Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[1966 Code § 2-7.8; Ord. No. 2001-36]
The Uniform Fire Safety Act, (N.J.S.A. 52:27D-119 et seq., as may be amended and supplemented), was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey. The Uniform Fire Safety Act and the New Jersey Uniform Fire Safety Code, (N.J.A.C. 5:70 et seq., as may be amended, supplemented and/or readopted) authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose. It is determined that it is in the best interest of the Borough of Belmar to have the Uniform Fire Safety Act enforced locally. Therefore, the following provisions are to be adopted as recommended by the Volunteer Fire Department of the Borough.
[1966 Code § 2-7.8; Ord. No. 2001-36]
Pursuant to the Uniform Fire Safety Act, the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Belmar.
[1966 Code § 2-7.8]
The local enforcing agency shall be the Bureau of Fire Prevention, which is hereby created upon the adoption of this section.
[1966 Code § 2-7.8; Ord. No. 2004-03]
a. 
The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act and the Codes and regulations adopted under it in all buildings, structures and premises within the Borough, 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.
b. 
The powers conferred upon the Bureau of Fire Prevention and its officials shall not include the power to act on behalf of, or grant permits, certificates or other similar approvals, for other State, County or local authorities, boards and/or commissions, such as the local Alcoholic Beverage Control Board, Planning Board, Zoning Board or similar agencies. Any permits, certificates or other similar approvals granted by the Bureau of Fire Prevention or its officials shall not be deemed an approval by any other authority, board and/or commission.
The Bureau of Fire Prevention shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[1966 Code § 2-7.8; New]
The Bureau of Fire Prevention shall be a part of the Department of Code Enforcement and shall be under the direct supervision and control of the Fire Official.
[1966 Code § 2-7.8; New]
The Chief Administrator of the Bureau of Fire Prevention shall be the Fire Official, who shall be appointed by a majority vote of the Borough Council after having first been nominated by the Mayor. The Fire Official shall be a member of the Civil Service unless otherwise classified by the New Jersey Department of Civil Services.
[1966 Code § 2-7.8; New]
Any vacancy in the office shall be filled for the unexpired term pursuant to Regulations and Procedures of the New Jersey Department of Personnel.
[1966 Code § 2-7.8; Ord. No. 2001-36]
Such inspectors and other employees as may be necessary for the Bureau of Fire Prevention to carry out its responsibilities shall be appointed by the Borough Council pursuant to New Jersey Statutes and New Jersey Administrative Code. All inspectors and employees shall be required to renew all certifications as may be required by law.
[1966 Code § 2-7.8; Ord. No. 2001-36]
Pursuant to the Uniform Fire Safety Act, any persons aggrieved by any order of the Bureau of Fire Prevention shall have the right of appeal to the Monmouth County Construction Board of Appeals having jurisdiction pursuant to N.J.S.A. 52:27D-127.
[1966 Code § 2-7.8; Ord. No. 1991-1 § 6; Ord. No. 1992-16 § 1; Ord. No. 2003-08; Ord. No. 2017-16]
In addition to the registrations required by the Uniform Fire Code, the following non-life hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and pay an annual registration fee in accordance with the schedule set forth in Subsection i below.
a. 
The common areas of any commercial, industrial, or residential structure including apartments and condominiums shall be inspected at least once a year. An inspection fee shall be paid annually as established in the Schedule of Fees and Costs adopted by resolution annually by the Mayor and Council to be kept on file in the Office of the Borough Clerk. Each unit or separate use within each such structure shall be inspected upon application for a Mercantile License, Certificate of Occupancy, or Certificate of Inspection. An inspection schedule for each unit or use shall be adopted annually by ordinance or resolution and be on file in the Office of the Borough Clerk.
b. 
Hotels, motels, lodging, boarding, and/or rooming houses not inspected as part of or in connection with a life hazard use, shall be inspected at least once a year. An inspection fee as established by the laws of the State of New Jersey shall be paid annually.
c. 
Rented housing or living units and all other places and buildings used for sleeping and lodging purposes, all other uses not subject to inspection as a life hazard use, or a use or structure for which a permit is required shall be inspected upon application for a Mercantile License, Certificate of Occupancy, or a Certificate of Inspection.
d. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as mercantile use.
e. 
In the discretion of the fire official, vacant buildings will be charged and inspected according to the previous use of the building.
f. 
Any business paying Life Hazard Registration Fee to the State of New Jersey will be exempt with proper proof of payment.
g. 
