Prior ordinance history includes portions of Ordinances 10/9/85,
4/26/94 and 4/8/97.
[Ord. 5/24/05 § 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et
seq.) shall be locally enforced in the Borough of Victory Gardens.
[Ord. 5/24/05 § 2]
The local enforcing agency shall be the Borough of Victory Gardens
through its Borough of Fire Prevention, which is hereby created therein.
The Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
[Ord. 5/24/05 § 3]
a.
The local enforcing agency shall enforce the Uniform Fire Code in
all buildings, structures, and premises within the established boundaries
of the Borough of Victory Gardens other than one and two unit owner-occupied
dwelling used exclusively for dwelling purposes and buildings, structures
and premises owned or operated by Federal Government, interstate agencies
or the State.
b.
The local enforcing agency shall faithfully comply with all of the
pertinent requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
[Ord. 5/24/05 § 4]
[Ord. 5/24/05 § 5]
a.
Appointments and Qualifications of the Fire Official, Inspector and
Other Employees. Inspectors and other employees of the enforcing agency
shall be appointed by the Governing Body upon recommendation of the
Fire Official. All life hazard use inspectors shall be certified by
the State.
b.
Appointment of Legal Counsel. The Governing Body shall specifically
appoint legal counsel to assist the agency in enforcing the Uniform
Fire Code.
c.
Term of Office. The Fire Official shall serve for a term of a minimum
of three years. Any vacancy shall be filled for the unexpired term.
d.
Removal from Office. The Fire Official, inspectors, and other employees
for the agency shall be subject to removal by the Governing Body for
just cause. Before removal from office, all persons shall be afforded
an opportunity to be heard by the Governing Body or a hearing officer
designated by same.
[Ord. 5/24/05 § 6]
The Bureau of the Fire Prevention shall carry out the periodic
inspections of the life hazard uses required by the Uniform Fire Code
and behalf of the Commissioner of the New Jersey Department of Community
Affairs.
[Ord. 5/24/05 § 7]
In addition to the registrations required by the Uniform Fire
Code, the following non-life hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected a minimum of at
least once every five years and pay an annual fee.
|
Non-Life Use Fees
| |||
|---|---|---|---|
|
a.
|
Eating establishment with a maximum permitted occupancy of less
than 50 in which no alcoholic beverages are consumed
|
$75
| |
|
b.
|
Retail stores and other mercantile uses containing:
| ||
|
1.
|
Less than 1,200 square feet of gross floor area
| ||
|
2.
|
1,200 to 12,000 square feet of gross floor area
|
$100
| |
|
c.
|
Multiple family dwelling containing:
| ||
|
1.
|
3 to 6 dwelling units
|
$125
| |
|
2.
|
6 to 10 dwelling units
|
$150
| |
|
3.
|
More than 10 dwelling units
|
$250
| |
|
d.
|
Places of business assembly, including, but not limited to office
buildings, which are not otherwise defined by the Code as a life hazard
use
|
$125
| |
[Ord. 5/24/05 § 9]
The application fee for the permits listed in N.J.A.C. 5:70-2.7
shall be as provided by the State regulation.
(Reserved)
[Ord. 5/24/05 § 11]
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any action of the local enforcing agency shall
have the right to appeal to the local construction board of appeals.
[Ord. 5/24/04 § 12]
Enforcement, violations and penalties shall be managed in conformity
with the Uniform Fire Safety Act, the Uniform Fire Code and all other
laws of the State of New Jersey.
[Ord. 5/24/05 § 13]
Fire lanes shall be appropriately posted with signs indicating
the words "No Parking — Fire Lane" or "No Parking — Fire
Zone" in red letters on a white background, with a line bounding the
perimeter of the said sign to be 12 inches by 18 inches, made of metal
with rust-resistant reflectorized coating, posted at the ends of each
fire lane and at 100-foot intervals therein. Fire areas shall also
be designated by covering the face and top of the curb or painting
a four-inch line on the pavement of the prohibited area with a solid
yellow color of paint. The above criteria for the painting of fire
areas is to be considered the minimum, and additional painting may
be placed on the site consisting of crosshatches, solid yellow areas
or such other designations, in addition to the curb or four-inch strip
on the pavement as may serve as to act as deterrent to parking in
fire zones or lanes.
