[Adopted 12-17-2007 by Ord. No. 2007-38 (Ch. 15.08, Art. 1, of the 2003
Municipal Code); amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Pursuant to N.J.S.A. 52:27D-202, the New Jersey Uniform Fire
Code, promulgated by the Commissioner of the Department of Community
Affairs (DCA) and published as Chapter 70 of Title 5 of the New Jersey
Administrative Code, N.J.A.C. 5:70-1 (General Provisions), N.J.A.C.
5:70-2 (Administration and Enforcement), N.J.A.C. 5:70-3 (State Fire
Prevention Code), and N.J.A.C. 5:70-4 (State Fire Safety Code) shall
be locally enforced within the Township of Bordentown, as modified
by this article.
The Board of Fire Commissioners of Fire District No. 1 of the
Township of Bordentown (the Fire District) shall be and the same hereby
is designated as the local enforcing agency (LEA) within Bordentown
Township, including both Fire District No. 1 and Fire District No.
2. The Fire District shall have the authority to delegate its duties
and responsibilities hereunder to the Bureau of Fire Prevention, Fire
District No. 1 (Bureau), with authority to act in both Fire District
No. 1 and Fire District No. 2.
The LEA 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 other than owner-occupied one- and two-family dwellings;
provided, however, that property owned or leased by the State of New
Jersey, or any of its agencies or authorities, shall not be subject
to the provisions of this article, but shall be inspected exclusively
by the New Jersey Department of Community Affairs. The LEA shall faithfully
comply with the requirements of the Uniform Fire Safety Act, the Uniform
Fire Code, and this article.
The LEA shall carry out the periodic inspection of life-hazard
uses and non-life-hazard uses required by the Uniform Fire Code on
behalf of DCA, provided that such inspection shall be carried out
only by a properly certified inspector, and provided further that,
with regard to life-hazard uses, DCA has authorized the LEA to conduct
same in the Township of Bordentown.
The LEA shall delegate its enforcement responsibilities to the
Bureau of Fire Prevention, to be headed by a fire official appointed
as provided herein. Such funds as may be necessary to support the
operations of the LEA shall be raised by the Fire District in the
manner provided by law, including collection of fees for inspections
performed. The Board of Fire Commissioners shall be responsible for
obtaining and maintaining public liability insurance in an amount
not less than $1,000,000 and shall cause the Township of Bordentown,
its officers, agents, servants, and employees, to be named as additional
insureds thereunder.
A Fire Official shall be appointed by the Board of Fire Commissioners
of Fire District No. 1 for a term of four years. In the event of a
vacancy in the position, the Board of Fire Commissioners of Fire District
No. 1 shall fill the vacancy for the unexpired term. The Fire Official
shall be under the supervision of the Board of Fire Commissioners
of Fire District No. 1.
Such inspectors as may be necessary to carry out all required
inspections in the Township of Bordentown shall be appointed by the
Board of Fire Commissioners of Fire District No. 1, for a term of
four years. In the event of a vacancy, the Board of Fire Commissioners
of Fire District No. 1 shall fill the vacancy for the expired term.
Each inspector shall be under the supervision of the Fire Official.
The Fire Official, all inspectors, and other employees of Fire
District No. 1 shall be subject to removal by the Board of Fire Commissioners
of Fire District No. 1 for inefficiency or misconduct. Each Fire Official,
inspector, or employee to be so removed shall be afforded an opportunity
to be heard by such Board of Fire Commissioners or a designated hearing
officer, pursuant to law.
Nothing in this article shall be construed as in any way derogating
from or limiting the right of any person under Title 11 of the Revised
Statutes (Civil Service).
Pursuant to N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved
by any order of the LEA shall have the right to appeal to the Construction
Board of Appeals of Burlington County.
Except as provided in §
274-22 herein, fees, including certification, inspection, and/or registration fees required pursuant to the Uniform Fire Safety Act, shall be consistent with the fee schedule established by the Department of Community Affairs, as amended from time to time.
Permit fees shall be consistent with the schedule of permit
fees established in N.J.A.C. 5:70-2.9, Required Permits, as amended
from time to time.
