[Ord. No. 08-16 § 9B-1]
That certain code described and commonly known as the "New Jersey
Uniform Fire Code" (N.J.A.C. 5:70-1.1 et seq.) ("Code"), as may be
amended subsequent thereto, setting forth minimum requirements and
controls to safeguard life, property or public welfare from the hazards
of fire and explosion arising from the storage, handling or use of
substances, materials or devices and from conditions hazardous to
life, property or public welfare in the use or occupancy of buildings,
structures, sheds, tents, lots or premises, is hereby adopted as the
Fire Prevention Code for the Borough of Pitman.
[Ord. No. 08-16 § 9B-2]
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192, et seq., was
enacted for the purpose of establishing a system for the enforcement
of minimum fire safety standards through the State of New Jersey.
The Uniform Fire Safety Act authorizes municipalities to provide for
local enforcement and to establish local enforcement agencies for
that purpose; and it is in the best interest of the Borough of Pitman
to have the Uniform Fire Safety Act enforced locally.
[Ord. No. 08-16 § 9B-3]
Pursuant to the Uniform Fire Safety Act, the New Jersey Uniform
Fire Code shall be locally enforced in the Borough of Pitman.
[Ord. No. 08-16 § 9B-4]
The local enforcing agency within the entire jurisdiction boundaries
of the Borough of Pitman shall be the Pitman Fire Department-Bureau
of Fire Safety, which shall consist of the Fire Official and his staff.
[Ord. No. 08-16 § 9B-5]
The local enforcing agency shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted under it in all buildings,
structures and premises within the boundaries of the Borough of Pitman,
other than owner-occupied one-and two-family dwellings, and shall
faithfully comply with the requirements of the Uniform Fire Safety
Act and Uniform Fire Code.
[Ord. No. 08-16 § 9B-6]
The local enforcing agency established by Subsection 11-1.4 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 Community Affairs.
[Ord. No. 08-16 § 9B-7]
The local enforcing agency established by Subsection 11-1.4 of this chapter shall be a part of the Pitman Fire Department and shall be under the supervision of the Fire Official, who shall report to the Board of Fire Engineers of the Pitman Fire Department.
[Ord. No. 08-16 § 9B-8; Ord. No. 10-22]
a.
The local enforcing agency shall be under the direct supervision
of the Fire Official, who shall be appointed by the Borough Council
with the recommendation of the Board of Fire Engineers of the Pitman
Fire Department. The Fire Official shall be responsible for enforcing
not only the Uniform Fire Code but also the Municipal Fire Safety
Enforcement Code.
b.
Inspectors and Employees. The Borough Council, with recommendation
of the Board of Fire Engineers, shall appoint such inspectors and
employees as may be necessary to carry out all required inspection
activity in the Fire Safety Office. Such inspectors and employees
shall be under the supervision and control of the Fire Official.
c.
Term of Office. The Fire Official shall be appointed for a term of
four years. Any vacancy shall be filled for the unexpired term. Upon
commencement of a second term, the fire official shall be granted
tenure. Inspectors shall be appointed for a term of one year. Upon
commencement of a fourth term, such inspector shall be granted tenure.
d.
Removal from Office. The Fire Official, inspectors and other employees
of the enforcing agency shall be subject to removal by the Board of
Fire Engineers for inefficiency or misconduct. Each employee to be
so removed shall be afforded an opportunity to be heard by the appointing
authority or a designated hearing officer.
[Ord. No. 08-16 § 9B-9]
Pursuant to N.J.S.A. 52:27D-127, any person aggrieved by any
order of the local enforcing agency shall have the right to appeal
to the Gloucester County Construction Board of Appeals.
[Ord. No. 08-16 § 9B-10; Ord. No. 3-2016]
a.
Use Group Annual Inspections and Fees. In addition to the inspection
and fees required pursuant to the Act and the regulations of the Department
of Community Affairs, the following additional annual inspections
and fees shall be required for non-life-hazards:
1.
Business:
[Amended 2-11-2019 by Ord. No. 5-2019]
|
Use Group
|
Description
|
Annual Fee
|
|---|---|---|
|
B-1
|
Business establishments having a gross floor area of 500 square
feet or less
|
$50
|
|
B-2
|
Business establishments having a gross floor area of 501 square
feet to 1,500 square feet
|
$60
|
|
B-3
|
Business establishments having a gross floor area of 1,501 square
feet to 3,500 square feet
|
$80
|
|
B-4
|
Business establishments having a gross floor area of 3,501 to
12,000 square feet
|
$135
|
|
B-5
|
Business establishments 3-5 stories in height and having a gross
floor area of less than 3,500 square feet
|
$200
|
|
B-6
|
Business establishments 3-5 stories in height and having a gross
floor area of 3,501 square feet or greater
|
$300
|
|
B-7
|
Business/multiple business occupancy shall include all buildings
and structures or parts thereof which are used for the purposes that
meet the requirements of use Group B and which comprise a multiplicity
of rooms, suites or areas to accommodate multiple business occupancies,
not to exceed 30 in number, which are rented from a common owner.
The owner, who shall control access to all areas, shall provide basic
services as are needed for the tenants to conduct their business,
at their option. These services may include but are not limited to
clerical, phone answering and message taking, photocopying and reproduction,
mail services, security and secretarial and stenographers.
|
$400
|
2.
