[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as Ch. 11 of the 1984 Code; amended in its entirety 8-20-1985 by
Ord. No. 1985-11. Subsequent amendments noted where applicable.]
[Amended 12-15-1992 by Ord.
No. 1992-16]
B.
Agency designation. The local enforcing agency shall
be the Ocean County Bureau of Fire Safety, under the supervision of the Ocean
County Fire Marshal.
C.
Duties. The Ocean County Bureau of Fire Safety 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 Borough of Bay Head, other than owner-occupied one- and
two-family dwellings, and shall comply with the requirements of the Uniform
Fire Safety Act and the Uniform Fire Code.
D.
Life hazard uses. The Ocean County Bureau of Fire Safety
shall carry out the periodic inspections of life hazard uses required by the
Uniform Fire Code.
E.
Organization. The Ocean County Bureau of Fire Safety
shall be in the office of the Ocean County Fire Marshal and shall be under
the direct supervision and control of the Ocean County Fire Marshal, who shall
serve as the Fire Official. The Ocean County Bureau of Fire Safety shall consist
of said Fire Official and such other inspectors and employees as may be necessary
to enforce said Code, being appointed by the Ocean County Board of Chosen
Freeholders pursuant to the procedures set forth herein.
F.
Appointments.
(1)
Fire official. The Ocean County Bureau of Fire Safety
shall be under the supervision of the Ocean County Fire Marshal, who shall
be appointed by the Ocean County Board of Chosen Freeholders.
(2)
Inspectors and employees. Such inspectors and other employees
as may be necessary for the Ocean County Bureau of Fire Safety to properly
carry out its responsibilities shall be appointed by the Ocean County Board
of Chosen Freeholders.
G.
Board of Appeals. Pursuant to §§ 15 and
17 of the Uniform Fire Safety Act,[2] any person aggrieved by a ruling, action, notice or order of the
Ocean County Bureau of Fire Safety shall have the right to appeal to the Construction
Board of Appeals of the County of Ocean.
[2]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-207.
I.
Certificate of smoke detector compliance. Before any
use group R-3 structure is sold, leased or otherwise made subject to a change
of occupancy for residential purposes, the owner shall obtain a certificate
of smoke detector compliance (CSDC), evidencing compliance with N.J.A.C. 5:18-4.19,
from the Fire Official. The application fee for a CSDC shall be as provided
in the fee schedule on file at the office of the Municipal Clerk.[4]
The purpose and intent of this chapter is to prescribe minimum requirements
and controls to safeguard life, property or public welfare from the hazards
of fire and explosion arising from the storage, handling or use of substances,
materials or devices or from conditions hazardous to life, property or public
welfare in the use or occupancy of buildings, structures, sheds, tents, lots
or premises.
There is hereby adopted by the Borough of Bay Head the fire control
measures and regulations as herein set forth for the purposes of controlling
conditions which could impede or interfere with fire suppression forces.
The Fire Chief or his duly authorized representatives, hereinafter simply
referred to as the "Fire Chief," shall be in charge at the scene of a fire
and is or are empowered to direct such operations as may be necessary to extinguish
or control any suspected or reported fires or gas leaks. The Fire Official
may prohibit any person, vehicle or object from approaching the scene and
may remove or cause to be removed from the scene any person, vehicle or object
which may impede or interfere with the operations of the Fire Department.
It shall be unlawful to interfere with, attempt to interfere with, conspire
to interfere with, obstruct or restrict the mobility of or block the path
of travel of any Fire Department emergency vehicle in any way or to interfere
with, attempt to interfere, conspire to interfere with, obstruct or hamper
any Fire Department operation.
A person shall not willfully fail or refuse to comply with any lawful
order or direction of the Fire Chief or to interfere with the compliance attempts
of another individual.
A vehicle shall not be driven or propelled over any unprotected fire
hose of the Fire Department when laid down on any street, alleyway, private
drive or any other vehicular roadway without the consent of the Fire Official
in command of said operation.
Authorized emergency vehicles shall be restricted to those which are
defined and authorized under the laws of the State of New Jersey.
A person shall not, without proper authorization from the Fire Chief
who is in charge of said Fire Department emergency equipment, cling to, attach
himself to, climb upon or into, board or swing upon any Fire Department emergency
vehicle, whether the same is in motion or at a rest, or sound the siren, horn,
bell or other sound-producing device thereon or to manipulate or tamper with
or attempt to manipulate or tamper with any levers, valves, switches, starting
devices, brakes, pumps or any equipment or protective clothing on or a part
of any Fire Department emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt or
conspire to damage or deface any Fire Department personnel while performing
departmental duties.
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department connection
for the pressurization of fire suppression systems, including fire hydrants
and Fire Department connections that are located on public or private streets
and access lanes or on private property.
A person shall not use or operate any fire hydrant intended for use
of the Fire Department for fire suppression purposes, unless such person first
secures a permit for such use from the Fire Official and the water company
having jurisdiction. This section shall not apply to the use of such hydrants
by a person employed by and authorized to make such use by the water company
having jurisdiction.
The Fire Chief shall recommend to the Mayor and Council the location
or relocation of new or existing fire hydrants and the placement or replacement
of inadequate water mains located upon public property and deemed necessary
to provide an adequate fire flow and distribution pattern. A fire hydrant
shall not be placed into or removed from service until approved by the Fire
Official.
A person shall not obstruct, remove, tamper with or otherwise disturb
any fire hydrant or fire appliance required to be installed or maintained
under the provisions of the Fire Prevention Code, except for the purpose of
extinguishing fire, training or testing.
A person shall not sell, trade, loan or give away any form, type or
kind of fire extinguisher which is not approved by the Fire Chief or which
is not in proper working order or the contents of which do not meet the requirements
of the Fire Chief. The requirements of this section shall not apply to the
sale, trade or exchange of obsolete or damaged equipment for junk if said
units are permanently disfigured or marked with permanent signs identifying
the unit as junk.
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
