[10-22-2018 by Ord. No.
2018-30[1]]
[1]
Editor's Note: This ordinance amended in its entirety
former Ch. 15, Fire Prevention, comprised of Art. I, District No.
1 of the Township of Neptune, adopted by Ord. No. 1262, as amended;
and Art. II, Ocean Grove Fire District No. 1, adopted by Ord. No.
1263, as amended.
a.
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq. (P.L. 1983,
c. 383), was enacted for the purpose of establishing a system for
the enforcement of minimum fire safety standards throughout the State
of New Jersey.
b.
The Uniform Fire Safety Act authorizes municipalities to provide
for local enforcement and to establish local enforcement agencies
for that purpose.
c.
It is in the best interest of the Township to have the Uniform Fire
Safety Act enforced locally.
d.
The Board of Fire Commissioners of Fire District Nos. 1 and 2 have
agreed to the plan, which is set forth herein, for the administration
and enforcement of the Uniform Fire Code, N.J.A.C. 5:70 et seq., as
amended.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983 c. 383), the New Jersey Uniform Fire Code and all standards adopted
herein shall be enforced locally within the established limits of
Fire District Nos. 1 and 2 in the Township of Neptune.
The local enforcing agency shall be the Bureau of Fire Prevention
specific to Fire District lines as defined below:
a.
Neptune Fire District No. 1, which will enforce the Code (each) within
the limits of the fire district which are all that portion of the
Township which lies to the west of the center line of Main Street
(Route 71).
b.
Neptune Fire District No. 2, within the limits of the Fire District
which is known as Ocean Grove and is bordered on the west by the center
line of State Highway Route 71, on the south by the Borough of Bradley
Beach, on the north by Wesley Lake, and on the east by the Atlantic
Ocean.
The local enforcement agency shall enforce the Uniform Fire
Safety Act and the codes and regulations adopted under it and herein
adopted in all buildings, structures and premises within the established
boundaries of Fire District Nos. 1 and 2 other than owner-occupied
one- and two-family family dwellings, and shall faithfully comply
with the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
The local enforcing agencies established by Subsection 15-1.3 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
a.
The local enforcing agencies established by Subsection 15-1.3 shall establish a Bureau of Fire Prevention, which shall be staffed by a Fire Official and such other permanent, temporary, full-time and/or part-time inspectors and staff as the local enforcing agency deems appropriate.
b.
The local enforcing agencies shall provide such supplies, equipment,
machinery, and vehicles as they deem appropriate to carry out the
requirements of this section.
a.
Appointment and Supervision.
1.
The Fire Official of Fire Prevention shall be appointed by and shall
answer directly to the Board of Fire Commissioners of the local enforcing
agency.
2.
Inspectors and staff shall be appointed by the Board of Fire Commissioners
of the local enforcing agency and shall be under the supervision of
the Fire Official.
b.
Duties.
1.
The Fire Official's duties shall be those adopted by N.J.A.C.
5:71-3.3(a) and shall include supervision of the Bureau of Fire Prevention
including inspectors and staff, making inspections required by this
section, reporting to the Board of Fire Commissioners of Fire District
No. 1 on a regular basis or as more often required by the Board of
Fire Commissioners, keeping records and making such written reports
as may be required by law or the Board of Fire Commissioners, and
such other duties as may be assigned by the Board of Fire Commissioners.
2.
Inspectors' duties shall be in accordance with N.J.A.C. 5:71-3.3(c)
and shall include to make inspections and reports and to perform such
other duties as may be assigned by the Fire Official of Fire Prevention.
3.
Staff duties shall include such clerical, administrative, and office
duties and such other duties as may be assigned by the Fire Official
of Fire Prevention.
c.
Term of Office and Removal.
1.
Temporary or Part-Time Position. All temporary or part-time employees
shall serve at the pleasure of the Board of Fire Commissioners. Either
hiring for less than an eight-hour work day or employment which does
not exceed 364 consecutive days shall be considered temporary or part
time.
2.
Permanent Position.
(a)
Appointment to any permanent position shall be for an initial
probationary period of one year during which period the employee may
be discharged without cause. The Board may in writing waive a probationary
period.
(b)
After completion of probationary period, or after waiver by
the Board of the same, an employee of a permanent position may only
be disciplined or discharged for cause including but not limited to:
failure to perform and/or adequately perform the duties of the position;
failure to cooperate with co-employees; failure to maintain a clean,
neat and orderly appearance; failure to act in a civil and respectful
manner; failure to obey directives of the Board or a superior; failure
to report for duty on time; consumption of alcoholic beverage during
working hours; being on duty with breath smelling of alcoholic beverage;
being under the influence of any intoxicant or mind-altering illegal
substance; any violation of any criminal or disorderly persons law;
any conduct which may bring embarrassment or disrepute to the Board
or which in any manner adversely affects the employee in carrying
out the duties of the position; solicitation of or receipt of any
gifts, services, gratuities, or payment from any member of the public
for any act, omission or forbearance in performance of the duties
of the position; any employment not authorized by the Board; such
other causes as allowed by law.
(c)
Discipline may be loss of sick leave and/or vacation time, suspension
from employment without pay, termination of employment and such other
discipline as allowed by law.
d.
Salaries; Benefits; Conditions of Employment. The salaries, benefits
and conditions of employment for all positions created under this
section shall be determined by the Board of Fire Commissioners of
the local enforcing agency as it deems appropriate.
Pursuant to N.J.A.C. 5:70-2.19 of the Uniform Fire Code, any
person aggrieved by any order of the local enforcement agency (or
agencies) shall have the right to appeal to the Construction Board
of Appeals of Monmouth County.
