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.
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.
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.
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; amended 4-26-2022 by Ord. No. 05-2022]
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 at time of inspection
and due no later than 30 days from the issuance of the bill, with
a late charge equal to the original fee added to the amount due.
[Ord. No. 04-2016; amended 4-26-2022 by Ord. No. 05-2022]
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
|
$125
|
|
A-2
|
Take out service (no seating)
|
$125
|
|
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]
[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:
[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.
