[HISTORY: Adopted by the Township Council of the Township of Washington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-26-1995 by Ord.
No. 26-1995 as Ch. XIII of the 1994 Code]
A.
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.,
was enacted for the purpose of establishing a system for the enforcement of
minimum fire safety standards throughout the State of New Jersey.
B.
The Uniform Fire Safety Act authorizes municipalities
to provide for local enforcement and to establish local enforcement agencies
for that purpose.
C.
It is in the best interests of the Township of Washington,
Gloucester County, to have the Uniform Fire Safety Act enforced locally.
D.
Washington Township Fire District No. 1 has agreed to
the plan, which is set forth herein, for the administration and enforcement
of the Uniform Fire Safety Code.
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.A. 52:27D-202,
the New Jersey Uniform Fire Safety Code shall be locally enforced within the
established limits of Washington Township Fire District No. 1.
The local enforcing agency shall be the Bureau of Fire Prevention.
A.
The local enforcing agency established by § 92-3 shall be part of the Washington Township Fire District No. 1. Such funds as may be necessary to support the operation of the agency shall be raised by the district in the manner provided by law.
B.
The agency shall be under the supervision of the Board
of Fire Commissioners.
A.
Appointment of Fire Official. The Washington Township
Board of Fire Commissioners shall appoint a Fire Official who shall enforce
the New Jersey Uniform Fire Code as the agent for the local enforcing agency.
In making this appointment, the Board of Fire Commissioners shall make the
appointment from among those persons whom they shall consider qualified, which
persons under consideration shall have been certified pursuant to the provisions
of N.J.A.C. 5:18A-4.
B.
Term of office. The Fire Official shall serve a term
of two years. Any vacancy shall be filled for the unexpired term in accordance
with the provisions of N.J.A.C. 5:18A-4.
C.
Inspectors and employees. Such inspectors and other employees
as may be necessary in the local enforcing agency shall be appointed by the
Board of Fire Commissioners upon the recommendation of the Fire Official.
D.
Removal from office. The Fire Official, inspectors and
other employees of the enforcing agency shall be subject to removal by the
Board of Fire Commissioners for inefficiency or misconduct. The Fire Official,
inspector or employee to be so removed shall be afforded an opportunity to
be heard before the Board of Fire Commissioners or a designated hearing officer.
The local enforcing agency shall enforce the Uniform Fire Safety Act
and the codes and regulations adopted under it in all buildings, structures
and premises within the established boundaries of the Washington Township
Fire District No. 1, other than owner-occupied one- and two-family dwellings,
and shall faithfully comply with the requirements of the Uniform Fire Safety
Act and the Uniform Fire Safety Code.
The Bureau of Fire Prevention shall carry out the periodic inspection
of life hazard uses required by the Uniform Fire Safety Code on behalf of
the Commissioner of Community Affairs.
Pursuant to sections 15 and 17 of the Uniform Fire Safety Act, N.J.S.A.
52:27D-206 and 208, any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the Construction Board of Appeals
of Gloucester County.
[Amended 11-13-1997 by Ord.
No. 32-1997; 7-18-2002 by Ord.
No. 12-2002]
A.
The permit fees established by the Uniform Fire Code
shall be the permit fees established in the Township of Washington.
B.
Nonprofit organizations required to obtain a permit pursuant
to the Uniform Fire Code to hold fund-raising or occasional public events
shall not be required to pay a permit fee.
C.
In addition to the above, the Fire Official and/or the
District Chief shall be notified of any regular or special events or performance
in any building located in Washington Township, and a permit fee shall be
required in accordance with the Uniform Fire Code as herein established.
[Amended 11-13-1997 by Ord.
No. 32-1997; 7-18-2002 by Ord.
No. 12-2002]
A.
The inspections and fees required pursuant to this article
shall be those required pursuant to the Act and the regulations of the Department
of Community Affairs, including any amendments or supplements thereto.
B.
In addition to the inspections and fees established in Subsection A above, the Fire Official or the District Fire Chief may require inspections and continued monitoring to prevent overcrowding or to address other fire safety concerns for public safety during the occurrence of any regular or special events or performance in any building located in Washington Township. A fee shall be charged to the sponsor, entity owner or tenant of the building that is conducting the event or performance. The fee charged shall be the total hourly wage plus overtime, if applicable, paid by the Fire District to the respective Fire Inspector(s).
C.
