[1976 Code § 44-10; Ord. No. 87-22; Ord. No. 90-44; Ord. No. 95-8; Ord. No.
97-16 § II; Ord. No. 2005-35 § I; Ord. No. 2010-09 § I; amended 12-8-2020 by Ord. No. 2020-27]
There is hereby adopted by the Township of Holmdel for the purpose
of prescribing regulations governing hazards to life or property from
fire or explosion, a certain code known as the "ICC International
Fire Code, as promulgated by the Commissioner of the Department of
Community Affairs pursuant to authority of the "Uniform Fire Safety
Act" (P.L. 1983, c.383, N.J.S.A. 52:27D-192 et seq.) and the ICC International
Building Code, New Jersey Edition, as promulgated by the Commissioner
of the Department of Community Affairs pursuant to the authority of
the "State Uniform Construction Code Act" (P.L. 1975, c. 217, as amended),
except such portions as are hereafter deleted, modified, changed or
amended; and the same are hereby adopted and incorporated as fully
as if set out at length herein; and the provisions thereof shall be
controlling within the corporate limits of the Township of Holmdel.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid codes, which
are printed in book form, are adopted by reference thereto, and a
copy of the printed codes, so plainly marked as to indicate deletions,
modifications, changes, and amendments thereto as hereinafter shown,
is annexed to this section and shall be a part of it as fully as if
set forth herein at length. Three copies of the printed code have
been placed on file in the office of the Township Clerk for the use
and examination of the public so long as this section shall remain
in effect.
[1976 Code § 44-12; Ord. No. 86-1]
This section shall hereinafter be cited and designated as the
"Holmdel Fire Prevention Code."
[1976 Code § 44-13; Ord. No. 86-1; Ord. No. 97-16 § II; Ord. No. 2000-07 § I]
a.
Local Enforcement. This section shall be enforced by the Bureau of
Fire Prevention in the Township of Holmdel which is hereby established
pursuant to this section and which is hereby designated as the Local
Enforcing Agency (LEA) pursuant to the New Jersey State Uniform Fire
Code, N.J.A.C. 5:70-1 et seq.
b.
Composition. The Bureau of Fire Prevention shall consist of the Senior
Fire Official of the Bureau who shall be appointed by the Township
Committee pursuant to Title 11, Civil Service, of the New Jersey Statutes.
It shall be maintained and operated under the immediate supervision
of the Township Administrator or his duly appointed designee. The
Township may hire such other inspectors and employees as may be necessary
for fulfilling the duties set forth herein and in the Fire Prevention
Code. Such personnel shall be hired by the Township, after consultation
with the Senior Fire Official and the Fire Chief.
c.
Duties. The Bureau shall be charged with the duties of the enforcement of this section and such other ordinances, rules and regulations of the Township that pertain to fire prevention, protection and control, including but not limited to making periodic inspections of Life Hazard Uses (LHU's) pursuant to the New Jersey State Uniform Fire Code, N.J.A.C. 5:70-1 et seq.; making other inspections as deemed necessary and listed hereinafter in Section 12-1.7; reviewing plans and issuing permits; aiding the fire chiefs in the investigation of fire; coordinating fire safety activities with the Holmdel Fire and Police Departments; establishing and conducting programs for the promotion of fire safety, prevention and education; maintaining an appropriate record system and performing such related duties as may be assigned by the Township Committee.
d.
Salary. The salary of the Senior Fire Official, Fire Inspectors and
any other personnel in the Bureau shall be established by the Township
Committee as required by law.
e.
Reports. The Fire Prevention Bureau shall file an annual report with
the Township Committee and the Fire Chief, in addition to any reports
required under the Uniform Fire Code. It shall contain all proceedings
under this article with such statistics as will show the nature and
extent of the performance of the duties of the office during the year.
f.
The Senior Fire Official, inspectors and other employees shall be
subject to removal by the Township Committee for good cause and pursuant
to Title 11, Civil Service, of the New Jersey Statutes, where applicable.
[1976 Code § 44-14; Ord. No. 86-1; Ord. No. 97-16 § II; Ord. No. 2000-07 § I]
Pursuant to N.J.S.A. 52:27D-127, any person aggrieved by any
order of the Bureau shall have the right of appeal to the Construction
Board of Appeals of Monmouth County.
[1976 Code § 44-15; Ord. No. 86-1; Ord. 97-16 § II; Ord. No. 2000-07 § I]
Pursuant to N.J.A.C. 5:70-1 et seq. the following permits shall
be required:
a.
