[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. A registration 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.
[Amended 3-14-2023 by Ord. No. 2023-02]
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. A registration fee as established by the laws
of the State of New Jersey shall be paid annually.
[Amended 3-14-2023 by Ord. No. 2023-02]
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.
f.
Any business paying a Life Hazard Registration Fee to the State of
New Jersey will be exempt.
[Amended 3-14-2023 by Ord. No. 2023-02]
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.
FIRE ALARM SYSTEM
KEYS
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:
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.
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]
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.
