entitled to pursue any other remedy available
at law or equity to enforce the provisions hereof.
C.
Plan of markings.
(1)
Preparation. A plan indicating markings and signs to be made and
erected, respectively, to designate the fire areas shall be prepared
by the Gibbsboro Bureau of Fire Prevention after consultation with
the Fire Chief and Gibbsboro Police Chief. The plans containing such
markings and/or signs shall be placed on file in the office of the
Borough Clerk.
(2)
Submission to property owner. After preparation of the plan by the
Bureau of Fire Safety, it shall be submitted to the owner(s) of the
real property which is to be designated as a fire area and the owner(s)
of such real property shall have 90 days to make the markings and/or
erect the signs as required therein. Failure to act within such 90
days shall be considered a violation of this section, and each day
shall be considered a separate violation.
(3)
Maintenance of markings and area. After the markings and/or signs
are installed in accordance with the plan, the property owner shall
be required to maintain the same in good condition so the public will
always be kept aware that the fire areas are restricted.
[Added 5-9-2018 by Ord.
No. 2018-04]
A.
APPROVED CONTAINERS
FIRE MARSHAL
OPEN BURNING
OUTDOOR STRUCTURES
Definitions. Unless the context clearly indicates a different meaning,
the following words or phrases, when used in this section, shall have
the following meaning:
Noncombustible containers approved by the Fire Marshal for
use in burning open fires or outdoor fires, which include but may
not be limited to chimeneas, outdoor fireplaces, fire pits, patio
warmers or other portable woodburning devices used for outdoor recreation
and/or heating and which meet the minimum standards set forth in this
section.
The legally designated Fire Marshal for the Borough of Gibbsboro
and/or his or her designated assistant.
The kindling of a fire in the open air without containment
or in any outdoor structure which permits the products of combustion
to be emitted directly into the ambient air space, excluding gas or
charcoal grill barbecues.
Outdoor fireplaces, fire pits, receptacles, chimeneas, or
other devices that permit the products of combustion to be emitted
directly into the ambient air without passing through a stack or chimney
from an enclosed chamber and which do not provide effective control
of the air pollutants generated.
B.
Open burning permit required; exceptions. Open burning in approved
containers shall be allowed without a permit at single-family homes,
duplexes and townhomes, subject to the regulations contained herein.
All other locations shall require a permit from the Fire Marshal.
All open burning shall comply with the provisions provided in the
International Fire Code, New Jersey Edition, 2006, Section 307, Open
Burning and Recreational Fires.
C.
Regulations. All open burning is subject to the following requirements:
(1)
All fires shall be contained in an approved container only.
(2)
No open fire or outdoor fire shall be conducted on any porch, deck,
balcony or other portion of a building; within any room or space within
a building; or under any building overhang; provided, however, that
an open fire or outdoor fire may be conducted on a concrete or stone
patio if and only if all other provisions of this section are met.
(3)
Fires shall be limited to a maximum three-foot diameter and two feet
in height and must be contained in a noncombustible chimenea, outdoor
fireplace, fire pit, or other method approved by the Fire Marshal.
(4)
All openings in the container or fire pit must be covered with wire
mesh or other screening materials that will prevent the passage or
sparks and embers.
(5)
Fires must be kept at least 15 feet from any structure, combustible
exterior wall, or other combustibles that may ignite and permit the
spread of a fire. Example: shrubs, trees, fences, etc.
(6)
Fires must be constantly attended until completely extinguished.
(7)
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than three inches in diameter, untreated lumber,
garbage, paper products or anything other than firewood as set forth
herein is prohibited. The use of flammable liquids is strictly prohibited.
(8)
The Fire Marshal, police officer, or any Fire Department officer
may order an outdoor burning activity to cease if conditions are such
or the activity is so situated as to endanger the health or safety
of persons or property located in the general area of the activity.
If the party responsible for outdoor burning activity does not immediately
comply with an order to cease given pursuant to this subsection, the
party responsible shall be subject to the penalties set forth below.
Any open fire or use of a chimenea, outdoor fireplace, or fire pit
which creates a nuisance or is deemed to be a hazard is to be extinguished.
(9)
Outdoor burning is not permitted when the wind speed exceeds 10 miles
per hour.
(10)
While outdoor burning is being conducted, it shall be attended
by a person of at least 18 years of age at all times.
(11)
Adequate fire-suppression equipment such as shovels, fire extinguishers
rated at 4A or larger, water hoses or like equipment shall be present
on the property at all times outdoor burning is conducted.
(12)
No person shall cause an open fire or outdoor fire to be used
or maintained in such a manner as to cause a nuisance to neighbors.
D.
Violation and penalties. Any person violating the provisions of this
article shall be subject to a penalty as follows:
(1)
First offense: a verbal warning.
(2)
Second offense: a written notice of violation.
(3)
Third and subsequent offenses: A fine not to exceed $2,000, imprisonment
for not more than 90 days and/or a period of community service not
to exceed 90 days. Each day on which a violation occurs shall be considered
a separate offense.
E.
Liability. A person utilizing or maintaining an outdoor fire shall
be responsible for all fire-suppression costs and any other liability
resulting from damage caused by the fire.
F.
Right of entry and inspection. The Fire Official or any authorized
officer, agent, employee or representative of the Borough of Gibbsboro
who presents credentials may inspect any property for the purpose
of ascertaining compliance with the provisions of this article.
[Added 5-9-2018 by Ord.
No. 2018-04]
A.
Requirements. All properties within the Borough of Gibbsboro having
an automatic fire alarm system or a fire sprinkler system shall be
equipped with a rapid access key box. This shall not apply to owner-occupied
one- and two-family dwellings.
B.
Designation of system location of box. The Fire Official shall designate
the type of rapid access box system to be implemented within the Borough
and shall have authority to require all structures to use the designated
rapid access key box system. The location of the box shall be installed
in a location approved by the Gibbsboro Fire Official. The box shall
be required to have a tamper switch connected to the building's
fire alarm system.
C.
Key box contents. The rapid access key box(s) shall contain the following:
D.
Compliance. All existing buildings shall comply with this chapter
within one year of its effective date. All newly constructed buildings,
buildings not currently occupied or buildings under construction (i.e.,
alarm system installation) shall comply immediately.
E.
Violations and penalties. Any building owner violating this chapter
shall be subject to penalties, as set forth in the Uniform Fire Code.
