[Editor's Note: Prior ordinances codified herein include
Ordinance Nos. 72-261, 85-476 and 85-479.]
[Ord. #91-605; Ord. #95-699; Ord. #99-797; Ord. #2002-881;
Ord. #2002-905; Ord. #2003-937; Ord. #2011-1179; Ord. #2012-05]
This chapter and all amendments thereto shall be known and may
be cited as the Branchburg Township Fire Safety Code.
As used in this chapter, in addition to those definitions of
the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq. and the Uniform
Fire Code, N.J.A.C. 5:70-1.1 et seq.:
BUREAU
Shall mean the Branchburg Township Bureau of Fire Prevention.
CODE
Shall mean the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1
et seq.
FIRE CHIEF
Shall mean the duly elected chief of the fire department
serving the Township of Branchburg.
FIRE OFFICIAL
Shall mean the person certified by the Commissioner of the
Department of Community Affairs and appointed by the township committee
for the enforcement of the code.
LEGAL COUNSEL
Shall mean the township attorney or other such attorney as
appointed by the township committee.
USE GROUPS
Shall mean a designation of the actual or intended use of
a structure for the purposes of establishing a registration fee. This
designation shall be consistent with the use group designation pursuant
to the Uniform Construction Code.
The local enforcing agency shall enforce the Uniform Fire Safety
Act, N.J.S.A. 52:27D-192 et seq., and the codes and regulations adopted
under it in all buildings, structures, and premises within the established
boundaries of the Township of Branchburg; other than single-family
and two-family dwellings occupied by the holder of the title to the
property, dwelling units within two-family and multi-family dwellings,
and in facilities owned by the State of New Jersey or any board, commission,
or authority thereof.
a. Life hazard uses. The local enforcing agency shall carry out the
periodic inspections of all life hazard uses required by the code
on behalf of the Commissioner of the Department of Community Affairs.
b. Non-life hazard uses. The local enforcing agency shall conduct periodic
inspections of all non-life hazard uses at least once every 12 months.
a. Appointment of fire official. The fire official shall be appointed
by the township committee. The person appointed shall be acceptable
to the Fireman's Association. The person serving as fire official
shall not be entitled to cast a vote for such recommendation.
b. Term of office. The fire official shall serve for a period of two
years commencing on January 1 and ending on December 31. Any vacancy
shall be filled for the unexpired term within 60 days by the township
committee. The person appointed to fill the unexpired term shall be
acceptable to the Fireman's Association.
c. Supervision and authority. The fire official shall be under the supervision
of the township committee, with direct supervision of the township
administrator. The fire official shall supervise such subordinate
fire inspectors or employees as may be employed.
d. Inspectors and employees. The township committee shall appoint or
employ such inspectors or other employees as may be necessary to carry
out all the required inspection activities and other day to day activities
of the bureau. Those appointed shall be acceptable to the fire official
and the Fireman's Association.
e. Removal from office. Any employee or inspector, including the fire
official, shall not be removed from office without good cause. Good
cause shall mean inefficiency or misconduct. Each employee, inspector
or official so removed shall be afforded an opportunity of a hearing
before the township committee.
Pursuant to section 15 and 17 of the Uniform Fire Safety Act,
N.J.S.A. 52:27D-206 and 27D-208, respectively, any person aggrieved
by any order of the local enforcing agency shall have the right to
appeal the order to the Construction Board of Appeals of Somerset
County.
[Ord. No. 2017-1322]
a. Registration. Whenever the fire official shall have cause to believe
that a structure would require an inspection, and the structure is
not a life hazard use, the fire official shall submit a local registration
survey to the owner or tenant of the structure. The owner or tenant
of a business or structure shall complete and return such a survey
within 30 days.
Penalty failing to register a non-life hazard use is $250.
b. Registration fees. The owner of each business, office or multiple-family
dwelling that is not a life hazard use, shall pay to the bureau an
annual local registration fee to be included with the registration
application. The fee shall be as follows:
1.
|
Use Group A
|
Under 1,001 square feet
|
$50
|
1,001 to 5,000 square feet
|
$87
|
5,001 or more square feet
|
$123
|
2.
|
Use Group B
|
Under 5,001 square feet
|
$50
|
5,001 to 10,000 square feet
|
$87
|
10,001 to 25,000 square feet
|
$123
|
Over 25,000 square feet
|
$160
|
3.
|
Use Group E
|
Privately-owned only
|
$87
|
4.
|
Use Group F
|
Under 1,001 square feet
|
$65
|
1,001 to 5,000 square feet
|
$87
|
5,001 to 50,000 square feet
|
$123
|
50,001 to 100,000 square feet
|
$160
|
100,001 or more square feet
|
$200
|
5.
