[HISTORY: Adopted by the Township Committee
of the Township of Mantua 12-26-2006 by Ord. No. O-22-2006 (Ch. 78 of the 1978
Code). Amendments noted where applicable.]
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 firesafety 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 Mantua,
Gloucester County, to have the Uniform Fire Safety Act enforced locally.
D.
Mantua 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 Mantua
Township Fire District No. 1.
The local enforcing agency shall be the Bureau
of Fire Prevention.
A.
The local enforcing agency established by § 182-3 shall be part of the Mantua 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 Mantua 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 it 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 Mantua 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 the Department 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.
A.
The permit fees established by the Uniform Code shall
be the permit fees established in the Township of Mantua.
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 Mantua Township, and a permit
fee shall be required in accordance with the Uniform Fire Code as
herein established.
A.
The inspections and fees required pursuant to this
chapter 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 firesafety concerns for public safety during the occurrence of any regular or special events or performance in any building located in Mantua 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 § 182-12 of this chapter.
[Amended 2-27-2007 by Ord. No. O-01-2007]
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 the
Mantua Township Municipal Court.
A.
Permits. Permits, classified as follows, shall be
required for the uses set forth:
(1)
Type 1 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 explosive 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.
(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-producing 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
1,400° 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 230, Land Development, of the Code, 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 than 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 chapter shall be as set forth in § 182-12. All nonprofit organizations must take out a permit but will not be required to pay a fee.
[Amended 11-10-2008 by Ord. No. O-17-2008]
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.
[Added 2-27-2007 by Ord. No. O-01-2007; amended 12-19-2022 by Ord. No. O-11-2022]
Inspection fees, as permitted under § 182-10, shall be as follows:
A.
Assembly.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
A-1
|
Eating establishments under 50 (no alcohol)
|
$60
|
Every 12 months
| |
|
A-2
|
Takeout food (no seating)
|
$35
|
Every 12 months
| |
|
A-3
|
House of worship
|
$50
|
Every 12 months
|
B.
Business.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
B-1
|
Professional use one- and two-story less than
5,000 square feet per floor
|
$50
|
Every 12 months
| |
|
B-2
|
One- and two-story equal to or more than 5,000
square feet but less than 10,000 square feet per floor
|
$75
|
Every 12 months
| |
|
B-3
|
One- and two-story more than 10,000 square feet
|
$85
|
Every 12 months
| |
|
B-4
|
Three- to five-story less than 5,000 square feet
|
$100
|
Every 12 months
| |
|
B-5
|
Three- to five-story equal to or more than 5,000 square feet
but less than 10,000 square feet per floor
|
$150
|
Every 12 months
| |
|
B-6
|
Three- to five-story over 10,000 square feet per floor
|
$200
|
Every 12 months
|
C.
Factory.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
F.1
|
Moderate hazard
|
$200
|
Every 6 months
| |
|
F.2
|
Low hazard
|
$100
|
Every 6 months
|
D.
Mercantile.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
M-1
|
Retail business under 5,000 square feet
|
$100
|
Every 12 months
| |
|
M-2
|
Retail business over 5,000 square feet
|
$200
|
Every 12 months
|
E.
Residential.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
R-1
|
1 to 6 units
|
$50
|
Every 12 months
| |
|
R-2
|
7 to 12 units
|
$100
|
Every 12 months
| |
|
R-3
|
13 to 20 units
|
$125
|
Every 12 months
| |
|
R-4
|
21 to 50 units
|
$150
|
Every 12 months
| |
|
R-5
|
For each additional unit
|
$25
|
Every 12 months
|
F.
Storage.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
S-1
|
Moderate hazard under 5,000 square feet
|
$175
|
Every 12 months
| |
|
S-1
|
Moderate hazard over 5,000 square feet
|
$250
|
Every 12 months
| |
|
S-2
|
Low hazard under 1,000 square feet
|
$50
|
Every 12 months
| |
|
S-2
|
Low hazard under 5,000 square feet
|
$100
|
Every 12 months
| |
|
S-2
|
Low hazard over 5,000 square feet
|
$150
|
Every 12 months
| |
|
S
|
Exception life hazard uses
|
G.
Utility. Miscellaneous uses such as commercially occupied,
or intended to be occupied, structures, commonly referred to as commercial
strip complexes.
|
Annual
Fee
|
Inspection
| |||
|---|---|---|---|---|
|
U-1
|
Farms
|
$50
|
Every 12 months
| |
|
U-2
|
Utility and miscellaneous uses
|
$75
|
Every 12 months
|
A.
Findings.
(1)
There are a number of areas in the Township of Mantua
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 Mantua Township
Fire District No. 1 and the Fire Official thereof are the proper officials
in charge as aforesaid.
(4)
The Board of Fire Commissioners and the Fire Official
shall make a careful review of the Township of Mantua at least once
annually to determine what areas should be so designated as fire areas.
(5)
The Township Committee 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[1] attached to and hereby made a part of this chapter shall
be and are hereby designated as fire areas. No parking shall be permitted
in such fire areas. 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.
(1)
Parking.
(a)
Upon finding that such action is necessary for
the public safety, the Board of Fire Commissioners of the Fire District
of the Township of Mantua 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 letters 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 its 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 hereinabove provided as a fire lane.
(2)
Special regulations for shopping centers.
(a)
Fire lanes shall be established in all shopping
centers to ensure fire equipment and other emergency vehicles unobstructed
means of ingress and egress and to ensure 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 ensure 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 obstruction.
(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 ensure 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 Mantua shall have concurrent jurisdiction to enforce
the provisions of this subsection.
(4)
Any violation of the provisions of this subsection shall be punishable as provided in § 182-16, which shall be enforceable in the Municipal Court of Mantua Township, Gloucester County, New Jersey. All fines issued by Fire District personnel shall be made payable to the Mantua Township Fire District. All fines issued by the Police Department personnel shall be made payable to the Municipality of the Township of Mantua.
[Amended 11-10-2008 by Ord. No. O-17-2008]
(5)
The Fire Official shall cause to be issued a ticket
book similar to a traffic 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 of Mantua 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 Committee and the
Board of Fire Commissioners. It shall contain a summary of proceedings
under the Uniform Fire Safety Code and this chapter, with such statistics
as the Board of Fire Commissioners may wish included therein.
The Township of Mantua specifically reserves
and retains the right to pursue all other legal and equitable remedies
in order to fully enforce the provisions of this chapter as they pertain
to the health, safety, and welfare of the people of the Township of
Mantua.
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 jurisdiction
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. Except as provided in N.J.A.C. 5:70-1.12,
any violation of any of the provisions of this chapter or of any of
the codes adopted or enforced hereby shall be punished by one or more
of the following: a maximum fine of $2,000, a term of imprisonment
of not more than 90 days and/or a period community service not to
exceed 90 days.
[Amended 11-10-2008 by Ord. No. O-17-2008]
[Added 12-19-2022 by Ord. No. O-11-2022]
A.
The New
Jersey Administrative Code, N.J.A.C. 5:70 et seq., requires certain
properties to be equipped with automatic alarm systems and/or sprinkler
systems.
B.
All properties
within the LEA having an automatic fire alarm system or a fire sprinkler
system shall be equipped with a key box. This shall not apply to owner
occupied one- and two-family dwellings.
C.
The key
box shall be of a UL type and the rapid entry key box shall be installed
in a location approved by the Mantua Township Fire Marshal.
