[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 10-17-2016 by Ord. No. 2508.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Fire Prevention, adopted 7-20-2015 by Ord. No. 2474 (which replaced
former Art. I, General Standards, adopted 5-7-62 as Ord. No. 580,
as amended, and former Art. II, Enforcement of Uniform Fire Code,
adopted 9-3-85 as Ord. No. 993, as amended) and repealed former Art.
III, Smoke Detectors, adopted 10-5-87 as Ord. No. 1029, as amended.
Pursuant to Section 11 of the Uniform Safety Act, P.L. 1983,
c. 383 of the Laws of the State of New Jersey, the New Jersey Uniform
Fire Code shall be enforced locally in the Borough of Somerville,
pursuant to N.J.S.A. 52:27D-192 et seq. and N.J.A.C. 5:70-1 et seq.
The local enforcing agency shall be the Bureau of Fire Prevention
in the Somerville Fire Department and shall be comprised of the Fire
Marshal, Fire Inspectors and such clerical staff as needed to carry
out the responsibilities of the agency.
The Bureau shall enforce the Uniform Fire Safety Act, Codes
and regulations adopted for all buildings, structures and premises
within the established boundaries of the Borough of Somerville and
shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
The Bureau shall carry out the periodic inspections of life-hazard
uses required by the Uniform Fire Code on behalf of the New Jersey
Commissioner of the Department of Community Affairs.
The Bureau shall be under the direct supervision and control
of the Fire Marshal of the Borough of Somerville. Fire Inspectors
shall report to the Fire Marshal. The Fire Marshal shall report to
the Borough Administrator.
In addition to the duties set forth in Uniform Fire Safety Act,
P.L. 1983, c. 383 of the Laws of the State of New Jersey and Uniform
Fire Code, the Fire Marshal shall:
A.
Recommend to the Borough Administrator and Board of Engineers such
amendments to the Code as deemed necessary to provide fire safety.
In addition to the inspections or fees required pursuant to
the Uniform Fire Safety Act and the regulations of the New Jersey
Department of Community Affairs, the following additional inspections
and fees shall be required.
A.
Inspections. Except for one- and two-family owner-occupied dwellings
used exclusively for dwelling purposes, the Bureau shall inspect annually
all buildings, businesses, structures or premises to ascertain and
cause to be corrected any conditions liable to cause fire, contribute
to the spread of fire, interfere with firefighter operations, endanger
life or any conditions constituting violations of the provisions of
intent of this chapter or other fire or life safety requirements.
Upon completion of such inspection, and the abatement of violations,
the Bureau shall issue to the owner or occupant of the building, structure
or premises, a fire safety certificate of compliance.
[Amended 3-5-2018 by Ord.
No. 2543]
B.
Registration and fees. The owner(s) of all buildings, businesses, structures or premises required to be inspected under Subsection A shall register with the Bureau of Fire Prevention annually. Such registration shall be made on forms provided by the Bureau. It shall be a violation of this code for an owner of said building, business, structure or premises to fail to return such forms within 30 days of issuance. Every property owner that is required to file a registration statement shall file an amended registration within seven days after the occurrence of any change which would render any information contained in a registration statement inaccurate. With the exception of life hazard uses registered pursuant to N.J.A.C. 5:70, registrations shall be accompanied by fees in accordance with the following:
[Amended 3-5-2018 by Ord.
No. 2543]
(1)
Class I. Non-life hazard registration for businesses, buildings,
structures or premises 200 square feet or less shall be $25.
(2)
Class II. Non-life hazard registration for businesses, buildings,
structures or premises greater than 200 square feet but equal to or
less than 400 square feet shall be $50.
(3)
Class III. Non-life hazard registration for businesses, buildings,
structures or premises greater than 400 square feet but equal to or
less than 1,000 square feet shall be $75.
(4)
Class IV. Non-life hazard registration for businesses, buildings,
structures or premises greater than 1,000 square feet but equal to
or less than 2,500 square feet shall be $100.
(5)
Class V. Non-life hazard registration for businesses, buildings,
structures or premises greater than 2,500 square feet but equal to
or less than 5,000 square feet shall be $150.
(6)
Class VI. Non-life hazard registration for businesses, buildings,
structures or premises greater than 5,000 square feet but equal to
or less than 12,000 square feet shall be $200.
(7)
Class VII. Non-life hazard registration for businesses, buildings,
structures or premises greater than 12,000 square feet shall be $275.
(8)
Class VIII. Eating and drinking establishments with less than 50
occupants in which no alcoholic beverages are consumed shall be $100.
(9)
Class IX. Multiple dwellings and commercial and industrial buildings,
businesses, structures or premises with common areas accessible to
the tenants or the public shall be:
[Amended 3-7-2022 by Ord. No. 2662]
C.
