Editor's Note: Prior ordinance history includes portions
of 1972 Code §§ 52-1, 52-1.1, 52-4, 67A-1-67A-3 and
Ordinance Nos. 354, 433, 445, 485, 679, 684, 742 and 785.
[Ord. #990, § 14-1]
This chapter shall be known as the "Fire Prevention Code of
Brielle Borough."
[Ord. #990, § 14-2]
The New Jersey Uniform Fire Code, N.J.A.C. 5:7, 5:71, 5:72,
5:73 and 5:75 et seq., and all amendments and supplements thereto,
is thereby adopted by Brielle Borough for the purpose of establishing
a system for the enforcement of minimum fire safety standards throughout
the Borough as mandated by the State of New Jersey, so as to improve
the safety of the public by promoting the control of fire hazards.
The standards, rules and regulations set forth in the Code shall be
and the same are hereby incorporated in this Chapter, three copies
of which have been and are now on file in the office of the Borough
Clerk.
The Borough shall recognize and hereby adopt the standards of
the National Fire Protection Association Code and supplements and
amendments thereto, which the Bureau of Fire Prevention may refer
to in the enforcement of this Chapter. The above-referenced codes
are incorporated herein as if set forth in length.
[Ord. #990, § 14-3; amended 2-11-2019 by Ord. No. 1082]
Pursuant to Section 203 of the Uniform Fire Safety Act (P.L.
1983. c. 383; N.J.S.A. 52:27D-203), this chapter shall be enforced
by the Bureau of Fire Prevention of the Borough of Sea Girt in accordance
with the terms of a Shared Service Agreement dated December 17, 2018,
with an effective date of January 1, 2019.
A Bureau of Fire Prevention shall herein be established within
the Board to enforce the Uniform Fire Safety Act and the codes and
regulations adopted under it in all buildings, structures and premises
within the Borough of Brielle, other than owner-occupied one- and
two-family dwellings and shall faithfully comply with the requirements
of the Uniform Fire Code. In addition, the Bureau of Fire Prevention
shall be charged with the duties and enforcement of such other ordinances
and rules and regulations that pertain to fire prevention and control.
The Bureau of Fire Prevention shall carry out periodic inspections
of life-hazard uses required by the Uniform Fire Code on behalf of
the Commissioner of Community Affairs. Said Bureau shall be under
the supervision and control of the Fire Official or such other officers
as may be designated by the Governing Body. Funds that may be necessary
to support the operation of the Bureau, shall be raised by the Borough
of Brielle in the manner prescribed by law. Pursuant to the Uniform
Fire Code, the Bureau shall be operated by a fire official herein
known as the "Fire Official" and enforcement and support personnel
under his/her supervision having the minimum qualifications and certifications
set forth under the Uniform Fire Code. The salary of the Fire Official,
Fire Prevention Specialists and other personnel employed by the Bureau
shall be to the extent permitted by law, established by the Borough
of Brielle. The annual budget for the operation of the Fire Prevention
Bureau shall be established by the Borough. The Governing Body of
the Borough of Brielle shall have the authority to appoint, promote
and terminate personnel within the Bureau but each person so terminated,
shall be afforded the opportunity to be heard by the Mayor and Council,
consistent with recognized standards of due process.
[Ord. #990, § 14-4]
It shall be unlawful to engage in any business activity involving
the handling, storage or use of hazardous substances, materials or
devices; or to maintain, store or handle materials; to conduct processes
which produce conditions hazardous to life or property; to install
equipment used in connection with such activities; or to establish
a place of assembly without first obtaining a permit from the Fire
Official. Permits shall be obtained from the Bureau of Fire Prevention
for any of those activities listed in N.J.A.C. 5:70-2.27 and any amendments
or supplements thereto. The fee paid for said permits shall be established
in accordance with N.J.A.C. 5:70-2.9(c) and any amendments and supplements
thereto.
