[Ord. #10-1985, § 1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Spring Lake Heights.
[Ord. #10-1985, § 2; Ord. No. 2018-10]
The local enforcing agency shall be the Bureau of Fire prevention
which is hereby created in the Borough unless otherwise provided by
act of the Governing Body. The Governing Body, as authorized by law,
may contract with another municipality or multiple municipalities
under a shared services agreement to perform the functions of the
local enforcing agency.
[Ord. #10-1985, § 3]
The local enforcing 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 Spring
Lake Heights, 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. #10-1985, § 4]
The local enforcing agency established by subsection 11-1.2 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.
[Ord. #10-1985, § 5]
The local enforcing agency established by subsection 11-1.2 of this section shall be under the direct supervision and control of the Fire Official who shall report and be responsible to the Borough Council.
[Ord. #10-1985, § 6]
a.
Appointment of Fire Official. The local enforcing agency shall be
subject to direct supervision of a Fire Official who shall be appointed
by the Mayor.
b.
Term of Office. The Fire Official shall serve for a term of four
years. Any vacancy shall be filled for the unexpired term.
c.
Inspectors and Employees. Such inspectors and other employees as
may be necessary for the efficient operation of the local enforcing
agency shall be appointed by the Mayor upon the recommendation of
the Fire Official.
d.
Removal from Office. Inspectors and other employees of the local
enforcing agency shall be subject to removal by the Mayor for inefficiency
or misconduct. Any inspector or employee to be removed shall be afforded
an opportunity to be heard by the appointing agency or a designated
hearing officer.
[Ord. #10-1985, § 7]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
shall have the right to appeal to the Construction Board of Appeals
of the County of Monmouth.
[Ord. #10-1985, § 8; New; Ord.
No. 2018-10]
The permit fees for Types 1, 2, 3 and 4 of the Borough of Spring
Lake Heights as authorized by the Uniform Fire Code.
[Ord. #4-1988, § 1]
In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act and the regulations of the Department of the Community Affairs, as implemented by Section 11-1 of this Chapter, the following additional inspections and fees shall be required annually:
a.
All retail stores and other mercantile uses less than 12,000 square
feet: $25.
b.
Assembly uses not classified as life hazard uses with occupancy greater
than 50 people and less than 10,000 square feet in size: $50.
c.
Assembly uses not classified as life hazard uses with occupancy more
than 100 people and greater than 10,000 square feet: $200.
d.
Storage uses not classified as life hazard uses, greater than 1,000
square feet but less than 10,000 square feet: $50.
e.
Storage uses not classified as life hazard uses equal to or greater
than 10,000 square feet: $200.
f.
All office buildings: $100. If the office building consists of individual
units which are owned under a condominium fee simple form of ownership
each unit shall be inspected at a fee of $25 and the common elements
shall be inspected at an additional fee of $25.
g.
All hotels and motels under two stories or under four stories with
exterior stairways or use groups R-1 defined in the New Jersey Uniform
Construction Code: $100.
h.
All multiple family dwellings of use group R-2 as defined in the
New Jersey Construction Code: $50 per building.
i.
All other occupancies of use group B and M as defined in the New
Jersey Uniform Construction Code: $75.
[Ord. #4-1988, § 2]
The Fire Official of Spring Lake Heights shall submit a registration survey to the owner of any use that is set forth in Subsection 11-2.1 of this section. It shall be a violation for an owner to fail to complete and return such a survey within 30 days and for each such violation a penalty of $500 may be imposed.
[Ord. #4-1988, § 3]
Owners of buildings which contain uses as set forth in subsection 11-2.1 of this section shall have concurrent responsibility with any owners of the uses which are set forth in subsection 11-2.1 of this section for compliance with this section. Where building owners and use owners are separate persons, responsibility for compliance shall be determined by the Fire Official, provided that no person shall be required to abate any violation which he has no power to abate or to require to be abated.
[Ord. #4-1988, § 4]
The inspection fees set forth in this section may be amended
from time to time by resolution of the Mayor and Council of the Borough
of Spring Lake Heights which fees shall meet but not exceed the reasonable
cost of enforcement.
[Ord. No. 12-2006; Ord. No. 2018-10]
a.
