[3-20-2019 by Ord. No.
O-19-05[1]]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383)[2] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.)
shall be locally enforced in the Borough of Highlands.
[3-20-2019 by Ord. No.
O-19-05]
The Highlands Fire Department through its Bureau of Fire Prevention
shall hereinafter be known as the local enforcing agency.
[3-20-2019 by Ord. No.
O-19-05]
a.
The local enforcing agency shall enforce the Uniform Fire Code in
all buildings, structures, and premises within the established boundaries
of the Borough of Highlands 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.
[3-20-2019 by Ord. No.
O-19-05]
[3-20-2019 by Ord. No.
O-19-05]
[Amended 9-6-2023 by Ord. No. O-23-15]
The fire official shall be certified by the state and appointed
by the governing body after review of credentials submitted to the
Borough Administrator.
[Amended 9-6-2023 by Ord. No. O-23-15]
Inspectors and other employees of the enforcing agency shall
be appointed by the governing body after review of credentials submitted
to the Borough Administrator. All life hazard use inspectors shall
be certified by the state.
[Prior subsection 11-5.3 Appointment of Legal Counsel was
repealed 9-6-2023 by Ord. No. O-23-15.]
The fire official shall serve under the rules that govern the
Civil Service for public employment in New Jersey, set forth in the
Administrative Code at Title 4A.
The fire official, inspectors and other employees of the agency
shall be subject to removal by the governing body for just cause.
Before removal from office, all persons shall be afforded an opportunity
to be heard by the governing body or a hearing officer designated
by the same.
[3-20-2019 by Ord. No.
O-19-05]
a.
The Bureau of Fire Prevention established by § 11-2 of this chapter 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.
b.
Life hazard use fees established by the New Jersey Uniform Fire Code,
as established in N.J.A.C. 5:70-2.9(a), shall be followed.
[3-20-2019 by Ord. No.
O-19-05]
In addition to the registrations required by the Uniform Fire
Code, the following non-life-hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected once per year and
pay an annual fee. (The following is a recommended fee schedule for
non-life-hazard uses in the local enforcing agency's jurisdiction,
and shall be included in Subchapter 2 of the Uniform Fire Code, amended
by local ordinance; the fee schedule amount for each non-life-hazard
use may be amended to fit the needs of the local enforcing agency.
The fee is not to be used for life hazard uses as defined in the Uniform
Fire Code.)
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a.
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Assembly.
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A-1
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Eating establishment under 50
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$45
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A-2
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Takeout food service (no seating)
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$45
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A-3
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Church or synagogue
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$45
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A-4
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Recreation centers, multipurpose rooms, etc., fewer than 100
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$65
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A-5
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Court rooms, libraries, fraternal organizations, condominium
centers fewer than 100
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$65
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A-6
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Senior citizen centers fewer than 200
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$65
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b.
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Business/Professional.
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B-1
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Professional use 1 & 2 story less than 5,000 square feet
per floor
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$45
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B-2
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1 & 2 story more than 5,000 square feet less than 10,000
square feet per floor
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$65
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B-3
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1 & 2 story more than 10,000 square feet
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$90
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B-4
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3 to 5 story less than 5,000 square feet per floor
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$130
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B-5
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3 to 5 story more than 5,000 square feet less than 10,000 square
feet per floor
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$195
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B-6
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3 to 5 story over 10,000 square feet per floor
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$260
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c.
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Retail (Mercantile).
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M-1
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1 & 2 story less than 5,000 square feet per floor
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$160
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M-2
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1 & 2 story more than 5,000 square feet less than 10,000
square feet per floor
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$195
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M-3
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1 & 2 story more than 10,000 square feet per floor
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$225
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M-4
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3 to 5 story less than 5,000 square feet per floor
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$260
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M-5
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3 to 5 story more than 5,000 square feet less than 10,000 square
feet
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$290
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M-6
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3 to 5 story over 10,000 square feet
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$325
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M
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With the exception of hardware store 3,000 square feet, retail
store over 12,000 square feet are life hazard uses.
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d.
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Manufacturing (Factory).