[Ord. #990, § 14-5]
a.
In addition to the inspections and fee required pursuant to the Uniform
Fire Safety Act and the regulations of the Department of Community
Affairs, the following registration, inspection and fees shall be
required. All required fees shall be paid by the business owner.
d.
(Reserved)[3]
[3]
Editor's Note: Former Subsection d, regarding fees for two
or more uses sharing a building or premises, was repealed 2-11-2019 by Ord. No. 1082. This ordinance also provided that the required fees would
henceforth be as promulgated by the Borough of Sea Girt Bureau of
Fire Prevention.
e.
All multiple family dwellings where as herein defined shall be classified
as Type 8 use and shall be subject to registration and fees as set
forth herein with the exception that the full fee shall be paid for
only one structure, with the remaining structures subject to a fee
of 1/2 of that set forth for other Type 8 uses. Inspections of multiple
family dwellings shall include, but not limited to, common areas,
basements, laundry rooms, corridors, vestibules which are accessible
to occupants, with the exclusion of the dwelling units therein. The
building's owner shall be responsible for payment of all fees.
f.
All uses as set forth under this section shall be inspected annually
and subject to the registration and fees set forth herein.
[Ord. #990, § 14-6]
a.
The Bureau shall review any site or subdivision plan for the purpose
of fire prevention, as to the location and size of fire lanes, zones
and areas, water mains, drafting locations, fire hydrants, and any
other such information as the Brielle Fire Company #1 and or their
designated agents may deem necessary or be required. Said submission
of plans to the Bureau shall include any plans submitted to the Planning
Board for the development, construction or improvement of properties
in the Borough of Brielle. Said reviews shall include, but not be
limited to, any construction or improvement of any use group, as defined
in Article 3 of the latest edition of the BOCA National Building Code
adopted by the State of New Jersey, as amended. Prior to the issuance
of any building permit, the above projects must receive Bureau approval.
[Ord. #990, § 14-7]
a.
Whenever it is deemed necessary for public safety, the Bureau and or their designated agents may require the owners or operators of any uses in Sections 14-5 and 14-6, all life-hazard uses or other similar uses, to designate fire zones at entrances, loading doors or access ways to said premises and fire lanes in driveways leading from the street to the fire zones, as well as drafting locations. The size of the fire zone, fire lanes and or drafting locations shall set at the discretion of the Bureau and or its designated agents based upon the size of property and other such facts as the Bureau deems necessary. A diagram demonstrating the proper manner of painting and lettering of fire zones and fire lanes shall be made available by the Bureau or its designated agents.
All line striping and lettering shall be legible at all times.
A metal fire zone or fire lane sign shall be provided, erected, and
maintained by the owner or operator of the property and shall be placed
and directed by the Bureau and or its designated agents. A diagram
of a fire zone or fire lane shall be made available by the Bureau
and or its designated agents.
b.
No person shall, at any time, park a motor vehicle, locate a garbage
dumpster or in any other manner obstruct a fire zone or fire lane,
drafting locations of fire area or park within 10 feet of a fire hydrant,
whether or not that motor vehicle is occupied or the motor running.
If at any time, due to weather conditions, vandalism or any extenuating
circumstances, one of the following fire zone or fire lane signs or
fire zone or fire lane surface markings are not visible, the remaining
markings or signs visible shall be deemed sufficient to provide notice
of the existence of such fire zone or fire lane. If the Bureau determines
that existing fire zone, fire lane and or drafting locations signs
have not been properly marked or delineated and or proper documentation
of said markings is not on file, new markings as outlined in this
subsection may be required. All drafting locations as required hereunder
shall be constructed, designated and maintained as per the diagram
available from the Bureau.
c.
The Bureau of Fire Prevention and or its designated agents are authorized
to tow motor vehicles and remove all obstructions from any fire zone,
fire lane, fire area or drafting locations. The Bureau and or its
designated agents are also authorized to tow motor vehicles and remove
obstructions parked or standing within 10 feet of a fire hydrant.
