Pursuant to the authority of Chapter
21 of the Laws of the State of New Jersey, 1949, N.J.S.A. 40:49-5.1 et seq., there is hereby adopted by the Township of Southampton the entire fire code known and constituted as THE BOCA BASIC FIRE PREVENTION CODE/1978, in booklet form, for the purpose of prescribing rules and regulations for the governing of conditions hazardous to life and property from fire and explosion. The whole printed copy of that code, save and except such portions as are hereinafter deleted, modified or amended, three copies of which have been and are now filed in the office of the clerk of the township, are hereby adopted and incorporated as fully as if set out at length herein. The provisions thereof shall be controlling within the limits of the township from the date this chapter shall take effect.
As used in the Fire Prevention Code, the following terms shall
have the meanings indicated:
The fire inspector shall have the power to modify any of the
provisions of the code adopted by this chapter, subject to the approval
of the Township Committee, upon application in writing by the owner
or lessee, when it is just and reasonable and there are practical
difficulties in the way of carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety
secured, and substantial justice done. The particulars of such modification
when granted or allowed and the decision of the fire inspector, thereon,
shall be entered upon the records of the Township Committee- and a
signed copy shall be furnished the applicant.
Whenever the fire inspector shall disapprove an application
or refuse to grant a license or permit applied for, or when it is
claimed that the provisions of the code do not apply or that the true,
intent and meaning of the code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the fire inspector to
the Township Committee within 30 days from the date of the decision.
F-102.1 is amended to provide for the appointment of a fire
inspector by the township, committee as hereinbefore set forth to
serve as an enforcement officer for the provisions of this chapter
and the Fire Prevention Code.
The Township Committee and fire inspector 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 enumerated in the code. The
fire inspector shall post such list in a conspicuous place in his
office and distribute copies thereof to interested persons.
Under the Fire Prevention Code, permits shall be required for
the following:
c. Automobile tire rebuilding plants.
d. Automobile wrecking yards.
i. Cellulose nitrate motion picture film.
j. Cellulose nitrate plastics.
n. Containers for welding and cutting grass.
o. Dipping operations -flammable finishes.
q. Dust producing materials.
u. Flammable or combustible liquids.
aa. Liquefied petroleum gasses.
ee. Oil burning equipment (commercial).
gg. Ovens and furnaces (commercial).
jj. Spraying operations (flammable finishes).
kk. Tank vehicle transporting flammable or combustible liquids.
mm. Thermal insecticidal fogging.
nn. Waste material handling plants.
The permit shall be for a period of one year unless revoked
by the fire inspector, following notice of violation of the Fire Prevention
Code and the failure of the permittee to correct the violation. Permits
shall not be transferable.
For each permit required by this chapter, there shall be collected
by the fire inspector the following fees:
All permits except for bonfires and rubbish fires $10.
Bonfires and rubbish fires $3.
The permit fee shall be paid to the fire inspector at the time
of application for the permit. All permit fees shall be paid over
to the township treasurer by the fire inspector after he had issued
the permit for which the fee was paid.
No person shall smoke or carry a lighted cigar, cigarette, pipe
or match or use any spark, flame or fire-producing device not specifically
authorized for use in such place by the fire inspector in any of the
following places:
a. Retail stores designed and arranged to accommodate more than 200
persons or in which more than 25 persons are employed.
b. Elevators, regardless of capacity, in any public place.
c. Beds in public lodging houses, hotels, motels, dormitories, nursing
homes, childrens' homes, rooming houses or apartments.
d. Public theatres, motion picture houses or auditoriums where either
motion pictures or stage productions are performed. This prohibition
shall include the projection room or enclosure where any motion picture
machine is operated or where motion picture film is stored.
e. Dance floors of any cabarets, restaurants, night clubs or other public
places offering facilities for dancing.
The prohibition of smoking shall not apply to specially indicated
smoking rooms, rest rooms, restaurants, executive offices or any other
area which has been specifically approved by the fire inspector by
written order to the person having control of the premises, upon finding
that the same is not dangerous to life or property.
Every person or his agent having control of the premises upon
which smoking or the carrying of lighted objects is prohibited under
this section shall conspicuously display within the prohibited area
a sign designating "SMOKING PROHIBITED BY LAW." No signs shall be
removed without express written consent of the fire inspector.
To the extent that any terms or provision of the within Fire
Prevention Code conflicts with or otherwise affects the terms and
enforcement of the State Uniform Construction Code (N.J.S.A. 52:27D-119
et seq.) the terms and enforcement of the State Uniform Construction
Code shall be deemed controlling.