[Ord. No. 10-2010 § 2;
amended 3-13-2024 by Ord. No. 08-2024]
a. The New Jersey Uniform Fire Code and all amendments and supplements
thereto, is adopted by the Borough of Sea Girt (referred to herein
as the "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 New Jersey Uniform Fire Code
shall be and the same are hereby incorporated in this section.
b. The Borough shall recognize the standards of the National Fire Protection
Association and supplements and amendments thereto, which the Bureau
will refer to in the enforcement of this section. The above-referenced
New Jersey Uniform Fire Code and National Fire Protection Association
are incorporated herein as if set forth in length.
[Ord. No. 12; Ord. No. 10-2010 § 4; Ord. No. 09-2013; amended 3-13-2024 by Ord. No. 08-2024]
a. Organization.
1. Within the Bureau, the Fire Prevention Officer and any other person
deemed necessary or advisable by the Borough, shall be delegated the
power to carry out its functions pursuant to the Uniform Fire Code.
2. Funds that may be necessary to support the operation of the Bureau
shall be raised by the Borough in the manner prescribed by law.
3. The annual budget for the operation of the Bureau shall be established
by the Borough.
4. The Fire Prevention Officer shall report directly to the Borough
Administrator.
b. Duties.
1. The Bureau of Fire Prevention shall enforce the Uniform Fire Safety
Act and the New Jersey Uniform Fire Code in all buildings, structures
and premises within the Borough other than owner-occupied one-family
and two-family dwellings, and shall faithfully comply with the requirements
of the Uniform Fire Code.
2. The Bureau shall carry out periodic inspections of life-hazard uses
required by the Uniform Fire Code.
3. In addition, the Bureau shall be charged with the duties and enforcement
of such other ordinances, rules, and regulations that pertain to fire
prevention and control.
c. Personnel.
1. Appointment and Qualification of Fire Prevention Officer, Inspectors
and other Employees.
(a)
The Fire Prevention Officer shall be a person certified as a
Fire Official by the Commissioner of the Department of Community Affairs
and appointed or designated to direct the enforcement of the Uniform
Fire Code.
(b)
Inspectors and other employees of the Bureau of Fire Prevention,
if any, shall be appointed by the Mayor with the advice and consent
of the Governing Body after consideration of the written recommendation
of the Fire Prevention Officer. Such inspectors and other employees
shall be appointed for terms of one year. Any vacancy shall be filled
for the unexpired term.
(c)
Members of the Bureau of Fire Prevention shall be appointed
annually by the Mayor and Council of the Borough of Sea Girt.
d. Investigation of Violations and Fires; Records to Be Kept. The Fire
Prevention Officer shall inquire into all violations of the provisions
of this section or of any law of the State or ordinance of the Borough
relating to the prevention or extinguishment of fires, and shall cause
such legal proceedings to be had as shall prevent the continuance
of the same. He shall investigate the cause of all fires which may
take place within the Borough. He shall keep a record of all alarms
of fires and of all fires which may happen within the Borough, with
the cause thereof, whenever the same can be ascertained; and the description
of the building or buildings injured or destroyed, the names of the
owners or occupants, the amount of loss in such case and also the
amount of insurance as near as the same can be ascertained on careful
and diligent inquiry.
[Ord. No. 10-2010 § 5;
amended 3-13-2024 by Ord. No. 08-2024]
a. Types of Fire Code Permits. The New Jersey Uniform Fire Code defines
five types of fire code permits, which cover the uses in the workplace
and activities that are specified in the New Jersey Uniform Fire Code.
1. Type I Permit: Required for activities such as bonfires, cutting
and welding operations, open flames in places of assembly, and storage
and handling of small quantities of flammable liquids, erection of
tent or membrane structures, outdoor mazes, or any other activity
listed within the New Jersey Uniform Fire Code for Type 1 Permits.
2. Type II Permit: Required for activities such as carnivals, circuses,
and fumigation for insects, or any other activity listed within the
New Jersey Uniform Fire Code for Type 2 Permits.