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F-1
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1 & 2 story less than 5,000 square feet per floor
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$90
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F-2
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1 & 2 story more than 5,000 square feet less than 10,000
square feet per floor
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$130
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F-3
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1 & 2 story more than 10,000 square feet
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$195
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F-4
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3 to 5 story less than 5,000 square feet per floor
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$225
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F-5
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3 to 5 story more than 5,000 square feet less than 10,000 square
feet
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$260
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F-6
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3 to 5 story over 10,000 square feet
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$325
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F
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Exception life hazard uses.
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e.
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Storage S-1 (moderate hazard S-1, low hazard S-2).
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S-1
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1 & 2 story less than 5,000 square feet per floor
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$65
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S-2
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1 & 2 story more than 5,000 square feet less than 10,000
square feet per floor
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$130
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S-3
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1 & 2 story more than 10,000 square feet
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$195
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S-4
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3 to 5 story less than 5,000 square feet per floor
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$225
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S-5
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3 to 5 story more than 5,000 square feet less than 10,000 square
feet
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$260
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S-6
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3 to 5 story over 10,000 square feet
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$325
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S
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Exception life hazard uses.
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f.
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Residential (LEA listed with multifamily BHI) and common areas
in multifamily dwellings. Fee is for each building.
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R-1
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1 to 6 units
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$45
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R-2
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7 to 12 units
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$65
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R-3
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13 to 20 units
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$90
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R-4
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21 to 50 units
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$160
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R-5
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For each additional unit
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$5
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[3-20-2019 by Ord. No.
O-19-05; amended 3-18-2020 by Ord. No. O-20-08]
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CSDC-1
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More than 10 business days with a scheduled appointment
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$45
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CSDC-2
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4 to 9 business days with a scheduled appointment
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$90
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CSDC-3
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Less than 4 business days with a scheduled appointment
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$125
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CSDC-4
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If a scheduled appointment is not met by the owner/appointee
and/or there is a failure to have properly installed or have operating
smoke detectors in accordance with the Uniform Fire Code, a fee will
be added for each reinspection
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$25
|
[3-20-2019 by Ord. No.
O-19-05]
a.
The permit fees established by the New Jersey Uniform Fire Code,
as established in N.J.A.C. 5:70-2.9, shall be followed. Permits shall
be obtained from the fire official for any activities listed in N.J.A.C.
5:70-2.7. For issuance of such permits and on-site inspection(s),
the following fees shall be paid by the owner or applicant.
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PF-1
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TYPE-1
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$45
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PF-2
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TYPE-2
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$214
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PF-3
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TYPE-3
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$427
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PF-4
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TYPE-4
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$641
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b.
The fire official is empowered to issue special permits for activities
of a nonrecurring nature not covered in the permit sections of this
chapter. However, no such permit shall be granted without maximized
assurance of the safety of the public. The fees for such permits shall
be neither less than $54 nor more than $641 as deemed appropriate
by the fire marshal.
[3-20-2019 by Ord. No.
O-19-05]
a.
Smoke Detectors. In addition to those requirements mandated by the
Uniform Fire Code, the following are required within the Borough of
Highlands:
1.
Mixed Uses. Any mixed-use occupancy with apartments above or attached
shall have operating, hard-wired smoke detectors in all common areas
and hallways. These detectors shall all sound simultaneously when
any one detector is activated.
2.
New Construction. All new structures erected within the Borough of
Highlands shall comply with the smoke detector requirement of the
Uniform Construction Code or this chapter.
3.
Renovation of Existing Structures. Any existing structure renovated
or reconditioned in a dollar value in excess of 50% of its assessed
valuation (excluding land) shall comply with the installation requirements
for smoke detectors.
4.
One- and Two-Family Dwellings. Residential one- and two-family dwellings
shall not be sold or rented unless hard-wired smoke detection devices
are installed. Each dwelling unit shall have a minimum of one detector
for each level of occupancy and one placed at a distance not greater
than 15 feet from the main heating plant. In dwellings where the heating
plant is in a confined space, a fixed temperature detector (heat)
shall be utilized.
5.
Installation Requirements. The installation requirements for smoke
detectors shall conform to the standards of NFPA 72 and shall be approved
by the fire subcode official of the municipality.