All motor vehicles and other obstructions which are removed pursuant
to this section may be stored in a storage area approved by the Bureau,
its designated agents or the Brielle Police Department. The cost of
removal and storage shall be charged to the owner of the vehicle or
other obstruction, and the charge shall be paid prior to release of
said vehicle or obstruction. The Bureau and or its designated agents
shall give notice to the owner of the motor vehicle or obstruction,
if the owner can be identified within 24 hours after removal of the
vehicle or obstruction.
d.
The Fire Prevention Bureau Fire Official, Fire Prevention Specialists
and the Brielle Police Department shall have concurrent jurisdiction
to enforce the provisions of this section of this chapter. For any
summons issued by the Bureau of Fire Prevention, said fines shall
be dedicated to the Bureau of Fire Prevention via interlocal service
agreement for the enforcement of the Code, and court costs associated
and dedicated to the Brielle Borough Municipal Court. Said fees are
to be reimbursed to the Bureau on a quarterly basis.
e.
In the event that said designated fire lane, fire zone or fire area
has been previously approved and marked accordingly and properly documented
as existing, said area shall be deemed as having met the intent of
the Code and shall be subject to the penalties section of this Chapter,
if otherwise not maintained or obstructed.
[Ord. #990, § 14-8]
a.
Rapid Entry System Required. The Fire Official shall require a key
box to be installed in an accessible location where immediate access
is necessary to verify the existence of a fire or other emergency
in buildings equipped with or required to be equipped with fire detection
and or fire suppression systems or elevator equipment. The building's
owner shall be responsible for compliance. The key box will be of
a U.L. type and shall contain keys necessary to access areas and shall
be installed in a manner approved by the Brielle Fire Prevention Bureau's
Fire Official. Compliance shall be required within 60 days of written
notice of violation. Control of the master key for the key boxes shall
be placed in the control of the Brielle Police Department. The requirements
of this section shall not be applied to any Municipal or Board of
Education Building that is utilized for a public purpose.
[Amended 3-11-2019 by Ord. No. 1083]
b.
False Alarms.
1.
(F-504.1). Any property containing a fire sprinkler alarm or a fire
alarm system shall not have activated more than three false fire alarms
in any one calendar year. Any activations of four or more false alarms
in said calendar year shall be deemed to have violated this section
and shall be subject to penalties and additional action as required.
2.
False fire alarms; definition (F-502.1). An alarm which results in
notification to the Fire Department for causes other than those for
which the system was designated or intended to react. The alarm shall
not be considered to be false if caused by a power or telephone line
interruption.
[Ord. #990, § 14-9]
a.
Anyone who obstructs a fire zone, fire lane, fire area, drafting
or pumping station or fire hydrant with a motor vehicle in violation
of this section of this chapter shall be subject to a fine not to
exceed $50 for each offense.
c.
Any person or corporation violating any other provision of this Chapter,
failing to comply with any order made pursuant to this Chapter or
building in violation of plans and specifications submitted to the
Fire Prevention Bureau and or its designated agents and approved pursuant
to the terms of this Chapter shall be subject to a fine of not more
than $1,000 per day.
d.
Any penalties under the Uniform Fire Code (N.J.A.C. 5:57-1) shall
be adopted for the purpose of enforcement against any person or persons,
firm, partnership or corporation violating any of the provisions of
the Code other than the violation of fire zone, fire lane, and fire
area regulations as herein set forth except the sanctions specified
in paragraph c above.
[Ord. #990, § 14-10]
Any owner or operator of a building or property affected by
the provisions issued pursuant to the Uniform Fire Code, who shall
disagree with the determination of the Fire Prevention Bureau and
or its designated agents shall have the right of appeal in accordance
with N.J.A.C. 5:70-2.19 entitled "Appeals."
