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Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 9-1; Ord. No. 79-6]
There is hereby created in the Township a fire district which shall be known as the "Commissioners of Fire District No. 1," in the Township of Millstone and County of Monmouth as provided in N.J.S.A. 40A:14-70 et seq.
[1971 Code § 9-2; Ord. No. 79-6]
The geographical area encompassed by the fire district is all territory within the Township of Millstone.
[Ord. No. 01-25, § I]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Township of Millstone.
[Ord. No. 01-25, § I]
The local enforcing agency shall be the Board of Fire Commissioners of Fire District No. 1, Township of Millstone through its Bureau of Fire Prevention which is hereby created. The Board of Fire Commissioners of Fire District No. 1, Township of Millstone shall hereinafter be known as the local enforcing agency pursuant to the provisions of N.J.A.C. 52:26D-202.
[Ord. No. 01-25, § I]
a. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Township of Millstone other than one and two unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by Federal Government, interstate agencies or the State.
b. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
c. 
The local enforcing agency shall provide to the Township governing body an annual summary of its activities as permitted hereunder. Such summary shall be based on the calendar year and is to be provided on or before March 15 of each year.
[Ord. No. 01-25, § I]
a. 
The Bureau of Fire Prevention established by subsection 13-3.2 of this section shall be under the direct supervision and control of a Fire Official who shall be appointed by and shall be responsible to the Board of Fire Commissioners of Fire District No. 1, Millstone Township.
b. 
The Bureau of Fire Prevention shall employ at least one paid Fire Inspector and may employ as many Fire Inspectors as the Board of Fire Commissioners, in its sole discretion, may deem necessary and appropriate.
[Ord. No. 01-25, § I]
a. 
Appointments and Qualifications of the Fire Official. The Fire Official shall be certified by the State and appointed by the Board of Fire Commissioners of Fire District No. 1, Millstone Township.
b. 
Appointment and Qualifications of Inspectors and Other Employees. Fire Inspectors and other employees of the Millstone Township Bureau of Fire Prevention shall be appointed by the Board of Fire Commissioners. All Fire Inspectors shall be certified and licensed by the State.
c. 
Appointment of Legal Counsel. The Board of Fire Commissioners shall provide legal counsel to assist the Bureau of Fire Prevention in the enforcement of the Uniform Fire Code.
d. 
Term of Office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.
e. 
Removal from Office. The Fire Official, Inspectors and other employees of the agency shall be subject to removal by the Commissioners for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the Commissioners or a hearing officer designated by the same.
[Ord. No. 01-25, § I; Ord. No. 10-30, § I]
The Bureau of Fire Prevention established by subsection 13-3.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs. Premises that are incidental or auxiliary to the agricultural use of a farm property, pursuant to N.J.A.C. 4:70-2.4(b) are exempt and shall be exempt from fees for same, but shall comply with all requirements set forth in subsection 13-3.7e1-10.
[Ord. No. 01-25, § I; Ord. No. 09-02, § I; Ord. No. 10-30, § II; amended 2-15-2023 by Ord. No. 23-04]
a. 
In addition to the registrations required by the Uniform Fire Code, the following non- life hazard use groups shall register with the Bureau of Fire Prevention. These use groups shall be inspected once per year and pay an annual registration fee.
1. 
A, Assembly.
2. 
B, Business.
3. 
E, Educational.
4. 
F, Factory and Industrial.
5. 
H, High Hazard.
6. 
I, Institutional.
7. 
M, Mercantile.
8. 
R, R-1 and R-2 common areas.
9. 
S, Storage.
10. 
U, Utility.
Square Footage
Fee
1,000 or less
$50
1,001 to 5,000
$100
5,001 to 10,000
$150
10,001 to 20,000
$200
20,001 to 30,000
$250
30,001 or more
$300
Common Areas
Fee
Commercial building common area
$75 per floor
Residential building common area
$50 per building
b. 
