There is hereby adopted by the Township of Roxbury, Morris County, New Jersey, the fire control measures and regulations as set forth in THE BOCA BASIC FIRE PREVENTION CODE/1978, a copy of which is annexed hereto, for the purposes of controlling conditions which could impede or interfere with fire suppression forces.
All of the sections of the code contained in Articles 1 through 34, inclusive, except for section F-105.5.1, Penalty for Violations, in Article 1, Administration and Enforcement, are hereby adopted and made of full force and effect in the township as though set forth in full herein.
The adoption of the provisions of the code annexed hereto is made pursuant to N . J . S . A . 40:49-5.1 through 5.3 and accordingly three copies of the code, marked in a manner similar to the copy annexed hereto, are on file in the office of the township clerk for the use and examination of the public. Three additional copies of the annexed code, similarly marked, are on file in the office of the chief of the fire department for the use and examination of the public.
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 of taking any other action necessary in the reasonable performance of their 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 re-enter 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, 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 to 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 such 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 nearer to, or park the vehicle within 200 feet of, where any fire apparatus has stopped in answer to a fire alarm.
A person shall not without proper authorization from the fire official in charge of such 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 to 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.
The driver of any emergency vehicle, as defined in this section, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when such 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 any emergency vehicle may:
Park or stand irrespective of the provisions of existing traffic regulations;
Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation;
Exceed the prima facie speed limit so long as he does not endanger life or property;
Disregard regulations governing direction of movement or turning in specified directions.
The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds 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 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 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 subsection 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 ship yards, oil storage plants, lumber yards, 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 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 non-approved fire appliances or equipment shall be replaced or repaired as directed by the fire official.
Except as otherwise provided by Section 13-7.908 of the Township's Land Use Regulations, 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 section, 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.
Editor's Note: Ordinance No. 31-2000, S1, added Section 13-7.908 to the Township Land Use Regulations concerning gated access roads.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the township committee or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance respectively be punishable by a fine not exceeding five hundred ($500.00) dollars or by imprisonment for not more than 90 days, or by both fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
No provision of this code shall be construed as relieving any person from any other or additional provisions of any statute, ordinance, rule or regulation respecting safety and protection from fire.
- DANGEROUS MATERIAL
- shall mean trade waste which presents an existing or potential hazard to health or safety if disposed of by any means other than open burning including, but not limited to, explosives, nitrocellulose and elemental sodium.
- shall mean waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets, or any other source, or food of any kind to be thrown away.
- shall mean any device, apparatus, equipment, or structure used for destroying, reducing, or salvaging by fire any material or substance including, but not limited to, refuse, rubbish, garbage, trade waste, debris, or scrap or a facility for cremating human or animal remains.
- OPEN BURNING
- shall mean any fire whose products of combustion are emitted directly into the open air, and are not directed thereto through the stack or chimney of an incinerator.
- PLANT LIFE
- shall mean vegetation including, but not limited to, trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds, and crops.
- PRESCRIBED BURNING''
- shall mean the open burning of plant life under such conditions that the fire is confined to a predetermined area and accomplishes the environmentally beneficial objectives of prevention and control of wildfires.
- shall mean rubbish, garbage, trade waste, and plant life.
- shall mean waste solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, and other similar materials.
- STACK OR CHIMNEY
- shall mean a flue, conduit, or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.
- TRADE WASTE
- shall mean all waste, solid or liquid material, or rubbish resulting from construction, building operations, or the prosecution of any business, trade, or industry including, but not limited to, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid, or liquid waste material.
No person shall cause, suffer, allow or permit the open burning of any material, including without limitation, rubbish, garbage, trade waste, buildings, structures, plant life or dangerous material; provided, however, that a permit may issue under certain prescribed circumstances as herein below set forth and then such burning may occur only upon satisfaction of all the conditions of the permit.
Exceptions. When permitted by the property owner, open burning of propane gas, charcoal, wood or other cooking fuel for cooking purposes only is exempt provided it is safely contained in a container built and designed for that purpose such as a propane gas grill, charcoal barbecue grill, masonry grill or other approved container.
Any person seeking permission to conduct an open burning of plant life shall file with the township fire official on an application form provided by the township, an application setting forth the following information as well as any other information required by the township:
The name, address and relationship to the property owner of the person making the application.
The name and address of the property owner together with a consent of the property owner to the application.
The exact location of the premises, by street address and by block and lot number as well as the exact location of the proposed open burning area.
