[Ord. No. 72-28; amended 3-20-2018 by Ord. No. 2018-3; 6-17-2019 by Ord. No. 2019-13]
[Amended 2-15-2022 by Ord. No. 2022-10]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced
in the Township of Scotch Plains and in the Borough of Mountainside.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 2-15-2022 by Ord. No. 2022-10]
a.
There is hereby created the Bureau of Fire Prevention in the Fire
Department of the Township of Scotch Plains, which said Bureau shall
be operated under the control of the Chief of the Fire Department
or his designee.
b.
The local enforcing agency shall be the Township of Scotch Plains
Fire Department, through the Bureau of Fire Prevention.
[Amended 2-15-2022 by Ord. No. 2022-10]
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 established boundaries of the Township
of Scotch Plains and the Borough of Mountainside, except state and
federal owned buildings and owner-occupied buildings used exclusively
for dwelling purposes and containing fewer than three dwelling units,
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the Uniform Fire Code.
[Amended 2-15-2022 by Ord. No. 2022-10]
The local enforcing agency established by Subsection 17-1.2 of this section shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 2-15-2022 by Ord. No. 2022-10]
The local enforcing agency established by Subsection 17-1.2 of this section shall be a part of the Township of Scotch Plains Fire Department and shall be under the direct supervision of the Fire Official, who reports to the Chief of the Department or his designee, and shall be comprised of the membership of the Bureau of Fire Prevention and such other sworn officers and members as are designated by the Chief of the Department to conduct such work. The Chief of the Fire Department shall appoint such other members as needed to carry out the functions of this Bureau.
[Amended 2-15-2022 by Ord. No. 2022-10]
a.
The Fire Official shall be appointed by the Township Manager in consultation
with the Chief of the Fire Department.
b.
The Township Manager, in consultation with the Chief of the Fire
Department, shall appoint such other members as needed to carry out
the functions of the Fire Prevention Bureau and the local enforcing
agency.
c.
Such appointments shall be for a period of one year unless an alternate
term is provided for by employment agreement or resolution, commencing
on the first day of each subsequent year. The Township Manager shall
appoint the Fire Official initially commencing on the effective date
of this section, which appointment shall expire on January 1, 2019.
Any vacancy shall be filled for the unfilled term of office.
d.
Such inspectors and other employees as may be necessary in the local
enforcing agency shall be appointed by the Township Manager, in consultation
with the Chief of the Fire Department, to carry out the functions
of the local enforcing agency and the Fire Prevention Bureau.
e.
The Fire Official, inspectors and such other employees described
above shall be subject to removal by the Township Manager for inefficiency
or misconduct. Each person or employee so removed shall be afforded
an opportunity to be heard by the appointing authority or a designated
hearing officer, in accordance with the law.
[Amended 2-15-2022 by Ord. No. 2022-10]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the Township of Scotch Plains.
[Amended 2-15-2022 by Ord. No. 2022-10]
[Amended 2-15-2022 by Ord. No. 2022-10]
a.
The following buildings, uses and premises contained in this section
shall be subject to registration fees and periodic inspections:
2.
C-2 inspections:
(a)
Business use with more than 1,000 square feet but less than
2,500 square feet.
(b)
Mercantile use with more than 1,000 square feet but less than
2,500 square feet.
(c)
Eating establishments with a maximum occupancy load of fewer
than 50.
(d)
Factory use with less than 2,500 square feet.
(e)
Storage use with less than 2,500 square feet.
3.
C-3 inspections:
(a)
Business use with more than 2,500 square feet but less than
10,000 square feet.
(b)
Mercantile use with more than 2,500 square feet but less than
7,500 square feet.
(c)
Factory use with more than 2,500 square feet but less than 12,000
square feet and all occupancies in Use Group F-2.
(d)
Storage use with more than 2,500 square feet but less than 12,000
square feet.
(e)
Common areas of multitenant buildings that are less than three
stories.
b.
Required inspections.
1.
