Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: Prior ordinance history: Ord. Nos. 03-2002, 11-2003, 05-2004.
[Ord. No. 04-2016]
There is hereby adopted by the Borough of Allentown for the purpose of prescribing minimum requirements and controls to safeguard life, property and public welfare from the hazards of fire and explosion, the New Jersey Uniform Fire Safety Act, (P.L. c. 383), Uniform Fire Code, including all subsequent revisions and amendments thereto, as modified by N.J.A.C. 5:70-3.2. This shall be known as the "Local Fire Prevention Code."
[Ord. No. 04-2016]
The Local Fire Prevention Code shall be locally enforced in the Borough of Allentown by the Upper Freehold Township Bureau of Fire Prevention, as set forth in the mutually executed shared service agreement between the Township of Upper Freehold and the Borough of Allentown, effective January 1, 2016. Per the shared service agreement, the Bureau of Fire Prevention will be governed by the Township of Upper Freehold as the local enforcing agency.
[Ord. No. 04-2016]
Copies of the aforementioned Code shall be filed in the office of the Borough Clerk.
[Ord. No. 04-2016]
For the purpose of this chapter, the following words shall have the definitions as set forth hereinafter.
FIRE INSPECTOR
Shall mean the person working under the direction of the Fire Marshal who is certified by the Commissioner of the Department of Community Affairs and appointed or designated to enforce the Local Fire Prevention Code by the Township of Upper Freehold under its shared services agreement with the Borough of Allentown.
FIRE OFFICIAL
Shall mean the person certified by the Commissioner of the Department of Community Affairs and appointed or designated to direct the enforcement of the Local Fire Prevention Code by the Township of Upper Freehold under its shared services agreement with the Borough of Allentown. This term shall also include Fire Marshal where the Fire Official has been appointed pursuant to N.J.A.C. 5:71-3.2.
LOCAL ENFORCING AGENCY
Shall mean the Upper Freehold Township Bureau of Fire Prevention established pursuant to Section 14-2 of the Revised General Ordinances of the Township of Upper Freehold, as amended from time-to-time by the Township Committee of the Township of Upper Freehold.
[Ord. No. 04-2016]
Pursuant to N.J.S.A. 52:27D-198, any person aggrieved by any ruling, action, or notice of the Upper Freehold Township Bureau of Fire Prevention shall have the right to appeal same to the Monmouth County Construction Board of Appeals. Such an appeal shall be prosecuted in the manner provided by N.J.A.C. 5:70-2.19 et seq.
[Ord. No. 04-2016]
In addition to the fees and inspections of life hazard uses pursuant to the New Jersey Uniform Fire Code, the additional inspections and fees relative to the non-life hazards as set forth below shall be required annually. Fees shall be billed out in January and due no later than 60 days from the issuance of the bill, with a late charge of 1/2 of the original fee.
[Ord. No. 04-2016]
Any and all business, commercial, retail, or other premises to which the public is invited, for which provision is not made for a permit under the Uniform Fire Code, shall be inspected on an annual basis. Annual registration fees charged for inspections conducted pursuant to this section shall be:
a. 
Assembly Use Group
A-1
Eating establishment under 50 persons
$50
A-2
Take out service (no seating)
$50
A-3
House of worship not used exclusively for religious purposes
N/C
A-4
Recreational centers multipurpose (fewer than 50 persons)
$50
A-5
Court rooms, library, condo center Fraternal organizations (fewer than 50 persons)
$50
A-6
Senior centers (fewer than 50 persons)
$50
b. 
Business Use Group
B-1
Professional use 1 & 2 stories (less than 5000 sq. ft.)
$50
B-2
1 & 2 stories (more than 5000 sq. ft. and Less than 12,000 sq. ft.)
$75
B-3
1 & 2 stories (more than 12,000 sq. ft.)
$100
B-4
3 to 5 stories (less than 5000 sq. ft.)
$100
B-5
3 to 5 stories (more than 5000 sq. ft. less than 12,000 sq. ft.)
$150
B-6
3 to 5 stories (more than 12,000 sq. ft.)
$150
c. 
Retail/Mercantile Use Group
M-1
1 & 2 stories (less than 5000 sq. ft.)
$125
M-2
1 & 2 stories (more than 5000 sq. ft. and Less than 12,000 sq. ft.)
$150
M-3
3 to 5 stories (less than 5000 sq. ft.)
$200
M-4
3 to 5 stories (more than 5000 sq. ft. less than 12,000 sq. ft.)
$225
d. 
Manufacturing/Factory Use Group
F-1
1 & 2 stories (less than 5000 sq. ft.)
$100
F-2
1 & 2 stories (more than 5000 sq. ft. and less than 12,000 sq. ft.)
$125
F-3
3 to 5 stories (less than 5000 sq. ft.)
$175
F-4
3 to 5 stories (more than 5000 sq. ft. less than 12,000 sq. ft.)
$200
e. 
Common Areas Use Group
E-1
1 & 2 stories (less than 5000 sq. ft.)
$75
E-2
1 & 2 stories (more than 5000 sq. ft. less than 12,000 sq. ft.)
