Borough of Point Pleasant, NJ
Ocean County
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Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 745, 839, 853, 855, 90-7 and 90-16.
[Ord. #94-25]
The Uniform Fire Safety Act (P.L. 1983. c. 383; N.J.S.A. 52:27D-192 et seq.) was enacted for the purpose of establishing a system for the enforcement of standards throughout the State of New Jersey; and the Uniform Fire Safety Act authorized municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose. It is in the best interests of the Borough to have the Uniform Fire Safety Act enforced locally; and pursuant to N.J.S.A. 52:27D-202, the Borough is empowered to designate the Ocean County Bureau of Fire Safety as the Local Enforcing Agency.
[Ord. #94-25, S 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Point Pleasant.
[Ord. #94-25, S 2]
The Local Enforcing Agency shall be the Ocean County Bureau of Fire Safety under the supervision of the Ocean County Fire Marshal.
[Ord. #94-25, S 3; amended 12-4-2018 by Ord. No. 2018-17]
The Ocean County Bureau of Fire Safety shall enforce the Uniform Fire Safety Act (UFSA) and codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Point Pleasant and shall comply with the requirements of the Uniform Fire Safety Act and Uniform Fire Code.
[Ord. #94-25, S 4]
The Ocean County Bureau of Fire Safety shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code.
[Ord. #94-25, S 5]
The Ocean County Bureau of Fire Safety shall be in the Office of the Ocean County Fire Marshal and shall be under the direct supervision and control of the Ocean County Fire Marshal who shall serve as the Fire Official. The Ocean County Bureau of Fire Safety shall consist of said Fire Official and such other inspectors and employees as may be necessary to enforce said code, being appointed by the Ocean County Board of Chosen Freeholders pursuant to the procedures set forth herein.
[Ord. #94-25, S 6]
a. 
Fire Official. The Ocean County Bureau of Fire Safety shall be under the supervision of the Ocean County Fire Marshal who shall be appointed by the Ocean County Board of Freeholders.
b. 
Inspectors and Employees. Such inspectors and other employees as may be necessary for the Ocean County Bureau of Fire Safety to properly carry out its responsibilities shall be appointed by the Ocean County Board of Chosen Freeholders.
[Ord. #94-25, S 7]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by a ruling, action, notice or order of the Ocean County Bureau of Fire Safety shall have the right to appeal to the Construction Board of Appeals of the County of Ocean.
[Ord. #94-25, S 8]
The permit fees shall be established pursuant to the Uniform Fire Code. They shall be as follows, unless modified by resolution of the Ocean County Board of Chosen Freeholders and Ordinance of the Borough:
Type 1
-
$ 25.00
Type 2
-
100.00
Type 3
-
200.00
Type 4
-
300.00
Type 5
-
1000.00
[Ord. #94-25, S 9]
In addition to the inspections and fees required and regulated by the Uniform Fire Safety Act, the following additional inspections and fees shall be required:
A-20 Assembly uses with a maximum permitted occupancy of between 25 to 49 persons. Type of use to include:
Assembly Halls
Auditoriums
Exhibition Halls
Museums
Libraries
Billiard Rooms
Restaurants
Club Rooms
Passenger Stations
Conference Rooms
Mortuary Chapels
Card Rooms
A-21 Assembly uses with a maximum permitted occupancy of between 50 to 59 persons. (Same type of use as A-20).
A-22 Churches
B-30 All professional and business offices with a total gross floor space of under 25,000 square feet.
B-31 Same uses as B-30 (with 25,000 to 49,000 square feet total gross floor space).
B-32 Same uses as B-30 (with 50,000 to 99,999 square feet total gross floor space).
B-33 Same uses as B-30 (with 100,000 square feet and over total gross floor space).
E-40 All private schools, academies, college and university buildings with a total gross floor space of under 25,000 square feet.
E-41 Same uses as E-40 (with 25,000 to 49,999 square feet total gross floor space).
E-42 Same uses as E-40 (with 50,000 to 99,999 square feet total gross floor space).
E-43 Same uses as E-40 (with 100,000 square feet and over total gross floor space).
I-50 Industrial uses and factories of all kinds, with a total gross floor space of under 5,000 square feet.
I-51 Same uses as I-50 (with 5,000 to 9,999 square feet total gross floor space).
I-52 Same uses as I-50 (with 10,000 to 14,999 square feet total gross floor space).
I-53 Same uses as I-50 (with 15,000 to 19,999 square feet total gross floor space).
I-54 Same uses as I-50 (with 20,000 to 49,999 square feet total gross floor space).
I-55 Same uses as I-50 (with 50,000 to 74,999 square feet total gross floor space).
