[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights 9-17-1997 by Ord. No. 1021 (Ch. 58 of the 1975 Code). Amendments noted where applicable.]
[Adopted 10-19-2004 by Ord. No. 1181]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Haddon Heights.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Haddon Heights Fire Department through its Bureau of Fire Prevention and Inspections which is hereby created therein. The Bureau of Fire Prevention and Inspections shall hereinafter be known as the local enforcing agency. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures and premises within the established boundaries of the Borough of Haddon Heights other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by the federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
A. 
The Bureau of Fire Prevention established by § 233-2 of this chapter shall be under the direct supervision and control of a Fire Official who shall report to the Chief of the Fire Department.
B. 
The Bureau of Fire Prevention shall have at least one paid Inspector.
A. 
Appointments and qualifications of Fire Official. The Fire Official shall be certified by the state and appointed by the governing body from a list of up to three names submitted by the Chief of the Fire Department.
B. 
Appointment and qualifications of Inspectors and other employees. 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. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of three years. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. 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 afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
The Bureau of Fire Prevention established by § 233-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Amended 10-19-2004 by Ord. No. 1181; 7-5-2022 by Ord. No. 1521]
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:
(1) 
Residential use group. This group includes buildings with dwelling units not listed as life-hazard by the New Jersey Division of Fire Safety, except one- or two-family owner-occupied units.
Type
Fee
1 to 3 units
$70
4 to 10 units
$125
11 to 20 units
$175
21 to 40 units
$225
Each additional 20 units
$30
(2) 
Commercial or industrial use group. Commercial or industrial use group includes all buildings not listed as life-hazard by the New Jersey Division of Fire Safety.
Building Type
Fee
Buildings not in excess of 1,000 square feet
$70
Buildings in excess of 1,000 square feet not exceeding 3,000 square feet
$100
Buildings in excess of 3,000 square feet not exceeding 6,000 square feet
$140
Buildings in excess of 6,000 square feet not exceeding 9,000 square feet
$200
Buildings in excess of 9,000 square feet not exceeding 12,000 square feet
$250
Buildings in excess of 12,000 square feet not exceeding 15,000 square feet
$300
Buildings in excess of 15,000 square feet not exceeding 50,000 square feet
$400
Buildings in excess of 50,000 square feet not exceeding 100,000 square feet
$500
Buildings in excess of 100,000 square feet not exceeding 200,000 square feet
$650
Buildings in excess of 200,000 square feet not exceeding 300,000 square feet
$750
Common areas on multiple occupancies
$70
NOTE: Each floor or story shall be calculated as separate areas for total building calculation.
(3) 
Smoke and CO detector inspections.
Type
Fee
Smoke and CO detector inspections on all one- and two-family residential dwellings for resale
$40
8 or more days' notice
$75
4 to 7 days' notice
$100
3 days' notice
$140
Reinspection/courtesy
$35
Failure to keep appointment
$20
Change of occupant, per apartment
$20
Senior discount (amount credited for initial inspection)
$30
(4) 
Permit fees.
Type
Fee
Type 1
$54
Type 2
$214
Type 3
$427
Type 4
$614
(5) 
Annual event permit: $100.
B. 
Non-owner-occupied one- and two-family units shall be inspected and charged a fee only upon sale or change of tenant.
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as commercial uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section.
E. 
At the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7 shall be as provided below:
Fire Safety Permit
Fee
Type 1
$35
Type 2
$138
Type 3
$216
Type 4
$414
B. 
Miscellaneous fees.
(1) 
Fire report: $35.
(2) 
Fire Code status: $35.
(3) 
Returned check: see Chapter 162, Checks, Fraudulent.
(4) 
Fee for an annual permit issued in response to applications for cooking vendors shall not exceed $100 in any year, for participation at outdoor and community-based civic events and local festivals.
[Added 2-19-2019 by Ord. No. 1467]
C. 
Fees for cooking vendor permits.
[Added 12-18-2018 by Ord. No. 1462]
(1) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COOKING VENDOR
A vendor using an open flame or compressed system. Any other cooking requires a fire extinguisher.
(2) 
General provisions.
(a) 
Cooking vendors who participate in Borough events and festivals shall continue to obtain cooking vendor permits as a condition of participation;
(b) 
Cooking vendors shall pay an annual application processing fee of $100 or a one-time, per-event fee of $54 which shall be sufficient to cover all applications for permits to participate in Borough events and festivals through December 31, 2018;
(c) 
Cooking vendors shall be required to submit application and obtain a permit for each event or festival in which the vendor wishes to participate. Failure to file for or obtain a permit shall preclude the vendor from participating in the event or festival; and
(d) 
In all other respects, the cooking vendor shall comply with all requirements of the New Jersey Uniform Fire Code and ordinances of the Borough of Haddon Heights; and
(e) 
Events and festivals to which this subsection shall apply include, but are not limited to, the following: Fall Festival, Cruise Night, Sippin on Station, farmers markets and such other events or festivals as the governing body shall from time to time include.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(Reserved)
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Camden County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
A. 
Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act,[1] the Uniform Fire Code and all other laws of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B. 
All moneys that are recovered as a result of the assessment of penalties shall be paid into the designated trust account and shall be appropriated to support the local enforcing agency's operation.
[Added 12-15-2020 by Ord. No. 1496[1]]
Purpose: This section shall amend Chapter 233 of the Borough of Haddon Heights Fire Safety Regulations and is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Borough of Haddon Heights by regulating the air pollution and fire hazards of open burning and outdoor burning.
A. 
Applicability. This section applies to all outdoor burning and open burning within the Borough of Haddon Heights:
(1) 
This section does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2) 
This section does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
(3) 
This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking, but not including a fire intended for disposal of waste wood or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
CONSTRUCTION AND DEMOLITION WASTE
Building waste materials, including, but not limited to, waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair and demolition operations on a house, commercial or industrial building, or other structure.
COVERED EMBER ARRESTER (sometimes referred to as SPARK ARRESTOR)
Any device which prevents the emission of flammable debris from combustion sources, such as wood burning stoves.
FIRE MARSHAL
The marshal of the Borough of Haddon Heights or other person designated by the Fire Marshal. Note: The term "Fire Marshal" is used throughout this section; municipalities may at their discretion, designate persons other than those associated with the Fire Department for many of the responsibilities in this section.
MUNICIPALITY
Borough of Haddon Heights.
NUISANCE
The escape of smoke into the open air from an outdoor wood-fired boiler or patio wood-burning unit from any fire into the open air of such quantities of smoke and fumes as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety. The mere presence of smoke or the odor, in and of itself, shall not constitute a nuisance.
[Added 9-20-2022 by Ord. No. 1524]
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
OUTDOOR WOOD-FIRED BOILER
A wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT
A chimenea, patio warmer, block fire pit, or other portable wood-burning device used for outdoor recreation and/or heating.
REFUSE
Any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
SEASONED WOOD
Wood that has been dried to remove as much moisture content as possible.
STRUCTURE
Any residents, building, shed, garage, fence or the like.
C. 
General prohibition. Open burning and outdoor burning are prohibited in the Borough of Haddon Heights unless the burning is specifically permitted by this section.
D. 
Open burning of refuse. Open burning of refuse is prohibited.
E. 
Burning trees, logs, brush, stumps, leaves, and grass clippings. Open burning of trees, logs, brush, stumps, leaves, and grass clippings is prohibited.
F. 
Outdoor wood-fired boilers. No person shall install, use, or maintain an outdoor wood-fired boiler in the Borough of Haddon Heights.
G. 
Patio wood-burning units. A patio wood-burning unit may be installed and used in Borough of Haddon Heights only in accordance with all of the following provisions:
(1) 
The patio wood-burning unit shall not be used to burn refuse.
(2) 
The patio wood-burning unit shall burn only clean wood.
(3) 
The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood-burning unit.
(4) 
The patio wood-burning unit shall be located at least 15 feet from any structure which is not on the same property as the patio wood-burning unit.
(5) 
The patio wood-burning unit shall not cause a nuisance to neighbors.
(6) 
Only seasoned wood shall be utilized.
(7) 
A covered ember arrester shall be available for use at all times.
H. 
Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
I. 
Right of entry and inspection. The Fire Marshal or any authorized officer, agent, employee or representative of the Borough of Haddon Heights who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.
J. 
Enforcement; violations and penalties.
(1) 
The Fire Marshal and the Borough of Haddon Heights are authorized to enforce the provisions of this section.
(2) 
Any person, firm, association, partnership, corporation, or governmental entity who or which violates any of the provisions of this section or fails to comply with a duly authorized order issued pursuant to this section shall be deemed to be responsible for a municipal civil infraction which shall be punishable by civil fine of no less than $50 and no more than $100.
(3) 
The violator shall pay costs which may include all expenses, direct and indirect, which the Borough of Haddon Heights has incurred in connection with the municipal infraction. In no case, however shall costs of less than $50 nor more than $100 be ordered. In addition, the Borough of Haddon Heights shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this section. Each day that a violation of this section exists shall constitute a separate violation of this section.
[1]
Editor's Note: This ordinance also redesignated former § 233-12 as § 233-13.
The following ordinances or portions thereof are hereby repealed: Ordinance Nos. 457, 649, 722 and 737.[1]
[1]
Editor's Note: These ordinances comprised former Ch. 58, Fire Prevention, of the 1975 Code.