Waivers. The following users shall be exempt from the local permit
and registration fees:
[Amended 11-7-2022 by Ord. No. 2690]
(1)
The Somerville Fire Department.
(2)
The Somerville Rescue Squad.
(3)
Places of worship. This shall apply to uses where the actual religious
service takes place, uses for religious education purposes or uses
of an occasional nature.
(4)
Contractors and construction firms, when the activity is part of
work performed under a valid permit issued by the Building Department.
(5)
Borough of Somerville.
(6)
Somerville Board of Education.
(7)
County of Somerset.
(8)
Downtown Somerville Alliance (Organizer).
D.
Special events. When determined by the Fire Marshal to be necessary
for the purpose of public safety to have a Fire Inspector present
during special events, the owner, operator, organizer, sponsor, person,
or organization responsible, for said event shall pay the cost of
said inspector at the rate of $100 per hour for the duration of the
event.
E.
Fire watch. If the Fire Marshal, Fire Inspector, paid personnel or
member of a volunteer fire company is required to inspect, monitor,
or patrol a building to detect circumstances that might immediately
result in a fire while a building's fire protection system is inoperative,
the owner of said building shall reimburse the Borough for said fire
watch services at the rate of $100 per hour and reimburse the Borough
for said fire watch services at the rate designated in the salary
ordinance per hour. There shall be a minimum fee of $100, provided
that no fee shall be assessed if within 30 minutes of being notified
of the commencement of the fire watch services, the building owner
or his or her representative arrives at the building and assumes control
of the fire watch from the Fire Marshal, Fire Inspector, paid personnel
or member of the volunteer fire company. The cost of providing fire
watch services shall be certified by the Fire Marshal to the building
owner within 30 days of their completion. The building owner shall
reimburse the Borough within 30 days thereof.
[Amended 3-5-2018 by Ord.
No. 2543]
(1)
Schedule
of Equipment Rates for Fire Watch payable to the Borough of Somerville
collected by the Fire Marshal. The rates on this schedule of equipment
rates are for equipment that is owned or leased or rented by the Borough
of Somerville. This schedule of equipment rates shall be the most
recent rates published by the FEMA. The most recent rates shall be
found on FEMA.gov. In absence of such rates the rates shall follow
the 2019 schedule of equipment rates as listed below:
[Added 2-22-2022 by Ord. No. 2658]
A.
Before any one- or two-family structure is sold for residential purposes,
the owner shall obtain a certificate of smoke detector, carbon monoxide
alarm and fire extinguisher compliance (CSDCMAFEC) evidencing compliance
with N.J.A.C. 5:70-4.19, 5:70-2.3, 5:70-3 and N.J.S.A. 52:27D-198.1.
B.
The owner or the authorized agent of the owner shall apply for a
CSDCMAFEC on a form provided by the Somerville Bureau of Fire Prevention.
The application shall be accompanied by the required fee as outlined
below:
[Amended 2-22-2022 by Ord. No. 2660]
(1)
Request for a CSDCMAC received more than 10 business days prior to
the change of occupant: $75 one family; $150 two family.
(2)
Request for a CSDCMAC received four business days to 10 business
days prior to the change of occupant: $100 one family; $200 two family.
(3)
Request for a CSDCMAC received fewer than four business days prior
to the change of occupant: $125 one family; $250 two family.
(4)
If the property requires to be re-inspected an additional fee of
$50 per unit is required for each re-inspection.
[Amended 3-5-2018 by Ord.
No. 2543]
A.
Trade shows, craft shows, exhibits, expositions, auctions, art sales,
concerts, wrestling matches, festivals, dinners, dances, balls and
similar events including non-school-type uses in school buildings,
cultural centers and convention centers and any other uses requiring
inspection by the Fire Marshal or Fire Inspector shall be $150 per
event.
B.
Asphalt (tar) kettles per job site shall be $60.
A.
The Fire Marshal or his or her designee shall investigate, or cause
to be investigated, the activation of any fire alarm, fire detector
or fire protection system occurring within the Borough. The Fire Marshal
or his or designee shall determine the cause for such activation and
determine whether the alarm, detector or protection system has been
properly restored to full service.
B.
Failure to report: It shall be a violation of this section for any
person or persons, having knowledge of same, to fail to immediately
report to the Somerville Fire Department: the activation of any fire
protection system or device; the occurrence of any fire; any attempted
arson; or the spill or leakage of any flammable or combustible liquid
or gas or of any hazardous material.
Pursuant to Sections 15 and 17 of the Uniform Safety Act, P.L.
1983, c. 383 of the Laws of the State of New Jersey, any person aggrieved
by any order of the bureau shall have the right to appeal to the Construction
Board of Appeals of the County of Somerset.
A.