[Ord. 5/24/05 § 14]
Any vehicle which is towed as a result of a violation of this
section shall be towed at the expense of the registered owner of such
vehicle.
[Ord. 5/24/05 § 15]
A fire safety plan shall be prepared for all buildings or occupancies
except for owner-occupied one- and two-family dwellings.
[Ord. 6/9/10]
The Town of Dover will provide Victory Gardens with Fire and
Emergency Services, Personnel and Resources from its main firehouse
located at 37 North Sussex Street, Dover.
The current equipment owned and maintained by the Victory Gardens
Volunteer Fire Department will be transferred to the Town of Dover.
Dover will have the exclusive right to use the Victory Gardens
Firehouse with certain limitations as provided in the written agreement
between the Governing Bodies of both municipalities which agreement
is attached hereto and made a part hereof.
Dover will continue to use its current Dover Fire Department
and Emergency Medical Services (EMS) paid employees and volunteers.
The written agreement is for a period of 10 years but with the
ability of either municipality to withdraw this arrangement upon one
year's notice.
Victory Gardens shall pay a base fee of $33,000 annually for
the use of the fire and emergency medical services subject to possible
adjustments which will be fixed annually over the duration of the
agreement to account for adjustments in salary and benefits and/or
operating costs as substantiated by accounting records associated
with the shared fire and emergency medical services, personnel and
resources.
Victory Gardens will be able to obtain a substantial savings
which benefits must continue into the future.
This agreement is entered into in accordance with the Uniform
Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.
[Ord. 12/27/97 § VIII
§ M]
a.
Adoption by Reference. There is hereby adopted by the Mayor and Borough
Council for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion that a certain
code known as the State Uniform Fire Safety Code, copies of which
shall be filed in the office of the Borough Clerk. The State Uniform
Fire Safety Code and all the provisions, modifications, revisions
and updating thereof are hereby adopted and incorporated as fully
as if set out in length herein, and from the date of which this section
shall take effect the provisions thereof shall be controlling within
the limits of the Borough.
b.
Amendments, Revisions to the State Uniform Fire Safety Code. All
future provisions, modifications, revisions, amendments and updating
of the State Uniform Fire Safety Code shall become effective in the
Borough immediately upon promulgation without further action of the
Mayor and Council.
1.
The State Uniform Fire Safety Code shall be enforced by the Fire
Marshal of the Borough.
2.
A monthly report of the activities of the Fire Marshal shall be included
in the fire report submitted to Borough Council. The Fire Marshal
also recommends in this report any amendments to ordinances which
he/she judges desirable.
c.
State Uniform Fire Safety Code.
1.
Whenever the word "municipality" is used in the State Uniform Fire
Safety Code, it shall be held to mean the Borough of Victory Gardens.
2.
Whenever the term "corporation counsel" is used in the State Uniform
Fire Safety Code, it shall be held to mean the attorney for the Borough.
3.
Wherever the words "Chief of the Bureau of Fire Prevention" are used
in the State Uniform Fire Safety Code they shall be held to mean the
Fire Marshal.
[Ord. 12/27/97 § X]
The Fire Marshal shall determine and specify, after giving affected
persons an opportunity to be heard, any new materials, processes or
occupancies, which shall require permits, in addition to those now
enumerated in the Code. The Fire Marshal shall post such list in a
conspicuous place in his office, and distribute copies thereof to
interested persons.
[Ord. 12/27/97 § XI]
a.
Any person who shall violate any of the provisions of the Code hereby
adopted or fail to comply therewith, or who shall violate or fail
to comply with any order made thereunder, or who shall build in violation
of any detailed statement of specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder
and from which no appeal has been taken, or who shall fail to comply
with such an order as affirmed or modified by the Mayor and Borough
Council or by a court of competent jurisdiction, within the time fixed
herein, shall severally for each and every violation and noncompliance
respectively be liable to the penalties as follows:
1.
First Violation: A minimum of $250 and a maximum of $500 each day
the violation continues.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue; and all such persons shall
be required to correct or remedy such violations or defects within
a reasonable time; and when not otherwise specified, each 10 days
that prohibited conditions are maintained shall continue a separate
offense.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Ord. 12/27/97 § XII]
a.
It shall be the duty of the Fire Marshal to enforce all laws and
ordinances covering the following:
1.
The prevention of fires;
2.
The storage and use of explosives and flammables;
3.
The erection, maintenance and regulation of fire escapes;
4.