Where required. In all buildings regardless of use or occupancy,
which are protected by an automatic alarm system and/or a fire sprinkler
system, the owners and/or management agents shall install a key box,
of a type and in a location approved by the Fire Official. The following
are exempt from this requirement; all properties protected by an on-site,
24 hours per day/seven days per week guard service; all properties
having employees on duty and/or on site 24 hours per day/seven days
per week; multiple-family dwellings containing six or less individual
occupancies; and single-family homes.
b.
For all buildings where installation is not required under the provisions of subsection (a), such installation shall be permissible but not required. If the owner or management agent of a property which is not required to install a key box elects to do so, said owner or management agent shall be obligated to meet all criteria specified for buildings where key box installation is required.
c.
Upon examination of the physical condition and characteristics of
any property subject to this section, and upon written notice to the
owner and/or principal occupant thereof, the Fire Official may require
a key box to be installed in a specific location whenever access to
or within a structure or an area is unduly difficult because of secured
openings or where immediate access is necessary for life saving or
firefighting purposes.
d.
Cabinet-style vaults shall be required when deemed necessary by the
Fire Official at premises containing hazardous materials which require
Material Safety Data Sheets (MSDS), site plans, and floor plans.
e.
Owners and operators of controlled vehicle parking areas which use
mechanical parking gates to control motor vehicle ingress and egress
shall install and maintain an emergency override control on each gate.
Said emergency override control devises shall contain a mater key-operated
type switch approved by the Fire Official.
[Ord. No. 2018-10]
a.
Key boxes shall include two separate sets of keys. Each set shall
contain the following individually labeled keys:
1.
Keys to the locked point of egress whether on the interior or exterior
of such buildings;
2.
Keys to locked mechanical rooms;
3.
Keys to locked electrical rooms;
4.
Keys to fire alarm panels;
5.
Keys to elevator controls, if elevators are present and equipped
with a fire department bypass switch;
6.
Keys to other areas in the building as directed by the Fire Official.
b.
In addition, the key box shall contain the following:
[Ord. No. 2018-10]
The Division of Fire and the Bureau of Fire Prevention shall
adopt procedures for protecting the integrity and security of the
master keys/system which allow access to key boxes. Procedures shall
include, but not be limited to: a definition of authorized uses and
users of the system; specific means of access to the system; protection
against unauthorized or uncontrolled use of mater keys or master key
systems; secure storage systems for master keys; a system for release
and control of master keys; the recording of individuals having access
to the master key, including data, time and location of access; and
protections and safeguards against unauthorized duplication of master
keys or access system.
[Ord. No. 2018-10]
a.
In the event that locks on the subject building are changed after
the installation of the key box, the Fire Official shall be notified
of such change and a key(s) to the new lock(s) shall be provided immediately.
Failure to provide notification and new key(s) shall be a violation
of this Chapter.
[Ord. No. 2018-10]
a.
Fire Alarms. The Fire Official or designated Fire Inspector shall
investigate, or cause to be investigated, the activation of any fire
alarm, fire detector or fire protection system occurring with the
Borough to determine the cause for such activation and determination
if the devise and/or equipment have been properly restored to full
service.
b.
Failure to Report. It shall be a violation for any person or persons,
having knowledge of same, to fail to report to the Fire Department
and/or the Fire Official the activation of any fire protection system
or device or to fail to report the occurrence of any fire or attempted
arson or to fail to report the spill or leakage of any flammable or
combustible liquid or gas or any hazardous materials immediately upon
gaining such knowledge.
c.
Define Fire Alarms; False Alarms; Nuisance Alarm.
1.
Fire alarm shall be defined as the giving, signaling or transmission
to any public fire station, or company or to an officer or employee
thereof, whether by telephone spoken work or otherwise, of information
to the effect that there is a fire at or near the place indicated
by the person giving, signaling or transmitting such information.
2.
False alarm shall be defined as the willful and knowing initiation
or transmission of a signal, message or other notification of an event
of fire when no such danger exists.
3.
Nuisance alarm shall be defined as an alarm caused by mechanical
failure, malfunction, improper installation, or lack of proper maintenance,
or an alarm activated by a cause that cannot be determined.
4.
