[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 5-5-1981 by Ord. No. 81-3 (Ch. VIIA of the 1971
Revised General Ordinances). Amendments noted where applicable.]
There is hereby adopted by the Stillwater Township
Committee the fire control measures and regulations as herein set
forth for the purpose of controlling conditions which could impede
or interfere with fire-suppression forces.
The Fire Official, or his duly authorized representatives
as may be in charge at the scene of a fire or other emergency involving
the protection of life and/or property, is empowered to direct such
operations as may be necessary to extinguish or control any suspected
or reported fires, gas leaks or other hazardous conditions or situations
or to take any other action necessary in the reasonable performance
of his duty. The Fire Official may prohibit any person, vehicle or
object from approaching the scene and may remove or cause to be removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Official may
remove or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Official.
It shall be unlawful to interfere with, attempt
to interfere with, conspire to interfere with, obstruct or restrict
the mobility of or block the path of travel of any Fire Department
emergency vehicle in any way or to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or hamper any Fire Department
operation.
A person shall not willfully fail or refuse
to comply with any lawful order or direction of the Fire Official
or interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over
any unprotected fire hose of the Fire Department when laid down on
any street, alleyway, private drive or any other vehicular roadway
without the consent of the Fire Official in command of said operation.
Authorized emergency vehicles shall be restricted
to those which are defined and authorized under the laws of the State
of New Jersey.
Upon the approach of any authorized emergency
vehicle giving audible and visual signal, the operator of every other
vehicle shall immediately drive the same to a position as near as
possible and parallel to the right-hand edge or curb of the street
or roadway, clear of any intersection, and shall stop and remain in
such position until the authorized emergency vehicle or vehicles shall
have passed, unless otherwise directed by the Fire Official or a police
officer.
It shall be unlawful for the operator of any
vehicle, other than one on official business, to follow closer than
300 feet from any fire apparatus traveling in response to a fire alarm,
or to drive any vehicle within the block or immediate area where fire
apparatus has stopped in answer to a fire alarm.
A person shall not, without proper authorization
from the Fire Official in charge of said Fire Department emergency
equipment, cling to, attach himself to, climb upon or into, board
or swing upon any Fire Department emergency vehicle, whether the same
is in motion or at rest, or sound the siren, horn, bell or other sound-producing
device thereon or manipulate or tamper with, or attempt to manipulate
or tamper with, any levers, valves, switches, starting devices, brakes,
pumps or any equipment or protective clothing on, or a part of, any
Fire Department emergency vehicle.
It shall be unlawful for any person to damage
or deface, or attempt or conspire to damage or deface, any Fire Department
emergency vehicle at any time or to injure, or attempt to injure or
conspire to injure, Fire Department personnel while performing departmental
duties.
A.
The driver of any emergency vehicle, as defined in § 186-5 of this chapter, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as but not restricted to move-ups, do not constitute an emergency call. The driver of an emergency vehicle may:
(1)
Park or stand irrespective of the provisions of existing
traffic regulations.
(2)
Proceed past a red or stop signal or other sign, but
only after slowing down as may be necessary for safe operation.
(3)
Exceed the prima facie speed limit so long as he does
not endanger life or property.
(4)
Disregard regulations governing direction of movement
or turning in specified directions.
B.
The exemptions herein granted to an emergency vehicle
shall apply only when the driver of any such vehicle while in motion
sounds an audible signal by bell, siren or exhaust whistle as may
be reasonably necessary, and when the vehicle is equipped with at
least one lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehicle.
It shall be unlawful to obscure from view, damage,
deface, obstruct or restrict the access to any fire hydrant or any
Fire Department connection for the pressurization of fire-suppression
systems, including fire hydrants and Fire Department connections that
are located on public or private streets and access lanes or on private
property. If, upon the expiration of the time mentioned in a notice
of violation, obstructions or encroachments are not removed, the Fire
Official shall proceed to remove the same. Cost incurred in the performance
of necessary work shall be paid from the municipal treasury on certificate
of the Fire Official and with the approval of the chief administrative
official; and the legal authority of the municipality shall institute
appropriate action for the recovery of such costs.
