[Amended 2-17-2021 by Ord. No. 2021-02]
[Ord. #9/19/73, § 58-1; Ord. #86-1, § 1; Ord. No. 2016-12 §§ 1, 2;
amended 2-17-2021 by Ord. No. 2021-02]
The New Jersey Uniform Fire Code, 2015 Edition, and all amendments
and supplements thereto to the extent that the provisions of same
exceed the Uniform Fire Code are hereby adopted by the Borough for
the purpose of establishing rules and regulations to improve the safety
of the public by promoting the control of fire hazards; regulating
the installation, use and maintenance of equipment, and the use and
occupancy of structures, premises and open areas; providing for the
abatement of fire hazards; and establishing and implementing standards
to achieve these objectives. The standards, rules, and regulations
set forth in the code shall be and the same are hereby incorporated
in this section by reference, three copies of which have been filed
in the office of the Borough Clerk.
[Ord. #9/19/73, § 58-2]
As used in this section:
Shall mean the Attorney for the Borough of Beachwood.
Shall mean the Borough of Beachwood, in the County of Ocean
and State of New Jersey.
[Ord. #9/19/73, § 58-3; Ord. No.
2016-12 § 3; 2-17-2021 by Ord. No. 2021-02]
The limits referred to in Section F26-01.2 of the New Jersey
Fire Prevention Code (2015 Edition) are hereby adopted.
[Ord. #9/19/73, § 58-4; Ord. No.
2016-12 §§ 4, 5; 2-17-2021 by Ord. No. 2021-02]
The requirements of Chapters 50 and 52 of the New Jersey Uniform
Fire Code (2015 Edition) are hereby adopted.
[Ord. #9/19/73, § 58-5; Ord. No.
2016-12; 2-17-2021 by Ord. No. 2021-02]
The requirements of Chapter 61 of the New Jersey Uniform Fire
Code (2015 Edition)
[Ord. #9/19/73, § 58-6; Ord. No.
2016-12 § 6]
The Chief of the Bureau of Fire Prevention shall have power
to modify any of the provisions of the New Jersey Uniform Fire Code
upon application in writing by the owner or lessee, or his duly authorized
agent, when there are practical difficulties in the way of carrying
out the strict letter of the 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 Department and a signed copy
shall be furnished the applicant.
[Ord. #9/19/73, § 58-7; amended 2-17-2021 by Ord. No. 2021-02]
Whenever the Fire Official shall disapprove or refuse to grant
a permit applied for, 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 may appeal
from the decision of the Fire Official to the Mayor and Council of
the Borough of Beachwood within 30 days from the date of the decision
appealed.
[Ord. #9/19/73, § 58-8]
The Mayor and Council, the Chief of the Fire Department and
the Chief of the Bureau of Fire Prevention shall act as a committee
enumerated in the code. The Chief of the Bureau of Fire Prevention
shall post such list in a conspicuous place in his office and distribute
copies thereof to interested persons.
[Ord. #9/19/73; § 58-9; New]
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 such violation and noncompliance respectively, be subject to the General Penalty as established in Chapter 1, Section 1-5.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Ord. #2011-11]
Automatic fire protection systems or fire alarm systems may
cause the Volunteer Fire Company of the Borough of Beachwood to be
summoned at a time when structures are not occupied or when the occupant(s)
are not able to provide entry for fire companies.
The size, contents and/or use of a structure may require emergency
access by the Borough of Beachwood Volunteer Fire Company.
The Borough of Beachwood wishes to prevent property damage through
forceful entry to structures and provide swift entry into structures
by the Borough's Volunteer Fire Company.
N.J.A.C. 5:70-3.2(a) F-101.1.1 provides that a municipality
may, by ordinance make its Fire Code more restrictive than the Uniform
Fire Code.
a.
Purpose. The purpose of this subsection is to require Rapid Entry
Key Box compliance for structures listed, except one- and two-family
dwellings and to establish installation requirements and compliance
as determined by the Fire Chief.
b.
Key box required. The owner or person in control of the following
types of buildings shall install and maintain a Rapid Entry Key Box
of a type approved by the Fire Official under the direction of the
Fire Chief.
c.
