[HISTORY: Adopted by the Township Committee
of the Township of Middle as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-3-1985 by Ord. No. 512-85;
amended in its entirety 9-19-2005 by Ord. No. 1206-05]
Pursuant to § 11 of the Uniform Fire
Safety Act (P.L. 1983 c.383), the New Jersey Uniform Fire Code (N.J.A.C.
5:70-1 et seq.) shall be locally enforced within the established limits
of Middle Township Fire District No. 1, Middle Township Fire District
No. 2, Middle Township Fire District No. 3 and Middle Township Fire
District No. 4.
The local enforcing agency shall be the Boards
of Fire Commissioners of Middle Township Fire District No. 1, Middle
Township Fire District No. 2, Middle Township Fire District No. 3
and Middle Township Fire District No. 4, each within the limits established
by official Township action through its Bureau of Fire Prevention,
which is hereby created therein. Each Bureau of Fire Prevention shall
hereinafter be known as the local enforcing agency.
A.
The local enforcing agency shall enforce the New Jersey
Uniform Fire Safety Act (P.L. 1983, c.383), The New Jersey Uniform
Code (N.J.A.C. 5:70-1 et seq.) and this article in all buildings,
structures, and premises within the established boundaries of their
respective fire districts within the Township of Middle, other than
owner-occupied dwellings used exclusively for dwelling purposes of
the owner, 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 the requirements of the Uniform Fire Safety Act, the Uniform
Fire Code and this article.
C.
The Boards of Fire Commissioners in the respective
fire districts shall designate a Fire Official who shall be charged
with the administration and enforcement of the Fire Code within the
boundaries of the Fire District. The respective Boards of Fire Commissioners
shall annually appropriate and raise sufficient funds to support the
operations of the enforcing agency. Each Fire District shall provide
the municipal government with an employee handbook for approval by
the Township Committee for use in each local enforcing agency.
A.
Each Bureau of Fire Prevention established by § 142-2 of this article shall be under the direct supervision and control of a Fire Official who shall be charged with the administration and enforcement of the code within the boundaries of the Fire District. The Fire Official shall report to the Boards of Fire Commissioners in the respective fire districts.
B.
The Bureau of Fire Prevention shall have an appropriate
number of certified fire inspector(s) necessary to carry out the required
inspection activity in the local enforcing agency. The Fire Official
and all other local enforcing agency personnel shall be considered
public employees.
A.
Appointment and qualifications of the Fire Official.
The Fire Official shall be certified by the state and appointed by
the Board of Fire Commissioners in the respective fire districts.
B.
Appointment and qualifications of inspectors and other
employees. Inspectors and other employees of the enforcing agency
shall be appointed by each Fire District upon recommendation of the
Fire Official. Inspectors and other employees shall be under the direct
control of the Fire Official. All inspectors shall be certified by
the state. The workload of inspectors and other employees of the enforcing
agency will be set by the Fire Official.
C.
Appointment of legal counsel. The Fire Districts shall
specifically appoint and provide 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 four years. A formal review and evaluation of the Fire Official's
performance shall be on an annual basis. Any vacancy shall be filled
for the unexpired term.
E.
Removal from office. Fire Officials, fire inspectors
and other employees of the agency shall be subject to removal by the
governing body of the appropriate fire district for inefficiency or
misconduct. 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. All discharges will be in accordance with
federal and state laws, including the New Jersey Civil Service Act.
The Bureau of Fire Prevention established by § 142-2 of this article 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.
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 pay an annual registration/inspection fee. (The following
fee schedule for non-life hazard use in the local enforcing agency's
jurisdiction shall be included in Sub-Chapter 2 of the Uniform Fire
Code. These fees are not to be used for life-hazard uses as defined
in the Uniform Fire Code.)
[Amended 2-21-2018 by Ord. No. 1552-18]
(1)
A - Assembly.
A-1
|
Eating establishment under 50
|
$72
| |
A-2
|
Take-out food service (no seating)
|
$48
| |
A-3
|
Church or synagogue under 50
|
$30
| |
A-4
|
Recreation centers, multipurpose rooms, etc.
(less than 100)
|
$72
| |
A-5
|
Condominium centers less than 100
|
$72
| |
A-6
|
Senior citizen centers less than 100
|
$72
|
(2)
B - Business/professional.