3. Type III Permit: Required for industrial furnaces and the storage
of fireworks, or any other activity listed within the New Jersey Uniform
Fire Code for Type 3 Permits.
4. Type IV Permit: Required for hazardous materials such as corrosives,
oxidizers, cryogenic liquids, compressed gases, radioactive materials,
and flammable liquids when the aggregate quantity of any category
stored or handled exceeds the threshold amounts specified in the Fire
Code, or any other activity listed within the New Jersey Uniform Fire
Code for Type 4 Permits.
5. Type V Permit: Any activity listed within the New Jersey Uniform
Fire Code for Type 5 Permits.
b. Permits shall be obtained from the Fire Prevention Officer for any
of the listed activities or uses.
c. Permits shall at all times be subject to inspection by the Fire Prevention
Officer.
d. Additional Local Permits Required by the Borough of Sea Girt.
1. The following shall be classified as Local Type I permits in addition
to those prescribed within the Uniform Fire Code:
(a)
Asphalt (tar) kettles. No person, firm or corporation shall
use or fire any asphalt (tar) kettle without first obtaining a permit
from the Fire Prevention Officer.
e. Posting of Fire Permits. Fire permits must be posted as per the written
instructions of the Fire Prevention Officer. Failure to obtain or
post permits or to comply with fire code requirements may subject
the violator to fines or other penalties.
f. Inspections. The Fire Prevention Officer may inspect operations covered
by the fire code permits. These inspections shall be to determine
compliance with the New Jersey Uniform Fire Code.
[Ord. No. 10-2010 § 6; Ord. No. 04-2019; amended 3-13-2024 by Ord. No. 08-2024]
This subsection establishes permit fees in accordance with the
New Jersey Uniform Fire Code and any amendments and supplements thereto.
The permit fees shall be amended from those set forth in the New Jersey
Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq. as allowed by N.J.A.C.
5:71-2.8(b) and in accordance with N.J.A.C. 5:70-2.9(f) as listed
below:
a. Fees for permits as set forth in subsection
20-1.4, above:
Type Use
|
Permit Type
|
Permit Fee
|
---|
Type I
|
Fire Code Permit
|
$54
|
Type II
|
Fire Code Permit
|
$214
|
Type III
|
Fire Code Permit
|
$427
|
Type IV
|
Fire Code Permit
|
$641
|
Type V
|
Fire Code Permit
|
$855
|
Local Permits. Local Permit Type I fee is $54.
|
[Ord. No. 10-2010 § 7;
amended 3-13-2024 by Ord. No. 08-2024]
a. The Fire Prevention Bureau shall inspect all buildings, structures
or premises not listed as life hazard uses (referred hereafter as
non-life hazard uses) with the exception of owner-occupied detached
one- and two-family dwellings that are used exclusively for residential
purposes.
1. Individual dwelling units in multi-family dwellings are also excluded
from this inspection program.
2. All non-life hazard inspections will be on a periodic cycle but not
less than once every 12 months.
b. Inspections of multiple family dwellings shall include, but not be
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.
[Ord. No. 10-2010 § 9; Ord. No. 04-2019]
a. In addition to the above inspections and fees required pursuant to
the Uniform Fire Safety Act, the following registration and inspection
fees shall be shall be paid by the business owner:
1. For the purpose of this section, all business, mercantile, storage,
factory, or industrial uses shall be defined pursuant to the current
edition of the International Building Code and New Jersey Uniform
Fire Code.
2. For all uses defined as business under this section wherein there
are two or more utilizing common areas or facilities within the building,
the owner of the building shall be subject to a fee for the common
area.
3. Fees:
Type Use
(Non-Life Hazards)
|
Structure/Occupant/Size
(Square Footage Total)
|
Required Fees
(Per Registration)
|
---|
Type A
|
0 — 3,000
|
$65
|
Type B
|
3,001 — 5,000
|
$100
|
Type C
|
5,001 and over
|
$250
|
Type D
|
Common Area
|
$75
|
Type V
|
Vacant Tenant Space
|
$45
|
4. Where two or more of the same uses or different uses exist at the
same building or on the same premises, each use shall be considered
as separate and distinct for purpose of this section and shall be
registered pursuant thereto, with the exception that, where two or
more of the same uses or different uses exist at the same building
or on the same premises, all of which are under common ownership,
the highest same or different uses shall be registered at full fee
with other uses registered at half the scheduled fee per use.
