[Adopted 10-1-1975 as Ch. 58 of the 1975 Code]
[Amended 1-5-1977 by Ord. No. 1976-24; 12-2-1981 by Ord. No.
1981-21; 11-7-1984 by Ord. No. 1984-19; 9-20-2000 by Ord. No.
2000-11; 12-8-2016 by Ord. No. 2016-19]
For the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, the Fire Prevention
Code for the Township of Maple Shade shall be the current edition
of the International Fire Prevention Code as adopted by the State
of New Jersey. Such code is incorporated herein by reference thereto,
except that those parts of said code which are hereinafter deleted,
modified or amended by this article are not incorporated herein. The
regulations, as set forth herein, shall be known as the "Fire Prevention
Maintenance Code of the Township of Maple Shade," and are herein referred
to as such or as the "code." The Township Council hereby declares
that three copies of the code shall be on file in the office of the
Township Clerk and available for public inspection during regular
business hours.
As used in this article and the code adopted
hereby, the following terms shall have the meanings indicated:
The Fire Official and/or Assistant Fire Official.
[Amended 10-20-1976 by Ord. No. 1976-18; 3-15-2006 by Ord. No. 2006-6]
The Attorney of the Township of Maple Shade.
The Township of Maple Shade.
[Amended 10-20-1976 by Ord. No. 1976-18; 6-17-1981 by Ord. No.
1981-11; 11-7-1984 by Ord. No. 1984-19; 3-15-2006 by Ord. No.
2006-6; 12-8-2016 by Ord. No. 2016-19]
A.
The
Fire Prevention Code shall be enforced by the Bureau of Fire Prevention
in the Fire Department of the Township of Maple Shade, which is hereby
established and which shall be operated under the supervision of the
Township Manager.
B.
The individuals serving as Fire Official in charge of the Bureau of Fire Prevention and the Assistant Fire Official shall be appointed and serve in accordance with § 95-47 herein and shall have a current New Jersey Department of Community Affairs Fire Official Certification. All fire inspectors appointed pursuant to § 95-47 shall hold a current New Jersey Department of Community Affairs Fire Inspection certification.
C.
A
report of the Bureau of Fire Prevention shall be made annually and
transmitted to the Township Manager; it shall contain a report of
all proceedings under the Fire Prevention Code, with such statistics
as the Fire Official may wish to include therein.
[Amended 1-5-1977 by Ord. No. 1976-24; 11-7-1984 by Ord. No.
1984-19; 12-8-2016 by Ord. No. 2016-19]
The limits referred to in the International Fire Prevention
Code (2006 edition or current approved edition), in which the storage
of explosives and blasting agents is prohibited, are hereby established
as follows: the entire corporate limits of the Township of Maple Shade.
A.
The limits referred to in the Fire Prevention Code, in which the storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: the entire corporate limits of the Township of Maple Shade except for those areas designated as being within the LM Limited Manufacturing Districts and HC Highway Commercial Zones by Chapter 205, Zoning.
[Amended 1-5-1977 by Ord. No. 1976-24; 9-3-1997 by Ord. No. 1997-16; 9-20-2000 by Ord. No. 2000-11]
B.
Notwithstanding anything herein to the contrary, the
storage of fuel oil in not more than two tanks of not exceeding 275
gallons' capacity each on any lot or premises, for use exclusively
in heating the interior of a building or buildings on the premises,
is hereby permitted.
C.
The limits referred to in the Fire Prevention Code, in which new
bulk plants for flammable or combustible liquids are prohibited, are
hereby established as follows: the entire corporate limits of the
Township of Maple Shade.
[Amended 1-5-1977 by Ord. No. 1976-24; 11-7-1984 by Ord. No.
1984-19]
D.
All aboveground storage tanks must be installed in
accordance with NFPA and International Fire Code requirements.
[Added 9-3-1997 by Ord. No. 1997-16;
amended 12-8-2016 by Ord. No. 2016-19]
E.
All aboveground storage tanks must be enclosed by
an approved safety fence and visual screen to buffer the tanks from
adjacent properties and surrounding views. Plant material shall be
of sufficient height and quantity to provide screening within three
years.