6.
Tampering. It shall be unlawful to tamper with, disconnect, interrupt,
or remove from service any smoke detection device or smoke detection
alarm system without prior notice to, and approval of, the authority
having jurisdiction.
7.
Penalties. The penalty for any violation shall be $250 for the first
offense, $750 for the second offense, and $1,500 for each offense
thereafter.
b.
Blocking or Obstructing of Fire Hydrants or Fire Department Connections.
It shall be unlawful to obscure from view, damage, deface, obstruct,
or restrict access to any fire hydrant or Fire Department connection
used for the pressurization of Fire Department suppression systems.
Any person who shall at any time park a vehicle or in any other manner
obstruct a fire hydrant or Fire Department connection shall be fined
$125.
[3-20-2019 by Ord. No.
O-19-05]
a.
Various approvals issued by the Planning Board and/or Board of Adjustment
of the Borough of Highlands have required certain areas to be set
aside as fire zones aka fire lanes, which are used interchangeably
herein.
b.
Certain structures and uses have not heretofore had areas designated
as fire lanes, and it is desirable for the protection of life and
property for fire lanes to be established where practicable.
c.
N.J.A.C. 5:70 et seq. empowers the municipal fire official to create
fire zones, and sets forth procedures for creating the same, which
the Borough of Highlands adopts herein by reference.
a.
The owner or owners of property are hereby required to establish
and maintain fire lanes which may have heretofore been required or
in the future which may be required by the Planning Board and/or the
Board of Adjustment of the Borough of Highlands in connection with
approval of use, improvement and/or development of property in the
Borough of Highlands.
b.
With respect to any shopping centers, commercial structure, place
of public assembly, multiple dwelling structures and groups, individual
parks, office buildings, hotels, motels, schools, condominiums, cooperative
housing, nursing homes, homes for the physically or mentally impaired,
or any property and structure used for the purposes similar to the
aforesaid, the owner or owners of such property or properties upon
which any of the aforesaid activities take place for which fire lanes
have not heretofore been required and where practicable shall designate
areas as fire lanes where such fire lanes shall be required by the
Bureau of Fire Prevention for the Borough of Highlands within which
such property or activity is located.
The Highlands fire official is authorized to designate fire
lanes on private property in accordance with N.J.A.C. 5:70 et seq.
As used in this section:
A lane or zone no less than 10 feet in width nor more than
50 feet in length which runs from public streets or rights-of-way
to any improvement or structure and which may also run alongside or
abut such improvement or structure. Where strict enforcement of this
section may not be practicable, the Bureau of Fire Prevention may
allow deviation in the location and establishment of fire lanes.
Fire lanes shall be striped in yellow letters on paved surfaces
and bear the words "fire lane" or "fire zone" and in either event
shall also bear the words "no parking or obstruction." Curbs on edges
of fire zones shall be painted yellow. The Bureau of Fire Prevention
shall provide the owner with a sketch of the required markings and
location of any required signs. The said bureau shall require where
practicable metal signs setting forth the designation of "fire zones"
so as to inform the public of location of fire zones. Said markings
shall be legible at all times and shall be maintained by the owner
or owners of such property.
In establishing and requiring fire lanes, the Bureau of Fire
Prevention shall take into consideration the size, type and location
of the building or buildings on the premises regulated, the type of
activity or activities, the number of parking spaces which may be
required by law, traffic patterns, existing means of ingress and egress,
the total area of the premises and area available for fire lanes and
such other means of ingress to the structure or structures in the
event of fire or other emergency.
The purpose of establishing fire lanes is to allow access to
premises and structures in the event of a fire emergency for firefighting
and emergency vehicles and equipment.
No person shall at any time park a vehicle or in any other manner
obstruct a driveway or any other area that has been designated as
a fire zone or fire lane.
a.
Upon notice from the Bureau of Fire Prevention an owner or owners
of property wherein a fire lane has not heretofore been required shall
confer with the fire official or his agent of the Bureau of Fire Prevention
in order to establish a fire lane in accordance with this section.
After such conference or in the event the owner does not so confer,
the said fire official or his agent shall direct the establishment
of the fire zone.
b.