A detailed plan describing the nature and quantity of plant life to be burned including a description of how the open burning is to be done, the date or dates and time or times at which the burning will be conducted and a complete detailed description of the safety precautions undertaken with respect to the open burning.
A detailed explanation, together with any attached documentation with supporting information explaining why no other effective method of disposal is available.
Attached to the application for the permit shall be, in addition to such other supporting documentation and information, a full copy of the application for open burning permit filed with the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-2 et seq. with all attachments filed therewith as well as a copy of the current open burning permit issued by the New Jersey Department of Environmental Protection in accordance with said regulation.
Where the New Jersey Department of Environmental Protection has issued a special permit pursuant to N.J.A.C. 7:27-2(12) after it has determined that the substance or material to be the subject of open burning constitutes an imminent hazard to the public health, welfare, or safety if not disposed of, any person, firm or corporation having obtained such a special permit from the New Jersey Department of Environmental Protection to open burn such substances or materials, shall apply for a special circumstance permit from the township which shall include all of the information described in subsection 10-5.3 above together with the following information:
The identification and quantity of all substances or materials to be burned.
If requested by the township, an environmental impact statement respecting the potential toxicological impact of the open burning as well as any adverse or hazardous environmental impacts with respect to water and air quality, on and off site.
A detailed explanation of the reasons why the substance or material cannot be disposed of by any method other than open burning, including detailed cost analysis of alternatives such as off-site incineration or land filling.
No such special circumstance permit shall be issued when there is any significant toxicological, hazardous or negative impact upon the environment, water quality or air quality, on-site or off-site except upon the affirmative determination by the township council, after consultation with the fire official and such other experts as the township may wish to consult with respect to same either within or outside the township administration that the negative hazardous or toxicological environmental impacts of failing to dispose of the substance or material by open burning outweigh the negative hazardous or toxicological environmental impacts of disposal of such substance or material by open burning and there is no other reasonable method of disposal available under the circumstances.
Application for a permit for open burning of plant material shall be accompanied by a fee as set forth in Chapter XXIV, section 24-12.
Application for a special circumstance permit shall be accompanied by an application fee of one hundred fifty ($150.00) dollars and if requested, the applicant shall deposit five hundred ($500.00) dollars in escrow with the township if the township determines to utilize the services of an outside expert to assist the township in evaluating the application. The applicant shall be fully responsible for the township's fees in connection with such expert. The township shall obtain an estimate from the expert respecting the evaluation and provide same to the applicant prior to the hiring of such expert. The applicant may choose to withdraw the application rather than pay the fees for the expert evaluation, in which event, one hundred ($100.00) dollars of the application fee shall be returned.
As otherwise hereinabove set forth, once the application has been filed, application fees are nonrefundable, regardless of the determination made respecting the application.
Any person, firm or corporation violating any regulation respecting open burning pursuant to this section, upon conviction of the municipal court, shall be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment for not more than 90 days or both in the discretion of the municipal court judge.
Campfires are permitted, upon obtaining a permit issued by the fire prevention bureau, at the Morris Canal Park and the Ledgewood Basin Park subject to the following:
Permit application required. Permit applications for campfires at the above township owned facilities shall be submitted in writing at least five days before the campfire is to be set and shall be in such form and contain such information as required by the fire official. Such applications shall contain at a minimum, the date and time when such campfire will take place, the location of the campfire and the on-site fire extinguishing equipment to be provided.
Location of campfires. The location for any campfire shall not be less than 50 feet from any structure, and the proper provisions shall be made to prevent the fire from spreading outside of the fire pit.
Attendance. Any campfire shall be constantly attended and monitored by an adult until the fire is extinguished. At least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or other approved on-site fire extinguishing equipment shall be available for immediate utilization.
Campfire size and duration. A campfire shall not be more than two feet by two feet in dimension and shall not burn longer than three hours.
Material. Fuel for a campfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and the fuel shall be chosen to minimize the generation of air contaminants.
Campfires prohibited. The fire official or his or her designee shall prohibit campfires that will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous. The fire official or his or her designee shall order the extinguishment, by the permit holder or the fire department, of any campfire that creates or adds to a hazardous or objectionable situation.
The fire chief of the township, upon approval of the township committee in form of resolution, is authorized to establish fire areas on property devoted to public use, including, but not by way of limitation, shopping centers, bowling alleys, drive-in theatres, churches, swimming pools and similar uses in involving parking of sufficient number of motor vehicles to make necessary such regulation for protection of persons and property in case of fire or other emergency.
