This article shall be known as "The Fire Prevention Code of Burlington Township."
[Adopted 12-11-1990; amended 12-27-1995; 12-23-2002 (Sec. 6:5 of the 1975 General Ordinances)]
The New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., and all amendments and supplements thereto, is hereby adopted by the Township for the purpose of establishing a system for the enforcement of minimum firesafety standards throughout the Township, as mandated by the State of New Jersey, so as to improve the safety of the public by promoting the control of fire hazards. The standards, rules and regulations set forth in the code shall be and the same are hereby incorporated in this chapter, three copies of which have been and are now on file in the office of the Township Clerk.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), this article shall be enforced by the Commissioners of Fire District No. 1 of the Township of Burlington, County of Burlington and State of New Jersey (hereinafter known as "Commissioners") through the Bureau of Fire Prevention. The Bureau of Fire Prevention shall enforce the Uniform Fire Code and regulations adopted under it in all buildings, structures and premises within the Township of Burlington, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Code. In addition, the Bureau of Fire Prevention shall be charged with duties of enforcement of such other ordinances and rules and regulations that pertain to fire prevention and control. The Bureau of Fire Prevention shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. Said Bureau shall be under the supervision and control of the Fire Official, who shall report to the Commissioners of Fire District No. 1. Such funds as may be necessary to support the operation of the Bureau shall be raised by the Commissioners in the manner prescribed by law. Pursuant to the Uniform Fire Code, the Bureau shall be operated by a Fire Official having the minimum qualifications and certifications set forth under the Uniform Fire Code. The salary of the Fire Official, Fire Inspectors and other personnel employed by the Bureau shall be, to the extent permitted by law, established by the Commissioners. The annual budget for the operation of the Bureau of Fire Prevention shall be established by the Commissioners. The Commissioners shall have the authority to appoint, promote and terminate personnel within the Bureau, subject to N.J.S.A. 11A:1 et seq.,[1] and N.J.S.A. 40A:14-81.1.
[1]
Editor's Note: See N.J.S.A. 11A:1-1 et seq.
[Amended 9-26-2006 by Ord. No. 06-OR-031]
The Division of Fire Safety and the Department of Community Affairs of the State of New Jersey is hereby designated as the agency for the collection of the annual registration fees associated with life-hazard uses as set forth in the New Jersey Uniform Fire Code. The annual registration fee for life-hazard uses shall be established in the Uniform Fire Code. All the fees, permits and penalties assessed pursuant to this article and/or the Uniform Fire Code shall be collected by the Burlington Township Bureau of Fire Prevention.
[Amended 9-12-2023 by Ord. No. 2023-OR-031; 2-27-2024 by Ord. No. 2024-OR-005]
Penalties for violations of the Uniform Fire Code shall be as set forth in N.J.A.C. 5:70-2.12 and shall be assessed in accordance with the procedures set forth therein against any person or persons, firm, partnership, limited liability company, or corporation violating any of the provisions of this article.
A.
In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act and the regulations of the State of New Jersey, Department of Community Affairs, the following firesafety inspections, permits and fees shall be required, none of which will apply to fees or inspections of life-hazard uses as governed by the Uniform Fire Safety Act, unless such uses are to be inspected more frequently than required by the Act.
B.
The following buildings, uses and premises contained in this section constitute firesafety uses other than life-hazard uses, which are subject to registration and periodic inspection requirements established by the article. Where two or more firesafety uses exist at the same building or premises, each one shall be considered as separate and distinct for the purposes of the Code and shall be registered pursuant to the provisions of this article.
(1)
Enumeration of uses.
(a)
Firesafety Use Group A, Assembly.
[1]
Generally. All buildings and structures, or parts thereof, shall be classified in Use Group A which are used or designed for places of assembly as defined in this article.
[a]
Firesafety Use Group A-1 structures: (Reserved).
[b]
Firesafety Use Group A-2 structures: (Reserved).
[c]
Firesafety Use Group A-3 structures: This use group shall include all buildings in which persons assemble, such as libraries and restaurants, other than life-hazard uses.
[d]
Firesafety Use Group A-4 structures: This use group shall include all buildings used as churches and for similar religious purposes.
(b)
Firesafety Use Group B, Business.