General. It shall be unlawful to engage in any business activity
involving the handling, storage or use of hazardous substances, materials
or devices; or to maintain, store or handle such materials; to conduct
processes which produce conditions hazardous to life or property;
to install equipment used in connection with such activities; or to
establish a place of assembly without first obtaining a permit from
the Fire Official.
c.
Application for Permit. Application for a permit required by this
section shall be made to the Fire Official in such form and detail
as the Fire Official shall prescribe. Applications for permits shall
be accompanied by plans or drawings as required by the Fire Official
for evaluation of the application.
d.
Action on Application. Before a permit is issued, the Fire Official
or the Fire Official's designated representative shall make or cause
to be made such inspections or tests as necessary to assure that the
use and activity for which application is made complies with the provisions
of this section.
e.
Conditions of Permit. A permit shall constitute permission to maintain,
store or handle materials, or conduct processes which produce conditions
hazardous to life or property, or to install equipment used in connection
with such activities in accordance with provisions of this section.
Such permissions shall not be construed as authority to violate, cancel
or set aside any of the provisions of this section. The permit shall
remain in effect until revoked, or one year unless otherwise specified.
Permits are not transferable and any change in use, operation or tenancy
shall require a new permit.
f.
Approved Plans. Plans approved by the Fire Official are approved
with the intent that they comply in all respects to this section.
Any omission or error on the plans does not relieve the applicant
of complying with all applicable requirements of this section.
g.
Revocation of Permit. The Fire Official may revoke a permit for approval
issued under the provisions of this section if upon inspection any
violation of the section exists, or if conditions of a permit have
been violated, or if there has been any false statement regarding
representation as to material fact in the application, date or plans
on which the permit or approval was based.
h.
Suspension of Permit. Any permit issued shall become invalid if the
authorized work or activity is not commenced within six months after
issuance of the permit, or if the authorized work or activity is suspended
or abandoned for a period of six months after the time of commencement.
i.
Payment of Fees. A permit shall not be issued until the designated
fees have been paid.
[1976 Code § 44-16; Ord. No. 86-1; Ord. No. 87-22; Ord. No. 90-44; Ord. No.
95-8; Ord. No. 97-16 § II; Ord. No. 2000-07 § I; Ord. No. 2001-14 § I; Ord. No. 2005-35 § I; Ord. No. 2010-09 § I]
b.
Commercial storage facilities available to the general public on
a "per unit" basis: $10 per unit.
(This fee is in addition to the "square footage" fee required by subsection 12-1.7)
c.
For the issuance of a Certificate of Smoke Detector and Carbon Monoxide
Alarm Compliance (CSDCMAC) per N.J.A.C. 5:70-2.3 the fee shall be
based upon the amount of time remaining before the change of occupant
is expected, as follows:
[Amended 12-8-2020 by Ord. No. 2020-27]
1.
Requests for a CSDCMAC received more than four business days prior
to the change of occupant: $45.
2.
Requests for a CSDCMAC received four business days or less prior
to the change of occupant: $90.
3.
Requests for a CSDCMAC received fewer than four business days prior
to the change of occupant: $161.
[1976 Code § 44-17; Ord. No. 86-1; Ord. No. 90-44; Ord. No. 95-8; Ord. No.
97-16 § II; Ord. No. 2000-07 § I; Ord. No. 2001-14 § I; Ord. No. 2005-35 § I; Ord. No. 2010-09 § I; amended 12-8-2020 by Ord. No. 2020-27]
In addition to the inspections and fees required pursuant to
the Act and regulations of the Department of Community Affairs, the
following annual inspections and fees shall be required:
a.
All businesses, whether within a structure or on open land, including
service businesses and apartment house multiple dwellings, shall be
inspected annually. The annual inspection fee shall be as follows,
with measurements based on the floor area, gross:
1.
Under 500 square feet: $60.
2.
501 to 1,000 square feet: $80.
3.
1,001 to 2,499 square feet: $90.
4.
2,500 to 3,499 square feet: $155.
5.
3,500 to 4,999 square feet: $160.
6.
5,000 to 6,499 square feet: $175.
7.
6,500 to 7,499 square feet: $185.
8.
7,500 to 8,499 square feet: $210.
9.
8,500 to 9,999 square feet: $225.
10.
10,000 and above: $275 plus $30 for each additional 1,000 square
feet, floor area, gross.
b.
