[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 14-85 (Ch. XVI of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, C. 383),[1] the New Jersey Uniform Fire Code shall be enforced locally
in the Borough of Red Bank, County of Monmouth, New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
Office of the Red Bank Fire Marshal to enforce:
[Amended by Ord. No. 2005-7]
A.
The Office of the Red Bank Fire Marshal 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 Borough of Red Bank, and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code.
B.
The Uniform Fire Safety Act and the Uniform Fire Code, as adopted
by the State of New Jersey, are automatically in effect in all municipalities
and need not be specifically adopted by the Borough of Red Bank, County
of Monmouth, New Jersey.
C.
[1]The Fire Marshal shall serve as the Fire Official.
[1]
Editor’s Note: Former Subsection C, which stated that
the Fire Marshal’s previous duties were not eliminated by the
adoption of this chapter, was repealed 12-27-2017 by Ord. No. 2017-42.
This ordinance also redesignated Subsection D as Subsection C.
The Office of the Fire Marshal, established as the local enforcing agency by § 361-2 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 the New Jersey Department of Community Affairs.
[Amended 12-27-2017 by Ord. No. 2017-42]
The Office of the Red Bank Fire Marshal established as the local enforcing agency under § 361-2 of this chapter and shall be under the direct supervision and control of the Borough Administrator.
[Amended by Ord. No. 2005-7]
A.
Appointment of Fire Official.
(1)
The local enforcing agency designated under § 361-2 of this chapter as the Office of the Fire Marshal shall be under the direct supervision of the Fire Marshal, who shall be licensed as a Fire Subcode Official pursuant to the State Uniform Construction Code Act (P.L. 1975, C. 217)[1] and shall be the Fire Official appointed pursuant to the
State Uniform Fire Safety Act (P.L. 1983, C. 383).[2]
(4)
The Fire Marshal and other employees in the local enforcing agency
shall be required to obtain the required certifications to enforce
the Uniform Fire Code from the New Jersey Department of Community
Affairs.
B.
Terms of office.
(1)
The Fire Marshal shall serve for a term of four years. Any vacancy
shall be filled for the unexpired term.
C.
Removal from office. The Fire Marshal in his or her capacity under
this chapter may be removed from office under the provisions of the
Policies and Procedures Manual of the Borough of Red Bank, adopted
June 9, 1982.
[Amended 2-13-2019 by Ord. No. 2019-01]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the Office of Fire
Marshal shall have the right to appeal to the Construction Board of
Appeals of the County of Monmouth, New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
[Amended by Ord. No. 2005-7; 10-23-2006 by Ord. No. 2006-51; 12-27-2017 by Ord. No. 2017-42; 2-13-2019 by Ord. No. 2019-04; 10-23-2019 by Ord.
No. 2019-67]
In addition to the inspections and fees required pursuant to
the Uniform Fire Safety Act (P.L. 1983, c. 383) and the regulations
promulgated thereof, the following additional registration and/or
inspection fees shall be required for all premises except life hazard
uses as defined in Subchapter 2 of the New Jersey Uniform Fire Code
(N.J.A.C. 5:70-2.4 et seq.). All inspections shall be conducted at
least once every three years, unless otherwise specified. Measurements
shall be the exterior of the building, and shall include the total
square footage of all occupied areas on all floors.
B.
Factories, assembly plants, wood and metal work shops, and other
operations employing machinery or processes, shall be inspected annually
with a fee schedule as follows:
G.
The minimum registration and/or inspection fee for any required or
requested inspection, unless specifically modified herein, shall be
$50.
I.
Fire suppression costs. Pursuant to N.J.A.C. 5:70-2.17(a) et seq.,
and/or where the Fire Marshal determines that a "fire watch" or "Fire
Department Standby" is necessary for the protection of the public,
the cost of such fire suppression, "fire watch" or Fire Department
standby activities shall be determined as follows:
(1)
Apparatus: $75 per hour/each vehicle.
(2)
Manpower: $35 per hour per firefighter.
[Amended 6-12-2013 by Ord. No. 2013-6]
(3)
Extinguishing agent: actual replacement cost of agent expended.
(4)
Broken tools, equipment: cost of replacement.
(5)
Breathing air: $15 per bottle.
(6)
Other costs: actual costs incurred.
J.
Special events. When determined by the Fire Marshal to be necessary
for the purpose of public safety to have a Fire Inspector present
during special events, the owner, operator, organizer, sponsor, person,
or organization responsible for said event shall pay the cost of said
inspector for the duration of the event.
K.
Certificate of smoke detector and carbon monoxide alarm compliance
(CSDCMAC). The application fee for a certificate of smoke detector
and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C.
