[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 425; O-01-17. Ordinance No. O-09-17 became effective
January 1, 2010.
[Ord. #O-09-17]
a.
Adoption of Standards.
1.
There is hereby adopted for the purpose of providing for fire protection
and prevention and prescribing regulations governing conditions hazardous
to life and property from fire and where human life is endangered,
especially in places of assembly and institutional occupancy, the
Uniform Fire Safety Act (P.L. 1983, c.383)EN(79) and the Uniform Fire
Code (N.J.A.C. 5:70 et seq., as amended).
2.
Pursuant to N.J.S.A. 40:49-5.1 et seq., the aforesaid codes, which
are in printed book form, are adopted by reference thereto.
b.
Public Record. Three copies of the printed code will be placed on
file in the office of the Borough Clerk for use and examination of
the public so long as this chapter shall remain in effect.
[Ord. #O-09-17]
This section shall hereinafter be cited and designated as the
"West Long Branch Fire Prevention Code."
[Ord. #O-09-17; Ord. No. O-2017-11 § 5]
a.
Local Enforcement. Pursuant to Section 11 of the Uniform Fire Safety
Act, the New Jersey Uniform Code shall be locally enforced in the
Borough of West Long Branch.
b.
Agency Designation. The local enforcing agency shall be the Bureau
of Fire Prevention, which is hereby created within the West Long Branch
Fire Department.
c.
Duties.
1.
The local enforcing agency shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted under it in the buildings,
structures and premises within the established boundaries of the Borough
of West Long Branch other than one- and two-unit owner-occupied buildings
used exclusively for dwelling purposes and buildings, structures and
premises owned or operated by the Federal government, interstate agencies
or the State.
2.
The local enforcing agency shall faithfully comply with all the requirements
of the State Uniform Safety Act, N.J.A.C. 5:70, as amended, and 5:71,
as amended, and high level alarms, N.J.A.C. 5:72, as amended.
d.
The Bureau of Fire Prevention shall file an annual report with the
Borough Administrator, in addition to any reports required under the
Uniform Fire Code. It shall contain all proceedings under this Chapter,
with such statistics as will show the nature and extent of the performance
of the duties of the office during the year.
[Ord. No. O-2017-11 § 5]
[Ord. #O-09-17; Ord. No. O-2017-11 § 5]
a.
Appointing Authority. The Mayor, with the advice and consent of the
Borough Council, is hereby designated the appointing authority of
the local enforcing agency.
1.
It shall appoint fire inspectors as needed, meeting the qualifications
set forth by the New Jersey Department of Community Affairs, after
consultation with the Fire Official.
[Ord. No. O-2017-11 § 5]
2.
It shall appoint a Fire Official who is certified by the Commissioner
of the New Jersey Department of Community Affairs.
b.
Supervision and Control. The Bureau of Fire Prevention shall be under
the direct supervision and control of the Fire Official and shall
be subject to direction from the appointing authority pursuant to
N.J.A.C. 5:71, as amended. The Fire Official shall collect all fees
and penalties in accordance with N.J.A.C. 5:71, as amended, submit
a budget for his department in accordance with the municipal regulations
and account for the proper disposition of the same. The Fire Official
shall be responsible to the Borough Administrator (and, in the absence
of any Borough Administrator, the Mayor and Council) for reports and
such data required.
[Ord. No. O-2017-11 § 5]
c.
Removal. Fire inspectors and the Fire Official may be removed, for
cause, on notice to the appointee and after a hearing is held before
the governing body, if such hearing is requested by the appointee.
d.
Salaries. Salaries of the Fire Official, fire inspectors and other
personnel in the Bureau of Fire Prevention shall be established by
the Borough Council of the Borough of West Long Branch as required
by law.
[Ord. #O-09-17; Ord. No. O-2017-11 § 3, 6]
a.
Life Hazard Uses. The Bureau of Fire Prevention shall carry out the
periodic inspections of life hazard uses as defined in N.J.A.C. 5:70,
as amended, required by the Uniform Fire Code on behalf of the Commissioner
of the New Jersey Department of Community Affairs.
b.