All C-type inspections shall be conducted for compliance with the
provisions of this code periodically, but not less than specified
herein:
3.
Annual registration fees may be increased by resolution.
4.
An occupant shall be required to register with the Bureau of Fire
Prevention prior to commencing occupancy; except that a Type C-6 registration
shall not be required for occupancy of less than 90 days, provided
that the business is located within a building that has a current
registration as a Type C-3 or C-4 building.
c.
Occupancies registered as life hazard uses (LHUs), as per the rules
and regulations of the New Jersey Uniform Fire Code, shall be exempt
from all locally required registration fees.
d.
Periodic inspections shall be completed on other structures not mandated
by the Uniform Fire Safety Act and the Uniform Fire Code, other than
one- and two-family owner-occupied dwellings.
e.
Inspection and certification of smoke and carbon monoxide detectors.
1.
Inspections and certificates regarding smoke detectors and carbon
monoxide detectors required for the sale, lease or other occupancy
of residential dwellings required by the New Jersey Uniform Fire Safety
Act, P.L. 1991, c. 92 (N.J.S.A. 57:27D-198.1), and its amendments,
shall have a fee of $100, which is included within the fee for the
continuing certificate of occupancy certificate.
2.
Residential dwelling inspections performed by the Bureau of Fire
Prevention may include a supplemental inspection of sump pumps, fire
extinguishers, address identification, or compliance with other requirements
as set forth by the Township's Fire Official or Building Official.
3.
In the event that an inspection is not passed for the reason of noncompliance
of requirements or missed appointment by the applicant or their designee,
a new application and fee must be submitted.
4.
The fee for inspections and certificates under this section may be
increased by resolution.
5.
Placement of detectors must comply with N.J.A.C. 5:70-4.19.
[Ord. No. 69-18; amended 3-20-2018 by Ord. No. 2018-3]
All properties within the Township of Scotch Plains, except
owner-occupied buildings used exclusively for dwelling purposes and
containing fewer than three dwelling units, shall be equipped with
a rapid entry key box.
The rapid entry box shall be of the type approved by the Fire
Official of the Township of Scotch Plains Bureau of Fire Prevention.
The rapid entry key box shall be installed in a location outside of
the building, structure or other improvement approved by the Fire
Official.
a.
The rapid entry key boxes shall contain the following:
1.
Keys to locked points of ingress or egress, whether such points are
on the interior or exterior of the building.
2.
Keys to locked mechanical equipment rooms.
3.
Keys to locked electrical rooms.
4.
Keys to elevator controls.
5.
Keys to fire alarm panels and controls.
6.
Keys to other areas as mandated by the Fire Official.
b.
All existing occupied buildings shall comply with this section within
18 months of the effective date of this section. All existing buildings
not occupied on the effective date of this section shall comply prior
to occupancy. All existing buildings at a change of occupancy shall
comply prior to reoccupancy. All buildings, structures and other improvements
under construction or newly constructed buildings, not yet occupied,
shall comply immediately and, in all events, prior to occupancy.
Any building owner violating this section after notice from
the Township of Scotch Plains Fire Official shall be subject to assessed
penalties in accordance with N.J.A.C. 5:70-2.12.
[Ord. #68-10; amended 3-20-2018 by Ord. No. 2018-3]
a.
The Township Council of the Township of Scotch Plains finds that
recreational fires and burning of combustible materials in a residential
setting may pose a serious hazard to the public health, safety, general
welfare and the quality of life of the residents of Township of Scotch
Plains. The public has a right to and should be ensured of an environment
free from noxious fumes and the threat of fire. It is the policy of
the Township of Scotch Plains to prevent the danger of fire from open
burning which is a detriment to the public health, comfort, safety,
welfare and quality of life.
b.
It is in the public interest that the provisions, prohibitions and
controls hereinafter contained be enacted as a matter of legislative
determination and public policy and be adopted for the purpose of
securing and promoting the public health, comfort, safety, and general
welfare and quality of life of the residents of the Township of Scotch
Plains.