If any new application for a Mercantile License, Certificate of Occupancy, or Certificate of Inspection is received within the same calendar year of the last inspection, the fee shall be $35. If a third inspection is required to approve or enforce any order for repair or correction of any fire hazard then a re-inspection fee of $45 shall be paid.
h. 
No Certificate of Fire Inspection may be issued unless and until all required fees are paid.
i. 
The annual registration fees for non-life hazard uses shall be as follows:
Non-Life Hazard Use
Annual Registration Fee
Mercantile
$75
Professional Business
$75
Rented Housing/Lodging
$75
Common Areas
$55
Hotel/Motel
$10 per room
[1966 Code § 2-7.8; New]
The permit fees established by the Uniform Fire Code shall be as established by the laws of the State of New Jersey.
[Ord. No. 2006-01 § I]
a. 
Purpose and Intent. The purpose and intent of these regulations are to require the provision of key boxes for the mutual benefit of property owners and fire personnel responding to fire related alarms, to prevent damage through forceful entry to structures, and to provide swift entry into structures by the Fire Department in the event of a fire alarm. The Borough of Belmar also wishes to encourage voluntary compliance by those not required to comply with these regulations, persons doing so will be required to comply with the regulations set forth herein.
b. 
Definitions. Terms not defined shall have their usual and customary meanings, unless a different meaning clearly appears from the context. The following terms whenever used or referred to in this subsection shall have the following respective meanings, unless a different meaning clearly appears from the context:
FIRE ALARM SYSTEM
Shall be defined as to include, but is not limited to; any and all device or devices which provide fire; and/or smoke; and/or heat detection; and/or carbon monoxide detection and in response to detecting the same activates an alarm and/or sprinkler, and/or extinguishing system.
KEYS
Shall be defined as key, and/or combination codes, and/or any other such entry devices or equipment which may be necessary for access.
c. 
All properties within the Borough of Belmar having a fire alarm system shall be equipped with a Key Box. This requirement shall not apply to owner-occupied one and two family properties.
d. 
The Key Box shall be of an Underwriters' Listed ("UL") type and shall be approved by the Borough of Belmar Fire Marshal. The Key Box shall be installed in a location approved by the Borough of Belmar Fire Marshal.
e. 
Key Box Contents. Key Boxes may be required to contain any or all of the following, as shall be determined by the Fire Marshal:
1. 
Keys to all locked points of ingress and/or egress, whether interior or exterior of such structures;
2. 
Keys to all locked mechanical rooms;
3. 
Keys to all elevator controls;
4. 
Keys to all locked elevator rooms;
5. 
Keys to all fence or secured areas;
6. 
Keys to all other areas which may be needed to conduct a thorough and complete fire alarm system activation investigation;
7. 
A floor plan of all rooms within the structure;
8. 
All access or combination codes to locked points of egress or ingress, whether interior or exterior of such structures.
f. 
Time for Compliance. All existing structures shall comply with this subsection within 12 months of its effective date All newly constructed structures for which a certificate of occupancy has not been issued, or structures currently under construction, shall comply immediately.[1]
[1]
Editor's Note: Ordinance No. 2006-01, codified herein, was adopted February 22, 2006.
g. 
Associated Costs. All associated costs for the purchase and installation of a Key Box(s) shall be assumed by the property owner.
h. 
It shall be a violation of this subsection for any person, except for the property owner or his authorized representative and/or fire personnel, to access or alter a Key Box or its contents.
i. 
Violations — Penalties. Every person violating the provisions of this subsection shall upon conviction thereof, be subject to a fine of $250 plus costs. The property owner shall have 10 calendar days, from the date of issuance of a violation, to remedy the violation, if the violation is remedied in this time frame the property owner shall only be subject to a fine of $250 plus costs. If the violation is not remedied in this time frame the property owner shall be subject to a fine of $250 plus costs, plus an additional fine of $50 per day, calculated from the date of the violation, and continuing until the violation is remedied.
[Ord. No. 2014-03]
a. 
Smoke detectors capable of sensing visible and invisible particles of combustion shall be required on each floor and the basement area in all principal structures on a lot. The smoke detectors shall be approved, listed and labeled by Underwriter's Laboratories Inc. and shall be installed in a manner and location consistent with the requirements of the New Jersey Uniform Construction Code and approved by the Municipal Fire Subcode Official. The smoke detector shall provide an alarm suitable to warn the occupant of the structure when actuated by the presence of smoke therein. Smoke detectors shall be installed as required by the provisions of N.J.S.A. 52:27D-198.1.
b. 