These fire areas shall be established to insure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons and vehicles thereon in case of fire or other emergency.
The number, location, width, length and markings of such areas shall be determined by the fire chief with approval of the township committee. Such determination and approval shall be by resolution based upon the size, type and location of the building or buildings; use to which property is put; number of motor vehicles operated and parked upon the property; number of persons using and occupying premises; existing means of ingress and egress; total area of property, including size of parking lot or lots; and all other relevant factors.
The fire chief is further authorized with approval of the township committee by resolution to regulate, restrict and prohibit the parking and operation of motor vehicles in and near such fire area and to impose other regulations necessary to insure that such areas are free from obstruction.
Any person violating any regulation covering fire areas adopted pursuant to this section shall be liable to a fine of not more than twenty-five ($25.00) dollars for each violation; and upon failure to pay the same, together with the costs and charges incidental thereto, may be imprisoned in the county jail for a period not exceeding 15 days, in the discretion of the municipal magistrate.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.O. 1983, C. 383) the New Jersey Uniform Fire Code shall be locally enforced in the Township of Roxbury.
The local enforcing agency shall be the bureau of fire prevention which is hereby established in the department of planning, development and inspections under section 2-11 of Chapter II, Administrative Code, of the Revised General Ordinances of the Township of Roxbury, 1978.
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Roxbury other than owner-occupied one and two family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
In addition to the duties prescribed in the Uniform Fire Safety Act, the fire official shall provide a written report to the fire department chief and the municipal manager, at least monthly, as to all functions performed by the bureau in the administration of the Fire Prevention Code and the Uniform Fire Safety Act. Copies of all permits issued by the bureau shall be promptly given to the fire department chief and company chief in whose area the activity is occurring. The fire official shall compile, maintain and distribute to the fire chief and assistant chiefs current inventories of hazardous materials and activities in the community. The fire official or his designee shall promptly act on all complaints or requests for inspections by the fire department chief and assistant chiefs and shall respond promptly to all fires when requested by the chief or assistant chiefs to advise the fire department on the fire hazards contained in the structure under fire or adjacent properties.
The local enforcing agency established by subsection 10-8.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the commissioner of community affairs.
The local enforcing agency established by subsection 10-8.2 of this section shall be a part of the department of planning, development and inspections and shall be under the direct supervision and control of the municipal manager.
Appointment of fire official. The local enforcing agency shall be under the direct supervision of a fire official who shall be appointed by the municipal manager after receiving recommendations from the fire chief and three assistant chiefs of the Roxbury Fire Department.
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the municipal manager upon receiving recommendations from the fire official, fire chief and three assistant fire chiefs.
Term of office. The fire official and fire inspectors shall serve for a term of three years.
Removal from office. Inspectors and other employees of the enforcing agency shall be subject to removal by the municipal manager for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the municipal manager in the manner provided to all other township employees.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Morris County.
The inspection and fees required pursuant to the Act and the regulations of the department of community affairs shall be required for all affected properties and businesses in Roxbury Township. See Chapter XXIV, section 24-12 for fees.
The permit fees established by the Uniform Fire Code shall be in effect in the Township of Roxbury. The owners and/or occupiers of all properties and businesses subject to this section shall be responsible for the payment of the permit fees. The required fees stipulated in section 24-14 shall be taken as a credit against the cost of any required permit fees.
The fire official designated to enforce this section shall also serve as the fire official to enforce the provisions of section 10-1, Fire Prevention of the Revised General Ordinances of the Township of Roxbury.
This section shall be known and designated as the "Smoke and Carbon Monoxide Detector Ordinance of the Township of Roxbury."
No owner of an existing single-family, two-family or multi-family dwelling, on or after the effective date of this section, shall sell a single-family, two-family or multi-family dwelling or any residential unit contained therein, unless and until one or more carbon monoxide detectors and one or more smoke detectors (or other approved fire alarm system) is installed for each dwelling unit being so sold in accordance with all the requirements of the New Jersey Uniform Construction Code and the Uniform Fire Code.
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 and carbon monoxide alarm compliance CSDCMAC, evidencing compliance with N.J.A.C. 5:70-4.19 from the appropriate enforcing agency.
The fire official of the Township of Roxbury, or in his absence or unavailability, the fire inspector of the Township of Roxbury, shall be responsible for the enforcement of the requirements of this section. Said fire official or fire inspector, as the case may be, shall inspect and approve all carbon monoxide detectors, smoke detectors, and other fire alarm systems installed in accordance with the provisions of this section and the New Jersey Uniform Construction Code and Uniform Fire Code, including the approval of the location or locations selected for such installation.
