[Adopted 12-2-1920 by Ord. No. 5 (Ch.
8, §§ 8-6 to 8-8 and 8-10, of the 1970 Code)]
[Amended 4-15-2021 by Ord. No. 1033]
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 within the
Borough to determine the cause for such activation and determine if
the device 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 of any hazardous material immediately
upon gaining such knowledge.
C. Define "fire alarms;" "false alarms;" "nuisance alarm."
FALSE ALARM
The willful and knowing initiation or transmission of a signal,
message or other notification of an event of fire when no such danger
exists.
FIRE ALARM
The giving, signaling or transmission to any public fire
station, or company, or to an officer or employee thereof, whether
by telephone, spoken word 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.
NUISANCE ALARM
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.
D. 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 no event, however,
shall the fine exceed $500 for any one occurrence. All penalties shall
be in addition to any court costs that may be required.
Any person who shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or shall in any manner willfully damage, deface or injure any hose or other apparatus at any time shall be punished as provided in §
223-4 of this article.
No person or persons shall interfere with, impede or delay any fire apparatus in the Borough of Oceanport in any manner or for any cause under their control. Any person or persons violating this section shall be punished as provided in §
223-4 of this article, upon complaint of the Chief, foreman of a company or driver of any apparatus.
[Amended 10-19-1972 by Ord. No. 324; 4-15-2021 by Ord. No. 1033]
A. Any owner, agency, or person or corporation who shall violate any
provision of this article, 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 article 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 article
shall be $2,500 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 Oceanport Fire Prevention Bureau.
D. Each and every day in which a violation of any provision of this
article exists shall constitute a separate violation.
E. The maximum penalty stated 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 hereinabove.
[Adopted 7-18-1985 by Ord. No. 509 (Ch.
37 of the 1970 Code); amended in its entirety 2-1-1990 by Ord. No. 601]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-202), the New Jersey Uniform
Fire Code shall be fully enforced in the Borough of Oceanport.
[Amended 9-19-2002 by Ord. No. 756; 4-23-2020 by Ord. No. 1023; 4-15-2021 by Ord. No. 1033]
A. Local enforcement.
Pursuant to Section 11 of the Uniform Fire Safety Act, the New Jersey Uniform Fire Code shall be locally enforced
in the Borough of Oceanport.
B. The local
enforcing agency shall be the Bureau of Fire Prevention, which is
hereby created within the Borough of Oceanport.
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 the Borough of Oceanport, other than owner-occupied
one- and two-family dwellings and buildings owned or operated by the
federal or state government or interstate agencies, and shall faithfully
comply with the requirements of the Uniform Fire Safety Act and the
Uniform Fire Code.
[Amended 4-15-2021 by Ord. No. 1033]
A. The local enforcing agency established by §
223-6 of this article shall carry out the periodic inspections of the life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
B. In addition to the inspection and fees required pursuant to the Act
and the regulations of the Department of Community Affairs, the following
additional inspections and fees for those uses not defined as life-hazard
uses shall be required. The following buildings, uses and premises
contained in this section, other than those that are incidental or
auxiliary to the agricultural use of farm property, are subject to
registration and periodic inspection requirements as hereby established.