For the purpose of this section, the following definitions shall
apply:
As defined by the manufacturers, shall mean approved containers
for open burning.
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than two inches in diameter.
Any odor, emission, or event that prevents the reasonable
use and enjoyment of one's property.
An outdoor fire where seasoned wood of approved dimensions
is burned for entertainment.
Dry wood which has milled and dried and has been treated
or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
Dry wood which has milled and dried but which has not been
treated or combined with any petroleum product, glue, chemical, preservative,
adhesive, stain, paint or other substance.
a.
Recreational fires in approved containers shall be allowed without
a permit at one- and two-family owner-occupied homes, duplexes, and
townhomes, subject to the regulations contained herein.
b.
Fires shall be limited to a maximum three-foot diameter and two-foot
height, and must be contained in a noncombustible chiminea, outdoor
fireplace, fire pit or other method approved by the Fire Chief or
his designee.
c.
All openings in the container or fire pit must be covered with wire
mesh or other screening materials that will prevent the passage of
sparks or embers.
d.
Fires must be kept in the rear yard at least 15 feet from any structure
or combustible exterior wall.
e.
Fires must be constantly attended until the fire is extinguished.
A minimum of one portable fire extinguisher with a minimum 4-A rating
or other approved on-site fire extinguishing equipment, such as dirt,
sand, water barrel, or garden hose, shall be available for immediate
utilization.
f.
No such fire or container used for open burning may be used on any
porch, deck, balcony or any other portion of a building; within any
room or space; or under any building overhang.
g.
The burning of yard waste, leaves, brush, vines, evergreen needles,
branches smaller than two inches in diameter, treated or untreated
lumber, garbage, paper products or anything other than firewood as
set forth herein is prohibited, except that kindling may be used to
start a fire.
h.
All open fires as set forth herein shall be extinguished no later
than 12:00 midnight.
i.
The Fire Chief or his designee, a police officer, or health officer
may order any open fire, or use of a chiminea, outdoor fireplace or
fire pit which creates a nuisance, to be extinguished.
a.
This section shall be jointly administered by the Fire Department,
the Police Department, and the Health Department.
b.
Any person, firm or corporation violating any of the provisions of
this section shall be liable to a penalty of not less than $200 nor
more than $2,000 per occurrence.
c.
All fines received under this section shall be held in a trust account
by the Township's Finance Department and shall be utilized only for
training and equipment for the Township's Fire Department.
[Ord. #85-20, §§ 1 through 8; Ord. No. 85-20 § 9; Ord.
No. 90-1; Ord. No. 91-3; Ord. #93-10; Ord. No. 98-18 §§ 2 and 3; Ord. No. 2015-4 §§ 1 and 2; amended 3-20-2018 by Ord. No. 2018-3; 10-15-2019 by Ord. No. 2019-20]
a.
The Township Council of the Township of Scotch Plains finds that
false fire alarms place an unnecessary and serious hazard to first
responders and the residents of the Township of Scotch Plains. Additionally,
false fire alarms can misdirect valuable firefighting resources and
create a lack of equipment and manpower in the event of an actual
emergency.
b.
The purpose of this section is to facilitate the reduction of false
fire alarms and the misuse of the manpower and resources of the Fire
Department caused by the dispatch of units to the scene of a false
alarm.
For the purpose of this section, the following definitions shall
apply:
An unusual, extraordinary, sudden or unexpected display of
the forces of nature against which the science and the skill of mankind
are of no avail.
Any device or piece of equipment or an assembly of equipment
and devices designed or arranged to signal visibly, audibly, electronically,
mechanically or by any combination of these methods the presence of
a fire requiring urgent attention and to which the Township's Fire
Department is expected to respond.
Any person, whether owner, occupant or tenant, residential
or commercial properties, upon whose premises an alarm system is maintained
or operated within the Township, except for alarm systems on motor
vehicles.