5. All multiple family dwellings whereas herein defined shall be classified
as Type D 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 half of that set forth for other Type D uses.
6. Where there is a commercial space that is vacant from a tenant greater
than six months, inspections shall be scheduled and conducted on a
semi-annual basis. Permit fees shall be an annual Type V permit.
[Ord. No. 10-2010 § 10; Ord. No. 04-2019; amended 3-13-2024 by Ord. No. 08-2024]
a. The Fire Prevention Officer, in accordance with the New Jersey Uniform
Fire Code, shall review any commercial site or major 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 Fire Department and/or
their designated agents may deem necessary or be required.
b. Submission of plans to the Bureau shall include any plans submitted
to the Planning/Zoning Board for the development, construction or
improvement of commercial properties in the Borough.
c. Said reviews shall include, but not be limited to, any construction or improvement of any use group, as defined in Chapter
3 of the latest edition of the International Building Code adopted by the State of New Jersey, as amended.
d. Fees for Review. Each applicant shall pay the following fees to the
Bureau for review of any site or subdivision plans:
Type
|
Fees
|
---|
Major or Commercial site plan
|
$250
|
Major subdivision
|
$250
|
Abridged
|
$100
|
Re-review
|
$100, only after the initial application and 1 review of the
same has been undertaken.
|
[Ord. No. 10-2010 § 12;
amended 3-13-2024 by Ord. No. 08-2024]
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 shall be subject to a fine of $150 for each offense.
b. The owner of a garbage dumpster or other obstruction located in a designated fire zone, fire lane, fire area or drafting/pumping locations within three feet of a fire hydrant, in violation of subsection
20-1.10, shall be subject to a fine of not more than $500 per day.
c. Any person or corporation violating any other provision of this section,
failing to comply with any order made pursuant to this section or
building in violation of plans and specifications submitted to the
Bureau and/or its designated agents and approved pursuant to the terms
of this section shall be subject to a fine of not more than $1,000
per day.
d. Penalties under the Uniform Fire Code and not otherwise provided
for herein are hereby adopted for the purpose of enforcement.
[Ord. No. 10-2010 § 13]
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 Bureau, shall have the right
of appeal in accordance with N.J.A.C. 5:70-2.19 entitled "Appeals."
[Ord. No. 10-2010 § 14]
The Bureau shall submit an annual report on or before January
15 of each year and transmitted to the Mayor and Council. It shall
contain a summary of all proceedings under this section, with all
statistics as the Fire Commissioner and/or the Borough Administrator
may wish to include therein. The Fire Commissioner and/or the Fire
Prevention Officer shall also recommend any amendments to existing
ordinances relating to fire prevention.
[Added 3-13-2024 by Ord. No. 08-2024]
a. The fee for any CSACMAPFEC and issuance of a certificate, as required
by N.J.A.C. 5:70-2.3, will be indexed to the scheduled inspection
date as it relates to the anticipated contract closing date as follows:
1. Application filed 10 or more days before occupancy: $100.
2. Application filed less than 10 and more than five days before occupancy:
$150.
3. Application filed less than five days and more than two days before
occupancy: $200.
4. Application filed less than two days before occupancy: $250.
b. Reinspection Fee. A charge of $50 to cover the cost of a reinspection
with such application shall be paid to the Borough at the time the
inspection is requested. Each request for a reinspection shall constitute
a separate request and require a separate fee.
c. This fee will also be charged for failure to maintain the scheduled
appointment or entry to the structure. The Fire Prevention Bureau
will make every attempt to schedule the inspections in a timely manner
in order to avoid any escalation of these fees.
