[Adopted 11-25-1980 (Sec. 12-7 of the 1974 Code)]
[Amended 7-12-1988]
There are hereby adopted by the Borough Council
of the Borough of Bradley Beach in the County of Monmouth and the
State of New Jersey, for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion,
the Fire Prevention Building Officials and Code Administrators International,
Inc., National Fire Prevention Code and the National Fire Code of
the National Fire Protection Association, and the whole thereof together
with amendments and supplements thereto, save and except such portions
as are hereinafter deleted, modified, or amended, of which code not
less than three copies have been and are now filed in the office of
the Borough Clerk of the Borough Council, and the same are hereby
adopted and incorporated as fully as if set out at length herein,
from the date of which this article shall take effect, the provisions
thereof shall be controlling within the limits of the Borough of Bradley
Beach.
A.
The Fire Prevention Code shall be enforced by the
Bureau of Fire Prevention, which is hereby established, and said Bureau
shall be under the supervision of the Mayor and Borough Council.
B.
The Mayor and Borough Council shall appoint to the Bureau of Fire Prevention one fire prevention official. The appointment shall be the same person named as the Fire Official of the local enforcing agency of the Uniform Fire Safety Act pursuant to Article III, Uniform Fire Safety Act, § 210-23, of this chapter. In addition, the Mayor and Borough Council may appoint up to five fire prevention inspectors.
C.
The members of the Bureau shall make, or cause to
be made, such fire inspections as are necessary; complete and maintain
such records as are required of them by the Mayor and Borough Council.
D.
The Mayor and Borough Council shall from time to time
adopt such rules and regulations as shall be necessary and proper
in respect to the functioning of the Bureau of Fire Prevention.
[Amended 10-13-1981]
As used in the Fire Prevention Code adopted
by this article, the following terms shall have the meanings indicated:
The attorney of the Borough of Bradley Beach.
A residential room or space in which the ordinary functions
of domestic life are carried on, including bedrooms, living rooms,
studies, recreation rooms, kitchens, dining rooms, and other similar
spaces, but excluding closets, halls, stairways, laundry rooms, toilet
rooms and bathrooms.
The Mayor and Borough Council of the Borough of Bradley Beach.[1]
[Amended 8-11-1987]
Whenever a majority of the members of the Bureau
of Fire Prevention shall disapprove an application or refuse to grant
a permit applied for to the Construction Official and then submitted
to the Bureau for review 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 majority of the members of the
Bureau of Fire Prevention to the Borough Council of the Borough of
Bradley Beach within 30 days from the date of the decision appealed.
A.
Any person who shall violate any of the provisions of the codes 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, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be punishable by the penalty included in Chapter 1, Article II, General Penalty. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that the prohibited conditions are maintained shall constitute a separate offense.[1]
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
[Amended 10-13-1981; 8-11-1987; 1-28-1992]
A.
Lighting and electrical service.[1]
(1)
Every habitable room shall have at least one window
or skylight facing directly to the outdoors. The minimum total window
or skylight area measured between stops for every habitable room shall
be 8% of the floor area of such room. Whenever walls or other portions
of structures face a window of any habitable room and are located
less than three feet from the window and extend to a level above that
of the ceiling of the room, such a window shall not be included in
calculating the required minimum total window area.
(2)
Every habitable room shall contain sufficient wall-type
electric outlets and lamps or light fixture to enable occupants to
use the room for its intended function. Every such outlet and lamp
shall be maintained in good and safe condition, and shall be connected
to the source of electric power. No temporary wiring shall be used
except extension cords which run directly from portable electrical
fixtures to convenience outlets, and which do not lie under rugs or
other floor coverings, nor extend through doorways, transoms, or other
openings through structural elements.
(3)
Every portion of each staircase, hall, cellar, basement,
landing, furnace room, utility room, and all similar nonhabitable
space shall have either natural or artificial light available at all
times, with an illumination of at least two lumens per square foot
(two footcandles) in the darkest portions.
(4)
Every portion of any interior or exterior passageway
or staircase shall be illuminated naturally or artificially at all
times with an illumination of at least two lumens per square foot
(two footcandles) in the darkest portion of the normally traveled
stairs and passageways.
B.
Electrical service requirements are as follows:
(1)
There shall be maintained in good operational condition
in every rooming house, guest house, hotel, multiple dwelling and
motel electrical service which shall comply with the electrical requirements
in NFPA-70 in effect at the time the structure first became a multiple
dwelling or hotel.