Carbon monoxide detectors shall be required in all principal structures which contain fuel-burning appliances or have an attached garage. Standard NFPA-720 requires only one detector per sleeping area. Carbon monoxide detectors shall be approved, listed and labeled by Underwriter's Laboratories Inc., and shall be installed in a manner and location consistent with the New Jersey Uniform Fire Code. The carbon monoxide detector shall provide an alarm suitable to warn the occupant of the structure when actuated by the presence of carbon monoxide therein.
[Ord. No. 2017-13]
a. 
Fire Alarms. The Fire Official or designated Fire Inspector shall investigate, or cause to be investigated, the activation of any fire alarm, fire detector or fire protection system occurring within the Borough to determine the cause for such activation and determine if the device and/or equipment have been properly restored to full service.
b. 
Failure to Report. It shall be a violation for any person or persons, having knowledge of same, to fail to report to the Fire Department and/or the Fire Official the activation of any fire protection system or device or to fail to report the occurrence of any fire or attempted arson or to fail to report the spill or leakage of any flammable or combustible liquid or gas or of any hazardous material immediately upon gaining such knowledge.
c. 
Define Fire Alarms; False Alarms; Nuisance Alarm.
1. 
Fire alarm shall be defined as the giving, signaling or transmission to any public fire station, or company or to an officer or employee thereof, whether by telephone, spoken word or otherwise, of information to the effect that there is a fire at or near the place indicated by the person giving, signaling, or transmitting such information.
2. 
False alarm shall be defined as the willful and knowing initiation or transmission of a signal, message or other notification of an event of fire when no such danger exists.
3. 
Nuisance alarm shall be defined as an alarm caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or an alarm activated by a cause that cannot be determined.
4. 
Penalty. Any person who maintains or permits to be maintained, any mechanical or electronic fire alarm device which transmits more than three false or nuisance fire alarms (excluding line-trouble signals) within any consecutive twelve-month period, after written notification by the Fire Prevention Bureau, shall be punished by a fine of $250 for the fourth offense. For subsequent false or nuisance fire alarms after the fourth offense in the same calendar year, the fines will progressively increase for each additional offense. In no event, however, shall the fine exceed $500 for any one occurrence. All penalties shall be in addition to any court costs that may be required.
[Ord. No. 2017-13]
a. 
Whenever the Fire Official or designated Fire Inspector shall determine that on-site fire inspector(s) or firefighting personnel shall be required for fire watch as a result of fire protection system failure or deficiencies, or fire safety at any occupancy or event to insure the safety of the public or emergency responders, the owner or occupant responsible shall obtain a permit for the use or event.
b. 
The Fire Official or designated Fire Inspector shall determine the number of inspectors and/or firefighting personnel required.
c. 
The Fire Official or designated Fire Inspector shall determine the hours that the fire inspector(s) and/or firefighting personnel will be on duty.
d. 
The permit fee shall cover the expenses incurred by the Bureau of Fire Prevention and the Borough.
e. 
The fee for the permit shall include:
1. 
Compensation for fire personnel at $35 per hour Monday through Friday 7:00 a.m. to 3:00 p.m., $50 per hour for holidays, Saturdays, Sundays, and from 3:00 p.m. to 7:00 a.m. weekdays.
2. 
Reimbursement rates for other related services, equipment, or expenses shall be provided to the owner by the Fire Official or designated Fire Inspector prior to the scheduled use or event.
3. 
The Fire Official or designee(s) shall have the right of access to the premises and area surrounding it without interference from the property owner.
4. 
Failure to secure a permit shall be punishable by a penalty equal to amount of the permit plus $100 for the first offense, amount of the permit plus $250 for the second offense, amount of the permit plus $500 for the third and each subsequent offense.
5. 
A permit shall be required for each separate event or date of the activity requiring such a permit.
6. 
Any occupancy or event requiring fire apparatus and firefighting personnel on site to insure the safety of the public and/or other occupants, and/or to insure the safety of any building and/or exposures shall reimburse the appropriate fire district. Fees shall be $150 per required fire apparatus unit per occurrence and $25 per hour per firefighter manning apparatus.
[Ord. No. 2017-13]
It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict the access to any fire hydrant or any 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. Minimum clearance to any fire hydrant or connection shall be 10 feet in all directions.
[Ord. No. 2017-13]
a. 
Requirement, Designation. Fire lanes shall be designated as follows for the efficient and effective use of the fire apparatus, access for firefighting, and/or the egress of occupants.
b. 