Where two or more of the same use or different uses exist at the same
building or premises, each one shall be considered as separate and
distinct for the purpose of this article and shall be registered pursuant
thereto:
Type
|
Fee
|
---|
Business Use Group
|
|
B-1, under 2,500 square feet
|
$50
|
B-2, 2,500 to 4,999 square feet
|
$75
|
B-3, 5,000 to 9,999 square feet
|
$100
|
B-4, 10,000 square feet and over
|
$150
|
Factory Use Group
|
|
F-1, under 5,000 square feet
|
$75
|
F-2, over 5,000 square feet
|
$100
|
Mercantile Use Group
|
|
M-1, under 6,000 square feet
|
$50
|
M-2, 6,000 to 11,999 square feet
|
$75
|
Storage Use Group
|
|
S-1, under 2,500 square feet
|
$50
|
S-2, 2,500 to 5,000 square feet
|
$75
|
S-3, over 5,000 square feet
|
$100
|
Residential Use Group
|
|
R-A, non-owner-occupied 1- and 2-unit
|
$25
|
R-B, 3 to 6 units per building
|
$50
|
R-C, 7 to 12 units per building
|
$75
|
R-D, 13 to 20 units per building
|
$100
|
R-E, over 20 units per building
|
$150
|
C. All commercial enterprises named in §
223-8 of this article must register annually with the Bureau of Fire Prevention and shall pay all registration fees not later than 30 days after issuance. All new enterprises shall register within 60 days of commencement of business activity. These uses shall be inspected minimally once every two years.
D. Anyone who obstructs, hinders, delays or interferes by force or otherwise
with the Fire Marshal or any member of the local enforcing agency
in the exercise of any power or the discharge of any function or duty
under the provisions of this article shall, upon conviction therefor,
be subject to a fine not to exceed $2,500 per occurrence.
E. False statements. Anyone who prepares, utters or renders any false
statement pertaining to reports, documents, plans or specifications
permitted or required under the provisions of this article shall be
subject to a penalty not to exceed $5,000 for each occurrence.
F. Additional permits and fees.
(1) It shall be unlawful to engage in any business activity involving
the handling, storage or use of hazardous substances, materials or
devices; or to maintain, store or handle materials; to conduct processes
which produce conditions hazardous to life or property; to install
equipment used in connection with such activities; or to establish
a place of assembly without first obtaining a permit from the fire
official. Permits shall be obtained from the Bureau of Fire Safety
for any of those activities listed in N.J.A.C. 5:70-2.7 and any amendments,
supplements and rules and regulations thereto. The fee for said permits
shall be established in accordance with N.J.A.C. 5:70-2.9(c) and any
amendments or supplements thereto.
(2) Any fee due hereby which is not paid within 30 days of the payment
being due shall be subject to a late fee pursuant to the following
schedule:
(a)
Late fee if not paid within 30 days of due date: $100.
(b)
An additional late fee of $25 per day until the monies due are
paid.
(3) An applicant who shall fail to obtain a required permit prior to
commencing the operation, process or activity for which a permit was
required shall be required to pay a permit fee of double the amount
of the applicable permit fee.
(4) Any person or entity who shall fail to obtain a required permit after being ordered to do so while continuing the operation, process or activity shall be subject to a penalty as set forth in Chapter
1, §
1-15, General penalty, per day during which the operation, process or activity continues.
(5) No certificate of fire inspection may be issued unless and until
all required fees are paid.
The local enforcing agency established by §
223-6 of this article shall be the Bureau of Fire Prevention of the Borough of Oceanport and shall be under the direct supervision and control of the Fire Official, who shall be the Fire Marshal and the Chief of the Fire Prevention Bureau. The Bureau Chief shall report to the Mayor and Council of the Borough of Oceanport.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act (N.J.S.A. 52:27D-206 and 27D-208), any person aggrieved
by any order of the local enforcing agency shall have the right to
appeal to the Construction Board of Appeals of Monmouth County.
[Amended 9-19-2002 by Ord. No. 756; 4-15-2021 by Ord. No. 1033]
A. Standby fees. Fees for extracurricular activities which shall require
additional Fire Department presence or standby due to the scope of
actions shall require a standby fee as established by the Oceanport
Fire Prevention Bureau. The standby fee shall be as determined by
the Chief Inspector or his/her designee. Public events sponsored by
the Borough of Oceanport shall be exempt from standby fees.
B. Fire Department costs (one-hour minimum unless stated otherwise):
(1) Fire engine: $250/hour with crew (one driver and three firefighters;
one must be an officer or acting officer).