Premises that are incidental or auxiliary to the agricultural use of a farm property, pursuant to N.J.A.C. 5:70-2.4(b) shall be exempt from fees for same. However, any such farm buildings will be required to comply with the following:
1. 
Placement of operable portable fire extinguishers, which must be visible and available to the occupants with a maximum travel distance of 150 feet to a fire extinguisher;
2. 
Placement of exit signs over the exit doors. Such signs do not have to be illuminated in commercial farm buildings (side swing doors are the only doors which are considered a means of egress);
3. 
Any fire suppression system must be in operating order;
4. 
Smoke detectors in buildings so equipped must be in operating order;
5. 
Any bare electrical wires must be replaced;
6. 
All electrical outlets must have covers;
7. 
If items are hung on the wall, no more than 10% of the wall area may be covered by these items;
8. 
If there is a welding area, any cylinders not in use must be chained to the walls. If there are two tanks, they shall not be adjacent to each other;
9. 
Any welding cart must be equipped with a fire extinguisher; and
10. 
Electric apparatus must be hard wired and/or plugged directly into any electrical outlet. No extension cords may be used.
c. 
Before any one- and two-family or attached single-family structure is sold, leased or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC), evidencing compliance with N.J.A.C. 5:70-4.19. The application fee for a CSACMAPFEC shall be in accordance with N.J.A.C. 5:70-2.9(d). Currently, the fees are as follows:
1. 
Requests for a CSACMAPFEC received more than 10 business days prior to the change of occupant: $45;
2. 
Requests for a CSACMAPFEC received four to 10 business days prior to the change of occupant: $90; and
3. 
Requests for a CSACMAPFEC received fewer than four business days prior to the change of occupant: $161.
4. 
A fee of $30 shall be paid per reinspection of premises.
d. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
e. 
Uses required to register with the state as life hazard uses shall not be required to register under this section.
f. 
In the discretion of the Fire Official, vacant buildings will be charged per the fee schedule and inspected.
g. 
All residential uses except R-3 uses shall be inspected in the common areas only.
[Ord. No. 01-25, § I; Ord. No. 09-02, § I; Ord. No. 10-30, § III; amended 2-15-2023 by Ord. No. 23-04]
a. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(a) shall be in accordance with N.J.A.C. 5:70-2.9(c). Currently, the fees are as follows:
Type 1
$54
Type 2
$214
Type 3
$427
Type 4
$641
Note: Type 4 permits shall not be required when the storage or activity is incidental or auxiliary to the agricultural use of the farm property, pursuant to N.J.A.C. 5:70-2.7(a)(l).
b. 
The cost for the issuance of a Certificate of Fire Code Status shall be $50.
[Ord. No. 01-25, § I]
(Reserved)
[Ord. No. 01-25, § I]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the County Construction Board of Appeals.
[Ord. No. 01-25, § I]
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
[Ord. No. 09-02, § I]
By separate check addressed to the Millstone Township Fire Prevention Bureau for all major subdivision and site plans: $150.
[Ord. No. 07-20 § I]
The governing body of the Township of Millstone 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 is necessary in the event of a report of a fire emergency.
[Ord. No. 07-20 § I]
The following words, as used in this section, shall have the meanings set forth below unless the context in which it is used clearly requires a different meaning:
AFFECTED STRUCTURES OR AFFECTED BUILDINGS
Shall mean any of the structures, or buildings described in subsection 13-4.3 below.
MULTIPLE DWELLINGS
Shall mean a residential building containing three or more dwelling units.
RAPID ENTRY BOX SYSTEM
Shall mean a locking vault-like container permanently mounted into the affected structure or building and accessible from outside of such structure or building.
[Ord. No. 07-20 § I]
The following structures or buildings shall be required to install a rapid entry box system:
a. 
Any industrial or warehouse building or structure.
b. 
Hotels, motels or multiple dwellings which have locked main entrances at any time during the day or night or which have locked boiler rooms, electrical rooms, basements, sprinkler control rooms or elevator control rooms.
c. 
All educational and day-care buildings or structures.
d. 