5:70-2.3, shall be based upon the amount of time remaining before
the change of occupant is expected, as follows:
(1)
Requests
for CSDCMAC received more than 10 business days prior to the change
of occupant: $100;
(2)
Requests
for a CSDCMAC received four to 10 business days prior to the change
of occupant: $125; and
(3)
Requests
for a CSDCMAC received fewer than four business days prior to change
of occupant: $150.
[Amended by Ord. No. 2005-7]
[Amended by Ord. No. 2005-7; 10-23-2006 by Ord. No. 2006-51; 6-12-2013 by Ord. No. 2013-6; 9-28-2016 by Ord. No. 2016-19]
The following technical amendments refer to local amendments,
deletions or changes to Subchapter 3, State Fire Prevention Code,
including all subsequent revisions and amendments thereto adopted
as the State Fire Prevention Code under N.J.A.C. 5:710-2.8(a).
A.
The following sections are amended:
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F-503.3.1
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Marking of Fire Apparatus Access Roads. The marking
of fire lanes and/or fire apparatus access roads shall be the responsibility
of, and at the expense of, the property owner and shall be accomplished
within 30 days of the receipt of the notification. Fire lanes and
fire apparatus access roads shall be marked and identified in a manner
as prescribed by the Fire Official.
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F-503.4.1
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Vehicle Removal. It shall be a violation of this
code for any person to park a motor vehicle in or otherwise to obstruct
a fire lane. Vehicles found parked in a fire lane shall be removed
at the vehicle owner's expense.
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F-503.4.2
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Enforcement. The Fire Official and the Police Department
of the Borough of Red Bank shall be empowered and have concurrent
jurisdiction to enforce Section F-503.4.1 through the issuance of
Municipal Court Summons.
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F-503.4.3
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Penalties. Violation of Section F-503.4.1 shall
be punishable by a fine of not less than $100 for the first offense
and not less than $250 for repeated offenses.
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B.
Add new Section F-901.5.2:
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F-901.5.2
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Service Contracts. The owner of a premises which
contains a required fire-suppression system, fire alarm system, standpipe
system, or fire pump, shall annually provide the Fire Official with
a copy of a service contract for the system or systems for the ensuing
year. The service contracts shall be with the manufacturer or an authorized
installation or maintenance company. Failure to maintain a service
contract or to provide a copy of same to the Fire Official shall be
a violation of this code.
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C.
The following sections are added:
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F-916
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Fire Alarm Activations. Activations of fire alarm
systems, which result in the response of the Fire Department, when
no fire or other emergency exists, shall be deemed a violation of
this code and shall be punishable as follows:
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F-916.1
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Each accidental activation of a fire alarm system by an alarm
service employee, or representative, upon the second occurrence, without
first notification to the Fire Official, Fire Department or Police
Dispatcher, shall be punishable by a penalty of not less than $100.
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F-916.2
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Each activation or malfunction of an alarm system or device
due to lack of action on the part of building personnel or management
shall, after the first malfunction of the same device, be subject
to a penalty of not less than $50 for the first and second offense,
and not less than $100 for each offense thereafter.
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F-916.3
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Failure to maintain a fire alarm system in a building where
it is required shall result in the issuance of a penalty of not less
than $500 per day, for each twenty-four-hour period said system is
not operational. When any fire alarm system or device becomes or is
found inoperative, a fire alarm service company must be working to
restore said system or device to operational status within eight hours
of discovery, after which such penalty shall be assessed.
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D.
Add new Section F-917, Special Protection Devices:
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F-917.1
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Fire Alarm Interconnection. In premises requiring
fire alarm systems, where in the opinion of the Fire Official, the
audible or visible alarm devices are not likely to be heard or recognized
by the occupants, due to amplified music, theatrical lighting, or
other such systems. The Fire Official may require interconnection
of such systems with the fire alarm system, so that activation of
the fire alarm system will result in shut down of any system which
masks or otherwise interferes with the audible or visual alarm notification
appliances.
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F-917.2
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Outside Strobes. In all buildings requiring a fire
department connection, or in complexes with more than one building,
the Fire Official may require the installation of an outside audible
and visual notification appliance, so that the building, or fire department
connection location, is readily apparent to responding fire apparatus.
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Exception: Buildings and structures built or rehabilitated in
complete compliance with the New Jersey Uniform Construction Code.
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E.
Add new Section F-2211.5.1:
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F-3206.10
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Fuel Tank Removal. The removal or draining of fuel
tanks from fuel-powered vehicles or equipment shall not be permitted
within a building. Fuel tank removal or draining operations must be
conducted outdoors.
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