The fire official or his agent shall give written notice to the owner
or owners specifically setting forth the location or dimensions of
the required fire zone. Such notice shall be by registered or certified
mail, or by hand delivery. The owner or owners may appeal from the
requirements of said notice by filing a notice of appeal with the
clerk of the Monmouth County Board of Construction Appeals, and said
clerk shall schedule a hearing thereon.
c.
In the event no such appeal is filed within 14 calendar days of the
date of said notice from the supervisor, the owner or owners shall
establish the fire zone within 30 days of the date of said notice.
d.
In the event an appeal is taken in accordance with the aforesaid
to the Monmouth County Board of Construction Appeals and a decision
is rendered requiring the establishment of a fire zone, the Monmouth
County Board of Construction Appeals shall give written notice of
its decision by mailing the same by certified mail/return receipt
requested to the owner, and the owner shall, within 30 days of mailing
of notice, establish a fire zone as required by the Monmouth County
Board of Construction Appeals.
a.
Obstruction of Fire Lane. Any person who shall at any time park a
vehicle or in any other manner obstruct a fire zone or fire lane shall
be fined $125. There shall be no court appearance required, unless
the said individual wishes to plead not guilty. If the individual
chooses to contest this fine, he/she may plead his case in the municipal
court of the Borough of Highlands.
b.
Failure to Comply. Any owner or owners of property who fail to comply
with the terms of this section shall be subject to a fine of up to
$150 a day, together with court costs, enforceable in the Municipal
Court of the Borough of Highlands.
c.
Fees and Expenses. In addition to the aforesaid, any owner or owners
in violation of this section shall be subject to such legal and equitable
relief as is allowed by law, in which case such owner or owners shall
be responsible for the payment of reasonable attorney fees and court
costs, together with all other expenses incurred to enforce the provisions
of this section.
d.
Fines. All remedies and fines provided in this section shall be cumulative
and not in exclusion of each other and shall be deposited in the Bureau
of Fire Prevention of the Borough of Highlands account.
The Bureau of Fire Prevention and the Police Department of the
Borough of Highlands are hereby authorized to enforce this section.
The bureau of Fire Prevention and the Police Department of the
Borough of Highlands are hereby authorized to tow and remove motor
vehicles and all obstructions from any fire zone and/or fire lane.
All such motor vehicles and/or obstructions which are so removed may
be stored, and the cost of removal and storage shall be charged to
the owner of the vehicle and/or other obstruction, and the charges
shall be paid prior to the release of said vehicle or obstruction.
Reasonable steps shall be taken to identify the owner of the vehicle
or vehicles or obstruction or obstructions removed, and to give the
owner notice as soon as conveniently may be done of the removal and
storage of such vehicle or obstruction.
[3-20-2019 by Ord. No.
O-19-05]
The owner or tenant of any lands lying within the Borough where
it shall be necessary and expedient for the preservation of the public
health, safety, general welfare or elimination of fire hazards to
remove from such lands or dwellings brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash, and debris
shall within 10 days after notice remove the same.
If the owner or tenant refuses or neglects to remove the same
within the time provided above, the Borough shall provide for the
removal of same.
a.
If the same is removed by the Borough, such officer shall certify
the cost thereof to the Mayor and Council who shall examine the certificate
and if found correct shall cause the cost as shown thereon to be charged
against the lands or dwellings and the amount so charged shall become
a lien upon the lands or dwellings and shall be added to and become
and form part of the taxes next to be assessed and levied upon such
lands or dwellings and to bear interest at the same rate as taxes
and be collected and enforced by the same officers and in the same
manner as taxes.
b.
In addition to the provisions set forth above any person who shall
violate the terms of this section shall, upon conviction thereof,
be subject to punishment by a fine not to exceed $500, or by imprisonment
not exceeding 15 days, or both, in the discretion of the court.
For the purpose of this section, the County of Monmouth through
any designated official is hereby appointed as an officer of the Borough
empowered to carry out this section on all county roads and at all
intersections with county roads.
All boats which are stored within the Borough, either privately
or within a marina, are to be stored a minimum of five feet from adjoining
property lines.