In addition to the inspection schedule and fee required pursuant
to the Act and the regulations of the Department of Community Affairs,
the following additional inspections schedule and fees shall be required.
All non-life-hazard uses shall register and be inspected annually,
as follows:
a.
All structures, businesses and activities required to secure a mercantile license in accordance with Chapter 4 of the Code of the Township of Neptune and all structures or part thereof occupied by any professional activity or use license or for which a permit is issued by any department, branch, division or agency of the State of New Jersey shall be inspected pursuant to this section prior to issuance of a mercantile license or in the case of a nonmercantile licensed structure, business or activity as aforesaid, there shall be an annual inspection. The owners and occupants of all structures shall register and be inspected annually and shall within two weeks of a written request supply such information as may be required by the Fire Official of Fire Prevention for the enforcement of this section.
b.
Registration fees under this section shall be $55 for up to two 2,500
square feet and $25 for each additional 2,000 square feet or fraction
thereof to be inspected. Notwithstanding the aforesaid, a not-for-profit
organization shall not be charged an inspection fee greater than $55
for a building which does not have a life hazard use required to be
registered under the Uniform Fire Code of the State of New Jersey.
The registration fee shall be paid by the occupant of the structure
or area to be inspected.
c.
e.
The enforcement and penalty provisions which govern life hazard uses
(N.J.A.C. 5:70-2.12, Penalties, and N.J.A.C. 5:70-2.12A, Dedicated
Penalties) are hereby incorporated herein and any party failing to
obtain any inspection required, failing to furnish requested registration
information, failing to pay registration fee or failing to comply
with any orders issued as a result of such inspection shall be subject
to the enforcement and penalty provisions.
f.
False Fire Alarm. A "false fire alarm" shall be defined as either
a signal, message or warning transmitted to the Township's Fire
Communications central dispatch indicated a fire condition, or the
emission of an audible, visual or electronic transmission of any signal,
message or warning intended to summon the services of the Township
fire-fighting personnel or apparatus, which signal, message, or warning
is activated by a cause other than one for which the transmitting
system is specifically designed to respond, at a time when no fire
exists. The alarm shall not be considered false if caused by a power
or telephone line interruption. The Fire Official may assess penalties
for violations herein as follows:
a.
In addition to the Uniform Fire Safety Act (P.L. 1983, c. 383), the
National Fire Protection Association Code and all amendments and supplements
thereto are hereby adopted wherein a higher or more restrictive standard
is set forth than in the Uniform Fire Safety Act or where the same
supplements the Uniform Fire Safety Act.
b.
In addition, the following are hereby adopted, violation of which
shall be subject to the enforcement and penalty provisions of the
Uniform Fire Safety Act (P.L. 1983, c.383) as the same may be amended
from time to time.
1.
Candles. Open-flame burning candle or candles shall not be used,
permitted or suffered at any meeting or gathering in any place of
assembly or gathering without first obtaining approval of the Bureau
of Fire Prevention which shall base such approval or nonapproval on
whether the proposed open-flame burning of candle or candles is to
be done in a safe manner and with provision for safety in the event
of a mishap.
2.
Fire Lanes. All fire lanes shall have a minimum width of 25 feet.
3.
Open-flame cooking devices and outdoor fireplaces.
(a)
Any portable device designed to cook, using charcoal, wood,
ignitable liquid, liquefied petroleum, and/or natural gas or any portable
device designed or used to cook, that produces an open flame upon
ignition or under cooking conditions and outdoor fireplaces shall
not be stored or used:
(b)
When the device is in use, it must always be attended to. One-
and two-family dwellings shall be included in the enforcement of this
provision.
4.
Opening Burning, Recreational Fires and Portable Outdoor Fireplaces.
A person shall not kindle or maintain or authorize to be kindled or
maintained any open burning unless conducted and approved in accordance
with the provisions of the Uniform Fire Code and/or the State Forest
Fire Service.
(a)
Open burning shall be prohibited when atmospheric conditions
or local circumstances make such fires hazardous.
(b)
Opening burning shall be allowed without prior notification
to the fire official for recreational fires provided the following
requirements are meet:
(1)
Must be in an approved container with an ember-suppressing lid.
(2)
Use of only clean dry wood: no brush, leaves, trash, treated
or wet wood.
(3)
Do not use any flammable liquids to ignite the fire.
(4)
Approved containers must be a minimum of 15 feet away from any
combustibles: not on decks or near structures.
(5)
Must always be attended to.
(6)
Must have a means to extinguish the fire. Garden hose stretched
and/or a working portable fire extinguisher.
(7)
If complaints are received, and the above conditions are not
met, the local enforcing agency will require that the fire be extinguished
immediately.
(8)
If multiple calls to an address are received and the above is
not abided by, a citation with possible fines will be issued.
5.
Secured Key Access.
(a)
Neptune Township Emergency Services utilize the Knox Rapid Access
System.
(1)
Key Box Access System Required. All buildings except one- and
two-family homes which have a fire alarm system or a fire suppression
system or when access to or within a structure or an area is restricted
because of secured openings or where immediate access is necessary
for life-saving or fire-fighting purposes are required to have a key
box access system (Knox-Box®) at an
entry location to be approved by the Fire Code Official.
(2)
Key Box Contents. The key box shall contain: 1) keys to locked
points of egress whether on the interior or exterior of the building;
2) keys to locked mechanical rooms, fire alarm/sprinkler control rooms,
electrical rooms and elevator controls; 3) keys to other secured areas
as required by the Fire Code Official.
(3)
The operator of the building shall immediately notify the Fire
Code Official and provide the new key where a lock is changed or rekeyed.
The key to such lock shall be secured in the Knox-Box®.