Key box type and location. The key box shall be of a UL type and
approved by the Borough of Beachwood Fire Official under the direction
of the Fire Chief. The key box shall be installed in a location or
locations designated and approved by the Fire Official.
d.
Key box contents. The rapid entry box(es) shall contain the following:
1.
Keys to locked points of ingress/egress, whether interior or exterior
of such buildings.
2.
Keys to all locked rooms and/or panels, including but not limited
to mechanical, electrical, sprinkler and alarms.
3.
Keys to locked elevator rooms and elevator controls.
4.
Keys to any fenced or otherwise physically secured areas.
5.
Keys to any other areas as determined necessary and appropriate by
the Fire Chief and/or Fire Official.
6.
Emergency information card containing the name(s) and phone number(s)
of emergency contacts for such building and all alarm codes.
e.
Compliance. All existing buildings shall comply with this subsection
12 months from its effective date.
[Ordinance No. 2011-11,
codified herein, was adopted December 21, 2011.) All newly constructed
buildings, not yet occupied or building currently under construction
and all buildings or businesses applying for a Certificate of Occupancy,
shall comply immediately. All buildings under plan review for future
construction, the Fire Official under the direction of the Fire Chief
shall be responsible with the subsection requirements]
f.
Penalties. Penalties for noncompliance by any building owner in violation
of the provision of this subsection shall be subject to a fine up
to $500 after received notice from the Fire Official.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance #86-1 and #90-01.
[Ord. #2001-04, § 1]
Pursuant to N.J.S.A. 52:27D-202, the New Jersey Uniform Fire
Code shall be locally enforced in the Borough of Beachwood.
[Ord. #2001-04, § 2; Ord. No. 2016-12]
The local enforcing agency:
a.
Shall be the Borough of Beachwood through its Bureau of Fire Prevention
which is hereby created therein.
b.
Shall enforce the New Jersey Uniform Fire Code in all building structures
and premises within the established boundaries of the Borough of Beachwood,
other than owner-occupied buildings used exclusively for dwelling
purposes and containing fewer than three dwelling units or buildings,
structures and premises owned or operated by the State, interstate
agencies or the Federal government.
c.
Shall faithfully comply with all the requirements of the New Jersey
Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
[Ord. #2001-04, § 3]
The Bureau of Fire Prevention established by subsection 11-2.2 of this section:
[Ord. #2001-04, § 4]
a.
Appointment and Qualification of the Fire Official.
1.
The Fire Official shall be certified by the State and shall be appointed
by the governing body from a list of three qualified names submitted
by the Beachwood Volunteer Fire Company Number One, Inc.
b.
Appointment and Qualifications of Inspectors and Other Employees.
1.
Inspectors and other employees of the enforcing agency shall be appointed
by the governing body upon the recommendation of the Fire Official.
All life hazard use inspectors shall be certified by the State.
c.
Appointment of Legal Counsel.
1.
The governing body shall specifically appoint legal counsel to assist
the agency in enforcing the Uniform Fire Code.
d.
Term of Office.
1.
The Fire Official's appointment shall continue during good behavior
and satisfactory service.
e.
Removal from Office.
1.
The Fire Official, inspectors, and other employees of the agency
shall be subject to removal by the governing body for just cause.
Before removal from office, all persons shall be established by the
governing body.
f.
Payment of Salaries.
1.
The salary range for the Fire Official, inspectors and other employees
of the local enforcing agency shall be established by the governing
body.
2.
The registration fees, permit fees, other fees and penalties received
by the said agency shall be used for salaries and other expenses,
the excess shall be retained by said agency.
[Ord. #2001-04, § 5; Ord. No. 2016-12 § 7]
[Ord. #2001-04, § 6]
a.
