Township of Scotch Plains, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 72-28]
There is hereby adopted by the Township for e purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 1978 BOCA Fire Prevention Code as presently revised, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended. Not less than three copies of such code are filed in the office of the Township Clerk at the municipal building, and the same is hereby adopted and incorporated as fully as if set out at length herein. The provisions of such code shall be controlling within the Township limits.
a. 
Wherever the word "Municipality" is used in the adopted Fire Prevention Code, it means the Township of Scotch Plains.
b. 
Wherever the term "Corporation Counsel" is used in the adopted Fire Prevention Code, it means the Attorney for the Township of Scotch Plains.
c. 
Wherever the word "Chief" of the Fire Department is used in the adopted Fire Prevention Code, it means the Chief of the Bureau of Fire Prevention.
a. 
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention which shall consist of the officers and active firemen of all fire companies whose fire houses service the Township corporate limits. A Bureau of Fire Prevention, which is hereby established, shall operate under the supervision of the Chief of the Bureau of Fire Prevention.
b. 
The Chief of the Bureau of Fire Prevention shall be appointed by the Township manager, and shall serve at the pleasure of the Township manager.
c. 
The Chief of the Fire Prevention Bureau may detail such members of the fire companies as assistants and as inspectors as from time to time shall be necessary.
d. 
The Fire Prevention Bureau shall enforce all ordinances relating to the following subjects:
1. 
Inspection of potential fire hazards.
2. 
Abatement of existing fire hazards.
3. 
Investigation of the cause, origin and circumstances of fires.
4. 
Control and use of flammable liquids and flammable articles.
5. 
The enforcement of the provisions of the Fire Prevention Code adopted by the provisions of this chapter.
e. 
A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Township council with such statistics, recommendations and suggested amendments as the chief of the Bureau of Fire Prevention may desire to include therein.
The limits referred to in 12.5b of the Fire Prevention, in which storage of explosives and blasting agents is prohibited, are hereby established as all areas zoned under the zoning ordinance as R-l, R-2, R-3, R-3A, B-l, B-1A, B-2, B-3, B-4, M-l, M-2 and P.
a. 
The limits referred to in Section 16.22a of the adopted Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as all areas zoned under the zoning ordinance as R-l, R-2, R-3, R-3A, B-l, B1A, B-2, B-3, B-4, M-l, M-2 and P.
b. 
The limits referred to in Section 16.51 of the adopted Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as all areas zoned under the zoning ordinance as R-l, R-2, R-3, R-3A, B-l, B-1A, B-2, B-3, B-4, M-l, M-2 and P.
The limits referred to in Section 21. 6a of the adopted Fire Prevention Code, in which bulk storage of liquefied petroleum gases is restricted, are hereby established as all areas zoned under the zoning ordinance as R-l, R-2, R-3, R-3A, B-l, B-1A, B-2, B-3, B-4, M-l, M-2 and P.
All fees to be charged for permits under this Fire Prevention Code shall be such as the Scotch Plains Township Council may adopt from time to time by ordinance .
The Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the adopted Fire Prevention Code upon application in writing, by the owner or lessee, or a duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of such code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the bureau and a signed copy shall be furnished to the applicant.
The Township building sub code official and the Chief of the Bureau of Fire Prevention shall act as a committee to determine or 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 adopted Fire Prevention Code. The Chief of the Bureau of Fire Prevention shall post such a list in a conspicuous place in his office and distribute copies thereof to interested persons.
Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application, refuse to grant a permit applied for or issue an order to eliminate a dangerous or hazardous condition under Section 1.5 of the Fire Prevention Code, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant or person against whom such order has been issued may appeal from the decision of the Chief of the Fire Prevention Bureau to an appeal board. The appeal board shall consist of five members appointed by the Township council for five-year terms. The initial appointments shall be for terms of one, two, three, four and five years respectively, and one member shall be appointed annually thereafter at the organization meeting of the Township council. All appeals shall be heard within 20 days from the date of the appeal from the original decision made by the Chief of the Fire Prevention Bureau.