[1]
Generally. All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group B which are used for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities for use incidental to office uses or sample purposes.
[a]
Firesafety Use Group B-1A: This use group shall include all business establishments having a gross floor area of less than 250 square feet.
[b]
Firesafety Use Group B-1B: This use group shall include all business establishments having a gross floor area of 250 square feet or more, but less than 3,400 square feet.
[c]
Firesafety Use Group B-2: This use group shall include all business establishments having a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
[d]
Firesafety Use Group B-2A: This use group shall include all business establishments having a gross floor area of 12,000 square feet or more, but less than 24,000 square feet.
[e]
Firesafety Use Group B-2B: This use group shall include all business establishments having a gross floor area of 24,000 square feet or more, but less than 48,000 square feet.
[f]
Firesafety Use Group B-2C: This use group shall include all business establishments having a gross floor area of 48,000 square feet or more.
[g]
Firesafety Use Group B-3: multiple business occupancy. This use group shall include all buildings and structures, or parts thereof, which are used for the purposes that meet the requirements of Use Group B and which comprise a multiplicity of rooms, suites or areas to accommodate multiple business occupancies, not to exceed 30 in number, which are rented from a common owner. The building owner, who shall control access to all areas, shall provide basic services as are needed for the tenants to conduct their businesses, at their option. These services may include, but are not limited to, clerical, phone answering and message taking, photocopying and reproduction, mail services, security and secretarial and stenographers.
[2]
List of business uses. The uses listed in Table B are indicative of but not exclusive of and shall be classified as Firesafety Use Group B.
Table B Typical Firesafety Use Group B, Business Uses | |
|---|---|
Animal hospitals, kennels, pounds | |
Automobile and other motor vehicle showrooms | |
Banks, barbershops | |
Beauty shops | |
Car wash | |
Civic administration | |
Clinic, outpatient | |
Dry cleaning, pickup and delivery stations | |
Electronic data processing | |
Emergency service buildings | |
Fire stations | |
Florists and plant nurseries | |
Laboratories: testing, research and medical | |
Laundries: pickup and delivery stations and self-service | |
Police stations | |
Print shops | |
Professional services attorney | |
Dentist, physician, engineer, etc. | |
Radio and television stations | |
Telephone exchanges |
(c)
Firesafety Use Group E, Educational: (Reserved).
(d)
Firesafety Use Group F, Factory and Industrial. Generally: All buildings and structures, or parts thereof, in which occupants are engaged in performing work or labor in the fabricating, assembling and processing of products or materials shall be classified in Firesafety Use Group F, including, among others, factories, assembling plants, industrial laboratories and all other industrial and manufacturing uses, except those of Firesafety Use Group H involving highly combustible, flammable or explosive products and materials.
[1]
Firesafety Use Group F-1 structures: Factory and industrial uses which are not otherwise classified as Low-Hazard Firesafety Group F-2, et al. shall be classified as Moderate-Hazard Factory and Industrial Firesafety Use Group F-1. The manufacturing processes listed in Table F.1 shall be indicative of but not exclusive of and shall be included in Firesafety Use Group F-1 and further categorized as set forth in this section.
[a]
Firesafety Use Group F-1A: Firesafety Use Group F-1 structures with a gross floor area of less than 3,500 square feet.
[b]
Firesafety Use Group F-1B: Firesafety Use Group F-1 structures with a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
[c]
Firesafety Use Group F-1C: (Reserved).
[d]
Firesafety Use Group F-1D: (Reserved).
[e]
Firesafety Use Group F-1E: (Reserved).