Where Needed. The Fire Official may establish fire areas on property devoted to public and private use, in accordance with N.J.A.C. 5:70-3.2(a)3, F-311.1, including, but not by way of limitation, shopping centers, strip malls, bowling alleys, drive-in theaters, house of worship, swimming pools, offices, warehouses, factories, restaurants, nightclubs, etc., and similar uses.
c. 
Existing Fire Lanes. Any and all fire lanes created by prior ordinance are hereby continued in effect and when repairs or modifications are made to such fire lanes, they shall be brought into conformity with this code, as much as shall be practical in the appropriate Fire Official's judgment. The standard for exercise of said judgment shall conform to those contained in Subsections 28-1.13.6a and b above.
d. 
Markings. The owner shall, within 30 days of being given a notice to do so by the Fire Official, mark the lane(s) as follows:
1. 
Signs, with minimum dimensions of 12 inches by 18 inches, constructed of metal and with raised red letters a minimum of two inches in size on a white background shall be posted at level of at least seven feet above grade, indicating "FIRE LANE NO PARKING." Spacing of signs shall be even with a minimum of one sign for every 100 feet of fire lane or part thereof, or as ordered by the Fire Official. All signs and markings must be unobstructed and visible for a distance of at least 100 feet when viewed from a position approximately five feet above the ground while in the fire lane.
2. 
The area of the fire lane on improved areas shall be delineated along its entire length with yellow lines 18 inches in width. Between the yellow lines shall be marked "NO PARKING FIRE LANE" in yellow letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the Fire Official, with the recommended spacing to be at 100-foot intervals and spaced so as to be between and alternate with the metal signs required above. If the designated fire lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.
e. 
Definitions: For the purpose of fire lane enforcement, the following terms are defined:
1. 
FIRE AREA – Shall mean the same as fire lane.
2. 
FIRE LANE – Shall mean an area necessary to provide safety for the public or to provide proper access for the Fire Department operations in the event of an emergency.
3. 
NO PARKING – Shall mean that a vehicle may not be parked within the designated area unless loading or unloading passengers or materials with a time limit of three minutes.
f. 
Size. Fire lanes for vehicles access shall be a minimum of 18 feet in width or as approved by the Fire Official. Fire lanes for egress of occupants shall be a minimum of at least the width of the exit way served.
g. 
Notification. Once a fire lane has been designated by the Fire Official, approved as provided above and properly marked by the owner of the premises, the Fire Official shall notify the Police Department, Construction Department, and Municipal Court Administrator in writing of the existence and location of the designated fire lane(s).
h. 
Restricted Areas. Gates, chains or other approved methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Official prior to installation, provided such restrictions will not impede access by firefighting apparatus. The Fire Official shall determine whether any changes or deviations from the appropriate methods may be utilized.
i. 
Installation, Maintenance. Fire lanes shall be installed and maintained by the owner of the premises or a designee in conformity with the provisions of this subsection. Fire lanes in existence prior to the enactment of this subsection shall be required to conform to the provisions herein at the discretion of the Fire Official. Fire lanes must be accessible for fire apparatus use at all time.[1]
[1]
Editor's Note: Subsection 28-1.13.6 was adopted June 7, 2017 by Ordinance No. 2017-13.
j. 
Parking, Standing and Obstruction Prohibited. Designated fire lanes shall be maintained free of snow and obstructions, including vehicles, at all times.
k. 
Notice of Violation. The Fire Official or designated Fire Inspector(s) may complete a Municipal Summons, or a Notice of Violations, which shall be issued to offenders by personally serving same upon any offender, or if the offender is not attendant to the vehicle(s), shall leave the notice under the windshield wiper or otherwise attached to the vehicle(s) in a manner reasonably calculated to ensure receipt of same by the offender.
l. 
This subsection shall supersede any and all provisions of any other ordinance promulgated for the enforcement of parking in fire lanes. Enforcement shall only be done by personnel from the Borough of Belmar. Personnel enforcing these provisions shall be either uniformed or carry appropriate identification.
[Added 11-4-2020 by Ord. No. 2020-39]
Open-air burning is prohibited within the Borough of Belmar unless in conformance with the standards established herein. Except as provided herein, it shall be unlawful for any person to permit kindling, igniting or maintaining any bonfire, brush fire or to burn off grass, leaves, debris, branches, wood, refuse, garbage, waste, or rubbish on any lot or field or to authorize any such fire to be kindled or maintained on any street, alley lot, lands or public grounds or upon any private lots or fields unless a written permit to do so shall be first obtained from the Construction Code Official and Fire Official.
a. 
Open Burning Regulations.
1. 
Outdoor fires utilized for cooking are permitted without a permit either when contained in a manufactured metal grill or other similar device intended for such use or a campfire.