Mercantile:
[Amended 2-11-2019 by Ord. No. 5-2019]
|
Use Group
|
Description
|
Annual Fee
|
|---|---|---|
|
M-1
|
Mercantile establishments having a gross floor area of 500 square
feet or less
|
$50
|
|
M-2
|
Mercantile establishments having a gross floor area of more
than 501 square feet to 3,500 square feet
|
$80
|
|
M-3
|
Mercantile establishments having a gross floor area of more
than 3,501 square feet to 12,000 square feet
|
$135
|
|
M-4
|
Mercantile establishments 3-5 stories in height having gross
floor area less than 3,500 square feet
|
$200
|
|
M-5
|
Mercantile establishments 3-5 stories in height having gross
floor area 3,501 square feet or greater
|
$300
|
3.
Factory:
|
Use Group
|
Description
|
Annual Fee
|
|---|---|---|
|
F-1
|
Factories having a gross floor area of less than 12,000 square
feet
|
$250
|
4.
Residential:
|
Use Group
|
Description
|
Annual Fee
|
|---|---|---|
|
R-2A
|
Multiple-family dwellings having three dwelling units
|
$125 per bldg.
|
|
R-2B
|
Multiple-family dwellings having four to six dwelling units
|
$150 per bldg.
|
|
R-2C
|
Multiple-family dwellings having seven to ten dwelling units
|
$200 per bldg.
|
|
R-2D
|
Multiple-family dwellings having eleven or more dwelling units
|
$300 per bldg.
|
|
R-3
|
Non-owner occupied one- and two-family dwellings
|
$75
|
5.
Storage:
|
Use Group
|
Description
|
Annual Fee
|
|---|---|---|
|
S-1
|
Buildings used for storage with a gross floor area of less than
2,500 square feet
|
$200
|
|
S-2
|
Buildings used for storage with a gross floor area of 2,501
square feet or more, but less than 12,000 square feet
|
$250
|
b.
Fire Safety Use Groups Defined. For the purposes of uniformity, use
groups of all buildings contained in this section of this chapter
shall be defined using the 2015 International Building Code. Such
buildings shall be subject to the registration and periodic inspection
requirements established by this chapter. Where two or more fire-safety
uses exist at the same building or premises, each one shall be considered
as separate and distinct for the purposes of this chapter and shall
be registered pursuant to the provisions of this chapter.
[Amended 2-11-2019 by Ord. No. 5-2019]
c.
Doubtful Fire-Safety Use Classification. When a building or structure
is not specifically classified within a fire-safety use group, such
building or structure shall be included in the fire-safety use group
it most nearly resembles in respect to the existing life and fire
hazard, and it shall be so classified by the Fire Official.
d.
Vacant Buildings. The annual inspection fee for all vacant buildings
shall be in accordance with the previous use of the building.
e.
Required Inspections. All fire-safety uses shall be inspected annually
for compliance with the provisions of this chapter and the Uniform
Fire Safety Act. When in the opinion of the Fire Official there exist
conditions likely to cause fire, contribute to the spread of fire,
interfere with fire-fighting operations, endanger life or violate
the provisions or intent of this chapter, additional inspections may
be made as often as necessary for the purpose of ascertaining these
conditions and causing them to be corrected.
f.
Payment of Fees; Term of Registration. The owner of the building
is responsible to register and pay the fee for buildings containing
common or public areas. The tenant/occupant is responsible to register
and pay the fee for the space occupied by the tenant/occupant. All
registrations will be for a period of one year and are not subject
to refund or proration.
g.
Registration of Buildings Required; Application; Time for Payment.
1.
Every owner or tenant/occupant subject to this section shall file
with the local enforcing agency, using forms provided by the local
enforcing agency, for a certification or registration. The application
shall include but not be limited to the name, address and telephone
number of the applicant; name, address and telephone number of the
business; owners of the business; description of the business; the
name, address and telephone number of the person responsible for the
business; and emergency contact information as requested.
2.
If the owner or tenant/occupant subject to this chapter fails to
complete the registration within 30 days of the date on which it was
mailed, the local enforcing agency shall order the owner or tenant/occupant
to pay a penalty equal to double the scheduled registration fee.
3.
Every owner or tenant/occupant subject to this chapter shall pay
to the local enforcing agency an annual registration fee in the amount
specified in this chapter. Said annual registration fee shall be paid
by the date specified in the invoice, which shall in no event be less
than 30 days from the date on which it was mailed.
h.
Enforcement. If any annual registration fee or any penalty for non-registration
is not paid within 30 days of its stated due date, the same may be
sued for and recovered by and in the name of the local enforcing agency
in a civil action by a summary proceeding under the Penalty Enforcement
Law (N.J.S.A. 2A:58-10 et seq.) in the Borough of Pitman Municipal
Court.
[Ord. No. 08-16 § 9B-1; Ord. No. 3-2016]
b.
Local permits: $54.
Permits shall be obtained from the Fire Official for any of
the listed activities or uses. Permits shall at all times be subject
to inspection by the Fire Official. The following shall be classified
as local permits in addition to those prescribed within the Uniform
Fire Code:
[Amended 2-11-2019 by Ord. No. 5-2019]
1.
Asphalt (tar) Kettles: No person, firm or corporation shall use or
fire any asphalt (tar) kettle without first obtaining a permit from
the Fire Official.