$100
E-3
1 & 2 stories (more than 12,000 sq. ft.)
$125
E-4
3 to 5 stories (less than 5000 sq. ft.)
$125
E-5
3 to 5 stories (more than 5000 sq. ft. less than 12,000 sq. ft.)
$150
E-6
3 to 5 stories (more than 12,000 sq. ft.)
$200
[Ord. No. 04-2016]
The application fee for a certificate of smoke detector and carbon monoxide detector compliance as required by N.J.A.C. 5:7-2.3 shall be:
When the application is received more than 10 business days before occupant change
$ 35.00
4-10 business days before occupant change
70.00
Less than 4 business days before occupant change
125.00
[Ord. No. 04-2016]
All fee schedules shall be in accordance with those set forth by the State of New Jersey and modified accordingly, unless not specified in the Uniform Fire Code.
[Ord. No. 04-2016]
The purpose of this section is to establish a procedure to define fire lanes and to establish and provide adequate and safe ingress and egress for emergency vehicles and provide certain penalties for the unlawful parking therein.
[Ord. No. 04-2016]
a. 
Required. The Fire Official may require and designate public or private fire lanes and fire zones as deemed necessary for the efficient and effective operation of fire apparatus.
b. 
Width. Fire lanes shall have a minimum width of 18 feet. Fire zone size shall be determined by the Fire Official.
[Ord. No. 04-2016]
a. 
Markings. The fire lanes and zones established by subsection 13-4.2 shall be striped and lettered in yellow either "NO PARKING FIRE LANE" or "NO PARKING FIRE ZONE" on the paved surface. The size of the fire lane or zone and the details of the lines and lettering shall be determined by the Officer-In-Charge of the Allentown Police Department and the Fire Official.
b. 
Posting. The fire lanes or zones shall be appropriately posted with metal signs indicating "NO PARKING FIRE LANE" or "NO PARKING FIRE ZONE." The signs shall further indicate the size and dimensions of the fire lanes or zones wherever deemed necessary by the Police Chief and the Fire Official. The signs shall be of such design, quality and lettering as required by New Jersey Statutes governing same. The Police Chief and Fire Official of the Borough shall determine the number and placement of signs and shall approve the design, quality and lettering.
c. 
Cost. The owner of the property shall, at his/her expense, cause the proper creation of the fire lanes or zones including the striping, lettering and installation of signs.
[Ord. No. 04-2016]
a. 
Parking Prohibited. No person shall at any time park a motor vehicle or in any other manner obstruct a driveway or area designated as a fire lane or zone pursuant to this section.
b. 
Penalties. Unless another penalty is expressly provided for by New Jersey Statutes, any person convicted of a violation of this subsection shall be subject to a fine of not more than $50. In addition, the Police Department shall have the authority to cause any vehicle found in violation of this subsection to be towed and stored at the expense of the owner of the vehicle.
[Ord. No. 04-2016]
The Police Department, concurrently with the Fire Official, shall have jurisdiction for enforcing this section.
[Ord. No. 04-2016]
Any existing red light which gives notice of a Fire Department sprinkler connection shall be illuminated at all times.
[Ord. No. 04-2016]
It shall be a violation of this chapter for any person, firm, corporation, owner, tenant, or person responsible for a given structure or premises to fail to immediately notify the Fire Department and immediately evacuate the entire structure when and if the following conditions are present.
a. 
The fire alarm is activated.
b. 
There is smoke in the structure.
c. 
An explosion has occurred.
d. 
There is a fire in the structure.
e. 
Any fire protection system (sprinklers, etc.) is activated.
f. 
Whenever a hazardous or flammable material is spilled, leaked or exposed and has the potential to endanger the occupants on the premises.
g. 
Upon the order of the Fire Department or the Incident Commander of the scene.
[Ord. No. 04-2016]
It shall be unlawful to block, obstruct, obscure, or damage any hydrant, Fire Department connection, or hydrant locator wands that are located on public or private streets and access lanes or on private property. A four-foot radius from any hydrant or Fire Department connection must be kept clear of any objects. Objects are defined as, but not limited to:
a. 
Mailboxes.
b. 
Vehicles.
c. 
Brush or large plants.
d. 
Fences or walls.
e. 
Garbage.
f. 
Leaf piles or other debris.
g. 
Trees.
[Ord. No. 04-2016]
A person shall not use or operate any fire hydrant intended for use of the Fire Department unless such person secures written permission from the Fire Official. This section shall not apply to the use of such hydrants by a person employed by the Borough of Allentown, County of Monmouth, or State of New Jersey, nor shall this section apply to any employee, agent, or representative of an entity or any person with whom the Borough of Allentown has contracted to provide public works services or other similar services.
[Ord. No. 04-2016]
Unless another penalty is expressly provided for by New Jersey Statutes, any person convicted of a violation of Section 13-7 shall be subject to a fine of not less than $100. Each day that the owner, tenant or occupant fails to satisfy the obligation of this section shall constitute a separate violation.
[Ord. No. 04-2016]
Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor punishable by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 90 days, or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Any penalty will be enforced in accordance with the Uniform Fire Safety Act, the Uniform Fire Code and all other applicable laws and regulations.