The inspections and fees required pursuant to this section for all buildings as defined in the Uniform Construction Code of New Jersey and not classified as life hazard buildings shall be as set forth in Chapter 80, Fees.
D.
In the event a building, whether it be occupied by an
assembly, business, factory, mercantile, residential, storage, utility or
any combination thereof, is used by more than one legal entity, each legal
entity shall be considered a separate user for purposes of payment of fees
hereunder.
E.
Any owner, agent or lessee who fails to pay the prescribed
registration fee within 30 days of written notification shall be in violation
of this section and shall be subject to a penalty equal to the amount of the
unpaid fee.
F.
Collection of said unpaid fee shall be enforced through
a court of competent jurisdiction including but not limited to Municipal Court.
A.
Permits. Permits, classified as follows, shall be required
for the uses set forth:
(1)
Type I permit.
(a)
Bonfires.
(b)
The use of a torch or flame-producing device to remove
paint from, or seal membrane roofs on, any building or structure.
(c)
Tents exceeding 1,200 square feet or 30 feet in any dimension,
excluding canopies, whether single or made up of multiple smaller units, when
used for the purposes which would constitute a life hazard use were the use
to be found in a building.
(d)
Individual portable kiosks or displays when erected in
a covered mall for a period of less than 90 days and when not covered by a
Type 2 permit.
(e)
The use of any open flame or flame-producing device in
connection with any public gathering for purposes of entertainment, amusement
or recreation in places of public assembly.
(f)
Welding or cutting operations, except where the welding
or cutting is performed in areas approved for welding and is registered as
a Type B life hazard use.
(g)
The possession or use of explosives or blasting agents.
(h)
Helistops.
(i)
The occasional use in any building of a multipurpose
room, with a maximum permitted occupancy of 100 or more, for amusement, entertainment
or mercantile-type purposes.
(j)
Use of a hydrant. The penalty for the unauthorized use
of a fire hydrant shall be $100 for the first offense and $500 for each offense
thereafter.
(2)
Type 2 permit.
(a)
Bowling lane resurfacing and bowling pin refinishing
involving the use and application of flammable liquids or materials.
(b)
Fumigation or thermal insecticide fogging.
(c)
Membrane-covered cable and air-supported structures covering
an area in excess of 120 square feet, erected for a period of less than 90
days.
(d)
Carnivals and circuses employing mobile structures used
for human occupancy.
(e)
The use of a covered mall in any of the following manners:
[1]
Placing or constructing temporary kiosks, display booths,
concession equipment or the like in more than 25% of the common area of the
mall.
[2]
Temporarily using the mall as a place of assembly.
[3]
Using open flame or flame devices.
[4]
Displaying liquid or gas fuel-powered equipment.
[5]
Using liquid petroleum gas, liquefied natural gas, or
compressed flammable gas in containers exceeding five-pound capacity.
(3)
Type 3 permit.
(a)
Industrial processing ovens or furnaces operating at
approximately atmospheric pressures and temperatures not exceeding 1,400º
F., which are heated with liquid or gas fuel or which contain flammable vapors
from the product being processed.
(b)
Any wrecking yard or junkyard.
(c)
The storage or discharging of fireworks.
(4)
Type 4 permit.
(a)
Storage or use at normal temperature and pressure of
more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet
of nonflammable compressed gas.
(b)
The production or sale of cryogenic liquids, the storage
or use of more than 10 gallons of liquid oxygen, flammable cryogenic liquids
or cryogenic oxidizers, or the storage of more than 500 gallons of nonflammable,
nontoxic cryogenic liquids.
(c)
The storage, handling and processing of flammable, combustible
and unstable liquids in containers and portable tanks.
(d)
Except for medicines, beverages, foodstuffs, cosmetics
and other common consumer items when packaged according to commonly accepted
practices, the storage or handling of:
[1]
More than five gallons of corrosive liquids.
[2]
More than 500 pounds of oxidizing materials.
[3]
More than 10 pounds of organic peroxides.
[4]
More than 500 pounds of nitromethane.
[5]
More than 1,000 pounds of ammonium nitrate.
[6]
More than one microcurie of radium or other radiation
material not contained in a sealed source.
[7]
More than one millicurie of radium or other radiation
material in a sealed source.
[8]
Any amount of radioactive material for which a specific
license from the Nuclear Regulatory Commission is required.
[9]
More than 10 pounds of flammable solids.
B.
Permits, issuance. Permits shall only be issued for uses expressly designated as permitted uses under Chapter 285, Zoning, and upon the payment of the fees therefor.