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 once per year and
shall pay an annual fee as set forth below:
|
Business Use Group
|
Annual Fee
| |||||||
|---|---|---|---|---|---|---|---|---|
|
B-1
|
Under 500 square feet
|
$ 33.00
| ||||||
|
B-2
|
Under 2,499 square feet
|
$ 55.00
| ||||||
|
B-3
|
2,500-4,999 square feet
|
$ 77.00
| ||||||
|
B-4
|
5,000-7,699 square feet
|
$ 99.00
| ||||||
|
B-5
|
7,700-9,999 square feet
|
$137.50
| ||||||
|
B-6
|
10,000 and over square feet
|
$192.50
| ||||||
|
Factory Use Group
| ||||||||
|
F-1
|
Under 2,000 square feet
|
$137.50
| ||||||
|
F-2
|
2,000-4,999 square feet
|
$192.50
| ||||||
|
F-3
|
5,000 and over square feet
|
$275.00
| ||||||
|
Mercantile Use Group
| ||||||||
|
M-1
|
Under 500 square feet
|
$ 33.00
| ||||||
|
M-2
|
500-2,499 square feet
|
$ 60.50
| ||||||
|
M-3
|
2,500-4,999 square feet
|
$ 82.50
| ||||||
|
M-4
|
5,000-7,499 square feet
|
$104.50
| ||||||
|
M-5
|
7,500-9,999 square feet
|
$143.00
| ||||||
|
M-6
|
10,000 and over square feet
|
$198.00
| ||||||
|
Assembly Use Group
|
Annual Fee
| |||||||
|
A-1
|
Under 2,000 square feet
|
$ 66.00
| ||||||
|
A-2
|
2,000 and over square feet
|
$110.00
| ||||||
|
Storage Use Group
| ||||||||
|
S-1
|
Under 2,500 square feet
|
$ 27.50
| ||||||
|
S-2
|
2,500-4,999 square feet
|
$ 82.50
| ||||||
|
S-3
|
5,000 and over square feet
|
$110.00
| ||||||
|
Residential Use Group
| ||||||||
|
R-A
|
Non-owner occupied 1 and 2 units
|
$ 27.50
| ||||||
|
R-B
|
3-9 units
|
$ 82.50
| ||||||
|
R-C
|
10-19 units
|
$165.00
| ||||||
|
R-D
|
Over 20 units
|
$385.00
| ||||||
|
Utilities Use Group
| ||||||||
|
U-1
|
Under 2,500 square feet
|
$ 55.00
| ||||||
|
U-2
|
2,500 and over square feet
|
$ 82.50
| ||||||
|
Certificate of Smoke Detector Compliance
| ||||||||
|
CSDC
|
Initial and reinspection
|
$ 30.00
| ||||||
|
Subsequent reinspections
|
$ 30.00
| |||||||
b.
R-A uses shall only be inspected upon sale or change of tenant.
c.
Uses not classified above will be classified as business uses.
d.
Uses required to register with the State as life hazard uses shall
not be required to register under this section.
e.
In the discretion of the Fire Official, a vacant building will be
charged and inspected according to the previous use of the building.
f.
All residential uses except R-A uses shall be inspected in the common
areas only.
g.
Where the building or structure has more than one use as defined
herein, then each individual use shall be subject to the appropriate
fee as set forth in this ordinance.
h.
When one or two residential dwellings are on the same premises or
within the same building of other use groups an additional fee of
$22 will be charged.
i.
All uses as listed in the aforementioned schedule shall pay an annual
local registration fee equal to the amount in the fee schedule by
August 1st of each year.
j.
All new local registrations of the uses listed in the aforementioned
schedule shall pay the registration fee within 30 days of notification
to register with the local enforcing agency.
[Ord. #2001-04, § 7]
a.
Initial review of a site plan or subdivision by the local enforcing
agency is required to be made for the purpose of fire prevention as
to the location of fire hydrants, fire drafting stations, water mains,
fire lanes and fire zones.
b.
When any alterations or changes are undertaken by an applicant which
change the original site plan or subdivision, the plans must be resubmitted
and reviewed by the agency.
c.
All reviews are valid for a one year period after which a review
will be deemed unacceptable and resubmission will be required.
d.
The fee schedule shall be set forth below and is payable upon submission
or resubmission of the site plan or subdivision:
[Ord. #2001-04, § 8]
a.
In accordance with N.J.A.C. 5:70-2.7(a)-(j). all fees for permits
listed in N.J.A.C. 5:70-2.9(c) shall be adopted by the local enforcing
agency for the purpose of enforcing this section. At the discretion
of the Fire Official, permit fees may be waived for the Borough of
Beachwood agencies and nonprofit organizations located within the
Borough of Beachwood.