A person shall not use or operate any fire hydrant
intended for use of the Fire Department for fire-suppression purposes
unless such person first secures a permit for such use from the Fire
Official and the water company having jurisdiction. This section shall
not apply to the use of such hydrants by a person employed by, and
authorized to make such use by, the water company having jurisdiction.
The Fire Official shall recommend to the chief
administrative official of the municipality the location or relocation
of new or existing fire hydrants and the placement or replacement
of inadequate water mains located upon public property and deemed
necessary to provide an adequate fire flow and distribution pattern.
A fire hydrant shall not be placed into or removed from service until
approved by the Fire Official.
All new and existing shipyards, oil storage
plants, lumberyards, amusement or exhibition parks and educational
or institutional complexes and similar occupancies and uses involving
high fire or life hazards and which are located more than 150 feet
from a public street or which require quantities of water beyond the
capabilities of the public water distribution system shall be provided
with properly placed fire hydrants. Such fire hydrants shall be capable
of supplying fire flows as required by the Fire Official and shall
be connected to a water system in accordance with accepted engineering
practices. The Fire Official shall designate and approve the number
and location of fire hydrants. The Fire Official may require the installation
of sufficient fire hose and equipment housed in accordance with the
approved rules and may require the establishment of a trained fire
brigade when the hazard involved requires such measures. Private hydrants
shall not be placed into or removed from service until approved by
the Fire Official.
A person shall not obstruct, remove, tamper
with or otherwise disturb any fire hydrant or fire appliance required
to be installed or maintained under the provisions of the Fire Prevention
Code,[1] except for the purpose of extinguishing fire, training
or testing purposes, recharging or making necessary repairs or when
permitted by the Fire Official. Whenever a fire appliance is removed
as herein permitted, it shall be replaced or reinstalled as soon as
the purpose for which it was removed has been accomplished. Defective
and nonapproved fire appliances or equipment shall be replaced or
repaired as directed by the Fire Official.
A person shall not sell, trade, loan or give
away any form, type or kind of fire extinguisher which is not approved
by the Fire Official or which is not in proper working order or the
contents of which do not meet the requirements of the Fire Official.
The requirements of this section shall not apply to the sale, trade
or exchange of obsolete or damaged equipment for junk, and said units
are permanently disfigured or marked with a permanent sign identifying
the unit as junk.
A person or persons shall not 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,
within the boundaries of the municipality. The word "street," as used
in this chapter, shall mean any roadway accessible to the public for
vehicular traffic, including but not limited to private streets or
access lanes, as well as all public streets and highways within the
boundaries of the municipality.
[Added 12-19-2017 by Ord.
No. 2017-14]
A.
Provided that the Stillwater Township Fire Department personnel have
the requisite training required to use hazardous material products,
the Stillwater Township Fire Department may, but is not required to,
mitigate the effects of hazardous material released, discharged or
deposited upon or into any property or facilities within the Township
at a scene to which the Fire Department has responded. The following
described persons shall be jointly and severally liable to the Township
for payment of all costs incurred by the Township and/or the Fire
Department for products and materials used for such mitigation activities:
(1)
The person or persons whose acts or omissions, including but not
limited to acts or omissions involving negligence, willful acts or
omissions, proximately caused such release, discharge or deposit of
hazardous materials;
(2)
The person or persons who owned or had custody or control of the
hazardous substance or waste at the time of such release, discharge,
or deposit, without regard to fault or proximate cause;
(3)
The person or persons who owned or had custody or control of the
container which held such hazardous waste or substance at the time
or immediately prior to such release, discharge or deposit, without
regard to fault of proximate cause; and
(4)
The person or persons who owned or controlled the land on which the
hazardous material was deposited or from which the hazardous material
was released or discharged.
B.
The person(s) described in Subsection A of this section shall be liable to the Township or Fire Department for all costs incurred for the products and materials used for the cleanup. The responsible person(s) shall pay the invoice for the charges within 15 days of their receipt of the invoice.
C.
For purposes of this section, "hazardous material" means any material
that, because of its quantity, concentration, or physical or chemical
characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the
workplace or the environment. This includes, but is not limited to,
items that are determined to be hazardous materials under applicable
ordinances, statutes, laws, codes, directives and/or regulations (environmental
laws) including, but not limited to, those issued by the State of
New Jersey and the United States of America, including the New Jersey
Department of Environmental Protection and/or the United States Environmental
Protection Agency.