2.
Liquefied Petroleum Gas (LPG) or Liquefied Natural Gas (LNG): A permit
shall be obtained from the Fire Official for the storage, handling
or sale in any occupancy other than residential of liquefied petroleum
gas or liquefied natural gas utilizing storage containers with an
aggregate water capacity exceeding one gallon or when utilized, or
offered as a fuel source for portable cooking, portable heating or
flame producing devices or in the transfer or conversion of LPG/LNG
process.
3.
Mobile food vendors when flammable liquids or liquefied petroleum
gas are utilized for food preparation or warming.
4.
Flammable or Combustible Liquids: A permit shall be obtained from
the Fire Official for the storage or handling of Class II or Class
IIIA combustible liquids in closed containers of aggregate amounts
of more than five gallons of Class I flammable liquids but less than
25 gallons inside a building, or more than 10 gallons but less than
60 gallons outside a building in above ground containers.
Exception: Fuel oil tanks for heating one- and two-family dwellings,
up to 660 gallons in capacity.
5.
The occasional use of any room in a multi-purpose building with a
maximum permitted occupancy of less than 100 persons for amusement,
entertainment or mercantile purposes.
6.
Any activity utilizing open flame on any public property.
c.
No permit fee shall be charged to a nonprofit organization as defined
by and in compliance with the New Jersey Charitable Registration and
Investigation Act of 1994 (N.J.S.A. 45:17A-18 et seq.).
[Ord. No. 08-16 § 9B-12; Ord. No. 3-2016]
a.
Variance review fee: $35
Any building application which requests or involves a variation
from the requirements of the Uniform Fire Code shall be accompanied
by an additional fee in the amount as stated above to cover review
and administrative costs relating to the requested variance.
b.
Fire Code status fee: $35
Pursuant to N.J.A.C. 5:70-2.18, upon the request of the owner
or bona fide purchaser of a building or structure, the Fire Official
shall issue a certificate either enumerating the violations indicated
by its records to be unabated and the penalties or fees indicated
to be unpaid or stating that its records indicated that no violations
remain unabated and no penalties or fees remain unpaid. Such request
shall be in writing and accompanied by the fee as stated above.
c.
Fire report fee: $25
d.
Reproduction of photographs, cassette tapes, video tape, information
on diskette or CD, or computer generated picture: Actual costs
e.
Civil court appearance and depositions. Any employee or volunteer
member of the Pitman Bureau of Fire Safety subpoenaed to testify in
civil court or at a deposition shall appear, and compensation shall
be made as follows:
$175 per hour, $700 minimum four hour block, and $0.53 per mile,
plus tolls, for distances exceeding 25 miles.
f.
Site Plan Review Fee: $100.
[Ord. No. 08-16 § 9B-13; Ord. No. 3-2016]
a.
The following sections of the State Fire Prevention Code are modified
as follows:
1.
The following additional language shall be added at the end of Paragraph F-307.1: "All open burning shall comply with the New Jersey State Department of Environmental Protection Agency, Title 7, Chapter 27, Subchapter 2, Control and Prohibition of Open Burning."
2.
Paragraph F-503.1.1 is deleted in its entirety and the following
paragraph substituted therefor:
F-503.1.1 Designation: The Fire Official may require and designate
public or private fire lanes and/or fire zones as deemed necessary
for the efficient and effective uses of fire apparatus. Unless stated
to the contrary, the phrases "fire lanes" and "fire zones" shall be
identical in meaning and used interchangeably.
3.
A new paragraph F-503.1.1 is added to read as follows:
F-503.1.1 Designated fire lanes and fire zones:
(a)
Reserved for designated fire lanes.
(b)
Unless another penalty is expressly provided for by New Jersey
statutes, any person convicted of a violation of the provisions of
this section shall be subject to a fine of $100 and, in addition thereto,
the Police Department of the Borough of Pitman shall have the authority
to cause said vehicle found in violation to be towed and stored at
the expense of the owner.
(c)
On all future commercial establishments, including apartments,
the Planning Board shall require the applicant to submit a copy of
the plans to the Bureau of Fire Safety for its review and recommendations
regarding fire lanes. The Planning Board shall consider the advice
of the Bureau of Fire Safety when determining the placement of fire
lanes at each such establishment. Final approval of the plans shall
require that the applicant request adoption by the Governing Body
of an ordinance designating the agreed-upon fire lanes.
(d)
The signs and painting designation required hereunder shall
be provided by the owner of the respective establishments covered
by this chapter at his or its expense and shall, in any event, be
completed before the certificate of occupancy is issued. If not so
completed, the Borough of Pitman may take the necessary steps to obtain
compliance and bill owner for the reasonable cost thereof.
(e)
The parking regulations applicable to said designated fire lanes
shall be enforced by the Fire Official and staff or the Pitman Police
Department.
4.
A new Paragraph F-308.4.2 is added to read as follows:
F308.4.2 Outdoor fires: No person shall operate or use or maintain
any open fire or any device commonly known as a "barbecue" in or on
any apartment unit, porch, balcony, covered patio area or any other
private area of an apartment or multiple-family dwelling unit. The
Fire Official may, upon application made, exempt any person from the
provisions of this section, provided that the request is made in writing
and the Fire Official certifies that the procedures are safe with
regard to fire protection and fire prevention standards, which standards
are incorporated in the Fire Prevention Code. Devices known as "fire
pits" or "chimineas" may be deemed unsafe and ordered taken out of
service by the Fire Official or his designee on a case-by-case basis.
