Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 5-9-2007 by Ord. No. 10-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 26.
Uniform construction codes — See Ch. 90.
Property maintenance — See Ch. 151.
Solid waste — See Ch. 162.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 107, Fire Prevention, adopted 8-13-1992 by Ord. No. 239.

§ 107-1 Local enforcement.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be enforced locally in the Borough of Folsom.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 107-2 Local enforcing agency designation.

The local enforcing agency shall be the Borough of Folsom through its Bureau of Fire Prevention, which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the "local enforcing agency."

§ 107-3 Applicability.

The Bureau of Fire Prevention established by § 107-2 of this chapter shall be a part of the Department of Fire Safety and shall be under the direct supervision and control of the Chief Fire Marshal, who shall report to the Mayor or the Chairman of the Fire Safety Committee.

§ 107-4 Life-hazard uses.

The Bureau established by § 107-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. The types of life-hazard uses to be inspected by the Bureau are as set forth in N.J.A.C. 5:70.1 et seq., and the buildings, uses and premises described therein shall constitute the life-hazard uses which are subject to registration and periodic inspection requirements to be undertaken by the Bureau.

§ 107-5 Bureau of Fire Prevention.

The Bureau established by § 107-2 of this chapter is a part of the Department of Fire Safety and will be under the direct supervision and control of the Chief Fire Marshal, who will report to the Mayor or the Chairman of the Fire Safety Committee.

§ 107-6 Administration.

A. 
The Bureau of Fire Prevention established by this chapter shall be under the direct supervision and control of the Chief Fire Marshal, who shall report to the Mayor or the Chairman of the Fire Safety Committee.
B. 
The Bureau of Fire Prevention shall have at least one paid inspector, who may also serve as the Chief Fire Marshal.
C. 
The Bureau of Fire Prevention, under the direct supervision of the Chief Fire Marshal, shall have a backup fire inspector with the title of Deputy Chief Fire Marshal.

§ 107-7 Appointment and qualifications of Chief Fire Marshal; employees.

A. 
Appointment and qualifications of the Chief Fire Marshal. The Chief Fire Marshal shall be certified by the state and appointed by the Mayor and Council.
B. 
Appointment and qualifications of inspectors and other employees. Inspectors and other employees of the enforcing agency will be appointed by the governing body upon the recommendation of the Chief Fire Marshal. All life-hazard use inspectors shall be certified by the state.
C. 
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
The Chief Fire Marshal shall serve for a term of two years, running from January 1 to December 31. The Deputy Chief Fire Marshal shall serve for a term of one year, running from January 1 to December 31. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Chief Fire Marshal, inspectors and other employees of the agency shall be subject to removal by the Mayor and/or Council for inefficiency or misconduct. Before removal from office, all persons shall be afforded an opportunity to be heard by the Council or a hearing officer designated by the same.

§ 107-8 Appeals.

Pursuant to N.J.A.C. 5:70-2.11(a)1 of the Uniform Fire Code, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Atlantic County Board of Appeals.

§ 107-9 Inspections and permits.

The Chief Fire Marshal shall make such inspections within the Borough of Folsom as are required by the Uniform Fire Code and shall charge such fees for inspections and permits as are provided by N.J.A.C. 5:70-2.9 and this chapter.

§ 107-10 Inspection of non-life-hazard use hotels and multiple dwellings; fees.

The Chief Fire Marshal of the Borough of Folsom shall inspect, at least biannually, all non-life-hazard-use hotels and multiple dwellings within the Borough of Folsom to verify that all buildings within these use groups comply with the requirements of the Uniform Fire Safety Act. The Chief Fire Marshal shall charge the following inspection fees for inspection of R-1 and R-2 use groups:
A. 
For each unit inspected: $25.
B. 
For all other areas of each building: $50.

§ 107-11 Registration of non-life-hazard uses; fees; vacant buildings.

A. 
In addition to the registrations required by the Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below:
Use Group
Annual Fee
Business Use Group
B-1 under 2,500 square feet
$25
B-2 2,500 to 4,999 square feet
$35
B-3 5,000 to 9,999 square feet
$50
B-4 10,000 and over square feet
$100
Factory Use Group
F-1 under 5,000 square feet
$75
F-2 5,000 and over square feet
$100
Mercantile Use Group
M-1 under 6,000 square feet
$25
M-2 6,000 to 11,999 square feet
$50
Storage Use Group
S-1 under 2,500 square feet
$25
S-2 2,500 and over square feet
$50
Residential Use Group
R-A non-owner-occupied, 1 and 2 units
$25
R-B 3 to 6 units
$35
R-C 7 to 12 units
$50
R-D 13 to 20 units
$75
R-E over 20 units
$125
Utilities Use Group
U-1 under 2,500 square feet
$25
U-2 2,500 and over square feet
$60
B. 
R-A uses shall be inspected and charged a fee only upon sale or change of tenant.
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
D. 
Uses required to register with the state as life-hazard uses shall not be required to register under this section, unless there is more than one use group on the property which may be registered in accordance with the aforementioned fees as stated above.
E. 
At the discretion of the Chief Fire Marshal, vacant buildings will be charged and inspected according to the previous use of the building.
F. 
All residential uses except R-A uses shall be inspected in the common areas only.

