[HISTORY: Adopted by the Township Council
of the Township of Lower as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 39.
Alarm systems — See Ch. 153.
Unfit buildings — See Ch. 206.
Uniform construction codes — See Ch. 235.
Electrical standards — See Ch. 291.
Fire control measures — See Ch. 313.
Fire districts — See Ch. 318.
Tampering with fire-fighting equipment — See Ch. 324.
Fire hydrants — See Ch. 330.
Fire insurance claims — See Ch. 333.
Fire zones, lanes and areas — See Ch. 345.
[Adopted 11-6-2023 by Ord. No. 2023-20][1]
[1]
Editor's Note: This ordinance also repealed former Art. I,
BOCA Basic Fire Prevention Code, adopted by Ord. No. 78-100, as amended.
The New Jersey Uniform Fire Code, N.J.A.C. 5:70, 5:71, 5:72,
5:73 and 5:75 et seq., and all amendments and supplements thereto,
is hereby adopted by the Township of Lower for the purpose of establishing
a system for the enforcement of minimum fire safety standards throughout
the Township of Lower as mandated by the State of New Jersey, so as
to improve the safety of the public by promoting the control of fire
hazards. The standards, rules and regulations set forth in the code
shall be and the same are hereby incorporated in this chapter, three
copies of which have been and are now on file in the office of the
Fire Bureau. The Township of Lower shall recognize and hereby adopt
the standards of the National Fire Protection Association Code, and
supplements and amendments thereto, which the Bureau of Fire Safety
may refer to in the enforcement of this chapter. The above-referenced
codes are incorporated herein by reference as if set forth at length.
The enforcement authority for the Township of Lower, as specified
in the Uniform Fire Safety Act (P.L. 1983, c. 383: N.J.S.A. 52:27D-203),
and as such code is hereinafter amended and supplemented, shall be
as follows:
A.
The Board of Fire Commissioners shall select and appoint certain
personnel from each fire district whose names will be promulgated
and registered with the Clerk of the Township of Lower for each calendar
year.
C.
This chapter shall be enforced by the Joint Board of Fire Commissioners
of the Township of Lower, County of Cape May and State of New Jersey,
which shall be known for the purposes of the Act as the "Bureau of
Fire Safety." A Bureau of Fire Safety shall herein be established
within the Joint Board to enforce the Uniform Fire Safety Act and
the codes and regulations adopted under it in all buildings, structures
and premises within the Township of Lower, other than owner-occupied
one- and two-family dwellings, and shall faithfully comply with the
requirements of the Uniform Fire Code.[2] In addition, the Bureau of Fire Safety shall be charged
with the duties of enforcement of such other ordinances and rules
and regulations that pertain to fire prevention and control. The Bureau
of Fire Safety shall carry out the periodic inspection of life-hazard
uses required by the Uniform Fire Code.
[2]
See N.J.A.C. 5:70-1.1 et seq.
The Township of Lower fire prevention officials designated in § 340-2 above shall, in consultation with the Township Fire Official and with the advice and consent of the Township Council, promulgate the amount or amounts of all fees permitted under said Uniform Fire Code deemed necessary by them.
Three copies of the Uniform Fire Code shall remain on file in
the Township of Lower Bureau of Fire Safety office.
If any future revision of the Uniform Fire Code is unacceptable to the Township Council, the Township Council shall specifically revoke the provisions of this article that incorporate those revisions automatically or else said revisions shall upon their lawful passage be incorporated in the terms of this article, in accordance with § 340-1.
[Adopted by Ord. No. 90-5 (Sec. 11-5 of the 1975 Code)]
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the County Construction Board
of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208, respectively.
[Amended by Ord. No. 95-33; Ord. No. 2002-2;
Ord. No. 2002-29; 2-18-2004 by Ord. No. 2004-4; 3-19-2007 by Ord. No.
2007-04; 12-17-2007 by Ord. No. 2007-18; 2-7-2011 by Ord. No.
2011-03; 2-5-2018 by Ord. No. 2018-02; 11-6-2023 by Ord. No. 2023-20; 12-18-2023 by Ord. No. 2023-21]
A.
In addition to the inspections and fees required pursuant to the
Fire Safety Act[1] and the regulations of the Department of Community Affairs,
the following additional inspections and fees for those uses not defined
as life-hazard uses shall be required. The following buildings, uses
and premises contained in this section, other than those that are
incidental or auxiliary to the agricultural use of farm property,
are subject to registration and periodic inspection requirements as
hereby established. Where two or more of the same use or different
uses exist at the same building or premises, each one shall be considered
separate and distinct for the purpose of this section and shall be
registered pursuant thereto.
[1]
See N.J.S.A. 52:27D-192 et seq.
B.
Uses.
(2)
If there is a business use, as defined above, where there is more
than one tenant, same would result in the use of the schedule hereinafter
noted, with the sole exception that an additional fee of $20 per tenant
would be charged in each instance.