Any activation of an alarm system not resulting from a fire
of the type which the alarm system is designed and intended to detect,
except activation caused by criminal activity or Acts of God.
Any individual, partnership, corporation, unincorporated
association or any group of persons.
a.
No alarm user shall maintain, use, or allow the use of an alarm system
or alarm systems, which signals false alarms.
b.
An alarm system user shall be in violation of this Code whenever
any alarm system signals more than two false alarms in any 365-day
period.
c.
Except as otherwise set forth herein, any person who violates this
section shall be punishable by a civil fine determined in accordance
with the following schedule:
1.
The fine for the first false alarm in excess of the number herein
permitted shall be $100.
2.
The fine for the second false alarm in excess of the number herein
permitted shall be $150.
3.
The fine for the third false alarm in excess of the number herein
permitted shall be $250.
4.
The fine for the fourth and each subsequent false alarm in excess
of the number herein permitted shall be not less than $500.
d.
In addition to the civil fines as set forth herein, the Township may also recover its direct and indirect costs of responding to any false alarm as provided for by § 17-9.
e.
It shall be a violation of this subsection for any person, firm,
or corporation to fail to pay the amounts hereunder due within 30
days of invoice or other written demand.
All false alarm fees received under this section shall be held
in a trust account by the Township's Finance Department and shall
be utilized only for training and equipment for the Township's Fire
Department.
[Ord. #96-03, S1; amended 3-20-2018 by Ord. No. 2018-3; 10-15-2019 by Ord. No.
2019-20]
a.
Fire lanes, fire zones, and access roads shall be designated as follows
for the efficient and effective use of fire apparatus, access for
firefighting and/or the egress of occupants.
b.
The Fire Official may establish fire lanes, fire zones, or fire access
roads on property devoted to public and private use, in accordance
with N.J.A.C. 5:70-3.2(a)5, Section 503.
c.
Any and all fire lanes and/or fire zones created by prior ordinance
are hereby continued in effect, and when repairs or modifications
are made to such fire lanes, they shall be brought into conformity
with this code, as much as shall be practical in the Fire Official's
judgment.
The owner shall, within 30 days of being given notice to do
so by the Fire Official, mark the lane(s) as follows:
a.
Signs, with a minimum dimension of 12 inches by 18 inches, constructed
of metal and with red letters a minimum of two inches in size on a
white background, shall be posted at a level at least seven feet above
grade, indicating "NO PARKING FIRE LANE" or "NO PARKING FIRE ZONE."
Spacing of signs shall be even, with a minimum of one sign for every
100 feet of fire lane or part thereof, or as ordered by the Fire Official.
All signs and markings must be unobstructed and visible for a distance
of at least 100 feet when viewed from a position approximately five
feet above the ground while in the fire lane or fire zone.
b.
The area of a fire lane or fire zone on improved areas shall be delineated
along its entire length with yellow lines four inches in width extending
48 inches from the curb. Between the yellow line and the curb shall
be marked "Fire Lane" or "Fire Zone" in yellow block letters 24 inches
in height. The number of times this wording is repeated shall be at
the discretion of the Fire Official, with the recommended spacing
to be at intervals of 100 feet, spaced so as to be between and alternate
with the metal signs required above. If the designated fire lane abuts
a curb, the curbing shall be yellow in color at the discretion of
the Fire Official.
Fire lanes for vehicle access shall be a minimum of 20 feet
in width or as approved by the Fire Official. Fire lanes for egress
of occupants shall be a minimum of at least the width of the exit
way served.
Once a fire lane has been designated by the Fire Official, approved
as provided above and properly marked by the owner of the premises,
the Fire Official shall notify the Police Department, Construction
Official and the Municipal Court Administrator, in writing, of the
existence and location of the designated fire lane(s).
a.