§ 107-12 Waiver of fees for certain structures.

A. 
Structures owned by the Borough of Folsom, by volunteer fire company(ies), by volunteer rescue squads, by all churches located in the Borough and by the Borough of Folsom Municipal Utilities Authority shall be exempt from the fee requirements of this chapter for all inspections of such structures. However, all such structures shall comply with the requirements of the Uniform Fire Safety Act and with the Uniform Fire Code and shall be inspected by the Chief Fire Marshal in the same manner as all other structures under the jurisdiction of said official.

§ 107-13 Application fees; cost for issuance of certificate of Fire Code status.

A. 
The application fees for the permits listed in N.J.A.C. 5:70-2.8[1] shall be as follows:
Type
Fee
1
$42
2
$168
3
$331
4
$497
5
$1,500
[1]
Editor's Note: N.J.A.C. 5:70-2.8 was repealed. See N.J.A.C. 5:70-2.7 for the listing of permits by type.
B. 
The cost for the issuance of a certificate of Fire Code status shall be $25.

§ 107-14 Enforcement procedures.

In the event that the owner or lessee of any building fails or refuses to comply with any of the requirements as set forth in this chapter, enforcement procedures shall be applied by the Chief Fire Marshal that shall be in accordance with the Uniform Fire Code, N.J.A.C. 5:70.1 et seq.

§ 107-15 Fire lanes and fire hydrants.

A. 
No person shall park or stop a motor vehicle or in any other manner obstruct a properly designated fire lane, fire hydrant or Fire Department connection. This shall apply to any public street, private street or access lane.
(1) 
Violations of this chapter or any provision of the Uniform Fire Safety Act (N.J.S.A. 52:270-192 et seq.) or the New Jersey Uniform Fire Code (N.J.AC. 5:70.1 et seq.) which pertains to this chapter shall be enforced by the Fire Prevention Bureau.
(2) 
The local law enforcement agency having jurisdiction shall assist the Fire Prevention Bureau in obtaining information on any vehicle in violation of this chapter. The Fire Prevention Bureau shall have the authority to have any vehicle found in violation of this chapter impounded at the expense of the vehicle owner.
B. 
All fire lane locations shall be recorded in a file maintained by the Fire Prevention Bureau and shall be made available for public inspection. Copies of said file shall also be located in the Borough Clerk's office, the Police Department and the Fire Department.
C. 
All curbs in a fire lane shall be painted exclusively with yellow traffic paint that meets the specifications for Type I pure drying yellow traffic paint for road and bridge construction of the New Jersey Department of Transportation. An approved plan and a color sample must be submitted to and approved by the Fire Prevention Bureau. Hash marks and curb markings may be used in lieu of signs as determined by the Fire Prevention Bureau.
(1) 
Whenever a fire lane is established on any property, the property owner shall erect, replace, repair and maintain all fire lane signs and markings on said property as specified in this section and by the Fire Prevention Bureau. The property owner shall have 15 days to comply with this section upon proper notice by the Fire Prevention Bureau. Said notice shall contain a copy of this section.
(2) 
The underside of any sign erected on a post shall be at least seven feet from the ground or pavement. The underside of any sign mounted on a building shall be six feet from the ground or pavement. The spacing between signs shall be determined by the Fire Prevention Bureau. All signs, posts and foundations shall be constructed to hold signs and posts in a proper and permanent position. Signs shall be mounted to resist swaying in the wind or displacement by vandalism. Sign dimensions shall be 12 inches by 18 inches. Signs shall be white and reflective, and all lettering shall be red and reflective. The words "NO PARKING" shall be 7.5 inches in height, and the words "FIRE LANE" shall be five inches in height.

§ 107-16 Violations and penalties.

The Fire Prevention Bureau shall have the authority to issue any fine, penalty or enforcement action as provided for in the Uniform Fire Safety Act or the New Jersey Uniform Fire Code. Unless another fine, penalty or enforcement action is expressly provided for by the aforementioned laws, any person who violates any provision of this chapter shall be issued the following fines:
A. 
First offense: $35.
B. 
Second offense: $100.
C. 
Third offense: $250.
D. 
Fourth offense: $500, and the vehicle shall be impounded at the owner's expense.

§ 107-17 Salary of Fire Official.

The salary of the Fire Official shall be fixed from time to time by the Mayor and Council and shall be included within the Salary Ordinance of the Borough of Folsom.

§ 107-18 Severability; when effective.

All ordinances and parts of ordinances not inconsistent herewith shall remain in effect. If any provision of this chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the chapter as a whole or any other part hereof. This chapter shall take effect upon final passage and publication according to law.