Penalty. Any person who maintains or permits to be maintained, any
mechanical or electronic fire alarm device which transmits more than
three false or nuisance fire alarms (excluding line-trouble signals)
within any consecutive twelve-month period, after written notification
by the Fire Prevention Bureau, shall be punished by a fine of $250
for the fourth offense. For subsequent false or nuisance fire alarms
after the fourth offense in the same calendar year, the fines will
progressively increase for each additional offense. In not event,
however, shall the five exceed $500 for any one occurrence. All penalties
shall be in addition to any court costs that may be required.
[Ord. No. 2018-10]
a.
Whenever the Fire Official or designated Fire Inspector shall determine
that on-site fire inspector(s) or firefighting personnel shall be
required for fire watch as a result of fire protection system failure
or deficiencies. Or fire safety at any occupancy or event to insure
the safety of the public or emergency responders, the owner or occupant
responsible shall obtain a permit for the use or event.
b.
The Fire Official or designated Fire Inspector shall determine the
number of inspectors and/or firefighting personnel required.
c.
The fire Official or designated Fire Inspector shall determine the
hours that the fire inspector(s) and/or firefighting personnel will
be on duty.
d.
The permit fee shall cover the expenses incurred by the Bureau of
Fire Prevention and the Borough.
e.
The fee for the permit shall include:
1.
Compensation for fire personnel at $35 per hour Monday through Friday
7:00 a.m. to 3:00 p.m., $50 per hour for holidays, Saturdays, Sundays,
and from 3:00 p.m. to 7:00 a.m. weekdays.
2.
Reimbursement rates for other related services, equipment, or expenses
shall be provided to the owner by the Fire Official or designated
Fire Inspector prior to the scheduled use or event.
3.
The Fire Official or designee(s) shall have the right of access to
the premises and area surrounding it without interference from the
property owner.
4.
Failure to secure a permit shall be punishable by a penalty equal
to the amount of the permit plus $100 for the first offense, amount
of the permit plus $250 for the second offense, amount of the permit
plus $500 for the third and each subsequent offense.
5.
A permit shall be required for each separate event or date of the
activity requiring such a permit.
6.
Any occupancy or event requiring fire apparatus and firefighting
personnel on site to insure the safety of the public and/or other
occupants, and/or to insure the safety of any building and/or exposures
shall reimburse the appropriate fire district. Fees shall be $150
per required fire apparatus unit per occurrence and $25 per hour per
firefighter manning apparatus.
[Ord. No. 2018-10]
a.
It shall be unlawful to obscure from view, damage, deface, obstruct,
or restrict he access to any fire hydrant or any Fire Department connection
for the pressurization of fire suppression systems, including fire
hydrants and Fire Department connections that are located on public
or private streets and access lanes, or on private property. Minimum
clearance to any fire hydrant or connection shall be 10 feet in all
directions.
[Ord. No. 2018-10]
a.
Requirement, Designation. Fire lanes shall be designated as follows
for the efficient and effective use of the fire apparatus, access
for firefighting, and/or the egress of occupants.
b.
Where Needed. The Fire Official may establish fire areas on property
devoted to public and private use, in accordance with N.J.A.C. 5:70-3.2(a)3,
F-311.1, including but not by way of limitation shopping centers,
strip malls, bowling alleys, drive-in theaters, house of worship,
swimming pools, offices, warehouses, factories, restaurants, nightclubs,
etc. and similar uses.
c.
Existing Fire Lanes. Any and all fire lanes 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 appropriate Fire Official's
judgment. The standard for exercise of said judgment shall conform
to those contained in subsections 28-1.13.6a and b above.
d.
Markings. The owner shall, within 30 days of being given a notice
to do so by the Fire Official, mark the lane(s) as follows:
1.
Signs, with minimum dimensions of 12 inches by 18 inches, constructed
of metal and with raised red letters a minimum of two inches in size
on a white background shall be posted at level of at least seven feet
above grade, indicating "FIRE LANE NO PARKING". 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
on 100 feet when viewed from a position approximately five feet above
the ground while in the fire lane.
2.