Designation of fire lanes and fire zones. Certain areas shall be
designated as fire lanes to provide clear access to buildings for
the fire-fighting equipment in the event of an emergency call, fire
hydrants and water connection devices located on Borough and private
roads shall be designated as fire zones as permitted by N.J.S.A. 39:4-8
et seq.
B.
Notice to affected property owners.
(1)
The Bureau shall send to the property owner by personal delivery
or certified mail all notices requiring the installation of signs
or the painting of fire-lane or fire-zone lines on said property owner's
property.
(2)
Any property owner so noticed shall install the required signs and
paint the required lines within 30 days of receipt of said notice.
C.
Intervention by the Borough for failure to comply. If a property
owner fails to comply with the requirements of this subsection, the
Bureau may cause the required signs to be installed and the lines
painted at the property owner's expense. Said costs shall be assessed
against the affected property and collected through the Borough Somerville
Tax Collector's Office.
D.
Parking, stopping or standing of vehicles prohibited. No person shall
park ("parking" means the standing or waiting on a street, road or
highway of a vehicle not actually engaged in receiving or discharging
passengers or merchandise, unless in obedience to traffic regulations
or traffic signs or signals), stop or leave standing ("stopping" or
"standing" means any cessation of movement of a vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic
control sign or signal) any vehicle, whether attended or unattended,
in any designated twenty-foot-wide fire lane or fire zone or obstruct
any designated fire lane or fire zone. No person shall park, stop
or leave standing any vehicle within 15 feet of any fire hydrant or
other fire department water connection device.
E.
Restrictions for loading zones. In loading zones designated herein,
attended vehicles may stop solely for the purpose of loading or unloading
and only for the period of time necessary to accomplish such loading
or unloading.
F.
Installation of signs, painting of lines.
(1)
Markings. The owner shall, within 30 days of being given notice to
do so by the Fire Marshal, mark the lanes as follows:
(a)
Signs, with minimum dimensions of 12 inches by 18 inches constructed
of metal with raised red letters a minimum of two inches in size on
a white background shall be posted at a level of at least seven feet
above grade indicating "NO PARKING AT ANYTIME." Immediately under
these signs shall be another sign, with minimum dimensions of 12 inches
by six inches saying "FIRE LANE" OR "FIRE LANE NO ON-STREET PARKING."
Spacing of signs shall be even with a minimum of one sign for every
50 feet of fire lane or part thereof, or as ordered by the Fire Marshal.
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)
Diagonal yellow lines shall be painted on the pavement along the
length of the fire lane or fire zone where possible. Fire lanes shall
have a minimum width of 20 feet.
(3)
Fire zones associated with fire hydrants and water connection devices
shall be identified with yellow paint extending 15 feet in both directions
on the curb and/or pavement where possible.
G.
Enforcement agencies for the parking in fire lanes or fire zones.
The Bureau and the Somerville Police Department shall have concurrent
jurisdiction in policing and issuing parking summons.
H.
Penalties.
(1)
Property owners failing to install signs or paint pavement within
30 days of receipt of notice shall be subject to a fine not to exceed
$500 in accordance with the requirements of the Uniform Fire Code.
(2)
Violators who park illegally in a fire lane or fire zone shall be
subject to a fine of $75. Said fine shall be imposed on complaint
and conviction in the municipal court of the Borough of Somerville.
(3)
All fines and penalties shall be paid to the Borough of Somerville
Treasury.
[Amended 3-5-2018 by Ord.
No. 2543]
A.
All buildings or structures protected by fire alarms shall be provided
with a key box approved by the Fire Marshal. The key box shall contain
keys to provide access to all areas of the building or structure and
shall be installed in a location approved by the Fire Marshal; such
key box shall only be utilized in response to a report of a fire or
fire protection system activation or other emergency call.
(1)
The key box shall be located in a lighted location not higher than
5 1/2 feet above grade.
(2)
Key boxes shall be installed within 90 days of receiving a notice
from the Fire Marshal.
(3)
Key box keys shall be issued to the Fire Marshal. Each individual
receiving keys shall be responsible for the security of same at all
times.
B.
All buildings or structures that have an elevator equipped with an
elevator recall shall provide the elevator recall key in a key box
installed in a location readily accessible to the Fire Department.
[Amended 3-5-2018 by Ord.
No. 2543]
A.
Any person or persons who violate any provision of this chapter is
subject to a penalty of not less than $200 nor more than $1,000.
B.
Failure to file a registration application pursuant to § 80-8B shall subject the person(s) responsible for said payment to a penalty in the amount equal to double the registration fee, but not less than $200 or more than $1,000.
C.
Failure to pay the required registration fees pursuant to § 80-8B shall subject the person(s) responsible for said payment to a penalty in the amount equal to the unpaid fee, but not less than $200. Payment of the fee after imposition of the penalty shall not absolve the owner from responsibility for the penalty nor shall payment of the penalty be deemed to absolve the owner from the obligation to pay the fee.