[Ord. No. 1511; amended 3-13-2024 by Ord. No. 08-2024]
The Bureau of Fire Prevention, through its officers, shall,
in conjunction and consultation with the Chief of the Fire Department,
investigate the cause, origin and circumstance of every fire occurring
in the Borough by which property has been destroyed or damaged and,
so far as possible, shall determine if the fire is the result of either
carelessness or design. Such investigations shall be begun immediately
upon the occurrence of a fire by the Bureau, and if it appears to
the officer making the investigation that a fire is of suspicious
origin, the Fire Prevention Officer of the Bureau of Fire Prevention
shall be immediately notified of the fact; he shall take charge immediately
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters, and shall further
cooperate with the authorities in the collection of evidence and in
the prosecution of the case. Every fire shall be reported in writing
to the Bureau of Fire Prevention within two days after the occurrence
of same by the Fire Prevention Officer. Such report shall be in such
form as shall be prescribed by the National Fire Prevention Association
Guide for Fire and Explosion Investigations, and shall contain a statement
of all facts relating to the origin, cause, and circumstance of such
fire, the extent of the damage, and the insurance upon such property,
and such other information as may be required.
[Ord. No. 1511; amended 3-13-2024 by Ord. No. 08-2024]
a. It shall be the duty of the Bureau of Fire Prevention to inspect,
as often as may be necessary, all buildings, premises, basements and
hallways of apartment houses, boardinghouses, vacant lots and public
thoroughfares except the interiors of private dwellings for the purpose
of ascertaining and causing to be corrected any conditions liable
to cause fire, or any violations of the provisions of any ordinance
of the Borough affecting the fire hazard.
b. The owner of vacant lots shall keep same free of rubbish and material
where same may be considered a fire hazard.
c. Whenever any Inspector, as defined above, shall find in any building or upon any premises or other place combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly inflammable materials especially liable to fire, and which is situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within 24 hours to the Monmouth County Board of Appeals, as provided in subsection
20-2.3 of this chapter.
d. Any owner or occupant failing to comply with such order within a
reasonable period after the service of the order shall be liable to
a penalty as hereinafter provided.
e. Service of any such order may be made in accordance with N.J.A.C.
5:70-2.11 Service of Notice and Orders.
[Ord. No. 1511; amended 3-13-2024 by Ord. No. 08-2024]
The Inspectors of the Bureau of Fire Prevention upon the complaint
of any person, or whenever he or they shall deem it necessary, shall
inspect all buildings and premises.
[Ord. No. 1511; amended 3-13-2024 by Ord. No. 08-2024]
The Fire Prevention Bureau may, at all reasonable hours, enter
any building or premises within his jurisdiction for the purpose of
making an inspection or investigation which, under the provisions
of this section, he or they may deem necessary to be made.
[Prior § 20-2.5 Annual Report, was repealed 3-13-2024 by Ord. No. 08-2024. History includes Ord. No. 1511.]
[History includes Ord. No. 329, AIII § 6, deleted
by Ord. No. 04-2019]
[Ord. No. 10-2015; amended 3-13-2024 by Ord. No. 08-2024]
a. Purpose and Intent. The purpose and intent of these regulations are
to require the provision of key boxes for the mutual benefit of property
owners and fire personnel responding to fire related alarms, to prevent
damage through forceful entry to structures, and to provide swift
entry into structures by the Fire Department in the event of a fire
alarm. The Borough also wishes to encourage voluntary compliance by
those not required to comply with these regulations, persons doing
so will be required to comply with the regulations set forth herein.
b. Definitions. Terms not defined shall have their usual and customary
meanings, unless a different meaning clearly appears from the context.
The following terms whenever used or referred to in this section shall
have the following respective meanings, unless a different meaning
clearly appears from the context:
FIRE ALARM SYSTEM
Shall be defined as to include, but is not limited to; any
and all device or devices which provide fire; and/or smoke; and/or
heat detection; and/or carbon monoxide detection and in response to
detecting the same activates an alarm and/or sprinkler, and/or extinguishing
system.