Commercial photovoltaic sites: $200.
c.
An owner of a commercial multiple-occupancy building or complex,
which requires a common area inspection or site inspection of common
parking, fire suppression or fire detection systems, shall be registered
as a landlord and shall pay an annual fee of $200 for the largest
building and $75 for each additional building on the premises.
d.
All fees shall be paid within 30 days of the billing date.
[1976 Code § 44-18; Ord. No. 86-1; Ord. No. 95-8; Ord. No. 97-16 § II; Ord. No. 2000-07 § I]
a.
The Division of Fire Safety in the Department of Community Affairs
of the State of New Jersey is hereby designated as the agency for
the collection of the annual registration fees associated with Life
Hazard Uses as set forth in the New Jersey State Uniform Fire Code,
N.J.A.C. 5:70-1 et seq.
c.
Collection of and accounting for the fees and penalties established
herein which are the obligation of the Holmdel Township Fire Prevention
Bureau shall be in accordance with the procedures set forth in N.J.A.C.
5:71-2.6(b).
[1976 Code § 44-19; Ord. No. 86-1; Ord. No. 95-8; Ord. No. 93-10; Ord. No.
97-16 § II; Ord. No. 2005-35 § I]
a.
All nursing homes, boarding homes for sheltered care, rooming houses
and boarding houses licensed by the State, or otherwise operating
in the Township shall have automatic fire detection systems installed
in accordance with specifications as set forth in the New Jersey State
Uniform Fire Code. The system shall be connected to an approved Central
Station, which shall notify the Holmdel Police Department simultaneously
with the sounding of an audio-visual alarm in the facility. There
shall also be a monitoring device at each nursing station which shall
indicate when an alarm has been sounded. All systems shall have a
service contract, with a fire alarm service company, inspected and
tested semiannually and a copy of the contract along with the test
results report shall be forwarded to the Holmdel Township Fire Prevention
Bureau for their file.
b.
Nursing homes and extended care facilities as defined by N.J.S.A.
30:13-1 et seq. are hereby required to install and maintain emergency
electrical generators having sufficient capacity to insure the provision
of basic essential services such as emergency lighting, life support
equipment, heat, fire alarm and suppression equipment, elevators,
air conditioning to supply 10% of resident population, sump pumps
and food preservation equipment. Said generators shall also be capable
of furnishing electrical power to heating systems in the event of
public utility power failures. The generating system required to be
installed by this subsection shall meet the basic intent and requirements
of the National Fire Protection Association (Standard #99), Section
4.4.1.1. There shall be sufficient fuel capacity on hand for forty-eight-hour
operation of the generators.
A certificate signifying compliance with the terms and provisions
of this shall be supplied by nursing homes and extended care facilities
to the Township. Existing emergency generating systems meeting the
requirements of NFPA Standard #99 shall be deemed as meeting the requirements
of this subsection.
The owners or operators of covered facilities shall inspect
and test the emergency generating system installed in their facilities
at least once per month and keep a log of said inspections and tests.
This log shall indicate whether or not the system was fully functional
on the date of the test and shall be available, during regular business
hours, for inspection by Township officials.
The Code Enforcement Officer, Fire Official or Electrical Subcode
Official of the Township of Holmdel shall be responsible for performing
an annual inspection to insure compliance with the terms and provisions
of this subsection. The cost of said annual inspection shall be $50
and shall be paid to the Township of Holmdel by the owner or operator
of the subject property. The annual inspection shall be for the purpose
of insuring that an emergency generating, system is in place and fully
functional. Records relating to these inspections shall be kept in
the office of the Construction Code Official of the Township of Holmdel.[1]
[1]
Historical Note: These provisions were originally adopted
as Ordinance No. 93-10 for the reasons set forth in the preamble to
Ordinance 93-10. Inadvertently these provisions were not included
in either the current codification or its predecessor codification,
and are hereby readopted because of this oversight.
[Ord. No. 2001-14 § I]
At least annually, the Fire Official, or his designated representative,
shall conduct inspections of all commercial structures used for the
storage of property. The purpose of the inspection is to ensure that
any fire protection systems are not blocked or otherwise inhibited
from serving the purpose for which they were designed and installed.
The Fire Official may increase the frequency of the inspections provided
for in this section if violations are noted, in order to assure that
the violations are corrected and do not proliferate.
