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:
a.
Park or stand irrespective of the provisions of existing traffic
regulations;
b.
Proceed past a red or stop signal or other sign, but only after slowing
down as may be necessary for safe operation;
c.
Exceed the prima facie speed limit so long as he does not endanger
life or property;
d.
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,[1] 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.
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.
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.
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.
shall mean vegetation including, but not limited to, trees,
tree branches, leaves, yard trimmings, shrubbery, grass, weeds, and
crops.
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.
shall mean a flue, conduit, or opening designed and constructed
for the purpose of emitting air contaminants into the outdoor air.
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.
a.
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.
b.
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.
a.
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:
1.
The name, address and relationship to the property owner of the person
making the application.
2.
The name and address of the property owner together with a consent
of the property owner to the application.
3.
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.
4.
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.
5.
A detailed explanation, together with any attached documentation
with supporting information explaining why no other effective method
of disposal is available.
6.
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.
a.
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:
1.
The identification and quantity of all substances or materials to
be burned.
2.
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.
3.
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.
4.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
a.
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.
b.
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.
c.
Term of office. The fire official and fire inspectors shall serve
for a term of three years.
d.
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.
a.
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.
a.
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.
b.
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.
c.
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).
d.
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.
e.
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.
f.
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.
g.
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.
a.
ALARM CONSOLE
ALARM DEVICE
DIAL ALARM DEVICE
FALSE FIRE ALARM
FIRE OR SMOKE ALARM DEVICES
LOCAL ALARM DEVICE
RESIDENTIAL
Definitions.
shall mean the console or control panel of devices giving
visual, audio or electronic responses.
shall mean any alarm device or combination of devices installed
by one or more buildings in a location other than the alarm console.
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.
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.
shall mean any type of alarm system activating equipment
in the alarm console providing warning of fire or smoke.
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.
b.
False fire alarm penalties.
1.
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.
2.
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.
3.
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.
4.
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.
c.
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).
d.
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:
a.
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.
b.
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.
c.
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.
a.
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.
b.
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.
c.
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.