The area of the fire lane on improved areas shall be delineated along
its entire length with yellow lines 18 inches in width. Between the
yellow lines shall be marked "NO PARKING FIRE LANE" in yellow letters
18 inches in height. The number of times this wording is to be repeated
shall be at the discretion of the Fire Official, with the recommended
spacing to be at 100-foot intervals and spaced so as to be between
and alternate with metal sign required above. If the designated fire
land abuts a curb, the curbing shall be yellow in color where it abuts
the fire lane.
e.
Definitions: For the purpose of fire lane enforcement, the following
terms are defined:
1.
Fire area shall mean the same as fire lane.
2.
Fire land shall mean an area necessary to provide safety for the
public or to provide proper access for the Fire Department operations
in the event of an emergency.
3.
No parking shall mean that a vehicle may not be parked within the
designated area unless loading or unloading passengers or materials
with a time limit of three minutes.
f.
Size. Fire lanes for vehicles access shall be a minimum of 18 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.
g.
Notification. 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
Department, and Municipal Court Administrator in writing of the existence
and location of the designated fire lane(s).
h.
Restricted Areas. Gates, chains or other approved methods utilized
to prevent unauthorized access to fire lanes shall be approved by
the Fire Official prior to installation, provided such restrictions
will not impede access by firefighting apparatus. The Fire Official
shall determine whether any changes or deviations from the appropriate
methods be utilized.
i.
Installation, Maintenance. Fire lanes shall be installed and maintained
by the owner of the premises or a designee in conformity with the
provisions of this subsection. Fire lanes in existence prior to the
enactment of this subsection shall be required to conform to the provisions
herein at the discretion of the Fire Official. Fire lanes must be
accessible for fire apparatus use at all time.[1]
[1]
Editor's Note: Subsection 28-1.13.6 was adopted June 7, 2017
by Ordinance No 2017-13.
j.
Parking, Standing and Obstruction Prohibited. Designated fire lanes
shall be maintained free of snow and obstructions, including vehicles,
at all times.
k.
Notice of Violation. The Fire Official or designated Fire Inspector(s)
may complete a Municipal Summons, or a Notice of Violations, which
shall be issued to offenders by personally serving same upon any offender,
or if the offender is not attendant to the vehicle(s), shall leave
the notice under the windshield wiper or otherwise attached to the
vehicle(s) in a manner reasonably calculated to ensure receipt of
same by the offender.
l.
This subsection shall supersede any and all provisions of any other
ordinance promulgated for enforcement of parking in fire lanes. Enforcement
shall only be done by personnel from the Borough of Spring Lake Heights.
Personnel enforcing these provisions shall be either uniformed or
carry appropriate identification.
[Ord. No. 2018-10]
a.
Open burning for any reason is hereby prohibited except where permits
have been obtained from the Fire Official. Open burning is defined
as the burning of any material, in anything other than a listed approved
device, or in an uncontained manner.
[Ord. No. 2018-10]
a.
Any owner, agency, or person or corporation who shall violate any
provision of this Chapter or fail to comply therewith or with any
of the requirements thereof, shall be subject to a penalty to be determined
by the Fire Official. The effective date of the enforcement provisions
set forth in this section shall be 12 months for existing structures
and 20 days from the passage of this amendment for new structures.
b.
The Fire Official of the appropriate Local Enforcing Agency shall
be responsible to enforce this Chapter as an amendment to N.J.A.C.
5:70 et seq., and penalties may be assessed as provided in the New
Jersey Uniform Fire Prevention Code.
c.
The maximum penalty for violation of any provision of this Chapter
shall be $1,000 or imprisonment for a period not exceeding 90 days
or both, in the discretion of the Municipal Court Judge. Any fines
collected shall be forwarded to the Spring Lake Heights Fire Prevention
Bureau.
d.
Each and every day in which a violation of any provision of this
Chapter exists shall constitute a separate violation.
e.
The maximum penalty state in this section is not intended to state
an appropriate penalty for each and every violation. Any lesser penalty,
including a nominal penalty or no penalty at all may be appropriate
for a particular case or violation, and shall be mandated where a
specific penalty is set forth in each subsection herein above.
[Ord. No. 2018-10]
A person shall not willfully fail to refuse to comply with any
lawful order or direction of the Fire Official or to interfere with
the compliance attempts of another individual.