|
Use Group M, except hardware store 3,000 square feet or more
and retail 12,000 square feet or more, which are life hazard uses
|
Under 2,001 square feet
|
$65
|
2,001 to 5,000 square feet
|
$87
|
5,001 to 11,999 square feet
|
$160
|
6.
|
Use Group R, except life hazard uses
|
3 to 5 units
|
$87
|
6 to 25 units
|
$160
|
Over 25 units
|
$304
|
7.
|
Use Group S, except life hazard uses
|
Under 1,001 square feet
|
$87
|
1,001 to 5,000 square feet
|
$123
|
5,001 to 50,000 square feet
|
$160
|
50,001 to 100,000 square feet
|
$232
|
100,001 or more square feet
|
$304
|
8.
|
Vacant Retail/Commercial non-life hazard buildings shall be
assessed to the building owner at 50% of original cost of the above
listed Use Groups
|
9.
|
Fees for life hazard uses shall be paid to the State of New
Jersey
|
10.
|
If a structure falls under more than one use group, then the
largest primary use of that structure shall determine the use group
of same said structure, as determined by the fire official
|
c. Permits. The fees for permits established by the Uniform Fire Code,
N.J.A.C. 5:70-2.7, shall be as follows:
TYPE 1
|
$60
|
TYPE 2
|
$240
|
TYPE 3
|
$479
|
TYPE 4
|
$720
|
TYPE 5
|
(Reserved)
|
Any permit inspection or reinspection required on a Saturday,
Sunday after hours or holiday will require an additional fee of $75
per hour.
|
d. Certificate of fire code status. There shall be a $10 fee charged
for the issuance of a certificate of fire code status, in accordance
with the Uniform Fire Code, N.J.A.C. 5:70-2.2.
e. Application for variance. There shall be submitted with each application
for a variance to the Code, a fee of $25.
f. Fire investigation reports. There shall be a fee of $25 charged for
a copy of any fire investigation report.
g. Certificate of smoke detector, carbon monoxide alarm and fire extinguisher
compliance. The application fees for a certificate of smoke detector,
carbon monoxide alarm and fire extinguisher compliance (CSDCCMAC),
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:
[Amended 6-27-2022 by Ord. No. 2022-1432]
1. Requests for CSDCCMAC received more than 10 business days prior to
the change of occupant shall be $50.
2. Requests for CSDCCMAC received four to 10 business days prior to
the change of occupant shall be $90.
3. Requests for CSDCCMAC received fewer than four business days prior
to the change of occupant shall be $161.
4. A fee
of $25 will be charged for each reinspection required.
All funds collected or received shall be appropriated by the
township committee for the enforcement of the Uniform Fire Safety
Act and the Uniform Fire Code.
The fire official shall be responsible for the collection of
all local registration fees for non-life hazard uses, permit application
fees, variance application fees, copies of fire report fees, penalties,
and fire code status fees. The fire official shall have the authority,
upon the approval of the township committee, to proceed with legal
counsel for the collection of overdue fees.
The following are additional technical requirements of the Fire
Safety Code.
a. Each fire department connection for a structure's fire suppression
system shall have a sign with 12 inch letters of white reflective
material on a red background placed in an approved position. The sign
shall read "FDC" and the placement of same said sign shall meet with
the fire official's approval.
b. Each fire suppression system wall mounted control valve shall be
labeled with a sign of four inch letters. The lettering shall be of
white material on a red background. The sign shall label the specific
location of the part of the structure protected. The placement of
the sign shall meet with the fire official's approval.
c. Each post indicator valve (PIV) of an underground water supply system
for a structure's fire suppression system shall have a sign indicating
what part of the water line that valve controls. The sign shall have
four inch letters of a white material on a red background. The placement
of the sign shall meet with the fire official's approval.
d. There shall be no parking within 10 feet of any fire hydrant, fire
department connection, or fire water suction pipe. There shall be
no obstructions within 10 feet of any fire hydrant, fire department
connection, or fire water suction pipe.
e. Each standpipe or fire water suction pipe shall have a sign indicating
what the pipe is used for. The sign shall have four inch letters of
white material on a red background and placed in a position that meets
with the fire official's approval.
f. All solid fuel burning appliances shall have a spark arrestor device
installed at the top of their flue, or the approved equivalent as
specified by the manufacturer.
g. Each fire lane access shall have a sign indicating "Fire Lane No
Parking." The sign shall have four inch letters of white reflective
material on a red background. The sign shall be located as close to
the fire lane entrance as possible.