The maintenance of protection and the elimination of hazards of buildings
and structures, including those under construction;
5.
The means and adequacy of exit in case of fire from factories, schools,
hotels, lodging houses, asylums, hospitals, churches, halls, theaters,
amphitheaters, and all other places in which numbers of persons work,
live or congregate for any purpose;
6.
The investigation of the cause, origin and circumstances of fires;
7.
He/she shall have such other powers and perform such duties as are
set forth in other sections of this and other ordinances, and as may
be conferred and imposed by law;
8.
Nothing herein shall prohibit the Fire Marshal to call upon the Fire
Chief to aid him in his efforts to police this section. The Fire Marshal
shall have the sole discretion to determine whether or not the Fire
Chief has the qualifications to meet this mission.
[Ord. 12/27/97 § XIII]
The intent of this chapter is to safeguard and restrict the
storage, handling and use of dangerous and hazardous materials to
a reasonable degree with respect to injury to persons and destruction
of property. Installation, construction, and safeguards shall be provided
in a standard, modern and approved manner. Compliance with standards
of the National Board of Fire Underwriters shall be prima facie evidence
of such approved manner.
[Ord. 12/27/97 § XIV]
As used in this section:
When applied to materials, type of construction, appliances,
installations and containers refers to approval by the Superintendent
of the Bureau of Fire Prevention as a result of investigations and
tests conducted by him, or by reason of accepted principles, or tests
by the National Bureau of Standards.
Shall mean the authority issued by the Borough Clerk, on
approval of the Bureau of Fire Prevention, independently or jointly
in connection with any other municipal authority, for a period of
not in excess of one year for the purpose of conducting a business,
trade, occupation or calling.
Shall mean permission granted by the Bureau of Fire Prevention
to establish, maintain, store or handle materials, or to conduct processes
which produce conditions hazardous to life or property. Such a permit
does not take the place of any license required by law. It shall be
issued for a period of one year, not transferable, and any changes
in use or occupancy shall require a new permit.
Shall mean and include any person, persons, firm or corporation.
Shall mean the standard practices and requirements set forth
by the National Board of Fire Underwriters in the "Suggested Fire
Prevention Ordinance, and ordinance establishing a Fire Prevention
Bureau, and prescribing regulations for fire prevention and protection
in connection with hazardous materials and processes, Edition of 1956."
[Ord. 12/27/97 § XV]
The Fire Marshal or his designee may, at all reasonable hours,
enter any building or premises within his/her jurisdiction for the
purposes of making any inspection or investigation which, under the
provisions of this chapter, he/she may deem necessary to be made.
a.
Inspections, Hazardous Conditions. The Fire Marshal shall inspect
as often as may be necessary, but not less than once each year, all
specially hazardous manufacturing processes, storage or installation
of gases, chemicals, oils, explosives and flammable materials; all
interior fire alarm and automatic sprinkler systems, and such other
hazards or appliances as the Fire Marshal shall designate; and shall
cause to be issued such orders as may be necessary for the enforcement
of the laws and ordinances governing the same and for safeguarding
life and property from fire.
b.
Inspections; Buildings. It shall be the duty of the Fire Marshal
to inspect or cause to be inspected, as often as he deems necessary,
all buildings and premises, except the interiors of one-family private
dwellings, for the purpose of ascertaining and causing to be corrected
any conditions liable to cause a fire, or any violations of the provisions
of, or intent of, any ordinances of the Borough affecting the fire
hazard.
Whenever an inspection, as defined above, shall disclose in
any building or upon any premises, combustible or explosive matter
or dangerous accumulations of rubbish, waste paper, boxes, shavings
or any highly flammable materials, and which is so situated as to
endanger life or 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, the Fire Marshal shall order the same to be removed
or remedied.
c.
Inspections; Places of Assembly. It shall be the duty of the Fire
Marshal to inspect, or cause to be inspected, each place of assembly
as often as he shall deem necessary, and at such times, including
times of occupancy and use, as to insure compliances with all laws,
regulations and orders dealing with overcrowding, use of decorations,
maintenance of fire appliances in such places of assembly. Where conditions
are found to be unsatisfactory, a written order for immediate correction
shall be issued.
d.