KEYS
Shall be defined as key, and/or combination codes, and/or
any other such entry devices or equipment which may be necessary for
access.
c. All properties within the Borough having a fire alarm system shall
be equipped with a key box. This requirement shall not apply to owner-occupied
one and two family properties.
d. The key box shall be of an Underwriters' Listed ("UL") type and shall
be approved by the Bureau of Fire Prevention, Fire Prevention Officer.
The key box shall be installed in a location approved by the Bureau
of Fire Prevention, Fire Prevention Officer.
e. Key Box Contents. Key boxes may be required to contain any or all
of the following, as shall be determined by the Fire Prevention Officer:
1. Keys to all locked points of ingress and/or egress, whether interior
or exterior of such structures;
2. Keys to all locked mechanical rooms;
3. Keys to all elevator controls;
4. Keys to all locked elevator rooms;
5. Keys to all fence or secured areas;
6. Keys to all other areas which may be needed to conduct a thorough
and complete fire alarm system activation investigation;
7. A floor plan of all rooms within the structure;
8. All access or combination codes to locked points of egress or ingress,
whether interior or exterior of such structures.
f. Time for Compliance. All existing structures shall comply with this
section within six months of its effective date. All newly constructed
structures for which a certificate of occupancy has not been issued,
or structures currently under construction, shall comply immediately.
g. Associated Costs. All associated costs for the purchase and installation
of a key box(s) shall be assumed by the property owner.
h. It shall be a violation of this section for any person, except for
the property owner or his authorized representative and/or fire personnel,
to access or alter a key box or its contents.
i. Violations — Penalties. Every person violating the provisions
of this section shall upon conviction thereof, be subject to a fine
of $250 plus costs. The property owner shall have 10 calendar days,
from the date of issuance of a violation, to remedy the violation,
if the violation is remedied in this time frame the property owner
shall only be subject to a fine of $250 plus costs. If the violation
is not remedied in this time frame the property owner shall be subject
to a fine of $250 plus costs, plus an additional fine of $50 per day,
calculated from the date of the violation, and continuing until the
violation is remedied.
[Added 3-13-2024 by Ord. No. 08-2024]
a. Whenever the Fire Official or designated Fire Inspector shall determine
that on-site fire inspector(s) or firefighting personnel shall be
required for fire watch as a result of fire protection system failure
or deficiencies, or fire safety at any occupancy or event to insure
the safety of the public or emergency responders, the owner or occupant
responsible shall obtain a permit for the use or event.
b. The Fire Official or designated Fire Inspector shall determine the
number of inspectors and/or firefighting personnel required.
c. The Fire Official or designated Fire Inspector shall determine the
hours that the fire inspector(s) and/or firefighting personnel will
be on duty.
d. The permit fee shall cover the expenses incurred by the Bureau of
Fire Prevention and the Borough.
e. The fee for the permit shall include:
1. Compensation for fire personnel at $35 per hour Monday through Friday
7:00 a.m. to 3:00 p.m., $50 per hour for holidays, Saturdays, Sundays,
and from 3:00 p.m. to 7:00 a.m. weekdays.
2. Reimbursement rates for other related services, equipment, or expenses
shall be provided to the owner by the Fire Official or designated
Fire Inspector prior to the scheduled use or event.
3. The Fire Official or designee(s) shall have the right of access to
the premises and area surrounding it without interference from the
property owner.
4. Failure to secure a permit shall be punishable by a penalty equal
to the amount of the permit plus $100 for the first offense, amount
of the permit plus $250 for the second offense, amount of the permit
plus $500 for the third and each subsequent offense.
5. A permit shall be required for each separate event or date of the
activity requiring such a permit.
6. Any occupancy or event requiring fire apparatus and firefighting
personnel on site to insure the safety of the public and/or other
occupants, and/or to insure the safety of any building and/or exposures
shall reimburse the appropriate fire district. Fees shall be $150
per required fire apparatus unit per occurrence and $25 per hour per
firefighter manning apparatus.