[Ord. #85-493, S 1; Ord. #07-1250, S 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, C. 383) the provisions of the New Jersey Uniform Fire Code,
N.J.A.C. 5:70, shall be locally enforced in the Township of Montgomery
in Somerset County, New Jersey. The local enforcing agency shall be
the Bureau of Fire Prevention. The terms "local enforcing agency"
and "Bureau of Fire Prevention" may be used interchangeably in this
section.
[Ord. #85-493, S 1; Ord. #96-882, S 2]
The Bureau of Fire Prevention shall consist of the Fire Official,
Fire Inspectors and assigned support staff.
[Ord. #85-493, S 1; Ord. #07-1250, S 1]
The Bureau of Fire Prevention shall enforce the Uniform Fire
Safety Act (P.L. 1983, C. 383) and all codes and regulations adopted
thereunder in all buildings, structures and premises, other than owner-occupied
one and two family dwellings, within the established boundaries of
the Township of Montgomery and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code (N.J.A.C.
5:70). The Bureau of Fire Prevention shall be responsible for the
periodic inspection of life hazard uses as required by the Uniform
Fire Code. The Bureau of Fire Prevention shall annually prepare a
report and transmit the same to the Township Committee, and the Commissioners
of Fire Districts Nos. 1 and 2 summarizing the activities of all proceedings
under the Uniform Fire Code which report shall contain, without limitation,
statistics concerning the number and location of inspections and violations,
relevant municipal court action and recommendations for means of fire
prevention. The Bureau of Fire Prevention shall meet at such times
as may be necessary to fulfill its responsibilities, but in any event,
not less than bimonthly.
[Ord. #85-493, S 1; Ord. #96-882, S 7]
The routine administration of the responsibilities of the local
enforcing agency shall be performed by the Fire Official. The Fire
Official shall be appointed by the Township Committee. The Fire Official
shall serve for a term at the pleasure of the Township Committee.
[Ord. #85-493, S 1; Ord. #96-882, S 3; Ord. #07-1246, S 2;
Ord. #07-1250, S 1]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act
(P.L. 1983, C. 383) any person aggrieved by any order of the local
enforcing agency shall have the right to appeal that order to the
Somerset County Construction Board of Appeals. Except for imminent
hazard cases, the appeal shall be taken no later than the fifteenth
day after service of the order.
[Ord. #85-493, S 1; Ord. #96-882, S 4]
Collection of the annual registration fees for non-life hazard
uses established pursuant to the Uniform Fire Code shall be performed
by the local enforcing agency.
[Ord. #85-493, S 1; Ord. #86-532, S 1; Ord. #96-882, S 5;
Ord. #99-991, S 1; Ord. #07-1250, S 1; Ord. #11-1389, S 1; amended 9-20-2018 by Ord. No. 18-1591]
In addition to the inspection requirements of the Uniform Fire
Code, the following registration fees shall be required in the Township
of Montgomery:
a.
Industrial and commercial uses not classified as "life hazard uses"
by the Uniform Fire Code:
[Amended 10-19-2023 by Ord. No. 23-1706]
|
Gross Floor Area
(square feet)
|
Fee
|
|---|---|
|
Under 499
|
$70
|
|
500 to 999
|
$100
|
|
1,000 to 2,999
|
$125
|
|
3,000 to 5,999
|
$150
|
|
6,000 to 11,999
|
$225
|
|
12,000 to 23,999
|
$325
|
|
24,000 to 40,000
|
$450
|
|
For every additional 1,000 square feet above 40,000
|
$10
|
|
Religious uses or places of worship, or similar uses
|
Exempt
|
|
Agricultural uses or farm structures or similar uses
|
$50 per structure
|
The payment of the above fees shall be the responsibility
of the occupant of the premises.
b.
Multiple-family dwellings:
[Amended 10-19-2023 by Ord. No. 23-1706]
|
Number of Units
|
Fee
|
|---|---|
|
3 to 5
|
$65
|
|
6 to 25
|
$150
|
|
25 and above
|
$500
|
The payment of the above fees shall be the responsibility
of the owner of the premises.
c.
The fee for entirely vacant retail or office space shall be 1/2 of
the fee above-prescribed.
d.
The above-described fees shall be billed each January and paid by
the party as designated above on or before the date specified in the
notice served upon said party by the Fire Official, which date shall
be at least 30 days from the date of the notice.
