[HISTORY: Adopted by the Township Council
of the Township of Manchester as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 91-134 (Sec. 15-5 of the 1996 Revised
General Ordinances)]
The Township Council is concerned with the occurrence
of fires in industrial plants, warehouses and commercial facilities
within the Township of Manchester, where the fire hazards of materials
stored therein may not be readily apparent. In order to safeguard
the lives of our firefighters and citizens, and to promote the public
safety and welfare, it has become necessary to adopt a system of readily
recognizable and easily understood markings which will give at a glance
a general idea of the inherent hazards of any materials and the order
or severity of these hazards as they relate to fire prevention, exposure
and control. A material identification system is necessary in order
to give basic information to fire-fighting personnel to enable them
to decide better whether to evacuate the area or to fight the fire,
and will guide them in the solution of fire-fighting techniques and
protective measure.
There is hereby adopted by the Township of Manchester,
by reference, the "Fire Protection Guide to Hazardous Materials,"
the most recent edition, prepared by the National Fire Protection
Association, Batterymarch Park, Quincy, Massachusetts, which includes
the System for the Identification of the Hazards of Materials for
Emergency Response (NFPA 704), Hazardous Chemical Data (NFPA 49),
and Manual of Hazardous Chemical Reactions (NFPA 491), copies of which
shall be on file in the Fire Prevention Bureau for public reference.
[Amended by Ord. No. 02-008]
This article shall govern the identification
of material within any structure classified as a life hazard use as
defined by N.J.A.C. 5:70-1.5 and/or as a use requiring a permit, as
described by N.J.A.C. 5:70-2.4 of the Uniform Fire Code of the State
of New Jersey or any location as required by the Fire Marshal.
[Amended by Ord. No. 02-008]
[Amended by Ord. No. 02-008]
A.
NFPA 704 System for the Identification of the Hazards
of Materials for Emergency Response provides a simple system of readily
recognizable and easily understood markings which will give, at a
glance, a general idea of the inherent hazards of any material, and
the order of severity of these hazards as they relate to fire prevention,
exposure and control. Its objectives are to provide an appropriate
signal or alert, and on-the-spot information to safeguard the lives
of both public and private fire fighter personnel during emergencies.[1]
(1)
This system identifies the hazards of a material in
terms of three principal categories, namely "Health," "Flammability,"
and "Reactivity (Instability)," and indicates the order of severity
numerically by five division ranging from "Four," indicating a severe
hazard, to "Zero," indicating no special hazard. This information
is presented by a spatial system of a figure with a "diamond" shape
with "Health" always being to the left: "Flammability" at the top;
and "Reactivity (Instability)" on the right. Example of spatial arrangement
are shown in Appendix A, Page 8, of NFPA 704. Supplementing the spatial
arrangements, colored backgrounds or numbers are used for the three
categories: Blue for "Health" hazard; Red for "Flammability"; and
Yellow for "Reactivity (Instability)." The fourth space in the diagram
shall be used to indicate unusual reactivity with water, radioactivity,
proper fire-extinguishing agent, or protective equipment required
in case of fire or other emergency.
B.
The lock box material safety data sheet system.
(1)
The lock box is a key vault which is mounted on the
structure and is accessible by a master key retained by the Fire Department.
The lock box style denominated as "key vault storage container" is
capable of retaining a floor plan of the structure, indicating the
location of hazardous materials, location of fire sprinkler service
valves, location of utilities, fire alarm annunciator panel, emergency
phone numbers, Material Safety Data Sheets (MSDS), and any other information
as required by the Fire Marshal.
(2)
The Material Safety Data Sheet (MSDS), required to
be made available by the supplier of materials by the U.S. Department
of Labor, Occupational Safety and Health Administration, contains
the following information: identification of the material; physical
data; fire and explosion hazard data; reactivity data; First Aid procedures
and physician's notes; special handling information; special precautions,
and additional information; and hazardous ingredients.
(3)
Where the lock box - MSDS System is required by the
Fire Marshal, the person(s) responsible shall install a key-vault
storage container in the interior of the structure; in the alternative,
a key-vault storage container shall be installed in a weatherproof
housing on the exterior of the structure.
(4)
All installation locations shall be approved by the
Fire Marshal. The key-vault storage container shall be accessible
to the person(s) responsible for updating the information enclosed
within. The contents of the storage container shall be approved by
the Fire Marshal.
Any person, partnership, corporation or agent or manager thereof, owning, possessing, controlling, responsible for or in charge of the use, manufacture, storage or presence, within the Township of Manchester, of any materials defined in § 223-3, shall identify and label the materials pursuant to the provisions of this article and the National Fire Protection Association standards adopted by reference herein within 24 hours of the presence of the materials in the Township.
Any person violating any provision of this article
shall be subject to a fine which shall not exceed $2,000, 90 days'
imprisonment and/or a period of community service for not more than
90 days, for each offense.
This article shall not be construed so as to
permit within the Township, or any zone thereof, the presence of any
materials prohibited by any other ordinances of the Township.
[Adopted by Ord. No. 94-219 (Sec. 3-2 of the 1996 Revised General
Ordinances)]
A motor vehicle which contains a Class A, B,
or C explosive, or chemical and hazardous materials as defined below
must not be parked under any of the following circumstances:
A.
On or within five feet of the traveled portion of
a public street or highway;
B.
On private property within 300 feet of any structure,
building, dwelling or residence;
C.
Within 300 feet of any place where people are working,
congregating or assembling, except for brief periods when the necessities
of operation require that vehicle to be parked and make it impracticable
to park the vehicles in any other place.
As used in this article, the following terms
shall have the meanings indicated:
Regulated or nonregulated substance, solid, liquid or gas,
natural or man-made, including petroleum products that when released
is capable of creating harm to people, the environment, and property.
A substance possessing the ability to detonate or otherwise
create a maximum hazard such as dynamite, nitroglycerine, picric acid,
lead acids, fulminate of mercury, black powder, blasting caps and
detonating primers.
One which possesses a flammable hazard such as a propellant
explosive including some smokeless propellants, photographic flash
powders, and some special fireworks.
One which contains certain types of manufactured articles
which contain Class A or Class B explosive, or both as components
but in restricted quantities.
Any person who violates any provision of this
article shall be subject to a fine up to $500 for the first offense,
and for a second offense, a fine up to $2,000, 90 days' imprisonment
and/or a period of community service for not more than 90 days.
Any vehicle or trailer parked in violation of this article on the streets of Manchester Township may be removed from the street by the Township of Manchester or its agents. The cost of removal shall be paid to the municipality or its agents by the owner at such time as the owner shall claim the vehicle. Any fees or costs assessed under this section may be in addition to any penalty imposed under § 223-11, Violations and penalties, of this article.