[1976 Code § 44-20; Ord. No. 86-1; Ord. No. 2000-07 § I; Ord. No. 2001-14 § I; amended 12-8-2020 by Ord. No. 2020-27]
a.
Any person or persons, firm, partnership or corporation violating any of the provisions of this section shall be liable to the penalties and other relief set forth in N.J.A.C. 5:70-2.12 of the New Jersey State Uniform Fire Code and Section 1-5 of the Township of Holmdel Code.
b.
Failure to pay the required annual non-life-hazard use registration
fee(s) within the time frame indicated on a notice of violation will
result in a penalty in the amount equal to double the fee(s) but not
less than $100. These penalties shall be in addition to any non-life-hazard
use fee(s) due. Penalties must be paid within 30 days after issuance
of a notice of violation. If the total fee(s) and penalties are not
paid within the 30 days, the matter will be referred to the Township
Attorney for summary collection under the New Jersey Penalty Enforcement
Law, N.J.S.A. 2A:58-1 et seq.[1]
[1]
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed
by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
c.
False and nuisance alarms, as defined in § 4-1.3, from any building, structure or premises more than three times in any consecutive three-month period shall subject the owner or owners of said building, structure or premises to a fine of not less than $200 from the Bureau of Fire Prevention for each false alarm in excess thereof.
[1976 Code § 44-21; Ord. No. 86-1; Ord. No. 95-8; Ord. No. 2005-35 § I; Ord. No. 2010-09 § I]
a.
FIRE LANE
FIRE ZONES
Definitions. As used in this section:
Shall mean a paved area designated in accordance with the
provisions of this section which does typically bear vehicular traffic
as part of the traffic circulation system on the premises where a
building to which the public is invited has been located, but which
is intended to provide an immediate and unobstructed route for fire
fighting equipment and personnel on site.
Shall mean a paved area adjacent to a building to which the
public is invited which does not typically accommodate the flow of
vehicular traffic and which has been designated as a fire zone in
accordance with the provisions of this section intended to provide
unobstructed and immediate access to any such building by fire fighting
equipment and personnel.
b.
Designation of Zones. The Fire Official shall designate fire zones
and fire lanes pursuant to this section under the provisions of the
New Jersey State Uniform Fire Code.
c.
Ingress/Egress. The fire zone fire lanes shall be established to
insure fire equipment and other emergency vehicles unobstructed means
of ingress and egress to such properties and the buildings, persons,
vehicles, fire hydrants and standpipes thereon in case of fire or
other emergency.
d.
Striping and Lettering. Fire lanes shall be striped and lettered
in yellow on a paved surface which lettering shall remain legible.
Lettering shall read "Fire Lane No Parking." Approved "No Parking
Fire Lane" signs shall be provided, erected and maintained at the
discretion of the Bureau of Fire Prevention by the owner, owners or
operators of premises upon which a fire lane is established. Fire
zones shall be striped in yellow on a paved surface. Lettering on
such paved surface may not be required at the discretion of the Bureau
of Fire Prevention.
e.
Signs. "No Parking — Fire Zone" signs shall be provided, erected
and maintained at the discretion of the Bureau of Fire Prevention,
by the owner, owners or operators of premises upon which a fire zone
is established.
f.
Specifications. The number, location, length and width of fire zones
shall be determined by the Bureau of Fire Prevention. Such determination
and approval shall be based upon the size, type and location of the
buildings, the use to which the property is put, the number of motor
vehicles operated and parked upon the property, the number of persons
using and occupying the premises, the existing means of ingress and
egress, the total area of the property and all other factors relevant
to insuring speedy and safe ingress and egress of fire fighting equipment.
g.
Prohibited Acts. No person shall at any time park a motor vehicle
in, or otherwise obstruct in any way, any fire zone or fire lane established
in accordance with the terms of this section. The Bureau or the Fire
Official is empowered to ticket and remove any motor vehicle in or
near such fire zones and fire lanes as may be necessary to ensure
that such zones and lanes are free from obstruction and accessible
to emergency vehicles.
[Amended 12-8-2020 by Ord. No. 2020-27]
h.
Jurisdiction. The Bureau of Fire Prevention and the Police Department
shall have concurrent jurisdiction to enforce the provisions of this
section. The Bureau of Fire Prevention is hereby authorized and empowered
to exercise such powers as may be necessary or convenient to effectuate
the purpose of the provisions of this section.
i.