B-1
|
1 and 2 story less than 500 square feet per
floor
|
$60
| |
B-2
|
1 and 2 story more than 500 square feet less
than 2,000 square feet per floor
|
$72
| |
B-3
|
1 and 2 story more than 2,000 square feet less
than 3,000 square feet per floor
|
$84
| |
B-4
|
1 and 2 story more than 3,000 square feet less
than 5,000 square feet per floor
|
$96
| |
B-5
|
1 and 2 story more than 5,000 square feet per
floor
|
$120
| |
B-6
|
3 to 5 story less than 1,000 square feet per
floor
|
$72
| |
B-7
|
3 to 5 story more than 1,000 square feet less
than 5,000 square feet per floor
|
$180
| |
B-8
|
3 to 5 story more than 5,000 square feet per
floor
|
$240
|
(3)
M - Mercantile (retail).
M-1
|
1 and 2 story less than 2,000 square feet per
floor
|
$60
| |
M-2
|
1 and 2 story more than 2,000 square feet less
than 4,000 square feet per floor
|
$72
| |
M-3
|
1 and 2 story more than 4,000 square feet per
floor
|
$120
| |
M4
|
3 to 5 story less than 2,000 square feet per
floor
|
$90
| |
M-5
|
3 to 5 story more than 2,000 square feet less
than 5,000 square feet per floor
|
$120
| |
M-6
|
3 to 5 story over 5,000 square feet per floor
|
$150
|
(4)
F - Factory (manufacturing).
F-1
|
1 and 2 story less than 5,000 square feet per
floor
|
$96
| |
F-2
|
1 and 2 story more than 5,000 square feet less
than 10,000 square feet per floor
|
$120
| |
F-3
|
1 and 2 story more than 10,000 square feet per
floor
|
$180
| |
F4
|
3 to 5 story less than 5,000 square feet per
floor
|
$120
| |
F-5
|
3 to 5 dory more than 5,000 square feet less
than 10,000 square feet per floor
|
$240
| |
F-6
|
3 to 5 story over 10,000 square feet per floor
|
$300
|
(5)
S - Storage (moderate and low hazard/per building).
S-1
|
1 and 2 story less than 3,000 square feet per
floor
|
$60
| |
S-2
|
1 and 2 story more than 3,000 square feet less
than 5,000 square feet per floor
|
$90
| |
S-3
|
1 and 2 story more than 5,000 square feet per
floor
|
$120
| |
S-4
|
3 to 5 story less than 3,000 square feet per
floor
|
$210
| |
S-5
|
3 to 5 story more than 3,000 square feet less
than 5,000 square feet per floor
|
$240
| |
S-6
|
3 to 5 story over 5,000 square feet per floor
|
$300
|
(6)
R - Residential (motels, hotels, multiple dwelling
and rental units). Fee is for each building or structure.
RM-1
|
1 to 4 units
|
$72
| |
RM-2
|
4 to 10 units
|
$84
| |
RM-3
|
10 to 20 units
|
$108
| |
RM-4
|
21 to 50 units
|
$142
| |
RM-5
|
for each additional unit
|
$12
| |
Common area (each building):
| |||
RC-1
|
1 and 2 story less than 5,000 square feet per
floor
|
$72
| |
RC-2
|
1 and 2 story more than 5,000 square feet less
than 10,000 square feet per floor
|
$96
| |
RC-3
|
1 and 2 story more than 10,000 square feet per
floor
|
$120
| |
RC-4
|
3 to 5 story less than 5,000 square feet per
floor
|
$150
| |
RC-5
|
3 to 5 story more than 5,000 square feet less
than 10,000 square feet per floor
|
$180
| |
RC-6
|
3 to 5 story over 10,000 square feet per floor
|
$240
|
B.
Annual registration/inspection fees for non-owner-occupied
(R3 and R4 as defined by the Uniform Fire Code) single units or duplex
units shall be $60.
[Amended 2-21-2018 by Ord. No. 1552-18]
C.
Uses not classified above that are subject to the
Uniform Fire Code will be classified as business/professional uses.
Annual inspections will establish that the occupancy has not been
changed unless the structure has been upgraded to the new use as required
under N.J.A.C. 5:23-2.6(b).
D.
Uses required to register with the state as life-hazard
uses shall not be required to register under this section.
E.
Vacant buildings or spaces will be charged and inspected
according to the previous use of the building at the discretion of
the Fire Official. Life-hazard uses no longer in business will revert
to a non-life-hazard use fee (Business/Professional) and be inspected
at the discretion of the Fire Official.
F.
All residential uses of § 142-7A(6) shall be inspected in the common areas each year, with the dwelling units inspected at the minimum on a cyclical inspection schedule.
G.