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 Scotch Plains Municipal Court or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a crime, punishable by a fine of not less than $50 nor more than $300 or by imprisonment for not less than ten days or more than 30 days or by both such fine and imprisonment. 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 ten days that prohibited conditions are maintained shall constitute a separate offense.
b. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions .
[Ord. No. 69-18]
The Township council has determined that a radio alarm system shall be installed in the Township with transmitting stations at the 41 locations hereinafter enumerated in Schedule "A."
Note: Schedule A is included as an attachment to this chapter.
a. 
To transmit fire, police, and rescue squad alarms.
b. 
To be received at a central station located at the Scotch Plains Police Headquarters.
The Township has judged that future installations of the transmitting stations shall be in accordance with the priority schedule hereinafter enumerated as Schedule "B" and that a priority schedule as hereinafter enumerated as Schedule "C" has been determined for the acceptance of private applications for the purchase of the transmission stations.
Note: Schedules B and C are included as an attachment to this chapter.
The 41 hereinafter enumerated alarm stations and central receiving equipment shall be installed and any existing alarm systems presently installed at the Scotch Plains Police Headquarters shall within 90 days from August 19, 1969, either enter into an agreement to have their existing alarm systems interfaced into the computer console at the actual cost of installation and maintenance by the Township of Scotch Plains or remove their existing equipment from the Scotch Plains Police Headquarters.
Any individual intentionally, willfully, or maliciously destroying or injuring any of the posts, alarm boxes, or other apparatus of the alarm system or intentionally, willfully, or maliciously interfering with the same or any part thereof or who hinders or impedes any of the operations intended to be accomplished thereby or who intentionally causes or assists in causing a false alarm of fire or other emergency to be given in any manner, shall upon conviction thereof, be liable to the penalty established in Chapter 3, section 3-1. All of the fines imposed and collected under and by virtue of this chapter shall be said into the treasury of the Township.
[Ord. #68-10]
a. 
No person shall make, light, start or maintain at any time in the Township any fire upon or contiguous to any street pavement, gutter or curb composed wholly or in part of stone, brick, asphalt, cement, wood, bituminous substance, or any substance or material other than natural earth, gravel or sand.
b. 
Nonapplicability. Nothing in this section is intended nor shall be construed to authorize or permit making, lighting, starting or maintaining any fire, in, on, or upon any public street, sidewalk, ground or other place in the Township.
[Ord. #68-10]
Any person who violates any of the provisions of this section shall be liable to the penalty stated in Chapter 3, section 3-1.
[Ord. No. 91-3]
[Ord. #85-20, § 1]
Pursuant to Section II of the Uniform Fire Safety Act (P.L. 1983, c.383) the New Jersey Uniform Fire Code shall be locally enforced in the Township of Scotch Plains.
[Ord. #85-20, § 2]
The local enforcing agency shall be the fire prevention bureau in the Scotch Plains Fire Department.
[Ord. #85-20, § 3]
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the Township of Scotch Plains other than owner-occupied one and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. #85-20, § 4]
The local enforcing agency established by subsection 17-4.2 above shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of department of community affairs.
[Ord. #85-20, § 5]
The local enforcing agency established by subsection 17-4. 2 shall be a part of the fire department and shall be under the direct supervision and control of the Fire Marshal.
[Ord. #85-20, § 6]
a. 
Appointment of fire official. The local enforcing agency shall be under the supervision of a fire official who shall be the Fire Marshal in charge of the bureau of fire prevention.
b. 
Removal from office. Inspector or other employees of the enforcing agency shall be subject to removal by the manager for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
c. 
Fire inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Township manager upon the recommendation of the fire official.
[Ord. #85-20, § 7]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the fire prevention bureau shall have the right to appeal to the construction Board of Appeals of the Township of Scotch Plains.
[Ord. No. 85-20 § 8; Ord. No. 98-18 § 2; Ord. No. 2015-4 § 1]
a. 
All businesses within the Township shall be required to possess a valid certificate of fire inspection. The certificate of fire inspection shall be valid for a period of one year from the date of first inspection.
b. 
The application fee for a certificate of fire inspection shall be $50.00.
c. 
