[HISTORY: Adopted by the Township of Howell
by Ord. No. O-85-21, as amended through Ord. No. O-01-10 (§ 10-1
of the 1974 Code). Subsequent amendments noted where applicable.]
The New Jersey Uniform Fire Code, N.J.A.C. 5:70-1
et seq. and all amendments and supplements thereto is hereby adopted
by the Township 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 of standards
to achieve the objectives. Rules and regulations set forth in the
code shall be and the copies of these standards, rules and regulations
are now on file in the office of the Bureau of Fire Prevention and
in the office of the Township Clerk.
This chapter shall hereafter be cited and designated
as the "Fire Prevention Code of the Township of Howell."
[Amended 3-19-2013 by Ord. No. O-13-04; 6-25-2024 by Ord. No. 24-21]
A.
Enforcement of this chapter shall be through the Bureau of Fire Prevention
of the Township of Howell which is hereby established pursuant to
this section and which is hereby designated as the local enforcing
agency pursuant to the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1
et seq., and which shall be maintained and operated under the supervision
and control of the Township of Howell in the manner prescribed herein.
B.
The Bureau of Fire Prevention shall consist of the Chief of the Bureau,
designated supervisors, fire inspectors, and necessary support staff,
such as clerical and secretarial, to assure proper code enforcement.
The Fire Official, supervisors, inspectors, and other employees of
the fire bureau agency shall be considered public employees and shall
be subject to all existing Howell Township personnel policies and
procedures. Recommendations may be submitted to the Township Manager
by the Boards of Fire Commissioners. The Chief of the Bureau shall
also be designated the Chief Fire Marshal and as the Fire Official
pursuant to the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq.
The fire subcode official shall be appointed pursuant to the New Jersey
Uniform Construction Code to enforce the fire protection subcode.
C.
The salary of the Chief of the Bureau, supervisors, the fire inspectors
and the other support personnel in the Bureau shall, to the extent
permitted by law, be established by the appropriate salary ordinances
as adopted by the Township Council.
D.
The minimum qualifications and requirements for the Chief of the
Bureau of Fire Prevention, supervisors, fire inspectors and support
personnel shall be as follows:
(1)
Minimum qualifications of Chief of Fire Bureau. The qualifications
of the Chief of the Bureau of Fire Prevention shall be as follows:
(2)
Minimum qualifications for inspectors. All fire inspectors shall
be certified in fire code enforcement pursuant to the provisions of
the Uniform Fire Code.
(3)
The Fire Official and all fire inspectors shall meet the certification
requirements established by the state regulations (N.J.A.C. 5:71-4.4).
Copies of the qualifications, requirements and certifications shall
be maintained in the appropriate personnel files of each employee.
E.
The Bureau shall be charged with the duties of the enforcement of
this chapter and such other ordinances, rules and regulations of this
municipality that pertain to fire prevention, protection and control,
including but not limited to making reports, inspections, including
inspections of life-hazard uses and non-life-hazard uses pursuant
to the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.), reviewing
plans and issuing of permits; investigation of fire; coordinating
firesafety activities of the Howell Police Department and the Township
safety officer; inspecting, at least once in each year, all other
commercial businesses, industrial plants and similar occupancies for
fire hazards not required to be inspected by the New Jersey Uniform
Fire Code; establishing and conducting programs for the promotion
of firesafety and prevention education training and practices; maintaining
an appropriate record system and performing such related duties as
may be assigned. The Chief of the Bureau may in their discretion call
upon Township entities such as the Office of Emergency Management
to assist with fire safety duties or in responding to fire emergency
calls.
F.
The Chief of the Bureau of Fire Prevention shall be required to report
to the Township Manager regularly regarding the operation of the Bureau
and issue monthly reports to the Township Council and to the Township
Manager with respect to the activities of the Bureau of Fire Prevention
and shall from time to time make recommendations for appropriate amendments
to the ordinances and other rules and regulations of the Township
relating to fire protection.
G.
Whenever the Chief of the Bureau determines that Bureau personnel are necessary for fire watch or fire safety stand-by duties (as defined in § 139-18) at any occupancy or event within the designated jurisdictional boundaries of the Bureau:
(1)
The owner or party responsible for said event shall obtain a permit
for the use or event as outlined in N.J.A.C. 5:70-2.7.
(2)
The Chief of the Bureau shall determine the number of inspector(s)
and or fire suppression personnel required.
(3)
The Chief of the Bureau shall determine the hours that the fire inspector(s)
and/or fire suppression personnel will be on duty.
(4)
The Chief of the Bureau or designee(s) shall have the right of access
to the premises and area surrounding it without interference from
the property owner.
(5)
Any occupancy or event requiring fire apparatus and firefighting
personnel on-site to ensure the safety of the public and/or other
occupants, and or/to ensure the safety of any building and/or exposures
shall reimburse the appropriate fire district.