Violations. Any person, firm or corporation who shall violate any of the provisions of this section dealing with fire lanes and fire zones shall, upon conviction by a court of competent jurisdiction, be liable to the penalty stated in Chapter 1, Section 1-5 of the Township of Holmdel Code. Each violation of any of the provisions of this section, and each day the same is violated shall be determined and taken to be a separate offense at the discretion of the court.
[1976 Code § 44-22; Ord. No. 86-1; Ord. No. 2010-09 § I]
All businesses storing more than 24,999 gallons of combustible
and/or flammable liquid or gas shall be required to have on site not
less than 20 five-gallon containers of approved High-Expansion (AR
Type) Aqueous Film-Forming (AFFF) concentrate This fire-fighting foam
concentrate shall be kept in a secure area of the premises where fire
personnel can obtain access with ease.
[1976 Code § 44-25; Ord. No. 95-8; Ord. No. 2010-09 § I]
This chapter shall become effective upon passage and publication
according to law and filing of a copy of the chapter with the Division
of Fire Safety, Department of Community Affairs.
[Ord. No. 2010-09 § I]
The Governing Body of the Township finds that in order to better
protect the property and welfare of certain businesses, business patrons
and Fire Company members, a uniform system for rapid entry into certain
buildings in the event of a report of a fire emergency is required.
[Ord. No. 2010-09 § I]
a.
All nonresidential occupancies served by an internal automatic fire
detection system connected to a Central Station monitoring facility,
or having an external audible fire alarm, shall be provided with a
key lock box (Knox-Box®).
b.
The key box shall be "UL Listed," of a manufacture, size, and type
as approved by the Holmdel Fire Prevention Bureau.
c.
The key box shall be installed adjacent to an entrance to the structure
that provides ready access to the main fire alarm panel or to a remote
fire alarm annunciator panel.
d.
The key box shall be connected to the building Fire Alarm Control
Panel via a switch and wiring conforming to NFPA 72. Opening or tampering
of the box shall send a supervisory signal to the Central Station
as defined in NFPA 72.
e.
The key box shall be installed between six and eight feet above ground
level unless approved to be at a different height by the Holmdel Fire
Official.
[Ord. No. 2010-09 § I]
a.
Key or access card or access code for the door adjacent to the key
box.
b.
Key to Fire Alarm Control Room and Fire Sprinkler Control Room.
c.
Key(s) to all mechanical rooms, including elevator machine room.
d.
Key(s) to tenant spaces within the building, with the permission
of the tenant.
e.
Key or other device required to reset any manual pull fire alarm
boxes.
f.
Card with emergency contact(s), name(s) and phone numbers.
g.
All keys are to be provided with an identification tag.
[Ord. No. 2010-09 § I]
The operator of the building shall immediately notify the Fire
Official and provide the new key(s) when a lock or locks is changed
or rekeyed. The new key(s) will then be secured in the lock box by
the Fire Official.
[1]
Editor's Note: Prior ordinance history includes portions of
prior Code §§ 44-1 — 44-5 and Ordinance Nos.
17-78, 97-16 and 2000-07.
[Ord. No. 2005-25 § I]
When used in this section, the following words and phrases shall
have the following meaning:
Shall mean any sole proprietorship, partnership, joint venture,
corporation or other business entities including retail establishments
where goods and services are sold, as well as professional corporations,
offices of health providers and other entities under which professional
services are delivered.
Shall mean a person who is employed by any employer for direct
or indirect monetary wages or profits, including those employed full-time,
part-time, temporarily, contracted or from a third-party. Employee
also means any volunteer for a business or nonprofit entity.
Shall mean any person, business or nonprofit entity which
employs the services of one or more persons.
Shall mean covered by a roof or enclosed by four or more
connected floor to ceiling walls with appropriate openings for ingress
and egress.
The floor area within the inside perimeter of the exterior
walls of the building under consideration, exclusive of vent shafts
and courts, without deduction for corridors, stairways, ramps, closets,
the thickness of interior walls, columns or other features. The floor
area of a building, or portion thereof, not provided with surrounding
exterior walls shall be the usable area under the horizontal projection
of the roof or floor above. The gross floor area shall not include
shafts with no openings or interior courts.
[Added 12-8-2020 by Ord.
No. 2020-27]
Shall mean any enclosed public walkway or hall area which
serves to connect retail or professional establishments.
Shall mean any enclosed area under the control of an employer
which employees frequent during the course of employment.
Shall mean any enclosed area to which the public is invited
or to which the public is permitted.
