Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Wildwood, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The authority for a municipality to adopt a fire prevention code by reference is found in R. S. Cu. Supp. 40:49-5.1, et seq.
In accordance with the authority granted by R. S. Cu. Supp. 40:49-5.1 to 5.3, inclusive, a code is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion. A copy of the code is attached to and made a part of this chapter without the inclusion of the text herein.
The code adopted by this section is the most recent edition of the code commonly known as "The BOCA Basic Fire Prevention Code. 1975", as revised and amended, and sometimes referred to herein as the Fire Prevention Code.
Three copies of the fire prevention code have been placed on file in the office of the city clerk and shall remain on file there for the use and examination of the public.
a. 
MUNICIPALITY — As used in the fire prevention code shall mean the City of Wildwood.
b. 
CORPORATION COUNSEL — As used in the fire prevention code shall mean the city solicitor.
The fire prevention code shall be enforced by the bureau of fire prevention, which shall function as part of the fire department of the city under the supervision of the chief of the fire department.
The chief of the bureau of fire prevention shall be appointed by the mayor on the basis of an examination to determine his qualification. His appointment shall continue during good behavior and satisfactory service and he shall not be removed from office except for cause after public hearing.
The chief of the bureau of fire prevention shall be assisted in the performance of his duties by such members of the fire department as the chief of the fire department shall, from time to time and as may be necessary, assign as inspectors. The chief of the fire department may also recommend to the mayor the employment of technical inspectors who, when their employment is authorized, shall be selected through an examination to determine their fitness for the position. The examination shall be open to both members and non-members of the fire department, and appointments made after an examination shall be for an indefinite term with removal only for cause.
The bureau of fire prevention shall make an annual report to the mayor. It shall contain all proceedings under the fire prevention code with such statistics as the chief of the bureau of fire prevention may wish to include. The chief of the bureau of fire prevention shall also recommend an amendments to the fire prevention code which in his judgment shall be desirable.
The limits referred to in section 16.22(a) of the fire prevention code in which the storage of flammable liquids in outside above around tanks is prohibited shall be the area east of Park Boulevard, south of Rio Grande Avenue and north of Oak Avenue.
The limits referred to in section 16.51 of the fire prevention code in which new bulk plants for flammable liquids are prohibited shall be the area east of Park Boulevard, south of Rio Grande Avenue and north of Oak Avenue.
The limits referred to ill section 21.6(a I of the fire prevention code in which bulk storage of liquefied petroleum gas is restricted shall be the area east of Park Boulevard, south of Rio Grande Avenue and north of Oak Avenue.
The limits referred to in section 12.5(b) of the fire prevention code in which the storage of explosives and blasting agents is prohibited shall be the area cast of Park Boulevard, south of Rio Grande Avenue and north of Oak Avenue.
The fire limits, as defined by the Uniform Construction Code, Article 17, et seq., are hereby established in the City of Wildwood in zoning districts asset forth in the city zoning ordinance and on the city zoning map, as follows:
a. 
C-l neighborhood commercial.
b. 
C-2 retail commercial.
c. 
C-3 resort commercial.
d. 
C-4 bay commercial.
e. 
C-5 highway and automotive commercial.
f. 
C-6 limited industrial, wholesale commercial.
An application for a permit required by the fire prevention code shall be made to the city clerk upon forms provided by him. The application shall be referred to the bureau of fire prevention for investigation. The bureau of fire prevention shall, within a reasonable time after the filing of the application, recommend the granting or denial of the permit. No permit shall be granted unless the recommendation of the bureau of fire prevention is favorable. Upon receiving a favorable report from the bureau of fire prevention, the clerk shall issue the permit immediately upon payment of the required fee.
Unless another time is specified in the permit, each permit shall expire on December 31st of the year of issue and shall be annually renewable.
The fee for any permit required by the fire prevention code shall be ten ($10.00) dollars per year. Fees shall not be prorated.
The mayor, the chief of the fire department and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons notice and an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the fire prevention code. The chief of the bureau of fire prevention shall post a list of the materials, processes and occupancies which require permits in a conspicuous place in his office, and shall distribute copies of the list to interested persons.
The chief of the bureau of fire prevention shall have the power to modify any of the provisions of the fire prevention code upon an application in writing by the owner or lessee, or his duly authorized agent, where there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of each modification, when granted or allowed, and the decision of the chief of the bureau of fire prevention on each application for a modification shall be entered upon the records of the bureau of fire prevention and a signed copy shall be furnished to the applicant.
Whenever an application for a modification is refused, or a permit applied for is denied, or when it is claimed that the provisions of the fire prevention code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the bureau of fire prevention to the board of commissioners within 30 days from the date of the decision appealed from.
a. 
Dwellings. All apartments, apartment houses, rooming houses, hotels, motels and the like, other than single family dwellings, shall be required to install and maintain smoke detectors in good working order, in accordance with the requirements of this section. For premises existing at the time of the adoption of this section, the installation shall be completed by May 1, 1981. For premises under construction or for any new construction, the requirements of this section shall be complied with prior to the issuance of a certificate of occupancy.
b. 
Single Family Dwellings. All new single family dwellings for which no certificate of occupancy has been issued prior to the adoption of this section shall be required to comply with the provisions of this section prior to the issuance of a certificate of occupancy.
c. 
Places of Business. All places of business shall be required to install and maintain smoke detectors in good working order, in accordance with the requirements of this section. For premises existing at the time of the adoption of this section, the installation shall be completed by May 1, 1981. For premises under construction, or for any new construction, the requirements of this section shall be complied with prior to the issuance of a certificate of occupancy.
d. 
Waiver. Notwithstanding the provisions of this section, no smoke detectors shall be required for any premises which has a fire detection system and/or sprinkling system in operating condition approved by the city fire inspector and for which a permit has been issued by said inspector.
e. 
Persons Responsible to Comply. The owner of any premises, for which a smoke detector is required, shall comply with the provisions of this section.
A smoke detector is a device with the capacity to sense visible particles of combustion and to sound an audible alarm if such particles are detected. All smoke detectors installed shall meet the requirements as set forth in NFPA 72 E Automatic Fire Detectors, or any testing agency approved by the uniform construction code.
a. 
Dwellings, Including Single Family Dwellings.
1. 
One detector shall be installed at the top of each stairway leading to an occupied area.
2. 
Minimum of one smoke detector for every 150 square feet of sleeping area, provided that each separate hotel/motel unit and apartment shall contain at least one smoke detector.
b. 
Places Other Than Dwellings. Approved smoke detecting devices shall be installed in such number so as not to exceed the lineal or square footage allowances specified on the approved smoke detecting device based on the generally accepted test standards under which the particular device was tested and approved.
c. 
Placement. The placement of all smoke detectors shall be approved by the fire inspector and noted on the building plans if any are required to be submitted.
d. 
Installation. The system may be wired or battery operated. If a residential, use group R, building is more than five stories in height, then it shall be wired to an emergency electrical system.
Any violation of this section shall subject the violator to the general penalty clause asset forth in section 3-12.
No person shall park a vehicle upon any of the streets or parts of street as described in Schedule I[1] attached and made a part of this section.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.