[1974 Code § 81A-1; Ord. No. 93-8; Ord. No. 2017-42-OAB]
Pursuant to N.J.S.A. 52:27D-202, the New Jersey Fire Code shall
be locally enforced in the Township of Berkeley.
[1974 Code § 81A-2; Ord. No. 93-8; Ord. No. 2016-05-OAB § 10; Ord. No. 2017-42-OAB]
The local enforcing agency shall:
a.
Be the Department of Planning and Community Development through its
Bureau of Fire Prevention, which is hereby created therein.
b.
Enforce the New Jersey Uniform Fire Code in all buildings, structures
and premises within the established boundaries of the Township, other
than owner-occupied buildings used exclusively for dwelling purposes
and containing fewer than three dwelling units, or buildings, structures
and premises owned or operated by the State, interstate agencies or
the Federal government.
c.
Faithfully comply with all the requirements of the Uniform Fire Safety
Act and the Uniform Fire Code (N.J.S.A 52:27D-192).
[1974 Code § 81A-3; Ord. No. 93-8; Ord. No. 2016-05-OAB § 10; Ord. No. 2017-42-OAB]
b.
Be under the direct supervision and control of the Fire Official,
who shall be certified by the Department of Community Affairs. The
Fire Official shall report to the Business Administrator on budgetary
and personnel matters.
c.
The Fire Official shall serve for a term of one year. Any vacancy
shall be filled for the unexpired term.
[1974 Code § 81A-4; Ord. No. 93-8; Ord. No. 2017-42-OAB]
The Bureau of Fire Prevention established by Subsection 13-1.2 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
[1974 Code § 81A-5; Ord. No. 93-8; Ord. No. 95-28; Ord. No. 2017-42-OAB]
The Bureau of Fire Prevention established by Subsection 13-1.2 shall accept responsibility for cyclical inspections and enforcement of the Uniform Fire Code in hotels and multifamily dwellings that are not life hazard uses on an annual basis.
[1974 Code § 81A-6; Ord. No. 93-8; Ord. No. 95-28; Ord. No. 94-18; Ord. No.
2017-42-OAB]
[1974 Code § 81A-8; Ord. No. 93-8; Ord. No. 96-19; Ord. No. 2017-42-OAB; amended 4-27-2020 by Ord. No. 20-17-OAB]
a.
In addition to the inspections and fees required pursuant to the
Act 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 building uses
and premises contained in this section are subject to registration
and periodic inspection requirements as here established.
1.
Uses.
(a)
Use Group A-1-A: as defined in Section 5:70-1.5, Definitions,
of the New Jersey Uniform Fire Code.
(b)
Use Group A-1-B: as defined in Section 5:70-1.5, Definitions,
of the Code.
(c)
Use Group A-2: as defined in Section 5:70-1.5, Definitions,
of the Code.
(d)
Use Group A-3: as defined in Section 5:70-1.5, Definitions,
of the Code.
(e)
Use Group A-4: as defined in Section 5:70-1.5, Definitions,
of the Code, shall be exempt from fees only.
(f)
Use Group A-5: as defined in Section 5:70-1.5, Definitions,
of the Code.
(g)
Use Group B: as defined in Section 5:70-1.5, Definitions, of
the Code.
(h)
Use Group E: as defined in Section 5:70-1.5, Definitions, of
the Code.
(i)
Use Group F: as defined in Section 5:70-1.5, Definitions, of
the Code.
(j)
Use Group H: as defined in Section 5:70-1.5, Definitions, of
the Code.
(k)
Use Group I-1: as defined in Section 5:70-1.5, Definitions,
of the Code.
(l)
Use Group I-2: as defined in Section 5:70-1.5, Definitions,
of the Code.
(m)
Use Group I: as defined in Section 5:70-1.5, Definitions, of
the Code.
(n)
Use Group M: as defined in Section 5:70-1.5, Definitions, of
the Code.
(o)
Use Group S-1: as defined in Section 5:70-1.5, Definitions,
of the Code.
(p)
Use Group S-2: as defined in Section 5:70-1.5, Definitions,
of the Code.
b.