[Amended 2-11-2019 by Ord. No. 5-2019]
5.
A new Paragraph F-313.2.1 is added to read as follows:
F-313.2.1 Storage or parking of internal combustion engine vehicles:
No person shall store or park or cause to store or park any internal
combustion engine vehicle, including but not limited to those commonly
known as "motorcycle," "moped," "go-cart," "dirt bike," "lawn mower,"
"snow blower," etc., in or on any apartment unit porch, balcony, covered
patio area, entrance, exit or any other private area of an apartment
or multiple dwelling unit.
6.
Paragraph F-912.5 is deleted in its entirety and the following paragraph
substituted therefor:
F-912.5 Signs: All signs required to identify fire protection
equipment and equipment locations shall be constructed of durable
materials, permanently installed and readily visible. Letters and
numbers shall be white in color and no less than four inches in height,
the sign background being red in color and have a size of no less
than 20 inches wide by 12 inches in height to permit the sign to be
read easily.
[Amended 2-11-2019 by Ord. No. 5-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
a6, which added a new Paragraph F-505.3, and redesignated former Subsection
a7 as Subsection a6.
[Ord. No. 08-16 § 9B-14]
The Fire Chief, or duly authorized representatives, as may be
in charge at the scene of a fire or other emergency involving the
protection of life and/or property is empowered to direct such operations
as may be necessary to extinguish or control any suspected or reported
fires, gas leaks or other hazardous conditions or situations, provide
emergency medical care or take any other action necessary in the reasonable
performance of his duty. The Fire Chief may prohibit any person, vehicle
or object from approaching the scene and may remove or cause to removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Chief may remove
or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Chief.
[Ord. No. 08-16 § 9B-15]
It shall be unlawful to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of or block the path of travel of any Fire Department emergency vehicle
in any way, or to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or hamper any Fire Department operation.
[Ord. No. 08-16 § 9B-14]
A person shall not willfully fail or refuse to comply with any
lawful order or direction of the Fire Official or Fire Chief or to
interfere with the compliance attempts of another individual.
[Ord. No. 08-16 § 9B-15]
A vehicle shall not be driven or propelled over any unprotected
fire hose of the Fire Department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the Fire Chief or his designee in command of said operation.
[Ord. No. 08-16 § 9B-16]
A person shall not, without proper authorization from the Fire
Chief in charge of said Fire Department emergency equipment, cling
to, attach himself to, climb upon or into, board or swing upon any
Fire Department emergency vehicle, whether the same is in motion or
at rest, or sound the siren, horn, bell or other sound-producing device
thereon, or manipulate or tamper with or attempt to manipulate or
tamper with any levers, valves, switches, starting devices, brakes,
pumps or any equipment or protective clothing on or a part of any
Fire Department emergency vehicle.
[Ord. No. 08-16 § 9B-17]
It shall be unlawful for any person to damage or deface or attempt
or conspire to damage or deface any Fire Department emergency vehicle
at any time or to injure or attempt to injure or conspire to injure
Fire Department personnel while performing departmental duties.
[Ord. No. 08-16 § 9B-18]
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire-suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes or on private property.
[Ord. No. 08-16 § 9B-19]
A person shall not use or operate any fire hydrant intended
for use of the Fire Department for fire-suppression purposes unless
such person first secures a permit for such use from the Fire Official
and the water company having jurisdiction. This section shall not
apply to the use of such hydrants by a person employed by and authorized
to make such use by the water company having jurisdiction.
[Ord. No. 08-16 § 9B-20]
The Fire Official shall recommend to the Superintendent of Public
Works or his designee the location or relocation of new or existing
fire hydrants and the replacement or replacement of inadequate water
mains located upon public property and deemed necessary to provide
an adequate fire flow and distribution pattern. A fire hydrant shall
not be placed into or removed from service until approved by the Fire
Official.
[Ord. No. 08-16 § 9B-21]
A person shall not sell, trade, loan or give away any form,
type or kind of fire extinguisher which is not approved by the Fire
Official or which is not in proper working order or the contents of
which do not meet the requirements of the Fire Official. The requirements
of this section shall not apply to the sale, trade or exchange of
obsolete or damaged equipment for junk when said units are permanently
disfigured or marked with a permanent sign identifying the unit as
junk.
[Ord. No. 08-16 § 9B-22]
A person or persons shall not erect, construct, place or maintain
any bumps, fences, gates, chains, bars, pipes, wood or metal horses
or any other type of obstruction in or on any street within the boundaries
of the municipality unless approved by the Fire Official.
[Ord. No. 08-16 § 9B-23;
amended 2-11-2019 by Ord. No. 5-2019]
Smoke alarms for one-family and two-family dwellings; carbon
monoxide alarms. R-3 and R-4 dwellings shall be installed in accordance
with N.J.A.C. 5:70-4.19. Inspection fee shall be in accordance with
N.J.A.C. 5:70-2.9(d).
a.
The application fee for a certificate of smoke alarm, carbon monoxide
alarm, and portable fire extinguisher compliance (CSACMAPFEC), as
required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time
remaining before the change of occupant is expected, as follows:
1.