[Ord. #85-493, S 1; Ord. #96-882, S 6; Ord. #07-1250, S 1]
The imposition of penalties, dedicated penalties and compensatory
penalties for violations of this chapter and the New Jersey Uniform
Fire Code shall be respectively governed by N.J.A.C. 5:70-2.12, 5:70-2.12A
and 5:70-2.13, as amended from time to time, or any successor regulation,
and, in accordance therewith, dedicated accounts shall be established
for maintenance of any monies collected.
[Ord. #86-516, S 1; Ord. #99-991, S 2; Ord. #07-1250, S
1; Ord. #11-1389, S 1; amended 9-20-2018 by Ord. No. 18-1591; 10-19-2023 by Ord. No. 23-1706]
The following fees are hereby established for the types of permits
described in the New Jersey Uniform Fire Code at N.J.A.C. 5:70:
|
Type
|
Fee
|
|---|---|
|
Type 1
|
$85
|
|
Type 2
|
$275
|
|
Type 3
|
$500
|
|
Type 4
|
$800
|
|
Type 5
|
Reserved
|
[Ord. #92-755, S 4; Ord. #07-1250, S 1]
The fees for obtaining records of the Bureau of Fire Prevention shall be governed by subsection 2-12.2, Government Records, of this Code.
[Ord. #96-882, S 8]
See subsection 8-1.6 of this Code.
[Ord. #77-328; Ord. #80-397; New]
There is hereby reestablished in the Township of Montgomery
the following fire districts:
The Commissioners of Fire District No. 1, in the Township of
Montgomery, County of Somerset.
The Commissioner of Fire District No. 2, in the Township of
Montgomery, County of Somerset.
[New]
The fire districts hereby established are shown on a map entitled
"Road System" Township of Montgomery, January, 1976, now on file in
the Office of the Township Clerk of the Township of Montgomery.
[Ord. #87-568, S 1; Ord. #90-686, S 1; amended 9-20-2018 by Ord. No. 18-1591]
The owner of any nonresidential building constructed or for
which a continuing certificate of occupancy is sought subsequent to
the enactment of this section in the Township of Montgomery shall
install a rapid entry system for use in the event of a fire. The Fire
Official shall approve the type and location of the rapid entry system,
giving due regard to the accessibility and other reasonable requirements
which will facilitate the proper function of the rapid entry system.
In the case of a multi-tenanted or multi-use, nonresidential building
where the tenants or uses share a main common entrance, at least one
rapid entry system for every five tenants or uses, as the case may
be, shall be installed at the main common entrance. In the case of
multi-tenanted or multi-use nonresidential buildings comprised of
units with separate entrances (e.g., shopping centers and office condominiums),
at least one rapid entry system for every five tenants or uses, as
the case may be, shall be installed; provided, however, that in no
event shall the distance between the entrance from a unit to the rapid
entry system exceed 75 feet. The owner of the building shall be responsible
for the maintenance and inspection of the rapid entry system.
[Ord. #87-568, S 1]
Each owner, occupant or tenant of the commercial building shall
determine whether or not it wishes to make use of the rapid entry
system. In the event that the owner, occupant or tenant opts to make
use of the rapid entry system, he shall enter into a written agreement
with the Township and the appropriate Fire District providing the
terms and conditions of the use of but shall not be limited to the
keys and other contents of the box, the owner's, occupant's or tenant's
contact person, persons who will have access to the rapid entry system
and under what conditions the rapid entry system shall be used.
[Ord. #87-568, S 1]
The installation of the rapid entry system shall not preclude
any fire department, fire company or fire fighter from using traditional
fire fighting methods to gain access to the building. The failure
of any fire department, fire company or fire fighter to use the rapid
entry system shall not give rise to liability.
[Ord. #87-568, S 1]
It shall be the responsibility of the owner and occupant or
tenant to advise the Fire Official of any change in the ownership
or occupancy of the building or any substitution of the contact person
within 10 days of such change.
[Ord. #92-755, S 4]
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 with, conspire
to interfere with, obstruct or hamper any fire department operation.
[Ord. #92-755, S 4]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Chief or officer in command
or to interfere with the compliance attempts of another individual.
[Ord. #92-755, S 4]
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 Chief or officer in command of said operation.
[Ord. #92-755, S 4]
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.