The above use groups shall be subject to the annual registration
fee as set forth in the Schedule below:
|
Square Footage, Total Gross Floor Area, Including Basement
|
Registration Fee
|
|---|---|
|
0 to 1,000
|
$40
|
|
1,001 to 2,000
|
$50
|
|
2,001 to 2,500
|
$55
|
|
2,501 to 3,500
|
$65
|
|
3,501 to 4,500
|
$80
|
|
4,501 to 5,000
|
$85
|
|
5,001 to 6,000
|
$90
|
|
6,001 to 7,000
|
$95
|
|
7,001 to 8,000
|
$105
|
|
8,001 to 9,000
|
$125
|
|
9,001 to 9,500
|
$135
|
|
9,501 to 10,500
|
$155
|
|
10,501 to 11,500
|
$175
|
|
11,501 to 12,000
|
$185
|
1.
For each additional 1,000 square feet or more, the registration fee
is an additional $15.
2.
Where the building or structure has more than one use or occupancy,
then each individual use or occupancy shall be subjected to the appropriate
fee as set forth in this section.
3.
All uses as listed in the aforementioned Schedule shall be inspected
annually for compliance with the provisions of the Uniform Fire Code.
[1974 Code § 81A-9; Ord. No. 93-8; Ord. No. 2017-42-OAB]
Pursuant to N.J.S.A. 52:27D-127, any person aggrieved by any
action of the local enforcing agency shall have the right to appeal
to the County Construction Board of Appeals.
[1974 Code § 81A-10; Ord. No. 93-8; Ord. No. 2017-42-OAB]
Enforcement, violations and penalties shall be in conformity
with the Uniform Fire Safety Act and the Uniform Fire Code.
[Added 8-20-2018 by Ord. No. 18-37-OAB]
a.
The Township of Berkeley recognizes the importance and need of providing
the Fire Department rapid entry into locked buildings. Delays in the
Fire Department gaining rapid entry reduces the occupants chance of
survival in a fire, the chances for substantial property damage increases
because of delays in gaining entry to the structure, and firefighter
safety and survival may be compromised because of said delays. Additionally,
delays in providing prompt prehospital care to the sick and injured
as a result of locked/secured structure may/will have a negative outcome
on patient recovery.
b.
To assist the Fire Department in gaining entry into locked/secured
facilities/structures, the Township of Berkeley hereby adopts a rapid
entry system ordinance utilizing the Knox-Box® rapid entry key box system.
As used in this article, the following terms shall have the
meanings indicated:
If the cumulative area of all floors of the addition or alteration
is 5% or more.
Any assembly of equipment, mechanical or electrical, device,
or series of devices, including, but not limited to, systems interconnected
via radio frequency signals, arranged or designed to signal an alarm
indicating fire, smoke, excessive heat, or sprinkler water flow in
the occupancy, by emitting or transmitting a remote or local audible,
visual, or electronic signal indicating an alarm condition and that
requires immediate attention and to which the Fire Department is expected
to respond. "Alarm systems" include devices activated automatically
such as fire, heat, or smoke detectors, water flow alarms and individual
emergency pull stations. "Alarm system" does not include:
Any building and/or structure which has an automatic fire-suppression
system or fire alarm system transmitting to a central or remote station
with the exception of one- and two-family residential dwellings, which
are not included.
The Township of Berkeley Fire Departments.
The Fire Official of the Township of Berkeley or his or her
designated representative.
The key maintained by the Fire Department that unlocks a
key box.
Any individual, corporation, partnership, association, organization,
or similar entity.
Any person who owns or controls the use of property in which
an alarm system is installed.
A device designed to safely secure keys, or other pertinent
facility access devices or information, for the use of emergency services
personnel to quickly gain access and entry into occupancy.
A consecutive twelve-month period within a calendar year.
a.
The following structures shall be equipped with a key lock box within
10 feet of the main entrance and no higher than six feet nor lower
than five feet from the ground level immediately to the installation
of the box, or such other location required by the Fire Official:
1.