All businesses in the Township of Bordentown, whether involving life-hazard uses or non-life-hazard uses, are required to be inspected at least annually for fire safety. For life-hazard use businesses, the inspection shall be done by the local enforcing agency, if authorized by the DCA. For non-life-hazard use businesses, the inspection shall be performed by the local enforcing agency. The certificate of inspection issued by the local enforcing agency shall be included with the application for issuance of, or renewal of, any business license in the Township of Bordentown in accordance with Chapter
214, Business Licenses, §
214-2, Application for license.
In addition to the inspections and fees required pursuant to
the Uniform Fire Safety Act and the New Jersey Uniform Fire Code,
as modified, the following additional inspections and fees shall be
required:
A. Fees for additional inspections are set forth in Chapter
260, Fee Schedule, of the Code of the Township of Bordentown.
B. The Bureau will provide copies of investigation reports to property owners or their insurance carriers for a fee as set forth in Chapter
260, Fee Schedule. Copies of photographs or other documents will be provided at cost, plus a handling fee as set forth in Chapter
260, Fee Schedule.
C. Fee for use of fire apparatus.
When code enforcement procedures or the abatement of a violation require
the use of apparatus or manpower of the volunteer fire company or
fire district, the fee for each unit of apparatus used, and/or for
each firefighter involved in the enforcement or abatement activity,
shall be in accordance with the fee schedule established. The units
of apparatus and number of firefighters for each enforcement or abatement
activity shall be determined by the fire officer in charge at the
scene of the activity.
(1) The fees set forth in Chapter
260, Fee Schedule, shall be charged for use of services outside the normal scope of duties of the Fire District, including but are not limited to fire watch standbys requested by a member of the public or business, and other duties specifically requested by the public or required by the public to be performed by the Fire District, or upon determination that the use of the Fire District resources was required due to deliberate negligent or willful criminal conduct.
(2) In the event that a request is made for a service or services outside of the normal scope of duties in the Fire District, the person, company or owner shall be charged for said request in accordance with the fees set forth in Chapter
260, Fee Schedule.
(3) If upon investigation it
is determined that an incident was caused by deliberate, negligent
or willful criminal conduct of an individual or a group of individuals,
the responsible person(s) will be liable for all Fire District apparatus
and personnel costs associated with the response and/or incident.
(4) The fees shall be charged for each hour, or portion thereof, of usage. All fees shall be based on departure and return to the station to which the apparatus is assigned. The per-hour fees are set forth in Chapter
260, Fee Schedule, of the Code of the Township of Bordentown.
D. Change of use or occupancy. Commercial changes in tenancy must follow the approval process outlined in Chapter
232, Commercial Tenancy Change. Prior to any residential changes of occupancy, the property must be inspected by a fire inspector. Requests for inspection must be made at least 10 business days prior to the change of occupancy through the Township's Uniform Construction Code Enforcement Department. Inspection fees are set forth in Chapter
260, Fee Schedule.
The following provisions are adopted as local amendments of
the technical standards of the New Jersey Uniform Fire Code, N.J.A.C.
5:70:
A. Fire lane parking enforcement.
Parking of vehicles or otherwise obstructing areas designated and
marked as fire lanes is prohibited. The fire lane regulations shall
be jointly enforced by the Police Department and the Fire Official
and fire inspector. Any persons found to have violated this subsection
shall be liable to a penalty as established in Township ordinances.
B. Prohibited outdoor cooking devices.
The use of portable or mobile cooking devices such as propane stoves
and charcoal grills is prohibited in all residential use groups other
than R-3 use group. This prohibition applies to the use of the described
cooking devices within and above the foundation of each R-3 use group
building and within an area five feet from the foundation or perimeter
of each R-3 use group building.
C. Disapproved fire extinguishers.
Soda-acid, foam-loaded-stream, antifreeze and water-portable fire
extinguishers of the inverting type or nonapproved vaporizing liquid
extinguishers or devices of any type shall not be recharged or placed
in service for fire protection use. Extinguishers of these types shall
not be considered approved for fire protection use under the provisions
of this code, and shall be immediately removed from service.
D. Outside storage. The outside
storage of combustible or flammable materials shall not be more than
20 feet in height and shall be compact and orderly. Such storage shall
be located as not to constitute a hazard and not less than 15 feet
from any other building on the site or from a lot line.