Fire lanes and fire zones shall be installed and maintained by the
owner of the premises or a designee in conformity with the provisions
of this section. Fire lanes and fire zones in existence prior to the
enactment of this section shall be required to conform to the provisions
herein at the discretion of the Fire Official. Fire lanes and fire
zones must be accessible for fire apparatus use at all times. In the
event that a property owner fails to comply with the requirements
of this subsection within 30 days of written notice from the Fire
Official, the Fire Official may arrange to have signs installed and
pavement painted at the expense of the property owner, said amount
to be assessed against the property affected and collected through
the Tax Collector's office.
a.
Designated fire lanes and fire zones shall be maintained free of
snow and obstructions, including vehicles, at all times.
b.
No person shall park any vehicle or otherwise cause any obstruction
to be placed within 50 feet of the entrance to any fire station or
other place where fire apparatus is stored or within 10 feet of any
fire hydrant.
c.
Any chief officer or captain of the Scotch Plains Fire Department,
a police officer of the Scotch Plains Police Department, a fire inspector
of the Scotch Plains Fire Prevention Bureau, or the Fire Official
may complete a municipal summons, or a notice of violations, and said
summons or notice of violations shall be issued to all offenders by
personally serving the same upon any offender, or, if the offender
is not attendant to the vehicle, the notice shall be left under the
windshield wiper or otherwise attached to the vehicle in a manner
reasonably calculated to ensure that the offender receives said notice
upon his or her return to the vehicle.
d.
It shall be a violation of this subsection for anyone to park or
stand a vehicle in or cause an obstruction to a fire lane or fire
zone. A violator of this subsection shall be liable to a fine of $250
for the first offense and, for subsequent offenses, a fine of at least
$250 and up to 90 days' community service on such terms and in such
form as the court shall deem appropriate, or any combination thereof.
e.
The Township Police or Fire Department officials shall have the power
to order removed any vehicle violating this section, and the owner
of the vehicle shall be responsible for any towing fees incurred,
as well as penalties for violation of this section.
f.
This section shall supersede any and all provisions of any other
ordinance promulgated for the enforcement of parking in fire lanes.
Enforcement shall only be done by personnel from either the Police
Department or the Fire Department. Personnel enforcing these provisions
shall be either uniformed or carry appropriate identification.
[Ord. No. 2016-1 § 2;
amended 3-20-2018 by Ord. No. 2018-3]
a.
The emblem shall be made of a white reflective background material
with a 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 2 1/2 inches high and a minimum width
of one-half inch for each stroke, which shall be printed on the emblem:
b.
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.
d.
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.
e.
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.
[Added 3-20-2018 by Ord. No. 2018-3]
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 therefore shall have
first been obtained from the Township Council.
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.
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.
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 17-7.5 and performed with a fire safety permit issued in conformance with the New Jersey Uniform Fire Code.
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;
b.
The person or entity granted permission shall agree to reimburse costs incurred by the Fire Department under § 17-9; and
c.
When a bond shall be approved by the Township attorney as to form
and sufficiency.
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 therefore shall have first been obtained from the Township
Council.
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. Nothing in this section
shall be construed to prohibit the possession and/or use of consumer
quantities of nonexplosive, nonaerial sparkling devices and novelties
as permitted by N.J.S.A. 21-3.2.
[Added 3-20-2018 by Ord.
No. 2018-3]
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.
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.
[Added 3-20-2018 by Ord.
No. 2018-3; amended 10-15-2019 by Ord. No. 2019-20]
As used in this section, the following terms shall have the
meanings indicated:
The Township of Scotch Plains Fire Department.
A natural person or persons, partnership, corporation, association,
firm or other legal entity.
The person having received emergency services provided by
the Fire Department.
The purpose of this section is to provide authority, procedures
and requirements to seek collection and reimbursement for the reasonable
costs of nonemergency standby and responding to emergency incidents
by the Fire Department for fire service calls, hazardous material
incidents, environmental incidents, and safety and rescue incidents
coordinated via Union County Dispatch and 911 responses, and those
that use hazardous material abatement equipment and materials are
also eligible for reimbursement.