Each structure designated as self-storage facilities
shall be inspected with the exception of individual-occupied and self-locked
units. Said fee will be as indicated in § 172-7A(5) above,
with the exception that each additional building on the premises be
1/4 of the designated fee structure. A legal business operated from
a storage unit shall be inspected and charged as per use. This in
no manner limits the Bureau from inspecting individual units in the
storage structure with just cause or under circumstances deemed necessary
by the Fire Official. The owner of the self-storage facility shall
provide immediate access to the individual units if necessary. The
owner of the facility and each individual utilizing the facility shall
provide a written and signed statement that there are no hazardous
materials placed in storage prior to having use of the unit.
H.
All campground/resort rental or lease units with solid exterior walls shall pay a registration fee as per § 142-7A(6).
I.
Non-life-hazard uses and other uses stated above will
comply with the requirements of the New Jersey Uniform Fire Safety
Act (P.L. 1983, c.383) and the New Jersey Uniform Fire Code (N.J.A.C.
5:70-1 et seq.)
A.
Subsequent owners or those succeeding to control over a premises listed in § 142-7 (Non-life-hazard uses) above shall be responsible for correcting unabated violations and for the payment of outstanding fees and/or penalties whether or not they have requested a certificate of fire code status. The owner, contract purchaser, transferee or the authorized agent of any of them shall request the issuance of a certificate stating if any of the above conditions exist.
(1)
The cost for the issuance of a certificate of fire
code status shall be $72.
[Amended 2-21-2018 by Ord. No. 1552-18]
B.
Before any Use Group R-3 or R4 structure is sold,
leased, or otherwise made subject to a change of occupancy for residential
purposes, the owner or the authorized agent of the owner, shall apply
for a certificate of smoke detector and carbon monoxide alarm compliance
(CSDCMAC). The application for a CSDCMAC will be on a certified form
provided by the enforcing agency. The application shall be accompanied
by the appropriate fee. The enforcing agency may accept the certified
form in lieu of inspection. The fees for a CSDCMAC follow:
[Amended 2-21-2018 by Ord. No. 1552-18]
(1)
Request for a CSDCMAC received more than 10 business
days prior to settlement will be $60.
(2)
Request for a CSDCMAC received four to 10 business
days prior to settlement will be $90.
(3)
Request for a CSDCMAC received fewer than four business
days prior to settlement will be $161.
(4)
(Reinspection fees will be 50% of the original application
fee)
C.
Special event requirements for public assembly to
include trade shows, displays, musical concerts, outdoor events and
tents or canopies used as a place of temporary assembly will comply
with N.J.A.C. 5:70-1 et seq.
(1)
Permits required
SE1
|
Tent or canopy, 600 to 1,200 square feet
|
Type 1
| |
SE2
|
Tent or canopy, over 1,200 square feet
|
Type 2
| |
SE3
|
Flammable liquids, each event
|
Type 1
| |
SE4
|
LPG (propane), storage and use (single event)
|
Type 1
| |
SE5
|
LPG (propane), storage and use (annual)
|
Type 2
| |
SE6
|
Open flame, single event
|
Type 1
| |
SE7
|
Open flame, annual event
|
Type 2
| |
SE8
|
Placing or constructing temporary kiosks, display
booths or concession equipment in any public building
|
Type 1
| |
SE9
|
Fireworks, indoor/outdoor
|
Type 3
|
(2)
All permits will be required to comply with N.J.A.C.
5:70-1 et seq., and any information bulletins of the Bureau of Fire
Prevention.
A.
In buildings equipped with or required to be equipped
with fire detection or fire suppression systems or equipment, the
Fire Official shall require a key box to be purchased and installed
at the expense of the owner or occupant of the structure in an accessible
location to be approved by the Fire Official.
B.
The key box shall be of a type approved by the Fire
Official and shall be installed in a manner approved by the Fire Official.
C.
The key box shall contain the following items:
(1)
Updated keys necessary for access to all portions
of the premises.
(2)
Keys to fire alarm control panels, keys necessary
to operate or service fire alarm control panels and keys necessary
to operate or service fire protection systems.
(3)
Electronic entry cards.
(4)
Elevator and emergency information.
(5)
Any other pertinent information which may be needed
in an emergency or as required by the Fire Official.
D.
Access to key boxes shall be available only to authorized personnel and only by the master key. The master key shall be locked up in a self-contained unit that secures the master key in the emergency vehicle and shall be inaccessible until authorized personnel enter their pin code into a decoder permitting access to the master key. By the close of business on the next business day following the opening of a key box, the Fire Official, or his designee, shall verify the replacement of the items listed in Subsection C herein with the owner or occupant of the premises.
E.