All mercantile buildings and structures including shopping centers.
e. 
All office buildings and structures.
f. 
All buildings and structures of public assembly, including churches, restaurants, bars and movie theaters.
[Ord. No. 07-20 § I]
The following buildings or structures shall be exempt:
a. 
Any building or structure staffed 24 hours a day, seven days a week.
b. 
Any building or structure already constructed or for which a building permit has been issued as of the effective date of this section and which is less than 2,000 square feet in area, except for educational and day-care buildings or structures. For purposes of determining this exemption, where more than one business is maintained in a common structure (i.e., strip shopping centers), the measurement of the square footage of the structure shall include all individual businesses within the overall building or structure.
c. 
Any building or structure which is a residential building containing a home office.
d. 
Any building or structure on a commercial farm as defined by the Right to Farm Act (N.J.S.A. 4:1 C-3).
[Ord. No. 07-20 § I]
Each affected building or structure shall cause an appropriate rapid entry box to be permanently mounted into the structure or building and accessible from outside the structure or building. Each rapid entry box shall be of sufficient size and configuration to allow the required contents as set forth in subsection 13-4.7 below to be conveniently stored therein. In order to assure acceptability of the rapid entry box chosen, each owner, tenant, or other responsible party of each affected structure or building shall receive approval from the Millstone Township Fire Official as to the size and configuration of the proposed rapid entry box.
[Ord. No. 07-20 § I]
The location on the outside of the building or structure at which the rapid entry box is to be located must be, as nearly as possible, uniform among similar type structures in order to promote quick accessibility upon arrival of fire personnel at the scene of an emergency. Given differing structural characteristics of different types of structures and buildings, the location of the rapid entry box on the exterior of each building or structure shall be submitted to and approved by the Township Fire Official.
[Ord. No. 07-20 § I]
The rapid entry box for each building or structure shall contain a separately and clearly labeled key for the main entrance and rear entrance and for each locked area within the building or structure (for example, boiler rooms, electrical rooms, sprinkler control rooms, elevator control rooms, etc.), the building plan of any structure or building in excess of 20,000 square feet, sprinkler keys, elevator keys, and as to any hazardous materials contained in the building or structure the exact location(s) and type of hazardous materials contained therein.
[Ord. No. 07-20 § I]
Compliance with the provisions of this section must be achieved on or before March 1, 2008.
[Ord. No. 07-20 § I]
As used herein, "master key" shall mean the instrument used to gain access to the various rapid entry system boxes to be utilized as a result of the provisions of this section. The Fire Department shall establish a system of security and procedure to limit access to any master key(s) to authorized personnel in times of emergency. The Fire Department shall, to the extent feasible and practical, use the latest technological advances available to preserve and enhance the security of the master key(s).
[Ord. No. 07-20 § I]
Any person or entity violating or failing to comply with any of the provisions of this section shall be deemed a disorderly person.
[Added 9-16-2020 by Ord. No. 20-30]
The Governing Body of the Township of Millstone ("Township Committee") finds that in order to better protect the health, safety and welfare of Township residents and of those who may need ambulance and emergency medical services (hereafter collectively "EMS"), it finds it beneficial to transfer all authority it may have to provide EMS to the Board of Fire Commissioners of Fire District No. 1 ("Fire District").
Consistent with the purposes expressed in § 13-5.1 above, the Township Committee hereby transfers any and all authority it may have to provide EMS to the Fire District.
The Township Committee acknowledges that it has authorized by resolution, pursuant to N.J.S.A. 40A:65-1 et. seq., a shared services agreement with the Fire District to provide EMS. The provisions of such resolution and shared services agreement, as such documents may from time to time be amended or revised, are adopted by reference. The most recently adopted or executed of those documents shall be those that control.
The Township Committee shall lend its support and cooperation to the Fire District as set forth in the most recent shared services agreement.
Any ordinances and provisions which are inconsistent in any way with the provisions hereof shall be deemed repealed or amended accordingly.