(3)
Where the building or structure has more than one use which may include
a business use as defined above, then each individual use shall be
subject to the appropriate fee as set forth in this section.
(4)
Mercantile uses as defined in the latest edition of the NJ Uniform
Fire Code shall be subject to the registration fee as set forth in
the schedule hereinafter noted.
(5)
Storage buildings as defined in the latest edition of the NJ Uniform
Fire Code shall be subject to the registration fee as set forth in
the schedule herein noted.
(6)
Factory and industrial uses as defined in the latest edition of the
NJ Uniform Fire Code shall be subject to the registration fee as set
forth in the schedule hereinafter noted.
(7)
Residential use groups as defined in the latest edition of the NJ
Uniform Fire Code shall be subject to the registration fee as set
forth in the schedule hereinafter noted.
(8)
Uses not classified above will be classified as business uses.
(9)
Where more than one additional use exists under the ownership at
a given location, the highest use shall be registered at full fee
and subsequent use at 3/4 of the scheduled fee.
|
Total Gross Floor Area Including Basement
(square feet)
|
Registration Fees
|
|---|---|
|
0 to 1,000
|
$115
|
|
1,001 to 2,000
|
$125
|
|
2,001 to 3,000
|
$135
|
|
3,001 to 4,000
|
$145
|
|
4,001 to 5,000
|
$150
|
|
5,001 to 6,000
|
$160
|
|
6,001 to 7,000
|
$165
|
|
7,001 to 7,500
|
$185
|
|
7,501 to 8,000
|
$220
|
|
8,001 to 9,000
|
$245
|
|
9,001 to 9,500
|
$270
|
|
9,501 to 10,500
|
$305
|
|
10,501 to 11,500
|
$335
|
|
11,501 to 12,000
|
$345
|
|
For an additional 1,000 square feet or more, the registration
fee is an additional $35.
| |
(10)
For eating and drinking establishments/assembly uses with less
than 50 occupants, the fee shall be $120.
(11)
For motels and motels with 100 rooms or less and not defined
as life-hazard uses, the fee shall be $180.
(12)
For buildings for the purpose of amusement, entertainment, recreation,
strip malls, shopping centers and health spas which are not defined
as a life-hazard use, the fee shall be $190.
(13)
The fee for multidwelling units with three dwelling units or
more shall be $85 and $25 for each additional dwelling unit.
(14)
The fee for marina inspections shall be $115.
(15)
The Bureau of Fire Safety shall, upon the sale of any property,
conduct a fire inspection prior to the date of settlement. For the
sale of properties, the fee shall be $130. This $130 fee shall include
the sale of property inspection applications received in the Fire
Bureau office more than 10 working days from the settlement date.
The fee associated with all sale of property inspection applications
received in the Fire Bureau office with less than 10 working days
to settlement shall be $260.
(16)
For rental properties, the fee shall be $130 per unit. This
$130 inspection fee shall include campground and mobile home park
rental units, including but not limited to houses, cabins and trailers
to be used for dwelling purposes. All seasonal/vacation and year-round
rental properties shall be inspected one time per calendar year. All
seasonal/vacation rentals must pass inspection prior to the start
of the rental season (June 1) in any given calendar year. For all
rentals, including one- and two-family dwelling units, the Lower Township
Bureau of Fire Safety shall conduct a fire inspection one time per
calendar year.
(a)
This fire inspection shall be for the purposes of:
[1]
Establishing that the occupancy has not been changed unless
the structure has been upgraded to the new use as required under N.J.A.C.
5:23-2.6(b), Change of use.
[2]
Ensuring that the property is in compliance with the New Jersey
Uniform Fire Code, N.J.A.C. 5:70-4.19, and other fire safety requirements.
[3]
Ensuring that the required fire extinguisher is properly located
within the property and is maintained as per National Fire Protection
Association Standard No. 10.
[4]
Ensuring that any heat-producing device is inspected and certified
safe by a professional prior to the Fire Bureau inspection.
[5]
Ensuring that hood protection is being provided under combustible
cabinets that are installed directly over cooking appliances.
(b)
There shall be a penalty of not less than $500 nor more than
$2,000 for any rental property not registered and inspected as required
by this article.
(17)
In the event the Lower Township Bureau of Fire Safety is required
to reinspect a sale property or rental property for a continuing violation
two or more times, there will be an additional reinspection fee of
$65 per reinspection beginning with the third reinspection and in
connection with any and all subsequent reinspections thereafter.
(18)
All uses listed in the aforementioned schedule shall be inspected
annually for compliance with the provisions of this section and the
New Jersey Uniform Fire Code, unless otherwise exempted herein.
[Amended by Ord. No. 95-33; Ord. No. 2002-2; Ord. No. 2002-29; 12-17-2007 by Ord. No. 2007-18; 2-5-2018 by Ord. No. 2018-02; 12-18-2023 by Ord. No. 2023-21]
Fire safety permit fees shall be as follows:
There is hereby adopted by the Township of Lower
National Fire Protection Association Code Number 54, the National
Fuel Gas Code, and National Fire Protection Association Standard 58,
the Standard for the Storage and Handling of Liquefied Petroleum Gases.