All new commercial and industrial buildings. "Commercial and industrial
building" shall mean buildings where any industry, trade or business
is carried on or where any process or operation, directly or indirectly
related to any industry, trade or business, is carried on and where
any person is employed by another for direct or indirect gain or profit.
2.
All new multifamily residential structures comprised of four or more
units in which access to the building or common areas or mechanical
or electrical rooms within the building are denied through locked
doors.
3.
Any new or existing building or facility containing a quantity of
hazardous materials, which would require compliance with Title III
of SARA (Superfund Amendment Reauthorization Act).
4.
Any new governmental structures.
5.
Any new nursing care facilities.
6.
Any new educational facilities.
7.
Any new places of assembly.
8.
Any existing buildings of the same character as enumerated above
if:
b.
All newly constructed structures, including additions or alterations
subject to this article, shall have the key lock box installed and
operational prior to final inspection and occupancy.
c.
The owner or operator of a structure required to have a key lock
box shall at all times keep keys in the lock box that will allow for
access to the following:
d.
The Fire Official shall be authorized to implement rules and regulations
for the use of the lock box system.
The Fire Official shall prescribe specifications as to the recommended
rapid entry box and key system and location and shall be responsible
for the enforcement of the terms and conditions of this article.
a.
Any person, persons, corporation or partnership which violates any
provisions of this article shall be subject to a fine of not less
than $500 nor more than $1,000 or imprisonment for a term of 90 days,
or both, for each violation.
b.
All penalties as indicated in the New Jersey Administrative Code,
Title 5, Chapters 70 and 70B (Uniform Fire Code), shall be adopted
for the purpose of enforcing this section.
[Added 9-21-2020 by Ord. No. 20-33-OAB]
As used in this chapter, the following terms shall have the
meanings indicated:
Any device designed, when actuated, to produce or emit a
sound or transmit a signal or message for the purpose of alerting
others to the existence of an emergency situation requiring immediate
investigation by alarm, police, fire or other agent.
The activation of an alarm system by causes other than those
to which the alarm system was designated or intended to respond.
The volunteer fire company or companies located within the
Township of Berkeley.
The Township Fire Official, or a duly designated representative,
who shall be responsible for the enforcement of this chapter and any
administrative duties regarding the regulation and control of alarm
business, agents and systems in the Township.
All businesses having an alarm system must submit the names,
addresses and emergency numbers of person(s) to contact if the alarm
is activated to the Township alarm administrator, and shall update
and/or amend this list monthly. This list is confidential and shall
be used by the Police and/or Fire Department when necessary to make
contact due to official business.
a.
The Township alarm administrator shall keep a written record of all
false alarms which summon the Police Department or the Fire Department
to investigate.
b.
After five false alarms in any new calendar year, the alarm administrator
shall charge the owner or lessee of such alarm an administrative inspection
fee as outlined in Subsection 13-3-5.
a.
An alarm user may appeal the assessment of a fine to the alarm administrator.
The filing of an appeal with the alarm administrator stays the assessment
of the fine until the alarm administrator makes a final decision.
The alarm user shall file a written appeal to the alarm administrator
by setting forth the reasons for the appeal within 10 days after receipt
of the notice of a fine. The alarm administrator shall notify the
alarm user of his or her decision in writing within 20 days.
b.
A second level of appeal is available to the Township Administrator
in cases where the alarm user is not satisfied with the decision reached
at a lower level. The alarm user may appeal the decision of the alarm
administrator to the Township Administrator by filing a written request
for a review setting forth the reasons for the appeal within 20 days
after receipt of the appeal decision from the alarm administrator.
Filing of a request for appeal shall stay the fine until the Township
Administrator has completed the review. If a request for appeal is
not made within the twenty-day period, the prior action of the alarm
administrator is final.
c.
The Township Administrator shall consider the evidence submitted
by any interested person(s). The Township Administrator shall make
his/her decision on the basis of the preponderance of evidence presented.
The Township Administrator must render a decision within 30 days after
the request for an appeal is filed. The Township Administrator shall
affirm or reverse the assessment of the fine. The decision is final
as to administrative remedies of the municipality.