[Added 9-3-1997 by Ord. No. 1997-16]
[Amended 1-5-1977 by Ord. No. 1976-24; 11-7-1984 by Ord. No.
1984-19]
The limits referred to in the Fire Prevention Code, in which the bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: the same limits as established in § 95-5A of this article.
[Amended 3-15-2006 by Ord. No. 2006-6]
Whenever the Chief of the Fire Department, Fire
Official, Township Manager, Assistant Fire Official or any other person
affected by the provisions of this article determines that practical
difficulties causing undue hardship are involved in carrying out the
strict letter of the Fire Prevention Code, the governing body may,
upon application in writing by any of such persons, after a public
hearing held after notice published for two consecutive weeks in a
local newspaper, modify any of the provisions of the Fire Prevention
Code, provided that the spirit of the code shall be observed, public
safety secured and substantial justice done. A signed copy of such
modification shall be furnished to the applicant and to the owner
of the lands and premises affected. A signed copy shall also be attached
to the minutes of such hearing and to the original Fire Prevention
Code.
[Amended 11-7-1984 by Ord. No. 1984-19; 3-15-2006 by Ord. No. 2006-6; 12-8-2016 by Ord. No. 2016-19]
Whenever the Fire Official shall disapprove an application or
refuse to grant a permit applied for, or when it is claimed that the
provisions of the code do not apply or that the true intent and meaning
of the code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Fire Official to the Burlington
County Construction Appeals Board in accordance with the appeals procedures
set forth in the Uniform Fire Safety Act (N.J.S.A.52:27D-192 et seq.).
[Amended 3-15-2006 by Ord. No. 2006-6]
The Township Manager, the Chief of the Fire
Department, the Chief of the Bureau of Fire Prevention and the Fire
Official shall act as a committee to determine and specify, after
giving affected persons an opportunity to be heard, any new materials,
processes or occupancies which shall require permits, in addition
to those now enumerated in said code. The Chief of the Bureau of Fire
Prevention shall post such list in a conspicuous place in his or her
office and distribute copies thereof to interested persons.
A.
The Chief of the Fire Department and Fire Official
and/or Assistant Fire Official shall investigate the cause, origin
and circumstances of every fire occurring in the municipality. Such
investigation shall be begun immediately upon the occurrence of such
fire. At the conclusion of such investigation, a written report shall
be entered in the Fire Department records as to the cause, origin
and circumstances of the said fire. If it appears such fire is of
suspicious origin, the Fire Official shall take charge immediately
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further
cooperate with the authorities in the collection of evidence and in
the prosecution of the case.
[Amended 10-20-1976 by Ord. No. 1976-18; 1-5-1977 by Ord. No. 1976-24; 3-15-2006 by Ord. No. 2006-6; 12-8-2016 by Ord. No. 2016-19]
B.
The Chief of the Fire Department shall keep in the
office of the Fire Department a record of all fires and all facts
concerning the same, including statistics as to the extent of such
fires and the damage caused thereby and whether such losses were covered
by insurance, and if so, in what amount. Such record shall be kept
weekly.
C.
The Chief of the Fire Department shall annually transmit
to the Township Manager a report which shall contain a list of all
proceedings under this article and the code adopted thereby, with
a recommendation of amendments to be made to the code.
A.
Nothing in this article shall be construed as applying
to the regular military or naval forces of the United States, the
duly authorized militia of this state or to the Police and Fire Departments
in the proper performance of their duties.
B.
Nothing in this article shall be construed as applying
to signal rockets or devices or compositions used to obtain visible
or audible pyrotechnic effects, which are covered in the Fire Prevention
Code.
[Amended 1-5-1977 by Ord. No. 1976-24; 9-20-2000 by Ord. No.
2000-11]
C.
Nothing in this article shall be construed as applying
to the laboratories of schools, colleges and similar institutions
when confined to the purpose of instruction or research, or to explosives
in the forms prescribed by the official United States Pharmacopoeia.
D.
Nothing in this article shall be construed as prohibiting
the handloading of small arms ammunition for private personal use
and not for resale. For this purpose, not more than 10 pounds of smokeless
powder and 1,000 small arms primers packed in approved Interstate
Commerce Commission (ICC) containers shall be permitted to be kept
on hand when acceptable to the police authorities.
A.