Requests for a CSACMAPFEC received 11 or more 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;
3.
Requests for a CSACMAPFEC received fewer than four business days
prior to the change of occupant: $161;
4.
A fee of $35 shall be assessed for the second required re-inspection
or greater. There shall be no additional fee charged for the first
re-inspection.
[Ord. No. 08-16 § 9B-24]
Residential structures to have portable fire extinguishers (N.J.S.A.
52:27D-198.1). Each structure, other than a seasonal rental unit,
shall also be equipped with at least one portable fire extinguisher
in conformance with rules and regulations promulgated by the Commissioner
of Community Affairs pursuant to the "Administrative Procedure Act,"
P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.). For the purposes of
this section, "portable fire extinguisher" means an operable portable
device, carried and operated by hand, containing an extinguishing
agent that can be expelled under pressure for the purpose of suppressing
or extinguishing fire, and which is: 1) rated for residential use,
consisting of an ABC type; 2) no larger than a ten-pound-rated extinguisher;
and 3) mounted within 10 feet of the kitchen area, unless otherwise
permitted by the enforcing agency. "Seasonal rental unit" means a
dwelling unit rented for a term of not more than 125 consecutive days
for residential purposes by a person having a permanent residence
elsewhere, but shall not include use or rental of living quarters
by migrant, temporary or seasonal workers in connection with any work
or place where work is being performed.
[Ord. No. 08-16 § 9B-25]
a.
Fire apparatus units will require staffing of no less than two firefighters
and one officer per fire apparatus or no more than three firefighters
and one officer, at the discretion of the Fire Chief. Whenever three
or more of any type of fire units are to be used in coordination,
a chief officer will be required to accompany the assignment.
b.
The following fee shall be charged for each hour of use. All fees
shall be based on departure and return to the station to which the
apparatus is assigned.
|
Use
|
Fee (per hour)
|
|---|---|
|
Fire apparatus
|
$200
|
|
Chief officer
|
$100
|
|
Line officer
|
$75
|
|
Fire fighter
|
$50
|
|
Inspector
|
$50
|
c.
Such fees shall only be applied for those uses of services outside
of the normal scope of duties of the Fire Department or upon determination
that use of the Fire Department resources was required due to gross
deliberate negligent or willful criminal conduct.
[Ord. No. 0816 § 9B32; Ord. No. 3-2016]
Violators of this section shall be subject to penalties as set
forth in the Uniform Fire Code, N.J.A.C. 5:702.12.
[Ord. No. 08-16 § 9B-26]
The Bureau of Fire Safety of the Pitman Fire Department shall
require the owner, tenant, and/or occupant(s) of the following types
of building(s) or structure(s) to have installed on their building(s)
or structure(s) a rapid-entry key box, to be located in an accessible
location, as determined by the Fire Official:
a.
All hotels, motels or multiple dwellings that are occupied throughout
the day or night and have common corridors to living units or spaces.
b.
Any property that utilizes a locked gate to control vehicle access
to the property.
c.
All structures protected by an automatic alarm system or automatic
fire-suppression
d.
Any building equipped with an elevator.
e.
Any structure deemed by the Fire Official that would be difficult
to access because of secured openings.
f.
Exception: Any property protected by on-site 24 hour, seven days-a-week
security guard service, maintenance or nursing staff. One- and two-family
dwellings.
[Ord. No. 08-16 § 9B-27]
The type of rapid-entry-key-box system to be installed shall
be approved by The Bureau of Fire Safety prior to the purchase of
same. The Bureau of Fire Safety may request, and the owner of the
building or structure concerned shall provide, two sets of keys for
the following areas within the building or structure: pass or master
keys, as may be available; boiler rooms; sprinkler rooms and control
valves; fire alarm control panel; electrical rooms; elevators and
elevator control rooms; and such other room(s) or door(s) requested
by the Fire Department where entry may be required.
[Ord. No. 08-16 § 9B-28]
In addition to keys, combination access codes for locks and
doors shall be stored within the rapid-key-box-entry system. Material
safety data sheets, emergency contact numbers and other pertinent
information as may be deemed necessary to deal with emergencies at
the site may be required to be within the rapid-key-box-entry system
as well.
[Ord. No. 08-16 § 9B-29]
All new buildings meeting the criteria of Subsection 11-3.1, constructed after the effective date of this section, shall have a rapid-entry key box installed and operational prior to issuance of certificate of occupancy, and all existing buildings, within 365 days of the effective date of this section, shall be provided with a rapid-entry key box.
[Ord. No. 08-16 § 9B-30]
Notwithstanding the provisions of any other section, no official,
employee or member of the Bureau of Fire Safety or Fire Department
shall request, nor shall an owner be required to provide, a key to
any self-contained, individual living space area, unit or room.
[Ord. No. 08-16 § 9B-31]
The owner or operator of any occupancy or structure that requires
a rapid-entry-key-box system shall be required to have kept therein
updated keys and documents for all locks and structures as required
at all times.
[Ord. No. 08-16 § 9B-32]
Violators of this section shall be subject to penalties as set
forth in the Uniform Fire Code, N.J.A.C. 5:70-2.12.
[Ord. No. 08-16 § 9B-33]
Numerous persons currently transmit fire alarms to the Municipality
by one or more various means referred to as "systems" in this section.