2. 
Outdoor fires utilized for any other recreational purpose are permitted when either contained in a manufactured device designed for such purpose and utilized strictly in accordance with the manufacturer's requirements or, alternatively, in a proper noncombustible stone, cement, brick, tile or metal assembled fire pit materials and shall not be more than three feet in diameter.
3. 
For all existing premade or assembled firepits within the Borough, should the Fire Chief, Fire Marshal, Construction Code Official or his authorized designee determine that a firepit is unsafe, he may order that said firepit not be used until he or his designee deems said firepit safe.
4. 
No open-air burn may occur on a residential property within 15 feet of any main or accessory structure on the property, including, but not limited to, any dwelling, garage or shed.
5. 
A fully functioning fire extinguisher must be available for fire-extinguishment purposes whenever any fire is ongoing.
6. 
Permitted Fuel. Only firewood and untreated lumber are permitted to be burned. Burning of any and all other materials, including but not limited to garbage, rubber, plastics, and yard waste, at any location within the Borough is prohibited. No green wood, leaves or other materials which cause excessive smoke may be burned indoors or outdoors at any time. Any smoke or odor from any indoor or outdoor fire must be kept to a minimum.
7. 
Flames may not exceed two feet in height at any time, and should the prevailing winds cause the sustained smoke from said fire to blow into a neighboring dwelling or property, said fire must be extinguished immediately. The Fire Chief, Fire Marshal, Construction Code Official or his designee are authorized to require that any residential outdoor fire be immediately extinguished if he determines that said fire constitutes a hazardous condition. In addition, the Belmar Fire Department and/or the Belmar Police Department are authorized to require that any residential outdoor firepit be immediately extinguished if sustained smoke emissions are found to be offensive to occupants of surrounding properties. Failure to comply with Fire or Police Department orders shall constitute a violation of this chapter in addition to any and all criminal and regulatory violations which may be cited against the property owner and those individuals responsible for maintenance of the hazardous or offensive condition.
8. 
Indoor and outdoor fires must be attended at all times by a competent adult owner or legal resident of the property from the time said fire is commenced through the time said fire is completely extinguished.
9. 
Permitted Locations. Open burning shall be permitted only on residential properties and/or properties used for agricultural purposes, except in the event that a school, church, or other nonprofit organization conducts a bonfire which has obtained the necessary permit from the Fire Marshal to conduct said activity.
10. 
Setbacks. Permitted open-air burning devices shall be set back not less than 10 feet from the nearest lot line.
b. 
Violations and Penalties. Each and every person failing to comply with any of the provisions in this chapter shall, upon conviction thereof, be punished by a fine of up to $2,500 per offense, a term of imprisonment of up to 90 days and/or be required to perform community service for up to 90 days. Each day a violation exists shall constitute a new and separate offense subject to prosecution. If the device is found to be the fault of a fire that causes property damage, the property owner may be subject to reimbursement for Fire Department suppression costs.
[1]
Editor's Note: Former § 28-1.13.7, Open Burning, Ord. No. 2017-13, was repealed 5-7-2019 by Ord. No. 2019-09.
[1966 Code § 2-7.8; New]
No specific Borough ordinances are repealed by reason of the adoption of this section except to the extent that they establish minimum standards less restrictive than the standards adopted pursuant to Uniform Fire Safety Act, the Uniform Fire Safety Code, the State Uniform Construction Code, this section, and any amendments thereto.
[Ord. No. 2017-13; Ord. No. 2017-16]
a. 
Any owner, agency, or person or corporation who shall violate any provision of this Chapter or fail to comply therewith or with any of the requirements thereof, shall be subject to a penalty to be determined by the Fire Official. The effective date of the enforcement provisions set forth in this section shall be 12 months for existing structures and 20 days from the passage of this amendment for new structures.
b. 
The Fire Official of the appropriate Local Enforcing Agency shall be responsible to enforce this Chapter as an amendment to N.J.A.C. 5:70 et seq., and penalties may be assessed as provided in the New Jersey Uniform Fire Prevention Code.
c. 
The maximum penalty for violation of any provision of this Chapter shall be $2,500 or imprisonment for a period not exceeding 90 days, or both, in the discretion of the Municipal Court Judge. Any fines collected shall be forwarded to the Belmar Fire Prevention Bureau.
d. 
Each and every day in which a violation of any provision of this Chapter exists shall constitute a separate violation.
e. 
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all may be appropriate for a particular case or violation, and shall be mandated where a specific penalty is set forth in each subsection herein above.