Permits required by this article and the code adopted hereby shall be obtained as provided in said code from the agency designated in § 95-42.
[Amended 1-5-1977 by Ord. No. 1976-24; 9-20-2000 by Ord. No.
2000-11]
B.
The fee charged for any fire permit required by this
article or the code adopted hereby shall be as set forth in the Uniform
Fire Code, N.J.A.C. 5:70-2.7.
[Amended 4-18-1990 by Ord. No. 1990-4; 12-8-2016 by Ord. No. 2016-19]
[Added 1-5-1977 by Ord. No. 1976-24;
amended 3-15-2006 by Ord. No. 2006-6]
The Chief of the Fire Department, Fire Official,
Assistant Fire Official or any such members of the Fire Department
that may be detailed and so designated as technical inspectors may
at all reasonable times enter any building, premises or place for
the purpose of making any inspections or investigations which, under
the provisions of this code, they may deem necessary to be made.
[Added 1-5-1977 by Ord. No. 1976-24]
Whenever necessary, for the purpose of enforcing
the provisions of this code, or whenever the Fire Official has reasonable
cause to believe that there exists in any structure or upon any premises
any conditions which make such structure, premises or adjoining property
unsafe, the Fire Official may enter such structure or premises at
all reasonable times to inspect the same or to perform any duty imposed
upon the Fire Official by this code, provided that if the structure
or premises is occupied, he or she shall first present proper credentials
and request entry. If such entry is refused, the Fire Official shall
have resource to every remedy provided by law to secure entry.
[Added 1-5-1977 by Ord. No. 1976-24]
A.
No person shall knowingly make or cause to be made
any false report or alarm or misleading call or request for any of
the services of the Fire Department of the Township of Maple Shade.
B.
Whoever knowingly gives or turns in a false alarm
of fire by any common or recognized alarm of fire is guilty of a misdemeanor
and, upon conviction thereof, shall be sentenced to pay a fine of
not less than $200 and not more than $1,000 or to undergo imprisonment
for a term not exceeding two years, or both.
C.
Whoever knowingly gives, turns in or causes to be
given or turned in a false alarm of fire by any common or recognized
alarm of fire, the result of which causes death, injury or property
damage to a person or equipment responding to such false alarm, shall
be guilty of a misdemeanor and, upon conviction thereof, shall be
sentenced to pay a fine of not less than $500 and not exceeding $2,000
or to undergo imprisonment for a term of not exceeding three years,
or both.
[Added 1-5-1977 by Ord. No. 1976-24]
A.
Where the parking of motor vehicles or other obstructions
may interfere with the ingress and egress of Fire Department vehicles
for the protection of persons and property, such as at shopping centers,
bowling lanes, theaters, hospitals, schools, nursing centers, apartments
and similar locations, such areas shall be marked as fire lanes upon
the approval of the Fire Official, Fire Chief or Chief of Police.
[Amended 9-20-2000 by Ord. No. 2000-11; 3-15-2006 by Ord. No. 2006-6]
B.
Parking of motor vehicles or otherwise obstructing
fire lanes shall be prohibited at all times.
C.
Obstructions to or on designated access openings in
exterior walls, doors or windows liable to interfere with the operations
of the Fire Department or egress of occupants in case of fire shall
be prohibited.
D.
Any unoccupied vehicle parked or standing in violation
of this article shall be deemed a nuisance and a menace to the safe
and proper regulation of traffic, and the Fire Official or Township
Police Department may provide for the removal of such vehicle. The
owner shall pay the reasonable costs of the removal and storage which
may result from such removal before regaining possession of the vehicle.
[Added 12-2-1981 by Ord. No. 1981-21; amended 3-15-2006 by Ord. No. 2006-6; 12-8-2016 by Ord. No. 2016-19]
[Added 1-5-1977 by Ord. No. 1976-24; 11-7-1984 by Ord. No.
1984-19; amended 3-15-2006 by Ord. No. 2006-6; 12-8-2016 by Ord. No. 2016-19]
It shall be the duty of the Fire Official and/or Assistant Fire
Official to inspect or cause to be inspected, and as often as such
inspections may be necessary in the judgment of said persons, all
buildings and premises, except the interior of private dwellings,
for the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire, or any violations of the provisions or intent
of any ordinance affecting the fire hazard.