D.
For purposes of this section, costs incurred by the Township shall
include, but shall not necessarily be limited to, the cost of any
materials and products used.
E.
The remedies provided in this section shall be in addition to any
other remedies provided by the law.
F.
The authority to recover costs under this section shall not include
actual fire suppression services which are normally or usually provided
by the Fire Department.
G.
By assisting with the cleanup of hazardous materials, neither the
Township nor the Fire Department, nor any of their officers, governing
body members, employees and/or volunteers, shall be subject to any
liability as the result of their acts or omissions. Nothing within
this section shall be construed as a waiver or relinquishment of any
statutory or common law immunities or exceptions from liability, including,
but not limited to, those available under the New Jersey Tort Claims
Act, N.J.S.A. 59:1-1 et seq., that may apply to the Township, the
Fire Department and/or any of their officers, governing body members,
employees and/or volunteers.
H.
Notwithstanding anything in this section to the contrary, nothing
within this section shall absolve the person responsible for cleanup
of any hazardous materials under the section from complying with all
environmental laws, including complying with all orders and directives
from all county, state and/or federal governments or agencies, including
but not limited to, the New Jersey Department of Environmental Protection
and/or the United States Environmental Protection Agency.
[Added 12-21-2021 by Ord.
No. 2021-21]
A.
COMPANY
COSTS
MATERIALS
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Stillwater Area Volunteer Fire Company.
All costs incurred by the Township or Company, including
but not limited to the following: actual labor costs of personnel,
including workers' compensation benefits, fringe benefits and
administrative overhead; cost of equipment operation; cost of materials;
and the cost of any outside contract for labor and materials.
All materials, including but not limited to firefighting
foam, chemical extinguishing agents, absorbent material, sand recovery
drums, and specialized protective equipment such as acid suits, acid
gloves, goggles and protective clothing, extrication tools, firefighting
PPE, cones, flares, medical supplies and personnel.
Any public or private corporation, company, association,
society, firm, partnership, joint stock company, individual, or other
entity.
B.
Authorization to recover costs and expenses. The governing body of
the Township of Stillwater authorizes the Company to recover the costs
of firefighting materials used and expended; the costs of the use
of the fire trucks, fire engines, rescue equipment, and tankers; the
costs of personnel hours and hazardous situation abatement materials
involved in fighting fires and/or providing emergency services.
C.
Third-party billing agent. The Company is hereby authorized to bill
and collect costs due to it under this section through a third-party
billing agent, provided that any such agreement with any professional
agency engaged in the business of emergency response billing shall
be subject to the approval of the Township Committee.
D.
Collection of costs. Said costs and fees as outlined above shall
be recovered directly by the Company, or through a third-party professional
agency engaged in the business of emergency response billing under
a contract with the Company, by billing to the responsible party.
E.
Interest and administration fees. In addition to the aforementioned
fees and costs, the Company is hereby authorized to collect reasonable
interest and administration fees for the collection of the fees and
costs due and owing from the insurance companies or responsible parties
for the services rendered and/or materials provided.
F.
Report to the Township Committee. The Company shall provide a monthly
report to the Township Committee detailing all billing and receipts
under this section.
G.
Time limit for reimbursement. Any person or entity responsible for
payment to the Company hereunder shall reimburse the Company, or provide
proof that they have submitted a claim to their insurance carrier
for payment within 45 days after receipt of a statement from the Company
outlining said costs and expenses. These provisions shall be subject
to the following:
(1)
Persons receiving services from the Company shall cooperate with
the Company or other billing personnel hired by the Company to secure
full payment for services rendered from any necessary insurance carrier.
(2)
Due to anticipated time requirements for the preparation and processing
of insurance claims, parties that have provided proof of a claim to
their insurance carrier shall not be charged interest or be subject
to penalties hereunder.
(3)
Responsible parties under this section shall ensure that the Company
is authorized to receive any payments from an insurance carrier as
required by this section.
(4)
The Company reserves the right to determine if a bill is uncollectable
and be written off.