[Ord. #92-755, S 4]
Hydrants in all zoning districts shall be spaced with a hydrant
installed at each intersection at least one every 600 feet along the
roadway measured along the roadway edge.
[Ord. #92-755, S 4]
Hydrants installed on private property shall be located and spaced according to the occupancy and site design requirements set forth in subsection 13-5.1 above.
[Ord. #92-755, S 4]
All public and private hydrants shall have two 2.5 inch outlets
and one 4.5 inch outlet with national standard threads. All hydrants
shall be located within 24 inches of a curb, roadway, fire lane or
parking area and must be provided with an individual control valve.
All hydrants must be supplied by a water main of a minimum of six
inches in diameter which shall be maintained up to the individual
hydrant valve and in no case shall be more than 10 feet from the hydrant.
All hydrants shall be installed in accordance with the standards of
the American Water Works Association and NFPA-24. Hydrant elevation
shall provide a minimum of 18 inches and a maximum of 36 inches clearance
between finished grade and center of the 4.5 inch outlet.
[Ord. #92-755, S 4]
The Fire Official, in conjunction with the Township Engineer,
shall approve the placement and water supply piping of all fire hydrants
prior to installation. The Fire Official shall recommend to the Township
Committee 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 adequate fire
flow and distribution pattern. A fire hydrant shall not be placed
into or removed from service until approved by the Fire Official.
[Ord. #92-755, S 4]
All new and existing fire department siamese connections shall
be provided with a light with red lens. This light shall be illuminated
at all times to provide for quick location of the connection by responding
fire departments.
[1]
Editor's Note: Former subsection 13-6.2, Blocking Fire Department Connections, previously codified herein and containing portions of Ordinance No. 92-755, was repealed in its entirety by Ordinance No. 96-881. See subsection 3-11.9 for regulations pertaining to blocking Fire Department connections.
[Ord. #92-755, S 4]
Shall mean any fire alarm causing to direct notification
to a fire department through an alarm panel, switchboard or alarm
lines, due to misuse, accident, improper supervision, or equipment
malfunction and not due to an unpreventable unavoidable outside cause.
Shall mean a system used for the detection of fire, smoke
or similar hazards containing automatic detecting device(s) which
actuate an alarm signal, requiring response by fire suppression forces.
It includes protective signaling systems or devices designed to transmit
alarms and supervisory and trouble signals necessary for the protection
of life and property.
[Ord. #92-755, S 4]
No person or business shall install, maintain or use, or cause
to be installed, maintained or used, or allow on any premises owned
or occupied by him installation, maintenance or use of, any fire alarm
system, except pursuant to a fire alarm system permit issued by the
Fire Official and such regulations as may be issued pursuant hereto.
[Ord. #92-755, S 4]
Application forms issued by the Fire Official shall include
the following information:
a.
The name, address and telephone number of the permittee applicant.
b.
The owner's name, address and telephone number, and the address of
the location of the fire alarm system.
c.
A description and type of the fire alarm system.
d.
Telephone number of two individuals who have agreed to be responsible
in case of an emergency or otherwise relating to the premises or the
alarm system.
e.
The name, address, business and emergency telephone number of the
individual or company responsible for and authorized at the permittee's
expense to service the system upon request of the Fire Official.
f.
An acknowledgment that the applicant consents to Fire Official inspection
of the system and the premises where the system is installed in addition
to that permitted or required by State law or regulation.
g.
An agreement to test the fire alarm system in the Fire Official's
or his designee's presence either annually or as required following
transmission of a false alarm.
|
Except where a permit is or has been suspended, permits issued
hereunder shall be issued automatically so long as the applicant and
the system are in compliance with this section and such regulations
as may be issued pursuant hereto, provided, however, that the Fire
Official may impose reasonable conditions upon any permit where, in
his judgment, each condition is reasonably required for the proper
function of the fire alarm system or the safety and convenience of
the fire department or police, other possibly responding emergency
units, or the public. No further permit shall be required unless the
information previously submitted or a permit expires. The owner of
the premises shall file a revised, amended or supplemental application,
at no additional charge, containing accurate, current information,
within 10 days of the change in the original information submitted
to the Township.
|
|
A permit shall be issued upon submission of the permit application
if the equipment is in conformance with the above provisions and upon
payment of the fire alarm system permit fee.
|
[Ord. #92-755, S 4]
The fee for a fire alarm system permit shall be $5, payable
annually.
