[HISTORY: Adopted by the Township Committee
of the Township of Hampton 11-29-2004 by Ord. No. 2004-7[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 61, Fire Prevention, which chapter consisted
of Art. I, Adoption of BOCA Code, adopted 9-12-1978, as amended, and
Art. II, Uniform Fire Code, adopted 8-27-1985, as amended.
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 locally enforced in the Township of Hampton.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Hampton
Township Fire and Rescue Inc., 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."
A.
The local enforcing agency shall enforce the Uniform
Fire Code in all buildings, structures, and premises within the established
boundaries of the Township of Hampton other than one- and two-unit
owner-occupied dwellings used exclusively for dwelling purposes and
buildings, structures, and premises owned or operated by the federal
government, interstate agencies or the state.
B.
The local enforcing agency shall faithfully comply
with all the pertinent requirements of the Uniform Fire Safety Act
and the Uniform Fire Code.
A.
The Bureau of Fire Prevention established by § 61-2 of this chapter shall be under the direct supervision and control of a Fire Official who shall report to the Township Administrator.
[Amended 10-31-2017 by Ord. No. 2017-03]
B.
The Bureau of Fire Prevention shall have at least
one paid Fire Official and such paid Inspectors, as necessary.
A.
Appointment and qualifications of the Fire Official.
The Fire Official shall be certified by the state and appointed by
the governing body.
B.
Appointment and qualifications of inspectors and other
employees. Inspectors and other employees of the enforcing agency
shall be appointed by the governing body upon recommendations of the
Fire Official. 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.
Term of office. The Fire Official shall serve for
a term of a minimum of one year. Any vacancy shall he filled for the
unexpired term.
E.
Removal from office. The Fire Official, inspectors
and other employees of the agency shall be subject to removal by the
governing body for just cause. Before removal from office, all persons
shall be afforded an opportunity to be heard by the governing body
or a hearing officer designated by the same.
The Bureau of Fire Prevention established by § 61-2 of this chapter shall carry out the periodic inspections of life-hazard uses required b the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs and collect the fees established by the Uniform Fire Code.
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 at least
once every three years and pay the following fee for each inspection:
[Amended 1-31-2006 by Ord. No. 2006-2]
Use
|
Inspection Fee
| ||
---|---|---|---|
A Assembly
| |||
A-1
|
Eating establishment with fewer than 50 authorized
occupants
|
$25
| |
A-2
|
Take-out food service (no seating)
|
$25
| |
A-3
|
Places of worship
|
$25
| |
A-4
|
Recreation centers, multipurpose rooms, etc.,
with fewer than 50 authorized occupants
|
$50
| |
A-5
|
Senior citizen centers with fewer than 50 authorized
occupants
|
$50
| |
B Business/Professional
| |||
B-1
|
Professional use one- and two-story less than,
5,000 square feet per floor
|
$25
| |
B-2
|
One- and two-story, more than 5,000 square feet
and less than 10,000 square feet per floor
|
$50
| |
B-3
|
One- and two-story, more than10,000 square feet
|
$75
| |
B-4
|
Three- to five-story, less than 5,000 square
feet per floor
|
$100
| |
B-5
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet per floor
|
$150
| |
B-6
|
Three- to five-story, over 10,000 square feet
per floor
|
$200
| |
C Retail (mercantile)
| |||
M-1
|
One- and two-story, less than 5,000 square feet
per floor
|
$125
| |
M-2
|
One- and two-story, more than 5,000 square feet
and less than 12,000 square feet
|
$150
| |
M-3
|
Three- to five-story, less than 5,000 square
feet per floor
|
$200
| |
M-4
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet
|
$225
| |
Hardware stores and home improvement centers
of more than 3,000 square feet, and retail stores over 12,000 square
feet are life-hazard uses.
| |||
D Manufacturing (factory)
| |||
F-1
|
One- and two-story, less than 5,000 square feet
per floor
|
$75
| |
F-2
|
One- and two-story, more than 5,000 square feet
and less than 10,000 square feet per floor
|
$100
| |
F-3
|
One- and two-story, more than 10,000 square
feet
|
$150
| |
F-4
|
Three- to five-story, less than 5,000 square
feet per floor
|
$175
| |
F-5
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet
|
$200
| |
F-6
|
Three- to five-story, over 10,000 square feet
|
$250
| |
F exception life-hazard uses.
| |||
S Storage S-1 (moderate hazard S-1, low hazard
S-2)
| |||
S-1
|
One- and two-story, less than 5,000 square feet
per floor
|
$50
| |
S-2
|
One- and two-story, more than 5,000 square feet
and less than 10,000 square feet per floor
|
$100
| |
S-3
|
One- and two-story, more than 10,000 square
feet
|
$150
| |
S-4
|
Three- to five-story, less than 5,000 square
feet per floor
|
$175
| |
S-5
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet
|
$200
| |
S-6
|
Three- to five-story, over 10,000 square feet
|
$250
| |
S exception life-hazard uses.