Nonlife Hazard Uses. In addition to the registrations required by
the Uniform Fire Code, the following nonlife hazard uses as defined
in Article 3 of the New Jersey Division of Fire Safety-International
Fire Code (Ord. #490 Jersey edition), or any amendments thereto shall
register with the Bureau of Fire Prevention. These uses shall be inspected
once per year and shall pay an annual fee as set forth below:
[Ord. No. O-2017-11 § 6]
|
Business Use Group
| |
|
B-1 under 2,500 square feet
|
$50.00
|
|
B-2 2,500 to 4,999 square feet
|
$75.00
|
|
B-3 5,000 to 9,999 square feet
|
$100.00
|
|
B-4 10,000 square feet and over
|
$150.00
|
|
Factory Use Group
| |
|
F-1 under 5,000 square feet
|
$75.00
|
|
F-2 over 5,000 square feet
|
$100.00
|
|
Mercantile Use Group
| |
|
M-1 under 6,000 square feet
|
$50.00
|
|
M-2 6,000 to 11,999 square feet
|
$75.00
|
|
Storage Use Group
| |
|
S-1 under 2,500 square feet
|
$50.00
|
|
S-2 2,500 to 5,000 square feet
|
$75.00
|
|
S-3 over 5,000 square feet
|
$100.00
|
|
Residential Use Group
| |
|
R-A nonowner occupied 1 and 2 unit
|
$25.00
|
|
R-B 3 to 6 units per building
|
$50.00
|
|
R-C 7 to 12 units per building
|
$75.00
|
|
R-D 13 to 20 units per building
|
$100.00
|
|
R-E over 20 units per building
|
$150.00
|
c.
Additional Permits and Fees.
1.
In accordance with N.J.A.C. 5:70, as amended, the fees for the permits
listed in N.J.A.C. 5:70, as amended, shall be as follows:
[Ord. No. O-2017-11 § 3]
|
Type 1
|
$54.00
|
|
Type 2
|
$214.00
|
|
Type 3
|
$427.00
|
|
Type 4
|
$641.00
|
d.
Any building having a fire suppression system or fire alarm system
required at the time of construction must have such system maintained
and certified pursuant to the NFPA standards referenced in the Uniform
Fire Code (N.J.A.C. 5:70 et seq., as amended).
[Ord. #O-09-17]
Pursuant to N.J.A.C. 5:18-2.17(a) et seq., and/or where the
Fire Official determines that a "fire watch" or "Fire Department Standby"
is necessary for the protection of the public, the cost of such fire
suppression, "fire watch" or Fire Department standby activities shall
be determined as follows:
[Ord. #O-09-17]
Pursuant to Sections 15 and 17 of the Uniform Safety Act, EN(82)
a person aggrieved by any action of the local enforcing agency shall
have the right to appeal to the Construction Board of Appeals of Monmouth
County.
[Ord. #O-09-17]
Enforcement, violations and penalties shall be in conformity
with the Uniform Fire Safety Act, the Uniform Fire Code and all other
laws of the State of New Jersey.
[Ord. #425, S 10]
The following entities may request exemption from the payment
of any registration or permit fees as required by this section or
the New Jersey Uniform Fire Code:
a.
Churches;
b.
Schools;
c.
Municipal agencies;
d.
West Long Branch Community Center (for its activities only).
Discretion whether to waive or reduce the fees for any of the
above-named entities shall lie solely with the governing body. In
the event there is no Council meeting scheduled prior to the planned
event, and a permit is required, the permit fee must be paid in full
by the applicant. If a waiver or reduced fee is later approved, the
appropriate amount shall be refunded.
The fact that a fee may be waived or reduced shall not exempt
any entity from applying for, and obtaining, any required permits
before undertaking the activity planned.
[Ord. #O-08-11, S 1]
The Fire Prevention Office in the Borough of West Long Branch
shall require the owner(s) of all of the following types of new and
existing building(s) or structure(s) to have installed on their building(s)
or structure(s) a rapid-entry key box, to be located not less than
six (6') nor more than eight (8') feet from grade near the
main entrance:
b.
Any sprinklered or interconnected alarmed commercial building or
structure.
c.
Any industrial, commercial, institutional, retail or similar business
building or structure, including public and private schools, consisting
of 12,000 square feet or more.
d.
Any public or private educational institution.
e.
Any other building or structure deemed necessary by the Fire Official.
[Ord. #O-08-11, S 2]
The type of rapid-entry key box system to be installed shall
be approved by the Fire Prevention Bureau prior to the purchase of
the same. In addition to providing a rapid-entry key for the system
installed to the Bureau of Fire Prevention, the Bureau may request,
and the owner of the building or structure concerned shall provide,
the number of keys specified by the Bureau for the following areas
within the building or structure:
[Ord. #O-08-11, S 3]
Notwithstanding the provisions of any other section of this
section to the contrary, no official, employee or member of the Bureau
of Fire Prevention 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. #O-08-11, S 4]
When deemed necessary, the Fire Official may require the owner
of a building or structure to purchase and install locking Fire Department
connection cap(s) with a type to be approved by the Bureau of Fire
Prevention.
[Ord. #O-08-11, S 5]
When deemed necessary, the Fire Official may require the owner
of a building structure to purchase and install a keyed electric override
switch with a type to be approved by the Bureau of Fire Prevention
for the following:
[Ord. #O-08-11, S 6]
Violations of this section may be enforced pursuant to the Fire
Code. Violators shall be subject to the penalties set forth in that
Code.
