[Adopted by Ord. No. 77-10 (§§ 11-1 through 11-14 of the 1973 Code)]
There is hereby adopted by the Township Committee for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1976 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Township of Andover.
Not less than three copies of such code have been and now are filed in the office of the Township Clerk for the use and examination of the public.
[Amended 2-23-2005 by Ord. No. 2005-4; 9-12-2016 by Ord. No. 2016-11]
In connection with the provisions of this chapter and the Fire Protection Code, the following permit fees shall be charged and received by the Clerk:
The permit fees listed above shall be as provided by state regulations, presently set forth at N.J.A.C. 5:70-2.9(c) and (d), and are subject to change whenever the fees contained in those regulations are adjusted.
Whenever the term "Corporation Counsel" shall be used in the Fire Prevention Code, it shall be held to mean the Attorney for the Township.
[Amended 7-11-2011 by Ord. No. 2011-08]
The Fire Prevention Code shall be enforced by the Fire Marshal/Official of the Office of the Fire Marshall of the County of Sussex based upon the terms of a shared services agreement established pursuant to N.J.S.A. 40A:65-1 et seq. which names the County of Sussex as the local enforcing agency.
The Chief, or Fire Marshal, in charge of the Bureau of Fire Prevention shall be appointed by the Township Committee on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause upon 30 days' written notice, public hearing if requested and majority vote of the Township Committee.
The Chief of the Fire Department shall detail such members of the Fire Department as inspectors as, from time to time shall be necessary.
The Chief of the Fire Department shall recommend to the Township Committee the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to the members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause.
A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Township Committee; it shall contain all proceedings under the code, with such statistics as the Chief of the Fire Department, or Fire Marshal, decides to include therein.
The Chief of the Fire Department, or Fire Marshal, shall also recommend any amendments to the Code which, in his judgment, shall be desirable.
The Chief of the Fire Department may request and shall receive so far as may be necessary, in the discharge of his duties, the assistance and cooperation of other officials of the Township.
The limits referred to in Section 12.5b of the Fire Prevention Code, in which storage of explosives and blasting agents shall be prohibited, are hereby established as all residential and commercial zones.
The limits referred to in Section 13.3a of the Fire Prevention Code, in which manufacture and storage of fireworks shall be prohibited, are hereby established as all residential and commercial zones.
Storage of flammable liquids in aboveground tanks. The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks shall be prohibited, are hereby established as all residential zones.
Bulk plants for storage of flammable liquids. The limits referred to in Section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids shall be prohibited, are hereby established as all residential and commercial zones.
The limits referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas shall be restricted, are hereby established as all residential zones.
The routes referred to in Section 12.7o of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as follows:
The routes referred to in Section 20.14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows:
The fire lanes referred to in Section 28.16 of the Fire Prevention Code are hereby established on public or private property, devoted to public use, where the parking of motor vehicles or other obstructions can interfere with the ingress and egress of Fire Department vehicles for the protection of persons and property.
[Added 2-26-2007 by Ord. No. 2007-2]
In addition to the fire zones already established pursuant to the Fire Prevention Code, incorporated herein by reference, fire zones are to be established and maintained in front of any fire hydrant, cistern or other Fire Department connection located on both public and private property. Such zones shall extend for a distance of not less than 10 feet either side of the adjacent curb line.
[Added 2-26-2007 by Ord. No. 2007-2]
No person shall at any time park or leave unattended a motor vehicle in any area designated as a fire zone, nor shall any person, firm or corporation place or construct any structure in a designated fire zone nor place any obstruction thereon which will impair the free passage and access of fire-fighting vehicles, apparatus or firemen or impair the free use of an exit or exit discharge from any building. This shall not apply to emergency vehicles or firemen while engaged in the actual performance of official duties.
The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the intent of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
Whenever the Chief of the Bureau of Fire Prevention 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 shall be permitted to appeal from the decision of the Chief of the Bureau of Fire Prevention to the Township Committee within 30 days from the date of the decision appealed.
The Building Inspector, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention 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 such code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
Any person who shall violate any of the provisions of 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 Township Committee or by a court of competent jurisdiction, within the time fixed herein, shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not less than $25 nor more than $500 or by imprisonment for not less than 10 days nor more than 90 days, or by both such fine and imprisonment.
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.
When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.