By transmitting fire alarms to the Municipality, such persons engage
in a relation with the Municipality, which relation imposes reciprocal
duties, responsibilities and obligations on such persons. The number
of false alarms transmitted by these fire alarm systems is troublesome,
burdensome and costly to the Municipality, its Fire Department, its
fire-fighting personnel and its taxpayers. A need exists to curtail
such false alarms. Local regulations by way of this section will serve
to do so.
[Ord. No. 08-16 § 9B-34]
The purpose of this section is to provide for regulation of
the installation, operation and maintenance of certain fire alarm
systems within the Municipality, to regulate related conduct, to provide
for enforcement and to provide administrative charges and other effective
sanctions for false alarms and penalties for violations of this section.
[Ord. No. 08-16 § 9B-35]
As used in this section:
Shall mean an independent alarm-monitoring system, which
has not been disapproved by the Bureau of Fire Safety as capable of
verifying alarms, identifying actual fire alarms and distinguishing
them from noise, movement, radiation, other kinds of emanations and
signals and other kinds of alarms, and which has agreed, in writing,
with the enforcing agency to retransmit only verified fire alarms
and only to the fire communications central dispatch.
Shall mean a device which emits an audible signal from the
premises the device is designed to protect.
Shall mean a device connected to an independent alarm-monitoring
firm or entity and requiring further telephone communication for fire
response.
Shall mean a device which, when actuated, causes a recorded
message to be transmitted, via telephone, to the Municipality's
designated fire communications central dispatch requesting fire response.
Shall mean Pitman Fire Department, Bureau of Fire Safety.
Shall mean either a signal, message or warning transmitted
to the Municipality's fire communications central dispatch indicating
a fire condition, or an emission of an audible, visual or electronic
transmission of any signal, message or warning intended to summon
the services of firefighting personnel or apparatus, which signal,
message or warning is activated by a cause other than one for which
the transmitting system is specifically designed to respond, at a
time when no fire exists.
Shall mean performs installation, service, repair and/or
maintenance on a fire alarm system and its component parts and is
certified by the Division of Fire Safety, State of New Jersey.
Shall mean any mechanical, electrical or electronic device
which is designed or used for alerting others about the existence
of any condition requiring the response of fire personnel and which
emits and/or transmits a signal or message to one or more locations
off the premises when actuated. Alarm systems include, but are not
limited to direct-dial alarms, audible alarms, central station alarms
and subscriber alarms.
Shall mean the Gloucester County Emergency Response Center
and such other future agency as the Municipality may utilize.
Shall mean the duly appointed Chief of the Pitman Fire Department.
Shall mean any duly appointed line officer of the Pitman
Fire Department.
Shall mean the duly appointed Fire Official pursuant to Municipal
ordinances; manages the daily affairs of the enforcing agency (The
Bureau of Fire Safety).
Shall mean inhabited by one or more individuals, whether
on a continual or an occasional basis, and includes times when no
individual is upon or within premises occasionally inhabited.
Shall mean an individual, corporation, partnership or other
entity.
Shall mean the Pitman Police Department.
Shall mean the Borough of Pitman in the County of Gloucester.
Shall mean the procedure of initiating telephone contact
upon receipt of a fire alarm with the protected premises to ascertain
whether the fire alarm is authentic or is caused by accidental activation
or alarm equipment failure or malfunction. If telephone contact by
the approved central station with the protected premises cannot be
made within four telephone rings, or if telephone contact is made
but authentication of a fire alarm cannot be made within 45 seconds,
then the approved central station shall immediately retransmit the
fire alarm to the fire communications central dispatch.
[Ord. No. 08-16 § 9B-36]
[Ord. No. 08-16 § 9B-37]
a.
Every person intending to install or cause to be installed, whether
upon his premises or upon the premises of another, a fire alarm system
within the Municipality shall file with the applicable enforcing agency,
upon a form provided by the enforcing agency, an application for a
certificate of registration for the fire alarm system. Each application
shall include at least the following information and such additional
information as the enforcing agency may prescribe:
1.
The name, street address, mailing address and telephone number of
the applicant.
2.
If the applicant is an incorporated or unincorporated entity, the
name, street address, mailing address and telephone number of the
employee responsible for the installation and maintenance of the fire
alarm system.
3.
A description of the place where the fire alarm system is to be installed,
including the street address and the location within the building.
4.
The name, address, and telephone number of the person who will install
the fire alarm system.
5.
The name, address and telephone number of the person who will maintain
and service the fire alarm system. A copy of every service agreement
and every maintenance agreement shall be furnished to the enforcing
agency before a certificate of registration will be issued.
6.
The name, residential addresses and residential telephone numbers
of at least two persons living in the County of Gloucester who will
respond upon notification to alarms outside of usual business hours.
b.
The certificate of registration for the system will be issued by
the enforcing agency when the following items in Subsections 1, 2
and 3 below have been delivered to the enforcing agency and Subsection
4 below shall have been completed:
1.
Evidence of approval of the application or evidence of a construction
permit issued for the relevant building by the Municipal Code Enforcement
Official.
2.
A certificate from the installer of the fire alarm system that the components and the system are listed by a recognized agency; the components are compatible with each other; the system has been properly installed and tested by certified technicians; the system is functioning properly in all respects; and the installer has a maintenance or service contract with the owner of the system. A copy of the contract shall have been furnished as provided in Subsection a5 above
3.
