[HISTORY: Adopted by the Township of Howell by Ord. No. O-85-21, as amended through Ord. No. O-01-10 (§ 10-1 of the 1974 Code). Subsequent amendments noted where applicable.]
The New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq. and all amendments and supplements thereto is hereby adopted by the Township for the purpose of establishing rules and regulations to improve the safety of the public by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment and the use and occupancy of structures, premises and open areas; providing for the abatement of fire hazards and establishing of standards to achieve the objectives. Rules and regulations set forth in the code shall be and the copies of these standards, rules and regulations are now on file in the office of the Bureau of Fire Prevention and in the office of the Township Clerk.
This chapter shall hereafter be cited and designated as the "Fire Prevention Code of the Township of Howell."
[Amended 3-19-2013 by Ord. No. O-13-04]
A. 
The Boards of Fire Commissioners, acting jointly, shall enforce this chapter through the Bureau of Fire Prevention of the Township of Howell which is hereby established pursuant to this section and which is hereby designated as the local enforcing agency pursuant to the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., and which shall be maintained and operated under the supervision and control of the Township of Howell in the manner prescribed herein.
B. 
The Boards of Fire Commissioners, acting jointly, will serve as a supervisory board on matters relating to the Howell Fire Bureau, including but not limited to recommendations with respect to staffing, policy and procedures, operations, departmental budgeting, perspective purchases and may offer such recommendations as be necessary. The Bureau Chief will meet with the supervisory board on a monthly basis to discuss issues related to inspections and operations.
C. 
The Bureau of Fire Prevention shall consist of the Chief of the Bureau, fire inspectors, and necessary support staff, such as clerical and secretarial, to assure proper code enforcement. The Fire Official, inspectors, and other employees of the fire bureau agency shall be considered public employees and shall be subject to all existing Howell Township personnel policies and procedures. In accordance with the provision above, recommendations may be submitted to the Township Manager by the Boards of Fire Commissioners, acting jointly. The Chief of the Bureau shall also be designated the Chief Fire Inspector and as the Fire Official pursuant to the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq. The fire subcode official shall be appointed pursuant to the New Jersey Uniform Construction Code to enforce the fire protection subcode.
D. 
The salary of the Chief of the Bureau, the fire inspectors and the other support personnel in the Bureau shall, to the extent permitted by law, be established by the appropriate salary ordinances as adopted by the Township Council.
E. 
The minimum qualifications and requirements for the Chief of the Bureau of Fire Prevention, fire inspectors and support personnel shall be as follows:
(1) 
Minimum qualifications of Chief of Fire Bureau. The qualifications of the Chief of the Bureau of Fire Prevention shall be as follows:
(a) 
Certified Fire Inspector pursuant to the provisions of the Uniform Fire Code.
(b) 
Qualified in the techniques of fire investigation as to cause and origin of fires.
(c) 
Qualified in the presentation of the Fire Prevention Program.
(2) 
Minimum qualifications for inspectors. All fire inspectors shall be certified in fire code enforcement pursuant to the provisions of the Uniform Fire Code.
(3) 
The Fire Official and all fire inspectors shall meet the certification requirements established by the state regulations (N.J.A.C. 5:71-4.4). Copies of the qualifications, requirements and certifications shall be maintained in the appropriate personnel files of each employee.
F. 
The Bureau shall be charged with the duties of the enforcement of this chapter and such other ordinances, rules and regulations of this municipality that pertain to fire prevention, protection and control, including but not limited to making reports, inspections, including inspections of life-hazard uses and non-life-hazard uses pursuant to the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.), reviewing plans and issuing of permits; investigation of fire; coordinating firesafety activities of the Howell Police Department and the Township safety officer; inspecting, at least once in each year, all other commercial businesses, industrial plants and similar occupancies for fire hazards not required to be inspected by the New Jersey Uniform Fire Code; establishing and conducting programs for the promotion of firesafety and prevention education training and practices; maintaining an appropriate record system and performing such related duties as may be assigned.
G. 
The Chief of the Bureau of Fire Prevention shall be required to report to the Township Manager regularly regarding the operation of the Bureau and issue monthly reports to the Township Council and Boards of Fire Commissioners, acting jointly, and to the Township Manager with respect to the activities of the Bureau of Fire Prevention and shall from time to time make recommendations for appropriate amendments to the ordinances and other rules and regulations of the Township relating to fire protection.