The following fees shall be used in computing fire department costs as designated in N.J.A.C. 5:18-2.13b:
1. 
The fee per apparatus shall be $25.00 per hour, or part thereof.
2. 
The fee of $5.00 per firefighter or other fire department personnel per hour, or any part thereof, shall be imposed.
3. 
The fee for specialized materials or equipment shall be the actual cost incurred, plus ten percent.
4. 
Fire department costs shall include equipment required to maintain proper fire protection in the Township.
5. 
Fire department costs shall also include the costs of those agencies from other jurisdictions. If the actual cost is unavailable, costs for other jurisdictions shall be computed using the fees designated in 1, 2 and 3 of this paragraph c.
[Ord. No. 85-20 § 9; Ord. No. 90-1; Ord. No. 98-18 § 3; Ord. No. 2015-4 § 2]
The application for a permit shall be as follows:
a. Type 1
$42.00
b. Type 2
$166.00
c. Type 3
$331.00
d. Type 4
$497.00
e. Type 5
(Reserved)
a. 
The Bureau of Fire Prevention of the Township of Scotch Plains may establish fire zones and fire lanes upon all properties with the approval of the Fire Chief and the Police Chief in accordance with Section F-311 of the New Jersey Uniform Fire Code (N.J.A.C. 5:18).
b. 
Fire zones or fire lanes shall be established to insure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons, vehicles, fire hydrants, fire department connections and standpipes thereon in case of fire or other emergency.
c. 
A description showing the fire zones and fire lanes shall be filed with the bureau of fire prevention, the police department and the Township Clerk and be hereby incorporated into this subsection.
d. 
The bureau of fire prevention is further authorized to regulate, restrict and prohibit the parking and operation of motor vehicles to and near such fire zones and fire lanes and to impose other regulations necessary to insure that such areas are free from obstruction.
e. 
The fire zones or fire lanes shall be clearly outlined and marked on the pavement and/or on the adjoining building wall area. Appropriate signs stating "No Parking, Fire Zone" or "No Parking, Fire Lane" shall be installed as directed by the bureau of fire prevention.
f. 
It shall be a violation of this subsection for anyone to park or stand a vehicle in or cause an obstruction to a fire zone or fire lane.
g. 
The police department shall have concurrent jurisdiction with the bureau of fire prevention to enforce the provisions of paragraph f of this subsection.
h. 
The penalty for the violation of paragraph f of this sub-section shall be $50 for the first offense, $100 for the second offense and five hundred dollars for the third and subsequent offenses.
i. 
If the owner or operator of any vehicle which is found in violation of paragraph f of this subsection cannot be located the vehicle may be removed. All towing and impound costs shall be the responsibility of the vehicle owner. All towing and impound costs shall be satisfied before the vehicle is released.
j. 
Any person, firm or corporation failing to comply with the implementation or maintenance of a fire zone or fire lane as directed by the bureau of fire prevention shall be subject to a fine of $500 per day as outlined in the New Jersey Uniform Fire Code (N.J.A.C. 5:18-2.12(e)6).
k. 
No person, firm or corporation shall establish a fire zone or fire lane unless approved in accordance with paragraph a of this subsection. Any person, firm or corporation found to have violated this paragraph shall be subject to a fine of $500 per day as outlined in the New Jersey Uniform Fire Code (N.J.A.C. 5:18-2.12(e)6).
l. 
For the purpose of this subsection, the following definitions shall be given for the following words:
1. 
"Parking" shall mean the standing or waiting of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
2. 
"Standing" when prohibited shall mean the cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, or traffic control sign or signal.
[Ord. #93-10]
a. 
Identifying emblems for structures with truss construction shall be permanently affixed to the front of structures with truss construction.
1. 
The emblem shall be made of a white reflective back-ground material with one-quarter inch red border. The shape of the emblem shall be an isosceles triangle and the size shall be 12 inches horizontally by six inches vertically. The following letter designations shall have red letters at least two and one-half inches high and a minimum width of one-half inch for each stroke, which shall be printed on the emblem:
(a) 
"F" to signify a floor with truss construction;
(b) 
"R" to signify a roof with truss construction; or
(c) 
"F/R" to signify both floor and roof with truss construction.