[Added 1-5-1977 by Ord. No. 1976-24]
In addition to the previous restrictions of
this article, the following shall apply: There shall be no smoking
or open flames in the areas used for fueling, servicing fuel systems
for internal-combustion engines, or receiving or dispensing of flammable
or combustible liquids. Conspicuous and legible signs prohibiting
smoking shall be posted within sight of the customer being served.
The motors of all equipment being fueled shall be shut off during
the fueling operation. No-smoking signs shall be present where hazards
from flammable vapors are normally present.
[Added 1-5-1977 by Ord. No. 1976-24;
amended 3-15-2006 by Ord. No. 2006-6]
Each service station shall be provided with
at least one fire extinguisher having a minimum classification of
5B, C located so that an extinguisher will be within 75 feet of each
pump, dispenser, underground fill pipe opening and lubrication or
service room. Other fire control devices shall be provided as required
by the Fire Official.
[Added 1-5-1977 by Ord. No. 1976-24]
A.
Inside buildings. No Class 1 liquid shall be stored
within any service station building except in approved closed containers
of aggregate capacity not exceeding 120 gallons.
B.
Labeling. No sale or purchase of any Class 1, 2 or
3 liquid shall be made in containers unless such containers are clearly
marked with the name of the product therein.
C.
Dispensing. No delivery of any Class 1 liquids shall be made into
portable containers unless the container is an approved container
in accordance with the Uniform Fire Code, N.J.A.C. 5:70.
[Amended 12-8-2016 by Ord. No. 2016-19]
[Added 1-5-1977 by Ord. No. 1976-24]
Each service station open to the public shall
have an attendant or supervisor on duty whenever the station is open
for business.
[Added 1-5-1977 by Ord. No. 1976-24;
amended 9-20-2000 by Ord. No. 2000-11]
No-smoking signs of approved sized lettering
and location required shall read "BY ORDER OF THE FIRE OFFICIAL."
[Added 1-5-1977 by Ord. No. 1976-24;
amended 3-15-2006 by Ord. No. 2006-6; 10-21-2009 by Ord. No. 2009-27]
A.
No person
shall operate or use or maintain any open fire or any device commonly
known as a "barbecue" in or on any apartment unit, porch, balcony,
patio or any other private area of an apartment or multifamily dwelling
unit. The Fire Official may, upon application made, exempt any person
from provisions of this section, provided that the request is made
in writing and the Fire Official certifies that the procedures are
safe with regard to fire protection and fire prevention standards,
which standards are incorporated in the Fire Prevention Code.
C.
An approved
container used for outdoor fires shall:
(1)
Be
no more than 30 inches in diameter nor more than 24 inches in height;
(2)
Contain
an approved spark-arresting device;
(3)
Not
be a “fire pit” which for purposes of this section shall
mean an open crater or pit-like part of a larger crater where hot
coals or burning embers or fuel is present; and
(4)
Be
located no less than 25 feet from any combustible material or structure.
D.
Any open
fire shall be under the supervision of an adult the entire time the
fire is burning.
E.
A means
to quickly extinguish the fire shall be accessible at the fire location.
This may include a hose with running water supply, fire extinguisher
of ample capacity or some means to adequately smother the fire.
[Added 3-14-2013 by Ord. No. 2013-01]
A.
Any person who shall violate any of the provisions
of this article or the code hereby adopted or fail to comply therewith,
or who shall violate or fail to comply with any order made thereunder,
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the Fire Official or Assistant Fire Official or by a court of compete
jurisdiction, within the time fixed herein, shall, upon conviction,
severally for each and every such violation and noncompliance, respectively,
be subject to the penalties provided in the Uniform Fire Code, N.J.A.C.
5:70-2.12.
[Amended 10-20-1976 by Ord. No. 1976-18; 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 3-15-2006 by Ord. No. 2006-6; 12-8-2016 by Ord. No. 2016-19]
B.
The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue; and all persons
convicted of such violations shall be required to correct or remedy
such violations or defects within a reasonable time; and when not
otherwise specified, each seven days that prohibited conditions are
maintained shall constitute a separate offense.
[Amended 12-2-1981 by Ord. No. 1981-21]
C.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