A. 
The Division of Fire Safety in the Department of Community Affairs of the State of New Jersey is hereby designated as the agency for the collection of the annual registration fees associated with life-hazard uses as set forth in the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.
B. 
For the issuance of the permits as described in the Uniform Fire Code (N.J.A.C. 5:70-2.7, Permits), fees as set forth in Chapter 139, Fees, shall be collected.
C. 
The Fire Bureau shall, hereafter, furnish upon request of any person or entity a copy of any official fire report or fire investigation report (except those required or permitted under law to be excluded from public inspection "confidential files") after fees as set forth in Chapter 139, Fees, payable to the Howell Fire Bureau, have been paid by the requesting party.
D. 
Inspection fees for non-life-hazard use/occupancy fire prevention inspections shall be as set forth in Chapter 139, Fees.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current fees, see Ch. 139, Fees, Art. X.
Whenever the Chief of the Bureau shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted or whenever the applicant shall claim that failure to grant the permit sought would result in hardship to the applicant, the applicant may appeal from the decision of the Chief of the Bureau to the Monmouth County Construction Board of Appeals, as set forth under the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-2.11.
[1]
Editor's Note: Former § 150-6, New materials, processes or occupancies, was repealed 3-19-2013 by Ord. No. O-13-04.
Any person or persons, firm, partnership or corporation violating any of the provisions of this chapter, other than for violation of fire zone regulations as hereinafter set forth, shall be liable to the penalties and other relief set forth in N.J.A.C. 5:70-2.12 of the New Jersey Uniform Fire Safety Code.
As used in this article, the following terms shall have the meanings indicted:
FIRE LANE
A paved area designated in accordance with the provisions of this article which does typically bear vehicular traffic as part of the traffic circulation system on the premises where a building to which the public is invited has been located, but which is intended to provide an immediate and unobstructed route for fire-fighting equipment and personnel on site.
FIRE ZONES
A paved area adjacent to a building to which the public is invited which does not typically accommodate the flow of vehicular traffic and which has been designated as a fire zone in accordance with the provisions of this article intended to provide unobstructed and immediate access to any such building by fire-fighting equipment and personnel.
The Fire Official shall designate fire zones and fire lanes pursuant to this article under the provisions of the BOCA Basic National Fire Prevention Code 1984.
The fire zones/fire lanes 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.
Fire lanes shall be striped and lettered in yellow on a paved surface which lettering shall remain legible. Lettering shall read "Fire Lane No Parking." Metal "No Parking - Fire Lane" signs shall be provided, erected and maintained at the discretion of the Bureau of Fire Prevention by the owner, owners or operators of premises upon which a fire lane is established. Fire zones shall be striped in yellow on a paved surface. Lettering on such paved surface shall not be required.
Metal "No Parking - Fire Zone" signs shall be provided, erected and maintained, at the discretion of the Bureau of Fire Prevention, by the owner, owners or operators of premises upon which a fire zone is established.
The number, location, length and width of fire zones shall be determined by the Bureau of Fire Prevention. Such determination and approval shall be based upon the size, type and location of the buildings, the use to which the property is put, 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 all other factors relevant to insuring speedy and safe ingress and egress of fire-fighting equipment.
The Bureau of Fire Prevention and the Police Department of the Township shall have concurrent jurisdiction to enforce the provisions of this article. The Bureau of Fire Prevention is hereby authorized and empowered to exercise such powers as may be necessary or convenient to effectuate the purpose of the provisions of this article.
No person shall at any time park a motor vehicle in, or otherwise obstruct in any way, any fire zone or fire lane established in accordance with the terms of this article.
Fire zones shall be striped in reflective yellow paint (Con Lux 3A or its equivalent) on a paved surface in accordance with the rules and regulations as set forth herein and in accordance with the requirements of the Bureau of Fire Prevention.
Any person, firm or corporation who shall violate any of the provisions of this article dealing with fire lanes and fire zones shall upon conviction by a court of competent jurisdiction be punished by a fine of not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this article, and each day the same is violated, shall be deemed and taken to be separate offense at the discretion of the court.