Table F.1 Firesafety Use Group F-1, Moderate-Hazard Factory and Industrial Uses [Amended 4-28-2015 by Ord. No. 15-OR-009] | |
|---|---|
Aircraft | |
Appliances | |
Athletic equipment | |
Automobiles and other motor vehicles | |
Bakeries | |
Beverage, alcoholic | |
Bicycles | |
Boatbuilding | |
Boilerworks | |
Brooms or brushes | |
Business machines, including repair and rebuilding | |
Cameras and photo equipment | |
Canneries, including food products | |
Clothing | |
Condensed and powdered milk manufacturer | |
Construction and agricultural machinery | |
Disinfectants | |
Electric light plants, power houses and solar panel arrays | |
Electrolytic reducing works | |
Electronics | |
Engines, including rebuilding | |
Film, photographic | |
Food processing | |
Furniture | |
Hemp and jute products | |
Laundries and tanneries, excluding enameling or japanning | |
Machinery | |
Millwork and woodworking, wood distillation | |
Motion picture and television filming | |
Musical instruments | |
Optical goods | |
Paper mills or products | |
Printing or publishing | |
Recreational vehicles | |
Refuse incinerators | |
Shoes | |
Soaps and detergents | |
Sugar refineries | |
Textile mills, including canvas, cotton, cloth bagging, burlap, carpets and rags | |
Tobacco | |
Trailers | |
Upholstery and manufacturing shops |
[2]
Firesafety Use Group F-2: Factory and industrial uses which involve the fabrication or manufacturing of noncombustible materials which during finishing, packaging or processing do not involve a significant fire hazard shall be classified as Firesafety Use Group F-2. The manufacturing process listed in Table F.2 shall be indicative of but not exclusive of and shall be included in Firesafety Use Group F-2 and shall be categorized by size and set forth in this section.
[a]
Firesafety Use Group F-2A: all structures of Firesafety Use Group F-2 which have a gross floor area of less than 3,500 square feet.
[b]
Firesafety Use Group F-2B: all structures of Firesafety Use Group F-2 which have a gross floor area of 3,500 square feet or more, but less than 12,000 square feet of gross floor area.
[c]
Firesafety Use Group F-2C: (Reserved).
[d]
Firesafety Use Group F-2D: (Reserved).
[e]
Firesafety Use Group F-2E: (Reserved).
Table F.2 Firesafety Use Group F-2, Low-Hazard, Factory and Industrial Uses | |
|---|---|
Beverage, nonalcoholic | |
Brick and masonry | |
Ceramics products | |
Foundries | |
Glass products | |
Gypsum | |
Ice | |
Metal fabrication and assembly | |
Water pumping plant |
(e)
Firesafety Use Group H, High Hazard. Generally: All buildings and structures or parts thereof shall be classified in Firesafety Use Group H which are used for the manufacturing, processing, generation or storage of corrosive, highly toxic materials or poisonous gas that may constitute a high fire or explosion hazard, including loose combustible fibers, dust and unstable materials.
(f)
Firesafety Use Group I, Institutional. Generally: All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group I in which people suffering from physical limitations because of health or age are harbored for medical or other care or treatment.
[1]
Firesafety Use Group I-1: This group shall include buildings housing individuals who, because of age, mental instability or other reasons, must live in a supervised environment but who are physically capable of responding to an emergency situation without personal assistance. Included in this group are uses such as facilities for children, aged persons, mentally impaired and convalescents, including convalescent facilities, group homes, mentally retarded care facilities, nursing homes (ambulatory), orphanages and residential care facilities which are not classified as life-hazard uses under the Uniform Fire Code.
(g)
Firesafety Use Group M, Mercantile. Generally: All buildings and structures or parts thereof shall be classified in Firesafety Use Group M which are used for display and sales purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public, including among others retail stores, shops and salesrooms and markets. Highly combustible goods shall be limited to small quantities that do not constitute a high hazard.
[1]
Firesafety Use Group M-1A: This use group shall include mercantile establishments having a gross floor area of less than 250 square feet.
[2]
Firesafety Use Group M-1B: This use group shall include mercantile establishments having a gross floor area of 250 square feet or more, but less than 3,500 square feet.
[3]
Firesafety Use Group M-2: This use group shall include mercantile establishments having a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
(h)
Firesafety Use Group R, Residential.
[1]
Generally. All buildings and structures or parts thereof shall be classified in Firesafety Use Group R in which families or households live, or in which sleeping accommodations are provided for individuals with or without dining facilities, excluding those that are classified as institutional buildings.
[a]
Firesafety Use Group R-1 structures: (Reserved).
[b]
Firesafety Use Group R-2 structures: This use group shall include all multiple-family dwellings having two or three dwelling units, except for two-family dwellings in which one is occupied by the holder of the title to the property.
[c]
Firesafety Use Group R-2A structures: This use group shall include all multiple-family dwellings having four or more dwelling units, but less than 12 units.
