[HISTORY: Adopted by the Borough Council of the Borough of
Chesilhurst 5-12-2011 by Ord. No. 2011-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
Editor's Note: This ordinance also superseded former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.[1]
A.
Appointment of the Fire Marshal. The Fire Marshal shall be appointed
by the Borough Council.
B.
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.
[1]
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):
A.
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]
B.
Inspection fees for non-life-hazard structures and premises shall
be:
(1)
Residential buildings/residential use group: time of inspection,
once every 12 months.
(2)
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.
|
Number of Units
|
Fee
| |
|---|---|---|
|
1 to 3
|
$40
| |
|
4 to 10
|
$85
| |
|
11 to 20
|
$110
| |
|
21 to 40
|
$140
| |
|
For each additional 20 or less
|
$30
|
(3)
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.
|
Number of Units
|
Fee
| |
|---|---|---|
|
Building with or without attached dwelling unit(s) not exceeding
1,000 square feet
|
$35
| |
|
Building with or without attached dwelling unit(s) exceeding
1,000 square feet, not exceeding 3,000 square feet
|
$50
| |
|
Building exceeding 3,000 square feet, not exceeding 6,000 square
feet
|
$75
| |
|
Building exceeding 6,000 square feet, not exceeding 9,000 square
feet
|
$100
| |
|
Building exceeding 9,000 square feet, not exceeding 12,000 square
feet
|
$125
| |
|
Building exceeding 12,000 square feet, not exceeding 15,000
square feet
|
$150
| |
|
Building exceeding 15,000 square feet, not exceeding 50,000
square feet
|
$200
| |
|
Building exceeding 50,000 square feet, not exceeding 100,000
square feet
|
$275
| |
|
Each additional 100,000 square feet or part thereof
|
$200
|
|
NOTE: Each floor area shall be calculated as separate
areas for total building area calculation.
|
C.
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:
(1)
Municipally owned buildings.
(2)
Fire stations.
(3)
EMS stations.
(4)
Houses of worship (excluding rooms used for public assembly purposes,
i.e., meeting halls, fellowship halls, rental halls).
(5)
Winslow Township civic groups, not for profit (i.e., athletic associations,
Boy Scouts, little leagues).
D.
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.
|
Type I permit
|
$42
| |
|
Type II permit
|
$166
| |
|
Type III permit
|
$331
| |
|
Type IV permit
|
$497
|
E.
Miscellaneous fees.
|
Fire reports
|
$35
| |
|
Certificate of Fire Code status
|
$35
| |
|
Returned check charge
|
$25
|
F.
Certificate of smoke detector/carbon monoxide detector compliance.
|
14 or more days prior notice to inspect
|
$50
| |
|
Less than 7 days prior notice to inspect
|
$75
| |
|
Less than 3 days prior notice to inspect
|
$125
| |
|
Reinspections (per visit)*
|
$35
| |
|
Failure to keep appointment
|
$25
| |
|
Senior citizens' discount
|
$30
| |
|
*Required after initial visit
| ||
|
(Smoke detector inspections are conducted on all one- and two-family
residential dwellings for resale.)
|
G.
Photographic reproduction.
(1)
The fee for photographic reproduction requested by any concerned
party, plus the cost of reproduction, shall be $50.
(2)
Exception: No additional costs will be charged for reproduction to
compact disk format.
(3)
The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
| |
|---|---|---|---|---|
|
Photographic reproduction
|
$63
|
$75
|
$88
|
H.
Civil court appearance and depositions.
(1)
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.
(2)
The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
| |
|---|---|---|---|---|
|
Civil appearance
|
$125 per hour; $500 minimum four-hour block and 41 cents per
mile
|
$150 per hour; $600 minimum four-hour block and 47.5 cents per
mile
|
$175 per hour; $700 minimum four-hour block and 53 cents per
mile
|
I.
Investigative conferences and meetings.
(1)
Any uninterrupted ninety-minute conference at the Winslow Township
Fire District administrative office, on site, or at a location designated
by the requestor shall be set forth as follows: $60 per hour.
(2)
The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
| |
|---|---|---|---|---|
|
Conferences
|
$75 per 90-minute block
|
$90 per 90-minute block
|
$105 per 90-minute block
|
J.
Exclusive firesafety training.
(1)
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.
(2)
The following table outlines the incremental increase per fiscal
year:
|
User Fee
|
FY 2008
|
FY 2010
|
FY 2012
| |
|---|---|---|---|---|
|
Exclusive training
|
$95 per hour
|
$113 per hour
|
$132 per hour
|
K.
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.
M.
Collection of fees.
(1)
Delinquent fees.
(a)
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.
(b)
Collection of any unpaid fee or penalty shall be enforced through
the Borough of Chesilhurst Municipal Court or a court of competent
jurisdiction.
(2)
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.
(a)
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.
(b)
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.[2]
N.
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:
|
Hour
|
Amount
| |
|---|---|---|
|
1 or less
|
$50
| |
|
1 to 4
|
$200
| |
|
4 to 8
|
$400
|
A.
Storage or parking of internal combustion engine vehicle or equipment.
(1)
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.
(2)
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.
B.
Outdoor fires.
(1)
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.
C.
Street obstructions.
(1)
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.
(2)
Exception. Nothing herein shall prohibit the use of temporary barricades
within the Borough of Chesilhurst by any appropriate governmental
authority.
D.
Fire lanes.
(1)
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.[2]
(2)
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.
(3)
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.[3]
(4)
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.
(5)
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.
E.
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.
F.
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.
G.
Service fees. Fees for the services listed below shall be as follows:
|
Service
|
Fee
| |
|---|---|---|
|
Photocopies (per page, single sided)
|
Per adopted fee schedule*
| |
|
Status of Fire Code violations and penalties
|
$35
| |
|
Fire watch (per hour/per fire fighter)
|
$50
| |
|
Fire extinguisher training (per person)
|
$25 plus materials
| |
|
Site plan review (per hour)
|
$75
| |
|
Special meeting (per hour)
|
$75
|
|
NOTES:
| |
|
*The fee schedule set forth above shall be amended as appropriate
in accordance with any statutory amendments.
|
H.
Rapid entry boxes.
(1)
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:
(a)
Updated keys necessary for access to all points of the premises.
(b)
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.
(c)
Electronic entry cards.
(d)
Elevator and emergency information.
(e)
Floor plans.
(f)
Any other pertinent information which may be needed in an emergency
or as required by the Fire Chief or Fire Marshal.
(2)
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.
(3)
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.
I.
Fire access roads.
(1)
The following provisions shall apply relative to fire access roads:
(a)
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.[4]
(b)
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.[5]
(c)
Fire access roads shall be maintained at all times as initially
designed, approved and installed.
J.
Obstruction and control of fire apparatus access.
(1)
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.
(2)
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]
K.
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]
A.
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.
B.
BOROUGH
CHIEF
FALSE FIRE ALARM
FIRE ALARM DEVICE or FIRE ALARM SYSTEM
FIRE CHIEF
FIRE DEPARTMENT
PERSON
POLICE CHIEF
POLICE DEPARTMENT
SMOKE DETECTOR
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.
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.
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.
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.
The Winslow Township Fire Department (when acting on behalf
of the Borough).
Includes any natural person, partnership, corporation or
association.
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.
The Borough of Chesilhurst Police Department.
A battery-operated or electrical device that makes a loud
noise when smoke is present to warn of a possible fire.
C.
False fire alarms.
(1)
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:
(2)
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.
(3)
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.
(4)
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.
(5)
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.
D.
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.
E.
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.