[Ord. #92-755, S 4]
All fire alarm systems shall be maintained in good working order
by the permittee, and in particular, in a manner so as to avoid the
occurrence of false alarms. The occurrence of three false alarms within
the term of any permit shall constitute prima face evidence that the
system was not maintained in good working order.
[Ord. #92-755, S 4]
In the case of a false alarm, the local Fire Official shall
investigate or cause to be investigated and keep a record of said
alarm on file. If, in the opinion of the Fire Official, an investigation
discloses that the false alarm was due to misuse, accident, improper
supervision, or equipment malfunction and was not due to an unpreventable,
unavoidable outside cause, the Fire Official shall provide notice
and order corrective action.
The Fire Official shall serve on the owner of the building a
written order stating the nature of the violations and the date by
which the violations must be corrected according to the provisions
of the Uniform Fire Code.
[Ord. #92-755, S 4]
Any person who, after receiving notice of the malfunction of the fire alarm system, and a written order pursuant to subsection 13-7.7, and is provided an opportunity to correct the malfunction, refuses or neglects to comply with such order, shall be subject to a penalty as set forth below in addition to any other penalties issued under State law or regulation for improper installation or maintenance of a fire alarm system:
a.
For the second false alarm — a first warning will be issued.
b.
For the third false alarm — revocation of the permit and a
permit restoration fee of $150.
c.
For the fourth false alarm — revocation of the permit and a
permit restoration fee of $300.
d.
For subsequent alarms — revocation of the permit and a permit
restoration fee of $500.
[Ord. #92-755, S 4]
An activated fire alarm system shall not be cleared or reset
until it has been clearly determined that the activation is not due
to smoke or other fire conditions on the premises where the system
is located and, in the case where a fire department has been dispatched,
an activated fire alarm system shall not be cleared or reset without
approval from a responding fire department officer or fire inspector
from the Bureau of Fire Prevention.
[Ord. #92-755, S 4]
The Chief of Police or the Fire Official may revoke any fire alarm system permit issued pursuant to this section if the Fire Official determines the fire alarm system has been operated or maintained in violation of these provisions, or for failure to pay the required fee. The owner of the fire alarm system must receive written notice of the violation and an opportunity to be heard. The fee for reinstatement of any fire alarm system permit revoked under this section shall be $150; however, the reinstatement fee for any fire alarm system permit revoked because of numerous false alarms shall be as set forth in subsection 13-7.7 hereinabove.
[Ord. #92-755, S 4]
The minimum penalty to be imposed for the conviction of a violation of this section shall be a fine in the amount of $100. This provision is not intended to limit the discretion of the Municipal Judge to impose a penalty in excess of the minimum and the provisions regarding maximum penalties contained in Chapter 1, section 1-5 shall be applicable to persons convicted of a violation of this section.
[Ord. #92-755, S 4]
Any person aggrieved by a regulation, condition attached to
a permit, suspension of a permit, failure to issue a permit or penalties
imposed for violation of this subsection may appeal to the Bureau
of Fire Prevention. An appeal shall be taken by filing a written statement
with the Bureau of Fire Prevention, which statement shall set forth
fully the matter under appeal and the grounds for appeal. The Bureau
of Fire Prevention shall then set a time and place for a hearing of
the appeal, notify the appellant, conduct the hearing and affirm,
modify or reverse the matter appealed. The Bureau of Fire Prevention
shall have the right, however, to refuse to hear or decide any appeal
which has not been filed within 14 days after the appellant had notice
of the matter as to which the appeal has been taken.
[Ord. #92-755, S 4]
a.
Notwithstanding the issuance of any permit, the Township assumes
no obligation to allow a particular fire alarm system or type of fire
alarm system beyond December 31 of any year, if the Bureau of Fire
Prevention shall find that it is not in the public interest so to
do.
b.
Neither the Township nor its agents or employees assume any obligation
whatsoever concerning the adequacy, operation or maintenance of any
fire alarm system. Neither the Township nor its agents or employees
assume any liability whatsoever for any failure of any fire alarm
system, failure to respond to any such alarm system, or for any act
or omission or commission relating to any such alarm system.
c.
The permittee, upon acceptance of his permit, by that action agrees
to hold and save harmless the Township its agents and employees from
any liability whatsoever in connection with an alarm system or the
operation of same.