A self-contained unit that locks up a master key will
have audit trail capability for downloading key release data to a
computer. This information shall be downloaded monthly and kept on
file by the Fire Official. Authorized personnel will fill out a key
release form no later than the next business day after key release
and submit same to the Fire Official. The Fire Official monthly will
compare the audit information with the submitted forms.
F.
The owner or occupant of the premises shall maintain
the key box.
G.
Any building owner or occupant who fails to install
a key box thereby violating this section, after receiving due notice
by the Fire Official, is guilty of a violation of this section and
subject to a minimum fine of $100. Each and every day that the violation
continues shall be considered a separate offense.
H.
In those buildings required to have a key box that
are occupied prior to the adoption of this article, the owner and/or
occupant of the building shall have 90 days from the date of the adoption
of this article or 30 days from the date of the next annual fire inspection
to install the appropriate key box in accordance with this article.
A.
The Fire Official shall require and designate public
or private fire lanes and fire apparatus access roads necessary for
the efficient and effective operation of the apparatus and fire-fighter
safety within the jurisdiction. Fire lanes and fire apparatus access
roads shall be considered a part of the fire protection system for
structures.
B.
Proposed fire lanes and fire apparatus access roads
shall not conflict with prior approvals issued by the planning and/or
zoning boards with written documentation to support said claim. This
does not exclude the Fire Official from designating additional fire
lanes as required for efficient and effective operation of fire apparatus
and fire-fighter safety within the jurisdiction.
C.
Fire lanes and fire apparatus access roads, whether
public or private, shall be a minimum of 20 feet in width with a thirteen-foot-six-inch
vertical clearance, paved with an approved material, and have the
ability to support the imposed weights of fire apparatus, which is
currently 70,000 pounds. The inside turning radii for all lanes and
access roadways that may be used by the Fire Department for access
to a structure shall be no less than 33 feet. The easement or tract
width shall be as designated by Middle Township requirements. The
right-of-way and fire apparatus access roads shall be of sufficient
width to accommodate any future development.
D.
The surface of fire lanes and fire apparatus access
roads, whether public or private, shall be maintained year round in
a first class condition, accessible at all times, free of potholes
and other nonapproved obstructions.
E.
Fire apparatus access roads shall be required for
every building when any portion of an exterior wall of the first story
is located more than 150 feet from a dedicated public roadway, and
shall be required to have an approved turnaround for Fire Department
apparatus.
F.
A single-family residence served by an independent
single driveway longer than 150 feet in length, with approval of the
Fire Official, shall have a minimum cartway width of 16 feet with
a traveled way width of 14 feet.
G.
When two single-family residences are served by an
independent shared single driveway longer than 150 feet in length,
that driveway shall have a minimum cartway width of 20 feet with a
traveled way width of 18 feet.
H.
When three single-family residences are served by
an independent shared single driveway longer than 150 feet in length,
that driveway shall have a cartway width of 22 feet with a traveled
way width of 20 feet.
I.
Not more than three single-family lots shall abut
or touch any portion of the shared driveway and not more than three
single-family units may access a shared driveway. Each lot abutting
a shared driveway must access off the shared driveway and provide
four on-site parking spaces with no parking allowed on the shared
driveway.
J.
Four or more single-family lots shall be required
to have a minimum cartway width of 28 feet with a traveled way width
of 21 feet plus one parking lane and shall not be considered a private
shared driveway.
K.
No person shall, at any time, park a nonemergency
motor vehicle or in any other manner obstruct a fire lane or fire
apparatus access road. Active loading and unloading is permitted as
long as the vehicle is attended at all times and can be immediately
moved. Waiting in a vehicle is not considered active loading and unloading
and is not permitted.
L.
Parking in or obstructing fire lanes or fire apparatus
access roads will be penalized by fines as established by local traffic
control laws, as follows: Unless anther penalty is expressly provided
by New Jersey statute, every person convicted of a violation of parking
or obstructing a fire lane or fire apparatus access road or any supplement
thereto shall be liable to a penalty of not more than $100 or imprisonment
for a term not to exceed 15 days, or both.
M.
The Middle Township Police Department shall have jurisdiction
to enforce the provisions of this section of the article.
N.
All designated fire lanes and fire apparatus access
roads shall be marked in one of the following manners:
(1)
Vertical curbs shall be painted yellow on the top
and side, extending the length of the designated fire lane. The pavement
adjacent to the painted curbs shall be marked with minimum 18 inches
in height block lettering with a minimum three-inch brush stroke reading:
"NO PARKING-FIRE LANE." Lettering shall be white in color and spaced
no more than 50 feet apart.