A written agreement by the owner of the system with the enforcing
agency that the owner will properly maintain the system or, upon proper
order of the enforcing agency, disconnect the portion of the system
which transmits any fire alarm beyond the owner's premises, and
keep in force a valid maintenance or service contract with a New Jersey
Division of Fire Safety-certified fire alarm service company.
4.
Review and approval of the system plans, operation and installation
by the enforcing agency.
5.
Documentation that all competent staff and family members have been
trained by the fire alarm installer in the operation of the fire alarm
system, including knowledge of keypad entry codes, passwords, restoring
or re-setting the system after an alarm, procedures for placing the
system in test and precautions to avoid a false alarm.
6.
Proof of an active telephone land line at the protected premises
separate from any telephone circuit utilized for transmitting alarm
signals.
7.
Effective January 1, 2006, all persons engaged in the installation
or service of fire alarms systems, kitchen fire-suppression systems,
fire sprinkler systems and special-hazard fire-suppression systems
shall be certified pursuant to the provisions of N.J.A.C. 5:73-2.3(d).
8.
Every fire alarm system installer, contractor, alarm service company
or licensed electrician maintaining fire alarm systems in the Borough
of Pitman shall provide, to the Fire Official a list of systems maintained
in and or monitored within the Borough of Pitman. Said list shall
include the name and address of the customer, the name of the monitoring
company and the last date on which the system received its annual
service. Said list shall be provided on or before January 1 of each
year.
c.
A fire alarm system, its components and devices that are installed,
maintained and monitored in accordance with the applicable standards
published by the National Fire Protection Association, as are approved
by the enforcing agency, may be deemed by the enforcing agency to
be in compliance with the requirements for certification if it complies
in all other respects with this section.
d.
Failure to have and keep in force a valid maintenance or service
contract shall be cause for the enforcing agency to cancel or withdraw
a certificate of registration.
[Ord. No. 08-16 § 9B-38]
a.
This section applies with equal force and effect to all fire alarm
systems which have been or will be installed, operated or otherwise
placed in service within the Municipality effective from the date
of this section's adoption.
b.
Neither an application nor a certificate of registration or adherence
to the regulations adopted herein is required for any existing fire
alarm system, except as follows:
1.
A fire alarm system in an inhabited building upon and after the receipt
of the first false alarm which does not meet the regulations as adopted
herein. The application for a certificate of registration shall be
filed with the Fire Official in accordance with the requirements of
this section.
2.
A fire alarm system, which is to be expanded, reduced, modified or
replaced.
3.
A fire alarm system in an existing building or other structure, including
all dwelling occupancies, prior to the transfer of ownership or title.
The timely application shall be the responsibility of both the transferrer
and the transferee and shall also be a condition of continuing occupancy.
4.
A fire alarm system which is required to be maintained in vacant
or otherwise non-inhabited structures as provided in the New Jersey
Uniform Construction Code (N.J.A.C. 5:23-3.14) or the New Jersey Uniform
Fire Prevention Code (N.J.A.C. 5:70-3.1 et seq.).
[Ord. No. 08-16 § 9B-39]
The enforcing agency shall:
a.
Be responsible for the administration and enforcement of this section,
including making reasonable on-site inspections and examinations of
buildings and other premises.
b.
Develop and promulgate regulations for the installation, maintenance,
service and monitoring of fire alarm systems.
c.
Develop and promulgate regulations for the operation of fire alarm
systems during construction, renovation, alteration and repair to
the premises at and for which they are located.
d.
Review and approve plans and specifications for the fire alarm systems
and their installations after such plans have been reviewed and approved
by the Municipal Fire Subcode Official.
e.
Pass on applications for fire alarm installations and issue certificates
of registration for fire alarm systems.
f.
Issue such oral and written orders as are necessary to carry out
the provisions of this section.
g.
Make, keep and maintain records of all fire alarm systems, application
and certificates of registration, false alarms, regulations and changes
in regulations, orders issued and similar information necessary or
useful to the administration of this section.
h.
Investigate and ascertain the cause of all false alarms and maintain
records of the same.
i.
Bill for, pursue and receive payment of administrative charges.
j.
Establish criteria for the approval of central stations.
k.
Have discretion, in the event an investigation discloses a failure
by the fire alarm system owner to take timely and appropriate remedial
steps to avoid further false alarms or his disregard of related lawful
orders of the enforcing agency, after explicit written notice, hand
delivered, to the fire alarm system owner, or, in the event that the
owner is not present at the property, to such other person as is in
occupancy of the property, including the operator in control, in accordance
with the regulations in this section, with the consent of the respective
Fire Chief, that the respective Fire Department not answer further
alarms caused by or originating from such fire alarm system until
such time as that system is recertified by the enforcing agency upon
submission of a completed application.
l.
Issue, or cause to be issued, summons to the Municipal Court or such
other court as may have jurisdiction for failure to comply with the
provisions of this section.
[Ord. No. 08-16 § 9B-39]
No person shall:
a.
Turn in, make, cause or knowingly participate in a false alarm.
b.
Fail to make a timely application required by this section.
c.
Own, possess, operate or cause to be operated a fire alarm system
for which a certificate of registration has not been issued and is
not in good standing, to the extent one is required by this section.
d.
Operate or cause to be operated a fire alarm system:
1.