In order to inform prospective purchasers of residential properties within the Township of Roxbury that no residential dwelling unit may be sold without first installing (a) carbon monoxide detector (b) smoke detector(s); or (c) such other approved fire alarm system in accordance with the requirements of this section and the New Jersey Uniform Construction Code and Uniform Fire Code, each and every tax search issued by the Township of Roxbury shall contain a statement calling attention to the requirements of this section and shall include a certification for the seller to execute and deliver to the purchaser at the closing of title, attesting to compliance with the provisions of this section. Such certification form shall be forwarded with each tax search ordered. The fee to be paid to the Township of Roxbury for the initial inspection and certificate of approval shall be as set forth in Chapter XXIV, section 24-12. A CSDCMAC shall not be transferable. If the change of occupancy specified in the application for a CSDCMAC does not occur within six months, a new application shall be required. The enforcing agency may issue a CSDCMAC for a seasonal rental unit for a period of up to 12 months, regardless of the number or frequency of changes in tenancy.
Whenever a carbon monoxide or smoke detector or other approved fire alarm system is required to be installed by this section, such requirement shall not be considered to have been complied with unless such carbon monoxide detector(s), smoke detector(s) or other type of fire alarm system is installed in accordance with all the technical requirements and specifications of the New Jersey Uniform Construction Code (and the Building Code and Uniform Fire Code adopted therein by reference) and has been inspected and approved by the fire official (or in his absence or unavailability, by the fire inspector).
The owner(s) of the real estate upon which the structure in question is located shall be the party responsible for installation of carbon monoxide detector(s), smoke detector(s), or other fire alarm system in accordance with the requirements of this section. No CSDCMAC or municipal certificate of occupancy shall be issued for any Use-Group R-3 or R-4 structure, or unit therein, as the case may be, unless the structure or unit contains a carbon monoxide detector meeting the requirements of UL Standard 2034; provided, however, that no carbon monoxide alarm shall be required in any building that does not contain any fuel-burning appliances and does not have an attached garage. An "open parking structure," as defined in the building subcode of the State Uniform Construction Code, shall not be deemed to be an attached garage.
Any owner of the property upon which is constructed or located a structure required to have installed therein a carbon monoxide detector, smoke detector or other fire alarm system, and who fails to do so in accordance with the requirements of this section, shall be liable to a fine of not more than five hundred ($500.00) dollars or to imprisonment for not more than 30 days, or to both such fine and imprisonment.
The fire official, and in his absence or unavailability, the fire inspector, is hereby empowered, upon reasonable advance notice to the owner and/or the tenant or other party in possession, to come upon any premises and enter any structure which is required to comply with the requirements of this section in order to verify compliance with this section and the New Jersey Uniform Construction Code and Uniform Fire Code and to otherwise carry out the objectives and enforcement of this section.
The fire official shall maintain a list of all properties in the Township of Roxbury which have had carbon monoxide detectors, smoke detectors or other fire alarm systems installed in accordance with the requirements of this section and the New Jersey Uniform Construction Code and Uniform Fire Code. This list shall be kept current as additional buildings within the township are equipped with carbon monoxide detectors, smoke detectors or other fire alarm systems in accordance with this section.
The provisions of this subsection shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon the fire department to any location in response to any type of alarm signal.
- ALARM CONSOLE
- shall mean the console or control panel of devices giving visual, audio or electronic responses.
- ALARM DEVICE
- shall mean any alarm device or combination of devices installed by one or more buildings in a location other than the alarm console.
- DIAL ALARM DEVICE
- shall mean the type of device using telephone lines transmitting an alarm through a central station alarm company and not directly through a central station alarm company and not directly through the police switchboard.
- FALSE FIRE ALARM
- shall mean the activation of a fire alarm device of any type to which the fire department must respond, and for which an investigation fails to reveal a cause of the nature or type to which the alarm device was designed or intended to react.
- FIRE OR SMOKE ALARM DEVICES
- shall mean any type of alarm system activating equipment in the alarm console providing warning of fire or smoke.
- LOCAL ALARM DEVICE
- shall mean any alarm or device which when activated produces a signal not connected to an alarm console including, but not limited to, store fire alarm bell activating devices, and residential or other type of alarm signal devices connected to private monitoring systems, which alarm may be relayed to the police department or fire department.
- shall mean dwellings within the Township of Roxbury classified as one- or two-family dwellings only.