(2)
For existing rooming houses, guest houses, hotels,
multiple dwellings and motels, there shall be provided and hereafter
properly maintained as required by the National Electrical Code:
(a)
Over-current protection devices for the electrical
system on the premises;
(b)
Wiring and connections conforming with the National
Electrical Code;
(c)
Under no circumstances shall the capacity of
over-current protection devices exceed the rated capacity of all connected
wiring as determined by the National Electrical Code.
(3)
No extension lines not sized and protected in accordance
with the requirements of the National Electrical Code shall be utilized.
(4)
There shall be available in each habitable room sufficient
electrical outlets to enable occupants to utilize the room for the
function for which it is designed without the use of loose cords or
extension lines prohibited in Subsection C(3) above of this section.
(5)
The electrical system over-current protection devices
and all other parts thereof shall be provided with preventive maintenance
and inspections by persons qualified to provide the same.
C.
Egress requirements.
(1)
Every habitable room shall have a safe and unobstructed
means of egress usable by its occupant or any intended occupant. Such
means of egress shall not be through any other rooming unit and shall
lead to a safe and open space at ground level accessible to a street.
For purposes of this section, egress shall not be through any area
that does not allow for unrestricted passage.
(2)
There shall be not fewer than two independent means
of egress remote from each other from every floor of a building having
habitable dwelling units above the second floor or housing six or
more residents and having habitable dwelling units above the second
floor.
D.
Fire detection equipment. Smoke detectors shall be
installed in all rooming houses, guest houses, hotels, multiple dwellings
and motels and shall be Underwriters Laboratory, Inc. (UL), Factory
Mutual Research Corporation (FM) or other recognized testing agency
listed ionization or photoelectric type units. Smoke detectors installed
in areas other than sleeping rooms shall sound one or more alarms
audible throughout the building at a minimum sound intensity of 85dbA.
(1)
Single station units shall be provided as follows:
(a)
All units shall have the following features:
integral alarms capable of emitting a minimum sound intensity of 85dbA
at a ten-foot distance, an easily seen and activated manual test button,
and a power source monitor light or trouble signal. All units shall
be installed and maintained as per manufacturers' recommendations,
shall comply with the latest NFPA No. 72E and No. 74 and UL 217 standards
and shall be cleaned by the owner or agent at least twice a year.
(b)
Each unit shall be listed on a central smoke
detection test list on which the owner or agent enters all dates of
inspection and cleaning. All such entries shall be initialed by the
owner or agent.
(c)
Every owner or agent shall test all detector
units monthly.
(d)
Every rooming house, guest house, hotel, multiple
dwelling, and motel shall have smoke detectors installed at locations
as follows:
[1]
Each sleeping room, living room and designated
smoking area shall have a minimum of one approved single-station smoke
detector located therein.
[2]
An approved smoke detector shall be located
at the highest ceiling area in each stairwell.
[3]
Basements and cellars shall have a minimum of
one approved smoke detector located in the highest ceiling area or
at the ceiling of the first floor stair landing or other approved
location where the earliest detection of fire would activate the alarm.
(2)
The following requirements shall apply to detection
systems:
(a)
All rooming houses, guest houses, hotels, multiple
dwellings and motels occupied or intended to be occupied by six or
more occupants which do not comply fully with the minimum life safety
requirements of the Uniform Construction Code shall be required to
have an approved early warning smoke detection system in all areas
other than sleeping rooms and units of dwelling space. Detection systems
shall be powered by a concealed, hard wired, constantly active electric
circuit which cannot be deactivated by the operation of any interconnected
switching device and shall be connected to a central alarm system.
All detectors shall be interconnected so that the activation of any
one detector alarm will also simultaneously activate the individual
alarms of all other detection units in the system. All detection units,
wiring and systems installations shall conform to the latest UL 217,
NFPA No. 72E and No. 74 standards.
[1]
All stairways shall have detectors installed
at either ceiling of the stair landing or highest point of the sloped
staircase soffit at each floor level.
[2]
Basements, cellars, crawl space, or accessible
underfloor spaces of buildings without basements, which lack a minimum
one-hour fire-rated smooth ceiling surface, shall have approved smoke
detectors installed at a spacing not to exceed 625 square feet of
floor space coverage per detector, unless the unit is listed for a
larger spacing. One of such detectors shall be located at the ceiling
of the first floor stair landing or other approved location where
the earliest detection of fire would activate the alarm. Maximum spacing
shall conform to UL/FM listings for "1/2 S" distances of individual
manufacturing units. The "1/2 S" distance spacing in open joist
ceilings perpendicular to the joists shall be one-half of that listed.