Shall mean inhaling, exhaling, burning or carrying any lighted
cigarette, cigar, pipe, weed, plant or other combustible substances
in any manner or any form.
Shall mean any area of a place of employment enclosed by
floor to ceiling walls in which two or more employees are assigned
to perform work for an employer.
[Ord. No. 2005-25 § I; Ord. No. 2010-09 § I]
a.
Regulation of Smoking in Places Accessible to the General Public.
1.
All enclosed public and work areas available to and generally used
by the general public, including but not limited to:
(a)
Retail stores;
(b)
Banks;
(c)
More theaters;
(d)
All businesses and nonprofit entities;
(e)
Laundromats;
(f)
Museums;
(g)
Galleries and libraries;
(h)
Auditorium stages;
(i)
Performance halls;
(j)
Recital halls or any venue wherein performances or demonstrations
occur;
(k)
Sports arenas or gymnasiums;
(l)
All areas of healthcare facilities;
(m)
All lobbies, hallways or common areas of multi-unit commercial
buildings;
(n)
All lobbies, hallways or common areas of multi-unit residential
buildings;
(o)
Polling places; and
(p)
Private residences that are used as childcare or healthcare
facilities.
2.
Any owner or operator of any establishment not specifically covered
in the above list may declare the entire establishment SMOKE-FREE
by posting notices as per the provisions of this section and by notifying
the Holmdel Township Health Department, Fire Official or Code Enforcement
Officer that the establishment shall be covered under all provisions
of this law.
b.
Regulations of Smoking in Places of Employment (Including Places
of Employment with Fewer than 50 Employees). All employers within
the boundaries of Holmdel Township shall provide a smoke-free workplace
for all employees. Smoking shall be prohibited in all enclosed work
areas within the workplace without exception, including but not limited
to all common work areas, auditoriums, classrooms, meeting rooms,
private offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, stairs, restrooms and all other enclosed areas.
The entranceways to buildings used by the public, all outdoor entranceways
of buildings used by the public shall also be smoke-free.
c.
Smoking Prohibited in Municipal Buildings. Smoking is prohibited
in all buildings and vehicles owned by the Township of Holmdel. There
shall be a conspicuously posted sign or signs indicating "SMOKING
PROHIBITED" or the appropriate "SMOKING PROHIBITED" international
symbol shall be posted. Smoking is also prohibited at the entrances
of the municipal buildings. The Township Administrator may designate
a smoking area outside of each building.
d.
Smoking Regulation in Parks and Recreation Areas, Posting. Smoking
shall be prohibited in all Township parks and recreation areas except
where designated. All Township parks and recreation areas shall be
posted with a sign or signs indicating "SMOKING PROHIBITED - NO SMOKING"
or the international symbol for smoking prohibited. It shall not be
a defense to a charge under this paragraph that the accused did not
see such posting. The principal that all are deemed to know the law
shall control. The Township Administrator shall designate and delineate
areas where smoking is permitted. Such areas shall be posted with
signs stating "Smoking Permitted" or the appropriate international
symbol for "Smoking Permitted" shall be posted.
[Ord. No. 2005-25 § I]
NO SMOKING signs or the international no smoking symbol shall
be clearly, sufficiently and conspicuously posted in every building
where smoking is regulated by this section, by owner, operator, manager
or other person having control of such building or such place. Every
building area regulated by this section shall have posted at every
entrance a conspicuous sign clearly stated that smoking is not allowed.
[Ord. No. 2005-25 § I]
The enforcement of this section will be implemented by the Holmdel
Township Health Department or its designee. Any citizen may initiate
enforcement by registering a complaint with the Holmdel Township Fire
Official, the Board of Health or the Code Enforcement Officer or Police
Department.
[Ord. No. 2005-25 § I]
It shall be a violation of this section for any owner, operator,
manager or controller of any premises subject to this section to fail
to comply with any of its provisions. It shall be unlawful to smoke
where smoking is prohibited. Any person who willfully violates any
provision of this section shall be guilty of an infraction punishable
by a. a fine not exceeding $100 for the first violation, b. a fine
not exceeding $200 for the second violation, c. a fine not exceeding
$500 for any further violations.
[Ord. No. 2005-25 § I]
No person or employer shall discharge, refuse to hire or in
any manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any right to a smoke-free
environment afforded by this section.
[Ord. No. 2005-25 § I]
No provision of this section will be construed or interpreted
to allow smoking areas otherwise restricted by other laws.