(2)
Rolled curbs or surface without curbs shall have a
yellow six-inch wide stripe painted extending the length of the designated
fire lane. The surface adjacent to the stripe shall be marked with
a minimum l8 inches in height block lettering with a minimum three-inch
brush stroke reading: "NO PARKING - FIRE LANE," Lettering shall be
white in color and spaced no more than 50 feet apart.
(3)
Fire lane signs shall be installed per the following:
(a)
The sign shall be no less than 12 inches wide
and 18 inches high.
(b)
The lettering and the background for the lettering
shall be reflective in nature.
(c)
It shall have red letters on a white background.
(d)
The words "NO PARKING" shall have the lettering
no less than three inches in height.
(e)
The words "FIRE LANE" shall have the lettering
no less than two inches in height.
(f)
The violation ordinance number will be on all
fire lane signs.
(g)
The signs shall be mounted on either pressure
treated four-inch by four-inch wooden posts or on an approved metal
post.
(h)
The signs shall be mounted so the bottom of
the sign is no less than seven feet above the ground and spaced no
more than 50 feet apart and shall be placed on or immediately next
to the curb.
A.
The Fire Official shall review any site or subdivision
plan for the purpose of fire prevention as to the location and size
of Fire Department access roads, fire lanes, zones and areas, water
mains, drafting locations, fire hydrants, and any other such information
as the Board of Fire Commissioners and/or its designated agents may
deem necessary or required. Said submission of plans to the Bureau
of Fire Prevention shall include any plans submitted to the Planning
Board or Zoning Board of Adjustment for the development, construction
or improvement of properties in the Township. Said reviews shall include,
but not be limited to, any construction or improvement of any use
group, as defined in Chapter 3 (use and occupancy classification)
of the International Building Code, New Jersey Edition, adopted by
the State of New Jersey, as amended. Prior to the issuance of any
building permit, the above projects must receive Fire Official approval.
B.
Each applicant shall pay the following fees to the
Bureau of Fire Prevention for review of any site or subdivision plans:
[Amended 2-21-2018 by Ord. No. 1552-18]
C.
The Fire Official shall provide to the appropriate
individuals, company, agencies and the water company the location
or relocation of new or existing fire hydrants upon public lands.
D.
The Fire Official shall provide to the appropriate
individuals, company or agencies the location or relocation of new
or existing fire hydrants upon private lands.
E.
Each application for a certificate of occupancy (as
required by the Uniform Construction Code) shall be reviewed for proper
Fire Department access roads/lanes and approved by the Fire Official
before any certificate of occupancy may be issued.
A.
The Fire Official shall investigate, or cause to be
investigated, every reported fire or explosion occurring within the
jurisdiction that involves the loss of life or serious injury or causes
destruction or damage to property as per N.J.A.C. 5:71-3.3(a)25.
B.
As used in this section, "false alarm" shall mean
the transmission either directly or indirectly of any fire alarm,
smoke alarm, fire sprinkler water flow alarm, or carbon monoxide alarm
that was not caused by a fie, a smoke condition or such other condition
that is beyond the control of the owner, that causes a response of
the Fire Company.
C.
Upon the occurrence of a fire alarm or false alarm;
a response of Fire Bureau personnel may occur to all occupancies,
other than owner-occupied one- and two-family dwellings, unless requested
to respond to an owner-occupied one- and two-family dwelling by the
Fire Chief or his or her duly authorized representative.
D.
The Fire Company shall report all false alarms to
the Fire Bureau, which shall investigate and determine the cause of
the false alarm. The Fire Bureau shall maintain a list of all false
alarms. Said list shall identify the locations of the false alarms
and the number of false alarms at the location during the calendar
year.
E.
After two false alarms in any calendar year, the Fire
Official may issue the owner or lessee of such alarm a penalty fee
of not less than $100 nor more than $1,000 or as provided by the Uniform
Fire Code (N.J.A.C. 5:70-1 et seq.).
(Reserved)
Pursuant to §§ 15 and 17 of the
Uniform Fire Safety Act, any person aggrieved by any action of the
local enforcing agency shall have the right to appeal to the county
construction board of appeals.
A.
Enforcement, violations and penalties shall be managed
in conformity with the Uniform Fire Safety Act, the Uniform Fire Code
and all other laws of the State of New Jersey.
B.
If a penalty order has not been satisfied after its
issuance, the local enforcing agency may institute a civil penalty
action by a summary proceeding under the New Jersey Penalty Enforcement
Law of 1999 (N.J.S.A. 2A:58-10 et seq.) in the Superior Court or Municipal
Court.
[Adopted 3-15-1994 by Ord. No. 884-94]