Detectors shall be installed on the bottom surface of the joist. Compartmentalized
and partially enclosed areas shall have additional detectors as required
to afford complete protection of total basement/cellar area conforming
to above criteria.
[3]
Basements, cellars, crawl spaces, or accessible
underfloor spaces of buildings without basements, which have an existing
approved minimum one-hour fire-rated ceiling assembly, shall have
a minimum of one approved smoke detector per 2,500 square feet of
area, one such detector to be located at the ceiling of the first
floor stair landing or other approved location where the earliest
detection of fire would activate the alarm. Additional detectors shall
be required in ceiling areas that are enclosed or separated by a dropped
girder or similar type projection to afford complete protection.
[4]
Detectors shall be installed in all areas where
required. This shall include all rooms, halls, storage areas, basements,
attics, lofts, spaces above suspended ceilings, and other subdivisions
and accessible spaces, and inside all closets, elevator shafts, enclosed
stairways, dumbwaiter shafts and chutes. Inaccessible areas which
contain combustible material shall be made accessible and protected
by detector(s).
[5]
Hallways at least 20 feet long leading to a
means of egress shall have a minimum of one approved smoke detector
installed within every 40 linear feet or fraction thereof.
[6]
Approved heat detectors shall be installed in
lieu of detectors in all heating equipment rooms, furnace areas, elevator
machine rooms, laundry rooms and other similar type areas and shall
be connected to the alarms throughout the building.
(b)
Buildings constructed in conformity with the
Uniform Construction Code shall contain all protective equipment and
assemblies required by the Uniform Construction Code, including at
least one approved smoke detector in close proximity to all sleeping
areas and at least one approved smoke detector located at the highest
ceiling area of the cellar or basement or at the ceiling of the first
floor stair landing or other approved location where the earliest
detection of fire would activate the alarm. Such protective equipment
and assemblies shall be properly maintained and kept in good repair.
(c)
With the approval of the Bureau, heat detectors
may be substituted for smoke detectors in certain required locations.
E.
Fire partitions and doors.
(1)
No entrance door to a rooming unit shall consist either
in whole or in part of glass, of louvers, or of wood panels having
a thickness of less than one-half inch and not having sheet steel
of not less than 28 gauge securely attached on the inside of such
door with bolts or screws and covering the entire area of such wood
panels.
(2)
In every rooming house, guest house, hotel, multiple
dwelling and motel, every interior sash or opening, other than a door
in the walls or partitions of any such corridor, and every window
in any such corridor not opening to the outer air shall be removed
and the openings closed up and fire retarded.
F.
Manual fire alarms. All rooming houses, guest houses,
hotels, multiple dwellings and motels occupied or intended for occupancy
by 10 or more occupants shall be equipped with an approved uncoded
closed circuit, electrically supervised fire alarm signal consisting
of manually operated sending stations and audible signaling devices,
so arranged that the operation of any station will automatically sound
continuously the signaling devices throughout all portions of the
building. At least one sending station shall be located in each story
in an accessible position in a natural path of escape or exitway,
except that all stations shall be located so that no point on any
floor of the building is more than 100 feet distant from a station.
G.
Exit signs.
(1)
In every rooming house, guest house, hotel, multiple
dwelling and motel occupied or intended to be occupied by six or more
occupants, the location of every exit on every floor, except for floors
having three or fewer rooming units, shall be clearly indicated by
exit signs, which shall be located at all exitway doors and exitway
access areas, shall be readily visible and shall have red letters
at least six inches high, each stroke having a minimum width of 3/4
inch on a white background or in other approved distinguishable color.
(2)
Exit signs shall be placed at an appropriate angle
with the exit opening, if such placement is required, for the signs
to serve their purpose.
(3)
In long corridors, in open areas, and in all other
situations where the location of the exit may not be readily visible
or understood, directional signs shall be provided to serve as guides
from all portions of the corridors or floors. If an arrow is provided
as part of an exit sign, the construction shall be such that the arrow
direction cannot be readily changed.
H.
Fire hazards.
(1)
Every rooming house, guest house, hotel, and motel
shall have rules prohibiting use of stoves, hot plates or other heating
equipment in rooming units, which rules shall be accepted in writing
by every resident as a condition of occupancy.
(2)
Every owner or agent shall enforce the rules required
by the above Subsection I(1) and shall promptly give written notice
to cease in the event of violation and take necessary action to evict
the occupant in the event of continued violation.