I-56 Same uses as I-50 (with 75,000 to 99,999 square feet total gross floor space).
I-57 Same uses as I-50 (with 100,000 square feet and over total gross floor space).
M-60 All mercantile, wholesale and retail stores and all service offering facilities, other than professional offices, with a total gross floor space of under 6,000 square feet.
M-61 Same uses as M-60 (with 6,000 to 11,999 square feet total gross floor space).
R-70 Hotels, motels, dormitories, apartment buildings and houses (other than one and two family, owner occupied dwellings and/or which are not classified as a Life Hazard Use) with less than 25 living units.
R-71 Same uses as R-70 (with 25 to 49 living units).
R-72 Same uses as R-70 (with 50 to 99 living units).
R-73 Same uses as R-70 (with 100 to 149 living units).
R-74 Same uses as R-70 (with 150 to 199 living units).
R-75 Same uses as R-70 (with 200 to 249 living units).
R-76 Same uses as R-70 (with 250 to 299 living units).
R-77 Same uses as R-70 (with over 299 living units).
S-80 Storage buildings, warehouses and parking garages with under 5,000 square feet total gross floor space.
S-81 Same uses as S-80 (with 5,000 to 9,999 square feet total gross floor space).
S-82 Same uses as S-80 (with 10,000 to 14,999 square feet total gross floor space).
S-83 Same uses as S-80 (with 15,000 to 19,999 square feet total gross floor space).
S-84 Same uses as S-80 (with 20,000 to 49,999 square feet total gross floor space).
S-85 Same uses as S-80 (with 50,000 to 74,999 square feet total gross floor space).
S-86 Same uses as S-80 (with 75,000 to 99,999 square feet total gross floor space).
S-87 Same uses as S-80 (with 100,000 square feet and over total gross floor space).
T-90 All buildings not previously classified, which are not one or two family dwelling units and are under 5,000 square feet gross floor space.
T-91 Same uses as T-90 (with 5,000 to 9,999 square feet total gross floor space).
T-92 Same uses as T-90 (with 10,000 to 14,999 square feet total gross floor space).
T-93 Same uses as T-90 (with 15,000 to 19,999 square feet total gross floor space).
T-94 Same uses as T-90 (with 20,000 to 49,999 square feet total gross floor space).
T-95 Same uses as T-90 (with 50,000 to 74,999 square feet total gross floor space).
T-96 Same uses as T-90 (with 75,000 to 99,999 square feet total gross floor space).
T-97 Same uses as T-90 (with 100,000 square feet and over total gross floor space).
Required Inspections. All additional uses as listed hereinabove shall be inspected for compliance with the provisions of the Uniform Fire Safety Act and the regulations adopted thereunder periodically, but not less that once every twelve (12) months.
Required Fees:
A-20, B-30, E-40, I-50, M-60, R-70, S-80 and T-90
$ 25.00 per year
A-21, B-31, E-41, I-51, M-61, R-71, S-81, and T-91
$50.00 per year
B-32, E-42, I-52, R-72, S-82 and T-92
$75.00 per year
B-33, E-43, I-53, R-73, S-83 and T-93
$100.00 per year
I-54, R-74, S-84 and T-94
$150.00 per year
I-55, R-75, S-85 and T-95
$200.00 per year
I-56, R-76, S-86 and T-96
$250.00 per year
I-57, R-77, S-87 and T-97
$300.00 per year
A-22
No fee
Where more than one (1) additional use exists under one (1) ownership at a given location, the highest use shall be registered at full fee and the subsequent use at one-half (1/2) the scheduled fee. In multi-tenant structures, each tenant shall be registered at full fee.
[Ord. #94-25, S 10]
Before any Use Group R-3 or R-4 structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a Certificate of Smoke Detector Compliance (CSDC), evidencing compliance with N.J.A.C. 5:18-4.19, from the Fire Marshal. The application fee for a CSDC shall be twenty ($20.00) dollars.
[Ord. #94-25, S 11]
a. 
All health care facilities shall be inspected in accordance with guidelines established by the Uniform Fire Safety Code and shall also meet the requirements of the latest edition of the N.F.P.A. 101 Code for Safety to Life from Fire in Buildings and Structures.
b. 
Key Boxes. The Fire Marshal shall have the authority to require a key box to be installed in an accessible location where access to or within a structure or area is difficult because of security. The key box shall be a type approved by the Fire Marshal and shall contain keys necessary for the Fire Department to gain access as required by the Fire Marshal. The operator of the premises shall immediately notify the Fire Marshal, and provide the new key(s), any time a lock is changed or rekeyed and a key(s) to that lock is contained in the key box.
c. 