2. 
The emblem shall be permanently affixed to the left of the main entrance door of the structure at a height between four and six feet above ground or in an otherwise approved location, and shall be installed and maintained by the owner of the structure.
b. 
Detached one and two-family dwellings with truss construction that are not part of a planned real estate development shall be exempt from the requirements of paragraph a above. Any owner wishing to voluntarily comply with paragraph a above shall meet the requirements of paragraph a thereof.
c. 
Individual structures and dwelling units with truss construction that are part of a planned real estate development shall not be required to have an identifying emblem if there is an emblem affixed at each entrance to the development.
d. 
It shall be unlawful to obstruct, damage, deface, or reduce the visibility of an approved sign. Signs shall be maintained in a legible condition at all times.
[Ord. #96-03, S1]
In order to promote the public safety and welfare and in order to protect life and property from the hazards of fire, the Township Council of the Township of Scotch Plains hereby authorizes the fire department to utilize its equipment and/or manpower to provide snow plowing at the residence of a Township volunteer firefighter under the following circumstances:
1. 
The volunteer firefighter is required to be on duty at the Township firehouse, and there are no available substitutes to perform his/her duties in said volunteer firefighter's place; and
2. 
The Fire Chief and/or municipal manager has the authority to approve the use of Township equipment and/or manpower to provide said snow plowing services when the volunteer firefighter cannot travel to the firehouse to perform his/her duties.
[Ord. No. 2016-1 § 2]
No person shall set off, explode or use any kind of firecrackers, torpedoes, rockets or any article commonly known as fireworks, or any revolver, pistol, toy pistol, shotgun, rifle cartridge, gunpowder, cannon, dynamite or other explosive in or upon any of the streets, or public places in the Township unless a permit therefor shall have first been obtained from the Township council.
[Ord. No. 2016-1 § 2]
No person shall, within the limits of the Township of Scotch Plains, sell, offer for sale, set off or discharge any cannon gun, revolver, toy pistol or firearms of any description whether the same be loaded with blank or full charge; provided that this section shall not apply to the use of toy pistols capable of exploding small paper caps only or to firearms loaded with blank charges used to start athletic events.
[Ord. No. 2016-1 § 2]
No person shall set off any fire balloon at anytime, anywhere, within the limits of the Township without first obtaining a permit from the Township. Said permit shall only issue upon proof, by the applicant, of adequate insurance coverage.
[Ord. No. 2016-1 § 2]
No person shall set off or use any fireworks known as rockets or other projectile fireworks, within 600 feet of any building within the limits of the Township. This section shall not apply to public or private fireworks displays under subsection 17-6.5 and performed with a Fire Safety Permit issued in conformance with the New Jersey Uniform Fire Code.
[Ord. No. 2016-1 § 2]
No person shall, without permission of the Township council, cause a public or private display of fireworks. However, the Township council may grant permission for a public display of fireworks by the Township, or religious, fraternal or civic organizations, or other groups of individuals, approved by the Township council when the Township council shall receive an application in writing. The Township council is authorized to grant such permission by resolution under the following conditions:
a. 
When such display is to be handled by a competent operator approved by the Chief of Police and the chief of the fire department of the Township, and
b. 
When a bond shall be approved by the Township Attorney as to form and sufficiency.
[Ord. No. 2016-1 § 2]
No person shall set off or use any kind of firecrackers, torpedoes, rockets or any other article commonly known as fireworks, nor any revolver, pistol, shotgun, rifle, cartridge, gunpowder, cannon, dynamite, or other explosive anywhere within the limits of the Township, unless a permit therefor shall have first been obtained from the Township council as set forth in subsection 3-7.1.
[Ord. No. 2016-1 § 2]
Nothing in this section shall be construed as interfering with the use of firearms by Federal, State, County or Township officials in the performance of their duty, or the use of firearms for military exercise or target practice, or in the lawful defense of the person, family or property of any citizen in the Township, or any person having the legal right to hunt, as provided by statute.