(3)
Any condition which creates a significant and recognizable
danger or risk of loss of life or property as a result of fire shall
be promptly corrected.
(4)
Any matter or requirement essential for the fire safety
of a rooming house, guest house, hotel, multiple dwelling and motel
which is not covered by the provisions of these regulations shall
be the subject of determination by the Bureau in specific cases.
A.
FALSE ALARM
FIRE ALARM SYSTEM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any fire alarm causing notification to the municipal, police,
fire or Fire Prevention Bureau through an alarm panel, switch board
or alarm lines or local alarm in a case where no fire exists.
A system containing automatic detecting device(s) which actuate
an alarm signal, requiring a response by fire suppression forces.
It includes protective signaling systems or devices designed to transmit
alarms and supervisory and trouble signals necessary for the protection
of life and property.
B.
False alarms.
(1)
In the case of a false alarm, the local Fire Official
shall investigate or cause to be investigated and keep a record of
said alarm on file. If an investigation discloses that the false alarm
was due to misuse, accident, improper supervision, or equipment malfunction
and was not due to an unpreventable, unavoidable outside cause, the
Fire Official shall provide notice and order corrective action or
that the alarm system be disconnected for a specified period of time.
(2)
The Fire Official shall serve on the owner of the
building a written order stating the nature of the violations and
the date by which the violations must be corrected.
C.
Penalties.
(1)
Any person who, after receiving notice of the malfunction
of the alarm system, and an order and an opportunity to correct refuses
or neglects to comply shall be subject to a penalty as set forth below
in addition to any other penalties issued under state law or regulation
for improper installation or maintenance:
(a)
For the first false alarm following notification:
a penalty not to exceed $50.
(b)
For the second false alarm: a penalty of at
least $75 but not to exceed $150.
(c)
For the third false alarm: a penalty of at least
$170 but not to exceed $250.
(d)
For the fourth and subsequent false alarms:
a penalty of at least $300 but not to exceed $500 and/or disconnection
of the system or imprisonment not to exceed five days.
(2)
All penalties should be made payable to the Borough
of Bradley Beach Bureau of Fire Prevention.
[Amended 10-13-1981]
A.
No occupant shall occupy or permit the occupancy of
any unit of dwelling space in violation of the occupancy standards
established under Subchapter 19, Section 8, of the Regulations for
Maintenance of Hotels and Multiple Dwellings. No occupant shall cook
in any unit of dwelling space except where all the required cooking
facilities are installed as required under Subchapter 19, Section
7, of the Regulations for the Maintenance of Hotels and Multiple Dwellings.
No occupant shall occupy or continue to occupy a unit of dwelling
space that does not have provision for bathroom and toilet room facilities
as required under Subchapter 19, Section 7, of the Regulations for
Maintenance of Hotels and Multiple Dwellings.
B.
No occupant shall utilize any area outside of his
dwelling space for storage purposes except where so designated for
such use in accordance with these regulations. Combustible materials
shall either be stored in a fire-resistant compartment with a one-hour
fire rating or stored or packed in containers in such a manner as
to eliminate such material as a fire hazard.
[Amended 10-13-1981]
A.
Dumbwaiters, where existing, shall be kept operable
and available as part of the garbage disposal system which would be
rendered more serviceable by their use. Dumbwaiters, where existing,
shall be equipped with a self-closing door with such fire rating conforming
to the following requirements:
(1)
Dumbwaiters. Shaft enclosure of dumbwaiters having
a car area of less than nine square feet, which travel through more
than one story and serve two or more adjacent floors, shall be enclosed
with construction of two-hour fire resistance.
(2)
Special dumbwaiters. Shaft enclosures of dumbwaiters
not more than three square feet in area, having a load capacity of
not more than 25 pounds per square foot, serving not more than two
adjacent floors, shall be constructed of approved noncombustible materials
without fire resistance rating.
(3)
Every existing device shall be maintained and inspected
to the requirements specified in ANSI A17.1.
B.
Elevator service and emergency signs shall be as follows:
(1)
Emergency signs. A pictograph sign, of a standardized
type approved by the Fire Official, shall be posted over each elevator
call station on all floors, indicating that in case of fire occupants
shall not use elevators and that stairways are the approved method
of exit.
(2)
All elevators shall be so maintained as to meet the
standards established and set forth in ANSI A17.1. The elevator doors,
flooring, safety devices and operating mechanisms shall be maintained
in good working order and free of hazards.
(3)
All elevators and elevator equipment and accessory
devices shall be provided with preventative maintenance and inspections
as required by ANSI A17.1.