E. Recharging suppression systems.
It is the responsibility of the owner of the suppression system and
the agency called to service the system to notify the Fire Official
when a system has been discharged. No suppression system shall be
recharged without an inspection by the Fire Official or the Fire Official's
representative.
F. Fire Department connections.
All buildings equipped with five-inch Storz Fire Department water
supply connections shall be labeled and marked for ease of identification.
The following guidelines will be utilized for the identification of
all Fire Department connections. Any alternative method must be approved
by the Fire Official. A weather resistant sign shall be affixed to,
adjacent to or above the Fire Department connection. Specifications
for the sign are as follows:
(1) Sign to be white in color
with contrasting red lettering.
(2) Minimum four-inch letters
indicating F.D.C.
(3) Minimum two-inch letters
indicating Sprinkler, Standpipe or Sprinkler/Standpipe.
(4) Partial sprinkler systems:
two-inch letters indicating area protected.
(5) Interior standpipe connections
within structures, in some cases will require additional plain language
on signs to identify location, particular system and supply location.
G. Stairway markings/information
signs. A sign shall be provided at each floor landing in all interior
exit stairways more than three stories above grade, designating the
floor level, the floor level above the floor of discharge, the identification
of the stairway and the availability of roof access from that stairway.
Floor level characters shall be at least six inches in height and
characters of other information shall be at least 1 1/2 inches
in height. Signage shall be located approximately five feet above
the floor landing in a position which is readily visible when the
doors are in the open and closed positions.
H. Certificate of Fire Code status. As per N.J.A.C. 5:70-2.2(e)2ii of the Uniform Fire Code, the fee for any request for a Certificate of Fire Code status shall be set forth in Chapter
260, Fee Schedule, of the Code of the Township of Bordentown.
I. Rapid entry system.
(1) Criteria for requirements.
The Bureau of Fire Prevention shall require the owner, tenant, and/or
occupant(s) of the following types of building(s) or structure(s)
to have installed on their building(s) or structure(s) a rapid-entry
key box, to be located in an accessible location, as determined by
the Fire Official:
(a) All hotels, motels or
multiple dwellings that are occupied throughout the day or night and
have common corridors to living units or spaces.
(b) Any property that utilizes
a locked gate to control vehicle access to the property.
(c) All structures protected
by an automatic alarm system or automatic fire-suppression system.
(d) Any building equipped
with an elevator.
(e) Any structure deemed by
the Fire Official that would be difficult to access because of secured
openings.
(f) Exceptions:
[1] Any property protected
by on-site twenty-four-hour, seven-days-a-week security guard service,
maintenance or nursing staff.
[2] One- and two-family
dwellings.
(2) Approval of system type;
keys. 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 same. The Bureau of Fire Prevention may request, and the owner
of the building or structure concerned shall provide, two sets of
keys for the following areas within the building or structure: Pass
or master keys, as may be available; boiler rooms; sprinkler rooms
and control valves; fire alarm control panel; electrical rooms; elevators
and elevator control rooms; and such other room(s) or door(s) requested
by the Fire Department where entry may be required.
(3) Privacy protection. Notwithstanding
the provisions of any other section of this article, 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.
(4) Keys and information kept
up-to-date. The owner or operator of any occupancy or structure that
requires a rapid-entry-key-box system shall be required to have kept
therein updated keys and documents for all locks and structures as
required at all times.
J. Cost of suppression. If the origin
and cause of the fire results from a violation of the Uniform Fire
Safety Act previously cited by the Bureau of Fire Prevention, the
owner/occupant shall be responsible for the cost of the suppression,
pursuant to the State Uniform Fire Safety Act [specifically N.J.S.A.
52:27D-210.b.(3)].
K. Commercial property identification
of rear doors. The rear exterior doors on multiple tenant commercial
properties shall be identified with a minimum of four-inch letters
of contrasting color stating the business name and unit number. The
signage shall be provided and maintained up to date by the landlord
at the landlord's expense. Names shall be updated as soon as occupancy
changes.
Except as provided in §
274-23 herein, penalties for violation of this article shall be consistent with the penalties established in N.J.A.C. 5:70-2.12, as amended from time to time, and/or codified in Township ordinances and enforced by the local police and/or the LEA. In addition to any penalty imposed, any responsible party shall pay attorney fees and costs incurred by the LEA in any action to enforce this article.