[Ord. #2001-04, § 9]
[Ord. #2001-04, § 10]
a.
All life hazard and non-life hazard uses, except residential uses,
which are located in buildings or structures which contain multiple
uses shall label their rear exit door with the name of the business
in three (3") inch high and one-half (1/2") inch thick letters.
b.
A person shall not use, or allow to be used, any open flame burning
candles in connection with any public meeting or gathering for purposes
of deliberation, entertainment, amusement, instruction, education,
recreation, or similar purpose in places of public assembly, recreational
Uniform Fire Safety Code facilities or education, such as schools,
recreational halls, restaurants, eating establishments, cocktail lounges,
bars or nightclubs without first obtaining approval from the local
enforcing agency.
c.
Candles shall not be permitted in areas used by occupants to stand,
or in an aisle or exit.
d.
Speed bumps and/or berms are prohibited in all public access driveways
and parking lots.
[Ord. #2001-04, § 11]
a.
Pursuant to N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-208, any person
aggrieved by any action of the local enforcing agency shall have the
right to appeal to the Ocean County Construction Board of Appeals
within 15 days of such occurrence.
[Ord. #2001-04, § 12]
a.
Enforcement, violations and penalties shall be in conformity with
the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. #90-08, § 1]
a.
All site plans and/or subdivisions for all shopping centers, commercial
structures, places of public assembly, multiple dwelling groups, industrial
parks, office buildings, hotels or motels, schools or marinas shall
be reviewed by the Bureau of Fire Prevention of the Borough of Beachwood
to designate fire zones.
b.
Upon finding that such action is necessary for public safety, the
Bureau of Fire Prevention of the Borough of Beachwood may require
the owner or owners of any existing shopping center, commercial structure,
places of public assembly, multiple dwelling group, industrial group,
industrial park, office building, hotel or motel, school or marina
to designate fire zones.
c.
Fire zones may be designed as follows:
d.
Such fire zones, also to be known as "fire lanes," shall be no less
than 12 feet nor more than 50 feet in width and shall be striped and
lettered in yellow on a paved surface, such striping and lettering
to remain legible at all times. The size of the striping and lettering
and locations of such markings is at the discretion of the Bureau
of Fire Prevention.
[Amended 2-17-2021 by Ord. No. 2021-02]
e.
Metal "Fire Zone" or "Fire Lane" signs, the lettering of same to
be legible at all times, shall be provided, erected and maintained
by said owner or owners and placed at the discretion of the Bureau
of Fire Prevention. Said signs are to be of design and quality and
lettered in accordance with applicable State law and approved by the
Bureau of Fire Prevention.
[Ord. #90-08, § 2]
a.
Upon application to the Borough of Beachwood Planning Board or Zoning
Board of Adjustment for site plan and/or subdivision, the applicant
must submit two sets of sealed site plans to the Bureau of Fire Prevention
for review. Upon completion of the review, the applicant will be notified
through the appropriate Board.
b.
Whenever a determination has been made for fire zone designation
to existing above types of buildings or structures, the Bureau of
Fire Prevention shall notify the owner or owners of the property in
writing by registered or certified mail, or by hand delivering such
notice, specifically describing the area designated and the reason
for making the designation.
[Ord. #90-08, § 3]
a.
The marking of fire zones shall be the responsibility of, and at
the expense of the property owner or owners and shall be accomplished
within 30 days of receipt of the notification for existing buildings
and structures. Prior to receiving the Certificate of Occupancy or
equivalent, when a review of a site plan has been made, all fire zone
designations must be completed.
b.
It shall be a violation of this section for any person to park a
motor vehicle in or otherwise to obstruct a fire zone.
c.
The Police Department and the Bureau of Fire Prevention of the Borough of Beachwood shall have concurrent jurisdiction to enforce the provisions of subsection 11-3.3b of this section. The Bureau of Fire Prevention shall have sole jurisdiction to enforce all other portions of this section.
d.
Any violation of the provisions of this section shall be punishable
by fine of not more than $500 or by imprisonment of not more than
90 days, or both.