C.
Required inspections. In addition to the inspections
provided pursuant to the Uniform Fire Code and regulations issued by the New
Jersey Department of Community Affairs, additional inspections shall be required
as follows:
(1)
Inspection classification.
(b)
Class II:
[1]
All business use buildings less than 10,000 square feet.
[2]
All eating establishments with a maximum occupancy load
of less than 50 persons.
[3]
All mercantile uses of less than 12,000 square feet.
[4]
All factory uses of less than 2,500 square feet.
[5]
All storage uses of less than 2,500 square feet.
(c)
Class III:
[1]
All mixed use buildings under 10,000 square feet.
[2]
All business uses of more than 10,000 square feet but
less than 20,000 square feet.
[3]
All factory uses of more than 2,500 square feet but less
than 20,000 square feet.
[4]
All storage uses of more that 2,500 square feet but less
than 20,000 square feet.
[5]
All multiple dwellings containing from three to 25 units.
D.
Fees. The permit and inspection fees established by the Uniform Fire Safety Code and this article shall be as set forth in Chapter 80, Fees, of this Code. All nonprofit organizations must take out a permit, but will not be required to pay a fee.
E.
Multiple uses. In the event a building, whether it is
occupied by a business, factory, mercantile, residential, storage or any combination
thereof, is used by more than one legal entity, each legal entity shall be
considered a separate user for purposes of payment of fees hereunder.
F.
Failure to pay fees. Any owner, agent or lessee who fails
to pay the prescribed registration fee within 30 days of written notification
shall be in violation of this section and shall be subject to a fine not to
exceed $5,000.
A.
Findings.
(1)
There are a number of areas in the Township where proper
and efficient response of fire trucks and other fire equipment would possibly
be impeded because of failure to designate certain areas as fire areas and
regulate traffic and parking therein.
(2)
N.J.S.A. 40A:14-53 provides that the governing body of
any municipality may, by ordinance, authorize the officials in charge of fire
prevention and regulation to establish fire areas, to regulate traffic and
parking therein and provide penalties for violations.
(3)
The Board of Fire Commissioners of Washington Township
and the Fire Official thereof are the proper officials in charge as aforesaid.
(4)
The Board of Fire Commissioners and the Fire Official
have made a careful review of the Township to determine what areas should
be so designated as fire areas.
(5)
The Township Council is in agreement with the Board of
Fire Commissioners and Fire Official in regard to what areas should be so
designated.
(6)
N.J.S.A. 40:48-2.46 gives the governing body of every
municipality legal authority to make, amend, repeal and enforce ordinances
to regulate vehicular and pedestrian traffic and the parking of vehicles in
parking yards and parking places, which are open to the public or to which
the public is invited, whether maintained or operated separately or in conjunction
with any business or enterprise.
B.
Designation of fire areas; parking prohibited. The areas
described on the schedules attached to and hereby made a part of this article
shall be and are hereby designated as fire areas. No parking shall be permitted
in such fire areas.[1] All lane and area designations refer to sketches and/or site plans
of the individual fire areas on file in the office of the Township Clerk.
[Amended 1-26-2006 by Ord. No. 6-2006]
(1)
Parking.
(a)
Upon a finding that such action is necessary for the public safety,
the Board of Fire Commissioners of the Fire District of the Township of Washington
within the district may require the owner or owners of any shopping center,
commercial structure, place of public assembly, multiple dwelling group, industrial
park, office building, hotel or motel or school to designate “Fire Lane”
in the driveways of the premises leading to and from the parking areas, loading
areas, public streets or rights-of-way leading to the above type buildings
or structures. Such fire lanes shall be no less than 18 feet nor more than
50 feet in width and shall be striped and lettered in yellow on a paved surface,
such striping and lettering to remain legible at all times. Metal “Fire
Lane” signs, the letter of same to be legible at all times, shall be
provided, erected and maintained by said owner or owners and placed at the
discretion of the Board of Fire Commissioners. Said signs are to be of a
design and quality and lettered in accordance with applicable state law and
approved by the Board of Fire Commissioners or their designee.
(b)
No person shall at any time park a vehicle or in any other manner
obstruct any driveway or other area that has been designated as herein above
provided as a “Fire Lane.”
(2)
Special regulations for shopping centers.