[Added by Ord. No. 91-6; amended 4-21-2008 by Ord. No. 2008-08]
A.
All penalties as indicated in the New Jersey Administrative Code, Title 5, Chapters 18 and 18B (Uniform Fire Code), shall be adopted for the purpose of enforcing § 340-13B(1) through (13) and § 340-13B(15) of this article.
B.
Any owner or his designated agent who fails to register and/or have an inspection of a rental property and/or sale of property as stated in § 340-13B(14) of this article shall be subject to a penalty of $500 or imprisonment for not more than 90 days, or both.
C.
Failure to pay a required registration fee on time
is a violation of this section. A penalty of the amount equal to the
amount of the unpaid fee shall be assessed.
D.
Where a premises has violations relative to the Uniform
Fire Safety Act after notice from the Bureau of Fire Safety concerning
violations and there is a failure to abate the violations within 60
days from said notice or any extension of time to abate violations,
the Bureau of Fire Safety shall post a notice at all entrances to
the premises stating that the premises is in violation of the Uniform
Fire Safety Act and the posted notices shall remain until the violations
are abated. Any removal of the notices by the owner, agent or occupant
shall be subject to a penalty of $500 or imprisonment for not more
than 90 days, or both. The form of notice shall be determined by the
Fire Official.
[Added 2-23-2011 by Ord.
No. 2011-05]
A.
The Bureau
of Fire Safety shall inspect fireworks being loaded onto barges or
vessels in the Township of Lower. Said inspection shall include but
not be limited to: all preloading site inspections, United-States-Coast-Guard-required
port and barge inspections, equipment storage and loading, storage
and handling of explosive materials.
B.
A Type
3 permit is required by the Lower Township Bureau of Fire Safety,
as well as a standby fee of $50 per hour, with $300 payable upon application.
Said fee in excess of $300 must be paid to the Bureau of Fire Safety
within five business days following the event.
C.
Said permit
fee and a Bureau of Fire Safety Personnel Standby contract must be
executed 15 days prior to each event.
D.
Site security
must be provided by the Lower Township Police Department at the expense
of the permit applicant.
E.
The Bureau
of Fire Safety may prevent the loading of fireworks onto a barge or
vessel in the Township of Lower if any of the applicable codes, standards
or general safety practices are not in compliance, or if any unsafe
act is committed.
[Added 3-20-2017 by Ord.
No. 2017-02]
A.
The following structures shall be equipped with a key box installed
at a location that is approved by the Fire Official, which shall be
at the main entrance or such other location or locations as required
by the Fire Official:
(1)
Residential rental properties protected by an automatic alarm system
or automatic suppression system, or such structures that are secured
in a manner that restricts access during an emergency.
(2)
Commercial and industrial structures protected by an automatic alarm
system or automatic suppression system, or such structures that are
secured in a manner that restricts access during an emergency.
(3)
Multidwelling unit structures that have restricted access through
locked doors and have a common corridor for access to the dwelling
units.
(4)
Government owned structures, assisted living or nursing care facilities.
(5)
Other structures, including but not limited to: airport hangers,
gated nature trails, gated sportsman's clubs, water towers, solar
fields or utility enclosures, educational facilities (public and private)
and places of worship that have been determined to be secured in a
manner that restricts access during an emergency.
B.
The owner of the structure shall be responsible for the cost of installation
and maintenance of the key box. For the purpose of this section, "owner"
shall mean the individual or legal entity holding title to the structure
or the property upon which the structure is located. In the case of
a condominium, the "owner" shall mean the condominium association
or, in the event there is no condominium association, the "owner"
shall mean all of the condominium owners collectively.
C.
All newly constructed structures subject to this section shall have
the key box installed and operational prior to the issuance of a certificate
of occupancy. All structures in existence on the effective date of
this section and subject to this section shall have 180 days from
the effective date of this section to have a key box installed and
operational.
D.
As used in this section, the term "key box" shall mean a type of
key lock box system capable of storing keys for the purposes set forth
in this section, the exact type and manufacturer of which shall be
approved by the Fire Official.
E.
The owner or operator of a structure required to have a key box shall,
at all times, keep a key or keys in the key box that will allow for
access to all points of egress capable of being locked, whether on
the interior or exterior of the structure, mechanical equipment rooms,
electrical rooms, elevator controls, fenced or secured areas, or any
other room, enclosure or area as required by the Fire Official.
F.
The Fire Official is authorized to promulgate administrative rules,
regulations and procedures to further the purposes of this section
and to file same with the Township Clerk.
G.
For the violation of any provision of this section, the maximum penalty,
upon conviction of the violation, shall be a fine of not less than
$100. Each day that violation of any provision of this section exists
shall be deemed a separate offense.
H.
This section shall not apply to owner-occupied one- and two-family
dwellings.