A.
The Division of Fire Safety in the Department of Community
Affairs of the State of New Jersey is hereby designated as the agency
for the collection of the annual registration fees associated with
life-hazard uses as set forth in the New Jersey Uniform Fire Code,
N.J.A.C. 5:70-1.
B.
For the issuance of the permits as described in the Uniform Fire Code (N.J.A.C. 5:70-2.7, Permits), fees as set forth in Chapter 139, Fees, shall be collected.
C.
The Fire Bureau shall, hereafter, furnish upon request of any person or entity a copy of any official fire report or fire investigation report (except those required or permitted under law to be excluded from public inspection "confidential files") after fees as set forth in Chapter 139, Fees, payable to the Howell Fire Bureau, have been paid by the requesting party.
[Amended 6-25-2024 by Ord. No. 24-21]
Whenever the Chief of the Bureau shall disapprove
an application or refuse to grant a permit applied for, or when it
is claimed that the provisions of the code have been misconstrued
or wrongly interpreted or whenever the applicant shall claim that
failure to grant the permit sought would result in hardship to the
applicant, the applicant may appeal from the decision of the Chief
of the Bureau to the Monmouth County Construction Board of Appeals,
as set forth under the New Jersey Uniform Fire Safety Code, N.J.A.C.
5:70-2.19.
[1]
Editor's Note: Former § 150-6, New materials, processes
or occupancies, was repealed 3-19-2013 by Ord. No. O-13-04.
Any person or persons, firm, partnership or
corporation violating any of the provisions of this chapter, other
than for violation of fire zone regulations as hereinafter set forth,
shall be liable to the penalties and other relief set forth in N.J.A.C.
5:70-2.12 of the New Jersey Uniform Fire Safety Code.
As used in this article, the following terms
shall have the meanings indicted:
A paved area designated in accordance with the provisions
of this article which does typically bear vehicular traffic as part
of the traffic circulation system on the premises where a building
to which the public is invited has been located, but which is intended
to provide an immediate and unobstructed route for fire-fighting equipment
and personnel on site.
A paved area adjacent to a building to which the public is
invited which does not typically accommodate the flow of vehicular
traffic and which has been designated as a fire zone in accordance
with the provisions of this article intended to provide unobstructed
and immediate access to any such building by fire-fighting equipment
and personnel.
The Fire Official shall designate fire zones
and fire lanes pursuant to this article under the provisions of the
BOCA Basic National Fire Prevention Code 1984.
The fire zones/fire lanes shall be established
to insure fire equipment and other emergency vehicles unobstructed
means of ingress and egress to such properties and the buildings,
persons, vehicles, fire hydrants and standpipes thereon in case of
fire or other emergency.
Fire lanes shall be striped and lettered in
yellow on a paved surface which lettering shall remain legible. Lettering
shall read "Fire Lane No Parking." Metal "No Parking - Fire Lane"
signs shall be provided, erected and maintained at the discretion
of the Bureau of Fire Prevention by the owner, owners or operators
of premises upon which a fire lane is established. Fire zones shall
be striped in yellow on a paved surface. Lettering on such paved surface
shall not be required.
Metal "No Parking - Fire Zone" signs shall be
provided, erected and maintained, at the discretion of the Bureau
of Fire Prevention, by the owner, owners or operators of premises
upon which a fire zone is established.
The number, location, length and width of fire
zones shall be determined by the Bureau of Fire Prevention. Such determination
and approval shall be based upon the size, type and location of the
buildings, the use to which the property is put, the number of motor
vehicles operated and parked upon the property, the number of persons
using and occupying the premises, the existing means of ingress and
egress, the total area of the property and all other factors relevant
to insuring speedy and safe ingress and egress of fire-fighting equipment.
The Bureau of Fire Prevention and the Police
Department of the Township shall have concurrent jurisdiction to enforce
the provisions of this article. The Bureau of Fire Prevention is hereby
authorized and empowered to exercise such powers as may be necessary
or convenient to effectuate the purpose of the provisions of this
article.
No person shall at any time park a motor vehicle
in, or otherwise obstruct in any way, any fire zone or fire lane established
in accordance with the terms of this article.
Fire zones shall be striped in reflective yellow
paint (Con Lux 3A or its equivalent) on a paved surface in accordance
with the rules and regulations as set forth herein and in accordance
with the requirements of the Bureau of Fire Prevention.
Any person, firm or corporation who shall violate
any of the provisions of this article dealing with fire lanes and
fire zones shall upon conviction by a court of competent jurisdiction
be punished by a fine of not to exceed $500 or by imprisonment in
the county jail for a period not to exceed 90 days, or by both such
fine and imprisonment. Each violation of any of the provisions of
this article, and each day the same is violated, shall be deemed and
taken to be separate offense at the discretion of the court.