(a)
Fire lanes shall be established in all shopping centers to insure
fire equipment and other emergency vehicles unobstructed means of ingress
and egress and to insure the proper unobstructed ingress and egress of people
to the properties and buildings located therein in the event of fire or other
emergency and to insure that, further, fire hazards are not in the vicinity
of the properties and buildings.
(b)
The number, location, dimensions and markings of such lanes shall
be determined by the Board of Fire Commissioners based upon the size, type
and location of the buildings in such shopping centers; the types of uses
contained therein; the number of motor vehicles operated and parked upon the
property; the number of persons using and occupying the premises; the existing
means of ingress and egress; the total area of the property; and other relevant
factors.
(c)
The Board of Fire Commissioners is authorized to regulate, restrict
and prohibit the parking and operation of motor vehicles in and near such
fire lanes and to impose other reasonable regulations necessary to insure
that such lanes are free from obstruction.
(3)
The Board of Fire Commissioners of the Fire District, the Fire
Official and/or his designees and the Police Department of the Township of
Washington shall have concurrent jurisdiction to enforce the provisions of
this subsection.
(4)
Any violation of the provisions of this subsection shall be punishable
by a fine of not less than $100 nor more than $500 or by imprisonment of not
more than 90 days, or both, which shall be enforceable in the Municipal Court
of Washington Township, Gloucester County, New Jersey. All fines issued by
Fire District personnel shall be made payable to the Washington Township Fire
District. All fines issued by the Police Department personnel shall be made
payable to the Municipality of the Township of Washington.
(5)
The Fire Official shall cause to be issued a ticket book similar
to a traffic ticket book for use in serving violations of this subsection.
(6)
Notwithstanding the penalties hereinabove provided for violations
of this subsection, the Fire District shall be entitled to pursue any other
remedy available at law or equity to enforce the provisions hereof.
[1]
Editor's Note: The schedules are on file in the office of the Township
Fire Official.
C.
Plan of markings.
(1)
Preparation. A plan indicating markings and signs to
be made and erected, respectively, to designate the fire areas shall be prepared
by the Township traffic safety officer after consultation with the Board of
Fire Commissioners and Fire Official. The plans containing such markings and/or
signs shall be placed on file in the office of the Township Clerk.
(2)
Submission to property owner. After preparation of the
plan by the traffic safety officer, it shall be submitted to the owner(s)
of the real property which is to be designated as a fire area and the owner(s)
of such real property shall have 90 days to make the markings and/or erect
the signs as required therein. Failure to act within such 90 days shall be
considered a violation of this section, and each day shall be considered a
separate violation.
(3)
Maintenance of markings and area. After the markings
and/or signs are installed in accordance with the plan, the property owner
shall be required to maintain the same in good condition so the public will
always be kept aware that the fire areas are restricted.
A report of the Bureau of Fire Prevention shall be made quarterly and
transmitted to the Township Council and the Board of Fire Commissioners. It
shall contain a summary of proceedings under the Uniform Fire Safety Code
and this article, with such statistics as the Board of Fire Commissioners
may wish included therein.
A.
Notice of violation. The Fire Official shall issue a
notice of violation which shall contain a time period for the alleged violator
to correct the violation, which time period shall not exceed 30 days, but
the time specified shall be in the sole discretion of the Fire Official. The
Fire Official shall also have discretion to grant extensions of time to an
alleged violator once a notice of violation has been issued, but the total
period of extension shall not exceed 60 days.
B.
Penalty. Any violation of any of the provisions of this article, or of any of the codes adopted or enforced hereby shall be punished in accordance with the provisions of Chapter 1, General Provisions, Article I, of this Code, unless another penalty is specifically set forth in this article, by state law or in such Code.
[Adopted 6-21-2001 by Ord.
No. 16-2001]
Automatic fire sprinkler systems are to be installed in compliance with
the National Fire Protection Association standards in all new buildings regardless
of floor or occupancy type. For the purpose of this article, the floor area
within the surrounding exterior walls shall be considered as one building.
Area separation walls shall not be used in calculating allowable floor area
for sprinkler requirements.
The following structures will be exempt from this article:
Whenever a new addition is added to any existing building which results
in an increase of more than 50% in floor space or whenever total additions
result in an increase of more than 1,000 square feet in total floor area including
mezzanines or additional stories, or where alterations to existing buildings
exceed 50% of the replacement value as determined by the Building Official,
in that event the new construction will require an automatic fire sprinkler
system. Alteration values and additional floor area shall be cumulative with
each issuance of a building permit regardless of any change in ownership.