Inspections; On Complaint. The Fire Marshal, upon the complaint of
any person, or whenever he shall deem it necessary, shall inspect
any and all buildings within his/her jurisdiction. Whenever he/she
shall find any building or other structure which for want or repairs,
lack of sufficient fire escapes, automatic or other fire alarm apparatus,
or fire extinguishing equipment, or by any reason of age or dilapidated
condition, or from any other cause, is especially liable to fire,
or which is so situated as to endanger other property or the occupants
thereof; and whenever such an inspection discloses in any building,
combustible or explosive matter or flammable conditions dangerous
to the safety of such building or the occupants thereof, the Fire
Marshal or his designee shall order such dangerous conditions or material
to be removed or remedied.
[Ord. 12/27/97 § XX]
a.
The service of such orders as mentioned in this section shall be
made by the Fire Marshal or his designee upon the owner, occupant,
or other person in control of or responsible for the conditions in
any one of the following ways;
1.
By delivering a copy of same personally to one of the aforesaid;
or
2.
By delivering the same to, and leaving it with any person over the
age of 14 years who is in charge of the premises, or
3.
In the event no such person is found upon the premises, by affixing
a copy thereof in a conspicuous place on the door to the entrance
of the premises; or
4.
By mailing same, by registered or certified mail, to the owner, occupant,
or other person in control of, or responsible for, the conditions.
Service shall be effective as of the time of mailing.
b.
Any such order shall forthwith be complied with by the owner or occupant
of such premises of the building. If such order is made by the Fire
Marshal, such owner or occupant may within 48 hours following the
serving of such order, appeal to the Mayor and Council, as provided
above. The Mayor and Council shall, within five days, review such
order and file its decision thereon; and unless by its authority the
order is revoked or modified, it shall remain in full force, and be
complied with within the time fixed in the order or decision of the
Mayor and Council.
[Ord. 12/27/97 § XXI]
a.
The Fire Marshal shall investigate the cause, origin and circumstances
of every fire occurring in the Borough involving loss of life or injury
to person, or by which property has been destroyed or damaged and,
so far as possible, shall determine whether the fire is the result
of carelessness or design. Such investigations shall begin immediately
upon the occurrence of such fire, and if it appears to the Fire Marshal
that such fire is of suspicious origin, he/she shall take charge immediately
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matter, and shall further
cooperate with the authorities in the collection of evidence and the
prosecution of the case.
b.
Every fire shall be reported in writing by the Fire Chief to the
Fire Marshal within two days after the occurrence of same. Such report
shall be in such form as shall be prescribed by the Fire Marshal and
shall contain a statement of all facts relating to the cause, origin
and circumstances of such fire, injury to persons, and extent of the
damage thereof, and the insurance upon such property, and such other
information as may be required.
[Ord. 12/27/97 § XXII]
a.
The Borough Attorney, upon request of the Fire Marshal, shall assist
the Fire Marshal in the investigation of any fire which, in his opinion,
is of suspicious origin.
b.
Additionally the Fire Marshal shall call upon the State Police to
aid in any investigation which he believes may be of a suspicious
origin.
[Ord. 12/27/97 § XXIII]
It shall be the duty of the Fire Marshal or his designee to
require principals or supervisors of public, parochial or private
schools and educational institutions to have one fire drill each month
and to keep all doors of exit unlocked during school hours or when
the building is otherwise in use.
[Ord. 12/27/97 § XXIV]
Nothing contained in this chapter shall be construed as applying
to the transportation of any article or thing shipped in conformity
with the regulations prescribed by the Interstate Commerce Commission,
nor as applying to the military or naval forces of the United States.
[Ord. 12/27/97 § XXV]
All applications for a permit required by this chapter shall
be made to the Fire Marshal in such form and detail as he/she shall
prescribe.
[Ord. 12/27/97 §§ XXVI,
XXVII, XXVIII]
a.
Retention of Licenses and Permits. Permits and licenses shall at
all times be kept on the premises designated therein, and shall be
subject to inspection by the Fire Marshal or the Fire Chief.
b.
Inspection Prior to Issuance. Before a license or permit shall be
issued, the Fire Marshal shall inspect and approve the receptacles,
vehicles, buildings or storage places to be used. Some of the provisions
included in this chapter may also be covered by other laws or regulations
enforceable by departments other than the Fire Marshal or Fire Department.
In such cases, joint approval shall be obtained by the Fire Marshal.
c.