(4)
Elevator service shall not be suspended except where
unavoidable or where necessary to provide servicing or repairs and
then only for the minimum period of time necessary to effectuate such
servicing or repairs. Where the owner has knowledge in advance of
such suspension, he shall post a notice of the same advising all occupants
of the time and duration of any such suspension and the reason therefor.
(5)
Retroactive provisions.
(a)
Emergency interlock release switch. Emergency
interlock release switches in elevator cars, where provided, shall
be of the key-operated, continuous-pressure type, and all other types
not in use shall be removed or replaced with approved key-operated,
continuous-pressure type switches.
(b)
Machines, belt and chain driven. Single-belted
and chain-driven machines shall be permitted only on freight elevators
and only when equipped with electrically released, spring-applied
brakes and with terminal stopping devices as are required in ANSI
A17.1.
(c)
Machines, drum-winding. Drum-winding machines
shall be equipped with electrical machines limits as set forth in
ANSI A17.1.
(d)
Car gate switches, addition, replacement or
relocation of. Car gate electric contacts where such devices are not
provided or are found to be tied or blocked so as to render them inoperative
shall be added, replaced or relocated as required by the Bureau. Installation
or replacement of car gate electric contacts shall conform to the
requirements of ANSI A17.1.
[Amended 10-13-1981]
A.
Any storage area available to or used by occupants
in common areas shall be separated from all parts of the building
used for dwelling purposes by fire-resistant partitions, walls, ceiling
or barriers having a fire resistance rating not less than one hour.
Each space within the area shall be separately designated for each
unit of dwelling space and a list identifying each such space retained
by the person in charge of the premises, or if the space is used in
common by occupants of more than one unit of dwelling space, then
all items so stored shall bear the identification of the occupant
storing the said item or items. The owner shall not permit unmarked
items to be stored in a common storage area and shall have a procedure
for notifying each tenant, in writing, before removal and disposal
of same. Materials stored in such areas shall be secured against becoming
sources of infestation and shall be protected against fire hazards
caused by ignition from electrical or heating devices or equipment
of similar possible sources of fire.
B.
Common areas available for or utilized for storage
purposes and public garages shall contain one sign at least one-quarter
foot in area, clearly legible and prominently displayed at or near
the entrance to the space, prohibiting smoking in the area.
[Amended 10-13-1981; 12-31-1984; 7-12-1988; 1-28-1992; 2-8-2005 by Ord. No. 2005-2; 2-22-2011 by Ord. No.
2011-3]
In addition to fees that are required pursuant to the Uniform
Fire Safety Act and the regulations promulgated thereunder, the following
additional annual registration fees shall be applicable to all premises,
except life-hazard uses as defined by the New Jersey Uniform Fire
Code, and shall be subject to the following conditions. All registration
fees shall be billed annually unless otherwise specified. All fees
shall be paid within 30 days of the billing date. Fees and conditions
for annual inspection and reinspection are as follows:
A.
Fire inspection minimum fee: $55, unless otherwise specified herein.
B.
Residential dwellings (excepting owner-occupied one- and two-family
dwellings):
D.
Assembly use of 1,000 square feet of gross floor area or less: $55.
E.
Business use of 1,000 square feet of gross floor area or less: $55.
F.
(Reserved)
G.
Mercantile use of 1,000 square feet of gross floor area or less:
$55.
H.
Storage use of 1,000 square feet of gross floor area or less: $55.
I.
(Reserved)
J.
(Reserved)
K.
(Reserved)
L.
Fire investigation reports: $20.
M.
Institutional use of 1,000 square feet of gross floor area or less:
$55.
N.
Common areas, in reference to shopping centers, strip malls, office
buildings, office complexes, and other commercial complexes that share
common area, including but not limited to corridors, atriums, stairwells,
fire protection systems, fire lanes and parking lots: $50.
O.
The fee for photographs shall be $5 per photograph.
P.
Certificate of fire code status: $60.
Q.
Fire code variance application: $100.
R.
An additional fee for late registration shall be a charge in the
amount of $5 if the registration is more than 15 days delinquent and
an additional $5 shall be charged for each additional 15 days, or
fraction thereof, thereafter.
S.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as business uses.
T.
Uses required to register with the state as life-hazard uses shall
not be required to register under this section with the exception
that all common areas and secondary uses associated with or existing
in conjecture with said life-hazard use shall so comply.
U.
In the discretion of the Borough Fire Marshal, vacant buildings will
be charged and inspected according to the previous use of the building.