A board or body to be known as the Branchburg Township Bureau
of Fire Prevention is hereby established to regulate the fire suppression
activities and other activities as may be necessary to provide proper
fire protection throughout the township. The Branchburg Township Bureau
of Fire Prevention shall assist the fire official in his enforcement
activities as may be necessary.
a. Members. The bureau of fire prevention shall consist of the fire
official, the duly elected fire chief and duly elected assistant fire
chief of each duly constituted fire company serving the township,
and the township committee person appointed by the township committee
to serve as liaison.
b. Voting privileges. Each fire company shall have one vote at any Bureau
of Fire Prevention meeting. If the fire chief and the assistant fire
chief of the same fire company cannot agree on the vote for same said
fire company, the vote of the fire chief shall govern. In the absence
of the fire chief, the assistant fire chief shall cast a vote for
the fire company he represents. The fire official, or his duly appointed
senior fire inspector, shall have one vote. If the fire official and
his duly appointed senior fire inspector cannot agree, the vote of
the fire official shall govern.
The Bureau of fire prevention shall assist the fire official
in the review of all site plans submitted to the planning board or
board of adjustment. The fire official shall submit to the planning
board or board of adjustment, written comment on such site plans reviewed
by the bureau of fire prevention. The bureau of fire prevention shall
update or change the standard operating procedures of the bureau of
fire prevention as the bureau of fire prevention deems necessary.
The bureau of fire prevention shall submit, near the end of
the appointed fire official's term, on or before the first of November,
to the township committee, its written recommendation of a qualified
person to be appointed by the township committee to the position of
fire official. The current fire official shall not have a vote in
this matter. The bureau of fire prevention shall submit, near the
end of any appointed fire inspector's term, on or before the first
of November, to the township committee, its written recommendation
of a qualified person to be appointed by the township committee to
the position of fire inspector. The current fire inspector, of which
their term is to expire, shall not have a vote in this matter. The
bureau of fire prevention shall submit annually a report, to the township
committee, summarizing all of the bureau of fire prevention proceedings
during the calendar year concerning fires, explosions or other like
events. The bureau of fire prevention shall submit annually, to the
township committee, any amendatory or supplementary ordinances to
this code.
For the purpose of fire suppression within the Township of Branchburg,
the township is hereby divided into the following four fire zones
serviced as follows:
Zone 1
|
Neshanic Fire Company
|
Zone 2
|
Readington Fire Company
|
Zone 3
|
County Hills Fire Company
|
Zone 4
|
North Branch Fire Company
|
The geographic boundaries of the above zones are hereby established
as shown on the most recently revised map entitled "HYDRANT LOCATIONS
and FIRE COMPANY ZONES". The map is on file in the office of the township
engineer and is available for inspection between regular office hours.
Copies thereof are available to the public upon request.
Zone boundary lines are intended to follow street center lines.
The exact location of any disputed zone boundary line shall be determined
by the bureau of fire prevention.
As used in this section:
FIRE LANE
Shall mean:
a.
Any road, area or passageway designated by the fire official
to allow clear access to buildings for firefighting in the event of
an emergency; and
b.
The area surrounding and within 10 feet of a fire hydrant or
fire department connection.
a. The fire official shall designate fire lanes for the efficient and
effective operation of firefighting equipment, access to building
openings by firefighters or egress of occupants, and access to building
fire department connections, standpipes and fire hydrants.
b. Drawings, maps or pictures of properties delineating fire lanes shall
be kept on file and available for inspection in the bureau.
a. All fire lanes designated by the fire official shall be identified
by the posting of signs as required by the code and the marking of
pavement is required by the fire official.
b. Every property owned shall keep all required signs and pavement markings
in good condition and clearly legible at all times at the property
owner's expense.
a. Notice that a property has designated fire lanes which require the
posting of signs or painting of pavement shall be sent to the property
owner by the fire official by personal delivery or certified mail.
b. Within 30 days of receipt of notice, the affected property owner
shall install all required signs and paint pavements as required by
the fire official at the property owner's expense.
All fire lanes designated by the fire official prior to May
31, 2012 shall continue to be designated fire lanes. The fire official
shall have discretion as to the need for any maintenance or modifications
required on fire lanes designated prior to May 31, 2012 and not in
conformance with this section. Under no circumstance shall a modification
be permitted that creates a lesser standard than required by this
section.
The bureau shall have jurisdiction to enforce the provisions
of this section.
a. Property owners failing to install signs or paint pavement within
30 days of receipt of notice shall be subject to fine not to exceed
$500 per violation per day.
b. Fines shall be imposed on complaint and conviction in the municipal
court and shall be paid to the bureau.