The Fire Marshal shall have the power and it shall be his duty to provide for the making of Fire Lanes and Fire Zones on public or private property when he/she deems such lanes to be needed for the protection of life and property.
d. 
Upon finding that such action is necessary for the public safety, the Fire Marshal may require the owner or owners of any shopping center, commercial structure, place of public assembly, multiple dwelling, industrial park, office building, hotel or motel, educational facility, health care facility, day care facility or marina to designate "FIRE ZONES" at entrances, means of egress, loading doors or access ways to said premises and "FIRE LANES" in driveways and/or parking lots leading from the street to the "FIRE ZONE".
e. 
The size of the "FIRE ZONE" and/or "FIRE LANE" shall be set at the discretion of the Fire Marshal based upon the size and use of the property, the recommendation of the Board of Fire Officers and such other facts that he/she may deem relevant. "FIRE ZONES" shall be outlined in yellow on the paved surface and shall contain within said outline the phrase "FIRE ZONE" in yellow lettering and shall be striped with diagonal lines also in yellow. "FIRE LANES" shall be outlined in yellow with the phrase "FIRE LANE" in yellow lettering on the paved surface. Marking of the paved surface shall be provided for and maintained by the owner or operator of the property. A diagram and specifications demonstrating the proper manner of painting and lettering "FIRE ZONES" AND "FIRE LANES" on paved surfaces shall be made available by the Fire Marshal or Borough Hall during normal business for public inspection. A metal "FIRE ZONE" or "FIRE LANE" sign shall be provided, erected and maintained by the owner or operator of the property and shall be placed as directed by the Fire Marshal. Said sign shall indicate the term "FIRE ZONE" or "FIRE LANE", shall be of a design and quality and lettered according to the provisions of the State Code, and shall be approved by the Fire Marshal. A diagram and specifications of a "FIRE ZONE" or "FIRE LANE" sign shall be made available by the Fire Marshal or Borough Hall during normal business hours for public inspection. In instances where pavement is not provided for marking, the property owner shall submit for approval to the Fire Marshal a site plan indicating the location and dimensions of the "FIRE ZONE" and/or "FIRE LANE" and the placement of said signs in lieu of pavement marking.
f. 
The parking of motor vehicles or otherwise obstructing a "FIRE ZONE" or "FIRE LANE" shall be prohibited at all times.
g. 
All owners of commercial structures and commercial uses on property abutting any body of water shall have a pumping station constructed at the water having a thirty (30') foot section of bulkhead with a depth of water three (3') foot minimum at low tide. This pumping station shall be constructed with a paved surface at the bulkhead adequate for the use of heavy fire equipment and apparatus. It shall be the responsibility of the owners of said commercial property or commercial structures to repair and maintain said pumping stations and if the Fire Marshal makes a determination that repairs are needed and said repairs are not made by the owner or owners in sixty (60) days of notification of the need for repair, such failure to make repairs will constitute a violation of this ordinance.
h. 
No person shall at any time park a vehicle or in any other manner obstruct any area that has been designated as hereinabove as a pumping station. Above pumping stations shall be designated a "FIRE ZONE".
i. 
Blocked Fire Hydrants and Fire Department Connections. 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 located on public or private streets and access lanes or on private property.
j. 
The parking of a motor vehicle within ten (10') feet of a fire hydrant or otherwise obstructing a fire hydrant or fire department connection shall be prohibited at all times. The above fire department connections shall be designated a "FIRE ZONE".
k. 
The Point Pleasant Borough Police and the Fire Marshal shall have concurrent jurisdiction to enforce the provisions of this section relating to "FIRE LANES", "FIRE ZONES" and "BLOCKED FIRE HYDRANTS AND FIRE DEPARTMENT CONNECTIONS". The Point Pleasant Borough Police are authorized to tow motor vehicles and remove all obstructions from any "FIRE LANE", "FIRE ZONE" or "BLOCKED FIRE HYDRANT". All motor vehicles and other obstructions removed pursuant to this section may be stored in a storage area approved by the Point Pleasant Borough Police Department. The cost of removal and storage shall be charged to the owner of the vehicle or other obstruction. The Point Pleasant Borough Police shall give notice to the owner of the motor vehicle or obstruction, if the owner can be identified within twenty-four (24) hours after the removal of the motor vehicle or obstruction.
[Ord. #94-25, S 12]
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars.
[Ord. #94-25, S 13]
All penalties under the New Jersey Uniform Fire Code (N.J.A.C. 5:18-1 et seq.) shall be adopted for the purpose of enforcing this section against any person or persons, firm, partnership or corporation, violating any of the provisions of this section.