[HISTORY: Adopted by the Township Committee of the Township
of Montague 7-9-74. Section 37-8A amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
There is hereby adopted by the Township of Montague for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, that certain code known
as the "Fire Prevention Code" recommended by the American Insurance
Association, being particularly the 1970 Edition thereof as revised
November 1973, and the whole thereof, save and except such portions
as are hereinafter deleted, modified or amended, of which code not
less than three copies have been and now are filed in the office of
the Clerk of the Township of Montague and the same are hereby adopted
and incorporated as fully as if set out at length herein, and from
the date on which this chapter shall take effect, the provisions thereof
shall be controlling within the limits of the Township of Montague.
A.
The Fire Prevention Code shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the Township of Montague, which
Bureau is hereby established and which shall be operated under the
supervision of the Chief of the Fire Department.
B.
The Fire Marshal in charge of the Bureau of Fire Prevention shall
be appointed on a yearly basis by the Township Committee of the Township
of Montague after favorable recommendation by the Chief of the Montague
Township Fire Department.
[Amended 4-8-80 by Ord. No. 80-5]
C.
The Chief of the Fire Department may detail such members of the Fire
Department as inspectors as shall from time to time be necessary.
As used in this chapter and the code adopted hereby, the following
terms shall have the meanings indicated:
The Fire Marshal.
The Attorney for the Township of Montague.
The Township of Montague.
[Amended 10-14-80 by Ord. No. 80-17]
A.
The fire lanes referred to in Section 28:16 of the Fire Prevention
Code shall be established on private or public property where the
parking of motor vehicles or other obstructions may interfere with
the ingress or egress of Fire Department vehicles for the protection
of persons and property. This section is to apply to such areas as
shopping centers, restaurants, theaters, schools, churches, clubs
and other similar locations. The width, length, placement, location
and route of the fire lanes shall be specifically designated in each
case by the Fire Marshal. The fire lane shall be designated as such.
B.
Parking of any motor vehicle or otherwise obstructing a fire lane
shall be prohibited at all times.
The Fire Marshal shall have power to modify any of the provisions
of the Fire Prevention Code upon application in writing by the owner
or lessee, or his duly authorized agent, when there are practical
difficulties in the way of carrying out the strict letter of the code,
provided that the spirit of the code shall be observed, public safety
secured and substantial justice done. The particulars of such modification
when granted or allowed and the decision of the Fire Marshal thereon
shall be entered upon the records of the Department and a signed copy
shall be furnished the applicant.
Whenever the Fire Marshal shall disapprove, an application or
refuse to grant a permit applied for, or when it is claimed that the
provisions of the code do not apply or that the true intent and meaning
of the code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision to the Township Committee of the Township
of Montague within 30 days from the date of the decision appealed.
A.
The Building Inspector, the Chief of the Fire Department and the
Chief of the Bureau of Fire Prevention shall act as a committee to
determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies which shall
require permits, in addition to those now enumerated in said code.
B.
The Chief of the Bureau of Fire Prevention shall post such list in
a conspicuous place in his office and distribute copies thereof to
interested persons.
[Amended 9-14-76 by Ord.
No. 76-15]
A.
Any person who shall violate any of the provisions of the 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 any certificate or permit issued thereunder
and from which no appeal has been taken, shall severally for each
and every such violation and noncompliance, respectively, be guilty
of a violation of this chapter, punishable by a fine of not more than
$500 or by imprisonment for a period of not more than 90 days, or
by 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.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
