[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.[1]
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]
A.
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:
|
Fire Permit Type
|
Application Fee
| |
|---|---|---|
|
Type 1
|
$42
| |
|
Type 2
|
$166
| |
|
Type 3
|
$331
| |
|
Type 4
|
$497
|
|
CSDCMAC
|
Inspection Fee
| |
|---|---|---|
|
Inspection requested more than 10 business days
prior to change of occupant.
|
$35
| |
|
Inspection requested 4 to 10 business days prior
to change of occupant.
|
$70
| |
|
Inspection requested fewer than 4 business days
prior to change of occupant.
|
$125
| |
|
Reinspection fee
|
$50
|
B.
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.
A.
The Chief of the Fire Department shall detail such
members of the Fire Department as inspectors as, from time to time
shall be necessary.
B.
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.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
When not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense.
D.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