The governing body of the Township of Scotch Plains authorizes
the Scotch Plains Fire Department and/or the Township of Scotch Plains
to recover the real and reasonable costs incurred for firefighting
materials or equipment used and expended; the costs of personnel and
the use of fire trucks, fire engines, rescue equipment, and other
vehicles; the costs of hazardous situation abatement materials involved
in any fire, safety and rescue incident or operation, and hazardous
abatement incident, including vehicular accidents or fires.
a.
The Township of Scotch Plains recognizes the Fire Department's need
to bill for fire, rescue and hazmat services to aid in the provision
of emergency services.
b.
No person requiring emergency services shall be denied services due
to lack of insurance or ability to pay.
c.
Rates for equipment used shall be derived from "FEMA's Schedule of
Equipment Rates" as issued and amended from time to time by the United
States Department of Homeland Security.
d.
Rates for manpower shall be billed at the initial rate of $50 per firefighter per hour with any fractional hour rounded up to the next highest hour. Rates for fire watch shall be billed in accordance with the fees established by § 17-12.5.
[Amended 8-10-2021 by Ord. No. 2021-17]
e.
Any applicable charges for emergency services rendered shall be billed
directly to the user of such services or the user's insurance company.
f.
The Township of Scotch Plains and/or the Fire Department may, either
directly or through any third-party billing agency with which it has
contracted for billing and/or collections for volunteer fire, rescue
and hazmat services, make arrangements with users of such services
and/or their financially responsible party for the installment payment
of bills.
g.
The Fire Department shall provide a financial reporting to the Township
of Scotch Plains' Chief Financial Officer on a semiannual basis of:
a.
The Township of Scotch Plains and/or the Fire Department is hereby
authorized to enter into a contract with a third-party billing agency
and/or collection agency for the performance of nonemergency, emergency,
rescue and hazmat services billing and/or collection services, provided
that the following standards for third-party billing are met:
1.
The third-party billing service is to be provided at an amount consistent
with the fair market value for the services rendered.
2.
Neither the billing agency nor any of its employees are subject to
exclusion for any user fee.
3.
The billing agency is bonded and/or insured in amounts satisfactory
to the Township of Scotch Plains.
b.
The Township of Scotch Plains and/or the Fire Department may, at
its discretion, bill additionally for material and vehicle costs in
the case of any malicious false call or alarm or for any major, extraordinary
or unique incidents, including, but not limited to, hazardous material
spills, fire emergency and rescue incidents that destroy or severely
damage emergency services equipment.
c.
User fees.
1.
Fire and rescue services shall initiate user fees for the delivery
of emergency services, supplies and equipment to the scene of any
hazardous material incident, environmental incident or safety and
rescue incident or operation, including vehicular accidents and fires
that occur and are responded to by the Fire Department.
2.
Every person and/or utility that is provided with nonemergency, emergency,
rescue and hazmat services shall be billed a user fee in accordance
with this section.
3.
The user fee for emergency services rendered shall be billed directly
to the user of such services' insurance company. If the insurance
company is not known, the user of services shall be billed directly,
with instructions to forward the bill to his/her insurance provider.
4.
Any and all amounts collected as a result of this section shall be
used exclusively for the replacement or maintenance of Fire Department
emergency services materials, equipment and training and shall be
held in trust by the Township's Chief Financial Officer for that purpose.
5.
The Township of Scotch Plains may implement rules and/or regulations
and/or revoke or amend existing rules and/or regulations as may be
deemed necessary for the billing and/or collection and use of user
fees pursuant to this section.
d.
Uncollectable Accounts.
1.
The user fee is anticipated to be paid by the user's insurance company.
In the instance where the Township of Scotch Plains and/or the Fire
Department receives notification from the insurance carrier that it
will not honor the invoice, the Township of Scotch Plains and/or Fire
Department is authorized to invoice the responsible party directly
and take any legal action necessary to collect the fee(s), including
negotiating a settlement.
(a)
It shall be a violation of this subsection for any person, firm,
or corporation to fail to pay the amounts hereunder due within 30
days of invoice or other written demand.