In a location or manner, or in any other respect, prohibited or not
permitted by this section.
2.
Which has previously transmitted a false alarm from an inhabited
building, until recertified by the enforcing agency upon submission
of a completed application.
3.
Which has been expanded, reduced or modified or is a replacement
for a prior system, until certified by the enforcing agency upon submission
of a completed application.
4.
Whose certificate of registration has been canceled or withdrawn
by the enforcing agency.
5.
Which uses a smoke detector as a sensing device, wholly or partially,
and which is designed to transmit (or which in fact transmits) its
alarm signal to a destination other than an approved central station.
6.
Which uses a carbon monoxide detector to transmit a fire alarm signal
to a destination other than the premises at which it is installed.
e.
Fail to comply with a lawful regulation or order of the enforcing
agency or fail to pay an administrative charge for a false alarm.
f.
Obstruct, hinder, delay or interfere by force with the enforcing
agency or its authorized representative in the exercise of any power
or the discharge of any function or duty provided by or reasonably
implied from this section.
g.
If he or she is the owner, tenant or such other person having a possessory
right to the subject building or other premises, fail after proper
request to permit the enforcing agency or its authorized representative
to have prompt entry to such building or other premises for the purpose
of lawful inspection or examination pursuant to this section.
[Ord. No. 08-16 § 9B-41]
a.
Upon the first false alarm during any calendar year, an order to
file an application for a certificate of registration and take corrective
action, in accordance with the provisions of this section, shall be
issued and served on the fire alarm system owner (and to any known
possessor or operator of the system, or known occupant of the premises
of the alarm system, if any of them is other than said owner).
b.
Upon receipt of a third false alarm during a calendar year, an administrative
charge shall be payable as provided under this section, and the enforcing
agency shall deliver to the fire alarm system owner (and to any known
possessor or operator of the system, or known occupant of the premises
of the alarm system, if any of them is other than said owner) a written
warning that the subject communicating device may be disconnected
upon receipt of any further false alarms or alarms.
c.
In the event that two or more false alarms are received during the
same 30 day period, or twice within a twenty-four-hour period, or
the Fire Official, Fire Chief, or Fire Officer in charge may order
the disconnection of the transmission apparatus from the particular
fire alarm system which has transmitted such false alarms, provided
that the notice procedures set forth in this section shall have been
first complied with.
d.
In the event false alarm investigation reveals that the system does
not meet the standards, requirements or regulations prescribed in
this section, the Fire Official, Fire Chief or Fire Officer in charge
may order the immediate disconnection of the alarm system from the
fire alarm transmission apparatus.
e.
In the event evidence reveals that the cause of the alarm is the
failure of the registrant building owner's, tenant's or
occupant's alarm company or central monitoring station to take
precautions to prevent the transmission of alarms during testing,
maintenance, service or installation, the alarm company or monitoring
company, as identified as the entity responsible for the unwanted
false alarm, shall be subject to an administrative charge as provided
in this section.
[Ord. No. 08-16 § 9B-42]
The provisions of this section shall not apply to:
a.
The general alerting alarms that may be used by fire companies, emergency
squads or emergency management agencies to summon responses of their
members.
b.
Alarm systems affixed to motor vehicles.
c.
Alarm systems installed in public buildings owned by the Borough
of Pitman or the Pitman Board of Education.
[Ord. No. 08-16 § 9B-43; Ord. No. 3-2016]
a.
Single-family dwellings and two-family dwellings.
1.
Upon a third false alarm during any calendar year, an administrative
charge of $50.
2.
Upon a fourth false alarm during any calendar year, an administrative
charge of $100.
3.
Upon a fifth false alarm and upon each subsequent false alarm during
any calendar year, an administrative charge of $200.
b.
All properties, with the exception of those described in Subsection 11-4.10.
1.
Upon a third false alarm during any calendar year, an administrative
charge of $100.
2.
Upon a fourth false alarm during any calendar year, an administrative
charge of $250.
3.
Upon a fifth false alarm and upon each subsequent false alarm during
any calendar year, an administrative charge of $500.
c.
The administrative charge for alarm companies and central monitoring
station shall be $500 for each occurrence of alarm activation transmitted
to the Fire Department in accordance with this section, during testing,
maintenance, service or installation.
[Ord. No. 08-16 § 9B-44]
a.
Any person violating any provision of this section shall, upon conviction,
be subject to any one or more of the following:
1.
A fine, the amount of which shall be within the discretion of and
shall be fixed by the Municipal Court or other court or judicial officer
having appropriate jurisdiction, but which shall in no case be greater
in amount than that permitted by N.J.S.A. 40:49-5, as amended and
supplemented, and other applicable laws;
2.
A period of community service, within the meaning and limits of and
as referred to in N.J.S.A. 40:49-5, as amended and supplemented, and
other applicable laws;
3.
Both such a fine and such a period of community service; or
4.
Those penalties set forth in N.J.S.A. 52:27D-198.3.
b.
All fines and court costs shall be payable to the Clerk of the Municipal
Court. All fines, exclusive of court costs, assessed as a result of
summonses issued by the fire official or fire inspectors of the respective
fire department will be paid thereafter by the Municipal Court Clerk
to the Bureau of Fire Safety. All court costs and all fines assessed
as a result of summonses issued by anyone else shall be paid to the
Borough Clerk by the Municipal Court Clerk.
