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.
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:
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.
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.