2.
The Township of Scotch Plains and/or Fire Department may, at its
discretion, write off the uncollected fee amounts as a bad debt, without
prejudice to the responsible party.
3.
Should the Township of Scotch Plains and/or Fire Department determine
that an insurance carrier has remitted the fee to the responsible
party involved and that the party has failed to remit the fee, the
Township of Scotch Plains and/or Fire Department are authorized to
pursue all legal means and appropriate action in order to collect
the account.
Nothing in this section shall be construed to affect any suit
or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause of action acquired or existing, under any act
or ordinance hereby; nor shall any just or legal right or remedy or
any character be lost, impaired or affected by this section.
[Added 3-20-2018 by Ord.
No. 2018-3]
a.
The Fire Official, a Township Fire Inspector, a Fire Department line
officer, or such other member as may be designated by the Township
Manager is hereby empowered to enter any and all buildings and premises
at any reasonable hour for the purpose of making inspections and to
serve written notice upon the owner or occupant to abate, within a
specific time, any and all fire hazards that may be found.
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 snowplowing
or other urgent maintenance activities at the residence of a Township
volunteer firefighter under the following circumstances:
a.
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
b.
The Fire Chief and/or municipal manager has the authority to approve
the use of Township equipment and/or manpower to provide said snowplowing
services or other urgent maintenance activities when the volunteer
firefighter cannot travel to the firehouse to perform his/her duties.
[Added 8-10-2021 by Ord.
No. 2021-17]
The Fire Chief, or his designee, shall coordinate the provision
of emergency medical services within the Township of Scotch Plains.
[Added 8-10-2021 by Ord.
No. 2021-17]
For the purpose of this section, the following definitions shall
apply:
Any device or piece of equipment or an assembly of equipment
and devices designed or arranged to signal visibly, audibly, electronically,
mechanically or by any combination of these methods the presence of
a fire requiring urgent attention and to which the Township's Fire
Department is expected to respond.
The Chief of the Scotch Plains Fire Department.
The Fire Official of the Township of Scotch Plains.
Any individual, partnership, corporation, unincorporated
association or any group of persons.
[Added 8-10-2021 by Ord.
No. 2021-17]
a.
Upon the activation of a fire alarm or other fire emergency in any
structure other than a one- or two-family dwelling, the owner, tenant,
occupant, or their designated representative shall respond to the
structure in order to reset the alarm system, if necessary, and to
allow the Fire Department access to the interior. The designated representative
shall respond to the structure within 30 minutes.
b.
No person shall reset a fire alarm prior to the arrival of the Fire
Department and without the consent of the Fire Chief, the Fire Official
or their designee.
c.
It shall be a violation of this subsection for any person to reset
a fire alarm without the consent of the Fire Chief, the Fire Official,
or their designee. A violator of this subsection shall be liable to
a penalty of not less than $500 nor more than $5,000 for each offense.
[Added 8-10-2021 by Ord.
No. 2021-17]
a.
When a fire alarm activation occurs in any building, structure or
premises containing a fire alarm, except those included in Use Group
R-3, as defined in the Uniform Fire Code, the occupants will be notified
and once so notified shall immediately leave the structure or premises.
Once notified, no persons shall enter or reenter, until authorized
to do so by the Fire Chief or his representative.
1.
The Fire Official may approve emergency plans with shelter-in-place
or other alternatives to evacuation for occupancies within the Township.
Any such plans shall be submitted, in writing, to the Fire Official
on an annual basis and approved by him prior to implementation.
b.
Any person who shall refuse or otherwise fail to evacuate immediately
upon activation of a fire alarm, interferes with the evacuation of
other occupants, or continues any operation after having been given
an evacuation order, except such work as that person is allowed to
perform by the Fire Official, shall be deemed in violation of this
subsection and of the New Jersey Uniform Fire Code and shall be subject
to a penalty and/or arrest as provided therein.
c.