[d]
Firesafety Use Group R-2B structures: This use group shall include all multiple-family dwellings having 12 or more dwelling units but less than 22 units.
[e]
Firesafety Use Group R-2C structures: This use group shall include all multiple-family dwellings having 22 or more dwelling units.
(i)
Firesafety Use S, Storage. Generally: All buildings and structures, or parts thereof, shall be classified in Firesafety Use Group S which are used primarily for the storage of goods, wares or merchandise, except those of Use Group H that involve highly toxic materials or poisonous gases, including, among others, warehouses, storehouses and freight depots.
[1]
Firesafety Use Group S-1: Buildings used for storage of moderately hazardous contents which are likely to burn with moderate rapidity, but which do not produce poisonous gases, fumes or explosions, including, among others, but not limited to, the materials listed in Table S.1, shall be further categorized as set forth in this section.
[a]
Firesafety Use Group S-1A: structures of Firesafety Use Group S-1 with a gross floor area of less than 3,500 square feet.
[b]
Firesafety Use Group S-1B: structures of Firesafety Use Group S-1 with a gross floor area of 3,500 square feet or more, but less than 12,000 square feet.
[c]
Firesafety Use Group S-1C: (Reserved).
[d]
Firesafety Use Group S-1D: (Reserved).
[e]
Firesafety Use Group S-1E: (Reserved).
Table S.1 Firesafety Use Group S-1, Storage Uses, Moderate Hazard | |
|---|---|
Bags, cloth, burlap and paper | |
Bamboo and rattan | |
Baskets | |
Belting, canvas and leather | |
Books and paper in rolls or packs | |
Boots and shoes | |
Buttons, including cloth-covered, pearl or bone | |
Cardboard and cardboard boxes | |
Clothing, woolen wearing apparel | |
Cordage | |
Furniture | |
Furs | |
Glue, mucilage, paste and size | |
Horn and combs, other than celluloid | |
Leather enameling or japanning | |
Linoleum | |
Livestock shelters | |
Petroleum warehouses for storage of lubricating oils with flash point 200° F. (93.33° C.) or higher | |
Photo engraving | |
Public parking garages and stables | |
Silk | |
Soap | |
Sugar | |
Tobacco, cigars, snuff and cigarettes | |
Upholstering and mattress manufacturing | |
Wax candles |
[2]
Firesafety Use Group S-2: Low-hazard uses shall include buildings used for the storage of noncombustible materials and of low-hazard wares that do not ordinarily burn rapidly, such as products on wood pallets or in paper cartons without significant amounts of combustible wrappings. Such products may have a negligible amount of plastic trim, such as knobs, handles or film wrapping. Such uses shall be classified as Fire Safety Use S-2, including, among others, but not exclusive of the materials listed in Table S.2 and shall be further categorized as set forth in this section.
[a]
Firesafety Use Group S-2A: structures of Firesafety Use Group S-2 whose gross floor area is less than 3,500 square feet.
[b]
Firesafety Use Group S-2B: structures of Firesafety Use Group S-2 whose gross floor area is 3,500 square feet or more, but less than 12,000 square feet.
[c]
Firesafety Use Group S-2C: (Reserved).
[d]
Firesafety Use Group S-2D: (Reserved).
[e]
Firesafety Use Group S-2E: (Reserved).
Table S.2 Firesafety Use Group S-2, Storage Uses, Low Hazard | |
|---|---|
Asbestos | |
Beer or wine up to 12% alcohol in metal | |
Cement in bags | |
Chalks and crayons | |
Dairy products in non-wax-coated paper containers | |
Dry cell batteries | |
Electrical coils | |
Electrical motors | |
Food products | |
Foods in noncombustible containers | |
Fresh fruits and vegetables in nonplastic trays or containers | |
Frozen foods | |
Glass | |
Glass bottles, empty or filled, with noncombustible liquids | |
Glass or ceramic containers | |
Gypsum board | |
Inert pigments | |
Ivory | |
Meats | |
Metal cabinets | |
Metal desks with plastic tops and trim | |
Metal parts | |
Metals | |
Mirrors | |
New empty cans | |
Oil-filled and other types of distribution transformers | |
Porcelain and pottery | |
Stoves | |
Talc and soapstone | |
Washers and dryers |
(j)
Firesafety Use Group U, Utility and Miscellaneous Uses. Buildings and structures of an accessory character and miscellaneous structures not classified in any specific use group shall be equipped and maintained to meet the requirements of the code commensurate with the fire and life hazard incidental to their use. Utility and miscellaneous uses shall include tanks, cooling towers, sheds and agricultural buildings.