False fire alarm penalties.
It is the responsibility of the owner to maintain all alarm devices in safe and proper operating condition. In case of a false fire alarm, the fire department shall be notified and the chief and/or fire official shall conduct an investigation as to why the alarm was activated. A false fire alarm report shall be filed with the township fire official who shall issue the appropriate penalty herein below described in accordance with the procedures set forth at N.J.A.C. - 2.9.
The township fire official may levy and collect penalties in the amounts set forth in Chapter XXIV, section 24-11 in the event of a false fire alarm. The penalty shall be imposed for any false alarms occurring within any calendar year.
Notices and orders for penalties are required or permitted to be issued and served upon the owner by certified mail return receipt requested to the person designated as owner or agent on the license required pursuant to section 4-17 of these Ordinances, in the municipal tax records or in the records of the Secretary of State; however, if the certified mailing is returned, the original letter shall be remailed to the last known address of the person by ordinary mail; or by serving the document on the Secretary of State, who shall be deemed the owner's agent for service of process except that reasonable efforts have first been made to serve the owner or his agent by certified mail and then a copy of the document be posted in a conspicuous location on the premises. Conspicuous location shall include the walls of the front vestibule or any common foyer or hallway immediately inside the main front entrance; or by personal delivery of the document to the owner; or by leaving the document at the office or dwelling unit of the owner with a person 14 years of age or older. Service may be accomplished on any other person pursuant to N.J.A.C. 5:18-2.10.
If the administrative penalty order has not been satisfied by the 30th day after its issuance, the penalty may be sued for and recovered by and in the name of Township of Roxbury in a Civil Action by Summary Proceeding under the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.) in the Municipal Court of Roxbury Township. A person who fails to pay immediately, a money judgment will be entered against him pursuant to this subsection and may be sentenced to imprisonment by the court for a period not exceeding six months unless the judgment is sooner paid.
The owner shall take all necessary steps to ascertain immediately the cause of any false fire alarm and shall alleviate the problem. Failure by the owner to take reasonable precautions to avoid false fire alarms shall be a violation of the N.J. Uniform Fire Code (N.J.A.C. 5:18).
Testing of alarms required by the N.J. Uniform Fire Code or practice without prior notice shall be considered false alarms.
This section shall be known and designated as the Sprinkler System Ordinance of the Township of Roxbury.
The following applies to annual inspection and test:
Inspection and field tests of fire suppression sprinkler systems, devices, and equipment shall be conducted by the owner or an approved authorized representative as herein required.
When testing any fire suppression sprinkler system, which is connected through a central supervisory station directly to the fire or police department, notification shall be given to the fire official before initiation of the test.
The inspectors test connections, main drain valves and all control valves on the sprinkler system shall be operated to determine that there is a free water flow at adequate pressure and that the supervisory service, if any exists, is operating properly.
Before a certificate of approval is issued, proper documentation must be received as to results of tests, any repairs to be made to system, and/or recommendations thereof.
The fire official of the Township of Roxbury, or in his/her absence or unavailability, the fire inspector of the Township of Roxbury, shall be responsible for the enforcement of the requirements of this section. Said fire official or fire inspector, as the case may be, shall review and approve all necessary documentation, repairs, recommendations and fees as to this section before a certificate of approval is issued.
The fee to be paid to the Township of Roxbury for the annual certificate of approval for the fire suppression sprinkler system shall be as set forth in Chapter XXIV, section 24-12 per system, payable before the issuance of certificate.
Pursuant to the provisions of this section and the New Jersey State Uniform Fire Code, an annual certificate of approval for all fire suppression sprinkler systems is required in Roxbury Township.
In addition to the inspections and fees required pursuant to New Jersey Uniform Fire Code, and the Regulations of the Department of Community Affairs, the following additional inspections and fees shall be required.
Inspections. For the inspection of a business in buildings, areas of buildings and premises not registered with the state as a life hazard use or regulated under a required permit use. Also included in this section are buildings used as multi-family dwellings.
Inspection fee. The fee shall be as set forth in Chapter XXIV, section 24-12 for each required inspection and should be payable to the Roxbury Township Bureau of Fire Prevention within 30 days of the initial inspection date.
Special event/incident standbys. In the event it is determined necessary by the fire official to have one or more fire inspectors/fire officials to stand by at a special event or incident, a fee of thirty ($30.00) dollars per hour per inspector/official shall be charged with a two hour minimum. The individual or group responsible for the event/incident will be responsible for payment of all fees.