In addition to the penalties established under N.J.A.C. 5:70-2.12,
a violator of this subsection shall be liable to a penalty of not
less than $500 nor more than $5,000 for each offense.
d.
The Fire Chief or his representative shall certify, in writing, to
the Fire Official any violations of the above prior to the issuance
of any notice of violation or penalty. The certification shall include
the name of any occupants who failed to evacuate and the date and
time of occurrence.
[Added 8-10-2021 by Ord.
No. 2021-17]
In accordance with N.J.A.C. 5:70-2.12, all monies received under
this section shall be held in a trust account by the Township's Finance
Department and shall be utilized only for fire prevention activities
and/or training and equipment for the Township's Fire Department.
[Added 8-10-2021 by Ord.
No. 2021-17]
It shall be the responsibility of the owner or person in charge
of a premises in or upon which operation of the sprinkler protection
and/or automatic central station fire alarm has been interrupted to
diligently restore protection. The officer in charge of the Scotch
Plains Fire Department or the Fire Official may, in accordance with
NFPA Standard 13E 1995 edition and generally recognized safety practice,
require a qualified person to stand fire watch when the sprinkler
protection and/or the automatic central station fire alarm cannot
be immediately restored.
[Added 8-10-2021 by Ord.
No. 2021-17]
The watchman must be either the Township Fire Official, a fire
inspector employed by the Township, or an active officer or firefighter
of the Scotch Plains Fire Department. All watchmen shall be familiar
with notification procedures to the Fire Department, as well as the
location of control valves and their operation.
[Added 8-10-2021 by Ord.
No. 2021-17]
The Fire Chief and/or the Fire Official are authorized to make
assignments for fire watch so that personnel are clearly under the
direction and supervision of the Fire Department.
[Added 8-10-2021 by Ord.
No. 2021-17]
a.
In the event that it is determined by the officer in charge of the
Scotch Plains Fire Department or the Fire Official that a fire watch
is required, the owner of the property shall be notified. The property
owner and occupant shall be jointly and severally responsible for
the payment of all fees for watchman services.
b.
The Fire Official shall cause bills to be forwarded to each owner
and/or occupant utilizing fire watch services detailing the date,
duration, and total cost. All bills are payable within 15 days. Checks
in payment shall be made payable to the Fire Department, Township
of Scotch Plains. A report of receipts and checks representing total
receipts shall be filed with the Township Treasurer on a monthly basis.
c.
Failure to pay fees within 15 days for any watchman provided by the
Township, in accordance with this section, shall be a violation of
this section. The Township of Scotch Plains and/or Fire Department
are authorized to pursue all legal means and appropriate action in
order to collect the account.
[Added 8-10-2021 by Ord.
No. 2021-17]
The Township Council of the Township of Scotch Plains ordains
that, in order to comply with the guidelines for fire watch assignments,
the following rate schedule will be in effect as follows:
a.
Regular scheduled fire watch: $70 per hour.
b.
Emergency fire watch (less than four hours' notice): $90 per hour.
c.
Any hours beyond eight hours per day, the rate of pay is 1 1/2
times the hourly rate set forth above. By way of example:
$70 x 1.5 = $105
$90 x 1.5 = $135
d.
Fire-watch-related work has four hours minimum time.
[Added 8-10-2021 by Ord.
No. 2021-17]
In addition to the rates established in Subsection 17-12.3, above, an administrative fee of 12.5% and the contracted administrative fee of the third-party scheduler (if applicable) to process all fire watch jobs shall be added to the total fees charged for all fire watch services provided for in this § 17-12.
[Added 8-10-2021 by Ord.
No. 2021-17]
The Township shall pay to the watchman all fire watch fees billed
(less any administrative fees) by way of the Township's regular payroll.
[Added 8-10-2021 by Ord.
No. 2021-17]
The fire watch shall continue until the protection is restored
or until a determination is made by the Fire Official that any imminent
hazard has ceased. The watchman shall make a detailed report of his
observation and activities to the Bureau of Fire Prevention.
