There is hereby adopted by the Township for the purpose of prescribing minimum requirements and controls to safeguard life, property and public welfare from the hazards of fire and explosion, the Uniform Fire Code and the New Jersey State Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), and all amendments and supplements thereto, and those amendments set forth in §
113-5 hereof. This shall be known as the "Local Fire Prevention Code."
[Amended 11-21-2023 by Ord. No. 17-2023]
The Local Fire Prevention Code is supplemented to include the following Wall Township Municipal Ordinance: Chapter
59, Alarms, Article
II, Key Boxes, of the Code of the Township of Wall.
[Amended 11-21-2023 by Ord. No. 17-2023]
Fire zones shall be established and enforced in accordance with
the Local Fire Prevention Code, the Uniform Fire Code and the New
Jersey State Uniform Fire Safety Act. The penalty for parking in a
marked fire zone shall be $125 per occurrence.
This chapter shall not be deemed to effect or interfere in any manner with the authority conferred by Chapter
140, Land Use and Development Regulations, of the Code of the Township of Wall upon the Wall Township Planning Board or the Wall Township Zoning Board of Adjustment to review and approve applications for site plan review.
[Amended 11-21-2023 by Ord. No. 17-2023]
A. Fire pits or other similar devices are authorized within the Township
of Wall subject to the restrictions set forth in this chapter. For
the purpose of this chapter, a firepit shall be considered as any
outdoor fireplace unit built after obtaining permits and approvals
pursuant to the Uniform Construction Code; or
B. Any equipment designed and used for outdoor fires and operated pursuant
to manufacturer's instructions.
C. Limitation of size. All such fireplaces or firepits as set forth
above shall be no larger than three feet in diameter and two feet
in height and are required to have an approved screen or spark arrestor.
D. Location requirements.
(1) Such fireplaces or firepits may only be used at residential properties
containing two or fewer units and are prohibited from being used at
any commercial establishment or for any commercial use or at any multifamily
dwelling in excess of two units.
(2) All such devices shall be kept at ground level and must be placed
upon a noncombustible surface such as brick or cement. No such devices
shall be permitted on any type of elevated landing, surface, deck,
stairway, roof or other elevated platform or portion of a structure.
(3) Said devices are prohibited from being used within 15 feet of any
structure, including, but not limited to, homes, garages, sheds, showers
or other such structures.
(4) Such devices are prohibited from being used within five feet of any
other combustible surface, including, but not limited to, bushes,
fences, pools, plants, shrubs, houses used for feeding of sheltering
animals or other combustible surfaces.
(5) Said devices are prohibited from being used underneath any cave,
overhang, roof, wires, tree limbs, vegetation, gutter, downspouts
or decks.
E. Unattended firepits prohibited. Any outdoor fireplace or firepit
must be constantly attended while in use and shall not be left unattended
while any burning, smoldering or heat generation is taking place.
F. No fireplace or firepit shall be used in the Township of Wall other
than during the hours between 9:00 a.m. and 12:00 midnight.
G. Certain burning prohibited. No trash or other waste such as garbage,
leaves, construction debris, rubbish, plastic materials, leather,
furniture or petroleum-based materials may be used to fuel any fire
in an outdoor fireplace or firepit within the Township of Wall. Only
dry, seasoned firewood or prepackaged "Duraflame" type logs may be
used as fuel for any fire in a fireplace or firepit within the Township
of Wall. The same shall be lighted by the minimal amount of newspaper
or wood kindling necessary. Under no condition shall a flammable or
combustible liquid such as lighter fluid, kerosene, gasoline or other
combustible liquid be used to start, fuel or otherwise enhance any
fire in a fireplace or firepit in the Township of Wall.
H. Extinguishment required. No person shall leave the contents of a
firepit burning or smoldering and proper extinguishment of the same
is required. For the purpose of this chapter, proper extinguishment
of the contents of a firepit may be obtained by using a fire extinguisher
with a minimum of a 4A rating or a garden hose with suitable water
supply. The fire shall be properly and thoroughly extinguished and
ashes are to be properly disposed no sooner than 48 hours after burning.
Ashes may be stored in a metal can with a tightly fitted lid which
is located at least five feet away from any building or other combustible
surface or material.
I. Enforcement. The Fire Chief of the Fire District in which the firepit
is taking place or his designee or officers of the Wall Township Police
Department may enforce this chapter. Anyone authorized to enforce
this chapter shall have the authority to immediately cause any person
using a firepit or fireplace within the Township of Wall to extinguish
the same and order that the same not be used for an appropriate duration
of time if said enforcement official believes that the continued use
of a firepit or fireplace may cause any of the following conditions:
(1) An increased risk of fire hazard due to wind or other atmospheric
conditions.
(2) A nuisance to any neighbors due to flames, sparks or smoke emission
from a fireplace or firepit.
(3) The use of any fireplace or firepit in violation of this chapter.
J. Precedence of Uniform Fire Code. This chapter shall not apply to
any burning that requires a permit to be obtained pursuant to the
New Jersey Uniform Fire Code. To the extent this chapter is in conflict
with the New Jersey Uniform Fire Code or the Uniform Construction
Code, said Code shall take precedence.