Refusal to Issue Permit; Appeal. Whenever the Fire Marshal shall
reject or refuse to grant a license or a permit, or when it is claimed
that provision of this chapter, or any ordinances relating thereto
do not apply, or when it is claimed that the true intent and meaning
of this chapter or any regulations have been misconstrued or wrongly
interpreted, and the license or the permit applied for having been
refused by the Fire Marshal then the person may appeal from the decision
of the Fire Marshal, in writing, as provided by law.
[Ord. 12/27/97 § XXIX]
This chapter shall not be construed to affect the responsibility
of any party owning, operating or installing any equipment for damages
to persons or property caused by any defect therein, nor shall the
Borough be held as assuming any such liability by reason of the inspection
or reinspection authorized herein, or the permit or license issued
as herein provided, or by reason of the approval or disapproval of
any equipment authorized herein.
[Ord. 12/27/97 § XXX]
All fire prevention ordinances and parts of such ordinances
which are inconsistent with this chapter are hereby repealed, except
that the restrictions and requirements of any statute or ordinance
shall not be deemed to be modified by any provisions of this chapter;
such restrictions or requirements shall be controlling except insofar
as this chapter imposes greater or more stringent requirements, in
which case the provisions of this chapter shall control.
[Ord. 5/10/94 § 1]
The provisions of this section shall apply to any person who
operates, maintains or owns any alarm device or local alarm designed
to summon Fire Departments to any location in response to any type
of alarm signal.
[Ord. 5/10/94 § 2]
As used in this section:
Shall mean the console or control panel of devices giving
visual, audio or electronic responses.
Shall mean any alarm device or combination of devices installed
by one or more buildings in a location other than the alarm console.
Shall mean that type of device using telephone lines transmitting
an alarm through a central station alarm company and not directly
through the Police switchboard.
Shall mean the actuation of a fire alarm device of any type
to which the Fire Department must respond and for which an investigation
fails to reveal a cause for which the alarm device was designed or
intended to react.
Shall mean any alarm or device which when activated produces
a signal not connected to the alarm console including, but not limited
to: store fire alarm bell activating devices, and residential or other
type of alarm signal devices connected to private monitoring systems,
which alarms may be relayed to the firehouse.
Shall mean any type of alarm system actuating equipment in
the alarm console providing warning of fire or smoke.
[Ord. 5/10/94 § 3;
New]
a.
In case of false fire alarm, the Fire Department shall be notified
and the Chief and/or Fire Official shall participate in the investigation.
The report of a false alarm shall be filed with the Fire Official
who shall determine the appropriate penalty in accordance with N.J.A.C.
5:18-2.12.
b.
There is no charge for the first false alarm in any year. The owner
of any alarm device shall pay a penalty of $25 for the second false
fire alarm within any one calendar year, January 1 through December
31.
Thereafter, a penalty shall be imposed for any subsequent false
fire alarms within the same calendar year. The charge shall be determined
by the total number of false alarms within the same calendar year
in accordance with the following schedule:
|
Residential Fire Alarms
|
All Other Fire Alarms
| |
|---|---|---|
|
Third False Alarm
|
$75
|
$75
|
|
Fourth False Alarm
|
$125
|
$125
|
|
Fifth False Alarm
|
$175
|
$175
|
|
Sixth False Alarm
|
$225
|
$225
|
|
Seventh False Alarm
|
$275
|
$275
|
|
Eighth False Alarm
|
$325
|
$325
|
|
Ninth False Alarm
|
$375
|
$375
|
|
Tenth False Alarm
|
$450
|
$450
|
|
Eleventh False alarm and any subsequent false alarms within
the same calendar year
|
$575
|
$575
|
|
A failure to pay the aforesaid penalty within 60 days of billing
shall constitute a violation.
|
|
Any penalties collected by the Fire Official from this section
shall be placed in the LEA Trust Account. These monies are to be used
solely for the purchasing of materials for Public Education of Fire
Prevention.
|
[Ord. 5/10/94 § 4]
The owner shall take all necessary steps to ascertain immediately
the cause of any false fire alarm and to alleviate the problem. A
disregard by the owner to take reasonable precautions to avoid false
fire alarms shall be deemed to be a violation of the Uniform Fire
Code (N.J.A.C. 5:18).
[Ord. 5/10/94 § 5]
Testing of alarms required by the Uniform Fire Code or practice,
without prior notice, shall be considered false alarms.