(k)
Firesafety Use Group V, Vacant Buildings. All structures or portions thereof vacant or unoccupied for a period of 90 days and not under active renovation, modification or construction shall be classified as Firesafety Use V.
(l)
Doubtful firesafety use classifications: When a building or structure is not specifically provided for in this article or the classification of which is doubtful, such building or structure shall be included in the firesafety use group which it most nearly resembles in respect to the existing life and fire hazard, and it shall be so classified by the Fire Official.
(2)
Permits pursuant to N.J.A.C. 5:70-2.9(c).
[Amended 11-8-2007 by Ord. No. 07-OR-030; 4-28-2015 by Ord. No. 15-OR-009; 9-12-2023 by Ord. No. 2023-OR-031]
[Amended 11-8-2007 by Ord. No. 07-OR-030; 4-28-2015 by Ord. No. 15-OR-009; 9-12-2023 by Ord. No. 2023-OR-031]
All firesafety uses shall be inspected in accordance with Schedule A for compliance with the provisions of the Uniform Fire Code. Where, in the opinion of the Fire Official, there exists a condition liable to cause fire, contribute to the spread of fire, interfere with the fire-fighting operations, endanger life or violations of the provisions or intent of said code, inspections may be made as often as necessary for the purposes of ascertaining these conditions and causing them to be corrected.
Schedule A Non-Life-Hazard Uses Classifications | |||
|---|---|---|---|
Class/Type | Description | Frequency | Fee |
A-3 | Assembly | Annual | $95 |
A-4 | Church | Annual | $57 |
A-5 | Stadium | Annual | $57 |
B-1A | Business | Annual | $46 |
B-1B | Business | Annual | $70 |
B-2 | Business | Annual | $117 |
B-2A | Business | Annual | $231 |
B-2B | Business | Annual | $461 |
B-2C | Business | Annual | $923 |
B-3 | Business | Annual | $461 |
E | Education | Annual | (Reserved) |
F-1A | Factory/moderate hazard | Annual | $231 |
F-1B | Factory/moderate hazard | Annual | $578 |
F-1C | Factory/moderate hazard | Annual | (Reserved) |
F-1D | Factory/moderate hazard | Annual | (Reserved) |
F-1E | Factory/moderate hazard | Annual | (Reserved) |
F-2A | Factory/low hazard | Annual | $192 |
F-2B | Factory/low hazard | Annual | $461 |
F-2C | Factory/low hazard | Annual | (Reserved) |
F-2D | Factory/low hazard | Annual | (Reserved) |
F-2E | Factory/low hazard | Annual | (Reserved) |
H | High hazard | Annual | $231 |
I-1 | Institutional | Annual | $154 |
M-1A | Mercantile | Annual | $46 |
M-1B | Mercantile | Annual | $70 |
M-2 | Mercantile | Annual | $117 |
R-2 | Residential/multiple-family | Annual | $70 per building |
R-2A | Residential/multiple-family | Annual | $70 per building |
R-2B | Residential/multiple-family | Annual | $70 per building |
R-2C | Residential/multiple-family | Annual | $70 per building |
S-1A | Storage/moderate hazard | Annual | $231 |
S-1B | Storage/moderate hazard | Annual | $577 |
S-1C | Storage/moderate hazard | Annual | (Reserved) |
S-1D | Storage/moderate hazard | Annual | (Reserved) |
S-1E | Storage/moderate hazard | Annual | (Reserved) |
S-2A | Storage/low hazard | Annual | $192 |
S-2B | Storage/low hazard | Annual | $461 |
S-2C | Storage/low hazard | Annual | (Reserved) |
S-2D | Storage/low hazard | Annual | (Reserved) |
S-2E | Storage/low hazard | Annual | (Reserved) |
U | Utility | Annual | $53 |
V | Vacant | Annual | $231 |