(2) Ladder truck: $350/hour with crew (one driver and four firefighters;
one must be identified as an officer).
(3) Rescue unit: $300/hour with crew (one driver and four firefighters;
one must be an acting officer).
(4) Certified fire inspector standby: $75/hour (two-hour minimum).
(5) Firefighter standby (No apparatus/per member): $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.
[Amended 9-19-2002 by Ord. No. 756; ]
The application fee for a certificate of smoke alarm, carbon
monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC),
as required by N.J.A.C 5:70-2.3, shall be based upon the amount of
time remaining before the change of occupant is expected, as follows:
A. Requests for a CSACMAPFEC received more than 10 business days prior
to the change of occupant: $45.
B. Requests for a CSACMAPFEC received four to 10 business days prior
to the change of occupant: $90.
C. Requests for a CSACMAPFEC received fewer than four business days
prior to the change of occupant: $161.
D. Reinspection fee shall be $35.
[Amended 9-2-1999 by Ord. No. 721; 9-19-2002 by Ord. No. 756; 4-15-2021 by Ord. No. 1033]
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, houses 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
A 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
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 the metal signs required above. If the designated
fire lane 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:
FIRE LANE
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.
NO PARKING
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 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.
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 may 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 section. Fire lanes 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 must be accessible
for fire apparatus use at all time.
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 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 the Borough of Belmar.
Personnel enforcing these provisions shall be either uniformed or
carry appropriate identification.
[Added 9-19-2002 by Ord. No. 756]
A. Required. The Bureau of Fire Prevention of the Borough
of Oceanport shall require the owner(s) of all of the following types
of new and existing building(s) or structure(s) to have installed
on their building(s) or structure(s) a rapid-entry key box, to be
located not less than six nor more than eight feet from grade above
the main entrance on the hinge side of the entry door:
(1) All hotels, motels or multiple dwellings that:
(a)
Have locked main entrances for security purposes
at any time during the day or night; and
(b)
Have common corridors to living units or spaces.
(2) Any sprinklered or interconnected alarmed residential
or commercial building or structure.
(3) Any industrial, commercial, institutional, retail
or similar business building or structure, including public and private
schools, consisting of 12,000 square feet or more.
(4) Any public or private educational institution.
(5) Any other building or structure deemed necessary by
the Fire Official.
B. Approval of system; owner to provide keys upon request.
The type of rapid-entry key box system to be installed shall be approved
by the Bureau of Fire Prevention prior to the purchase of the same.
In addition to providing a rapid-entry key for the system installed
to the Bureau of Fire Prevention, the Bureau may request and the owner
of the building or structure concerned shall provide keys for the
following areas within the building or structure:
(2) Sprinkler control valves;
(4) Elevators and elevator control rooms, and
(5) Such other room(s) or door(s) requested by the Bureau
of Fire Prevention where entry may be required.
C. Key to self-contained living areas, units or rooms.
Notwithstanding the provisions of any other section of this chapter,
no official, employee or member of the Bureau of Fire Prevention or
Fire Department shall request nor shall an owner be required to provide
a key to any self-contained, individual living space area, unit or
room.
D. When deemed necessary, the Fire Official may require
the owner of a building structure to purchase and install locking
Fire Department connection cap(s) with a type to be approved by the
Bureau of Fire Prevention.
E. When deemed necessary, the Fire Official may require
the owner of a building structure to purchase and install a keyed
electric override switch with a type to be approved by the Bureau
of Fire Prevention for the following:
(1) Exhaust fans for parking structure(s);
(2) Electric-operated doors for parking structure(s);
and
(3) Electric-operated perimeter gates.
The Borough Attorney is hereby designated as
legal counsel to the Bureau of Fire Prevention in its capacity as
the local enforcing agency under the provisions of this article.
All provisions of the Borough of Oceanport Fire
Prevention Ordinance being amended herein which are not modified by
this article shall remain in full force and effect.