| |||
F Residential (Regardless whether or not LEA
listed with multifamily BHI)
(Fee is for each building)
| |||
R-1
|
1 to 6 units
|
$25
| |
R-2
|
7 to 12 units
|
$50
| |
R-3
|
13 to 20 units
|
$75
| |
R-4
|
21 to 50 units
|
$100
| |
R-5
|
For each additional unit over 50 units
|
$2
| |
R Common areas (each building)
| |||
R-1
|
One- and two-story, less than 5,000 square feet
per floor
|
$50
| |
R-2
|
One- and two-story, more than 5,000 square feet
and less than 10,000 square feet per floor
|
$75
| |
R-3
|
One- and two-story, more than 10,000 square
feet
|
$100
| |
R-4
|
Three- to five-story, less than 5,000 square
feet per floor
|
$125
| |
R-5
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet
|
$150
| |
R-6
|
Three- to five-story, over 10,000 square feet
|
$200
| |
Common areas (LEA not listed with BHI) (each
building)
| |||
R-1
|
One- and two-story, less than 5,000 square feet
per floor
|
$50
| |
R-2
|
One- and two-story, more than 5,000 square feet
and less than 10,000 square feet per floor
|
$75
| |
R-3
|
One- and two-story, more than 10,000 square
feet
|
$100
| |
R-4
|
Three- to five-story, less than 5,000 square
feet per floor
|
$125
| |
R-5
|
Three- to five-story, more than 5,000 square
feet and less than 10,000 square feet
|
$150
| |
R-6
|
Three- to five-story, over 10,000 square feet
|
$200
|
B.
R(A) one- and two-family rental where owner does not
occupy shall be inspected and charged a fee every three years and
upon sale or change of tenant.
C.
Uses not classified above that are subject to the
Uniform Fire Code will be classified as business/professional uses.
D.
Uses required to register with the state as life-hazard
uses shall not be required to register under this section.
E.
In the discretion of the Fire Official, vacant buildings
will be charged and inspected according to the previous use of the
building.
A.
The application fees for the permits listed in N.J.A.C.
5:70-2.7(b) shall be as provided by state regulation.
B.
The fee for the issuance of a certificate of smoke
alarm, carbon monoxide alarm, and portable fire extinguisher compliance
(CSACMAPFEC) pursuant to N.J.A.C. 5:70-2.3 shall be $50. If the property
shall fail to comply on initial inspection, the fee for reinspection
shall be $40 for each reinspection needed to issue the certificate.
The property owner is responsible for applying for each reinspection.
[Amended 7-27-2021 by Ord. No. 2021-10]
[Added 9-24-2013 by Ord. No. 2013-04]
A.
The following structures shall be equipped with a key lock box at
or near the main entrance or such other location as required by the
Fire Official, Fire Chief, or Building Official:
(1)
Commercial or industrial structures.
(2)
Multifamily residential structures that have restricted access through
locked doors but have a common corridor for access to the living units
(3)
Schools, whether public or private.
(4)
Governmental structures and nursing care facilities unless the building
is staffed or open 24 hours.
B.
A1l new construction and new occupancies by tenants subject to § 61-9A shall have a key lock installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to § 61-9A shall have 15 months from enactment date of this section to have a key lock box installed and operational.
C.
In order to provide unity within the Township, the type of key lock
boxes to be implemented within the Township shall be a Knox-Box®
brand system.
D.
Installation.
(1)
The size and model of the Knox-Box® installed shall be determined
by the number of keys to be placed in the box and the specifications
set forth by the Knox-Box® manufacturer.
(2)
The number of keys in the Knox-Box® cannot exceed the maximum
number recommended by the box manufacturer.
(3)
All Knox-Boxes® shall be installed to the left side of the main
business door.
(4)
All Knox-Boxes® shall be mounted 60 inches from the ground.
(5)
In the event that the Knox-Box® cannot be installed at the aforesaid
location and/or height, the Fire Official, Fire Chief, or Building
Official may designate in writing a different location and installation
specifications.
(6)
All Knox-Boxes® may have a tamper switch installed in the building
as an intrusion/burglar alarm.
(7)
All realty and/or property with an electronic security gate shall
have the Knox-Box® installed OUTSIDE of the gate.
(8)
The Fire Official, Fire Chief, or Building Official must approve
any changes in the installation.
(9)
Purchase and installation of the Knox-Box® will be the sole responsibility
of the building owner.
E.
Maintenance. The operator of the building shall immediately notify
the Fire Official, Fire Chief, or Building Official when any locks
are added, changed or rekeyed which cannot currently be opened by
the current key set in the Knox-Box®. Additional keys should be
added to the Knox-Box® immediately.
F.
Contents of lock box. The contents of the lock box should include
(but not be limited to) the following:
(1)
Keys to locked points of ingress or egress, whether on the interior
or exterior of such buildings.
(2)
Keys to all mechanical rooms.
(3)
Keys to all locked electrical and utility rooms.
(4)
Keys to elevators and their control rooms.
(5)
Keys to the fire alarm panels and fire suppression systems.
(6)
Keys to reset pull stations or other fire protective devices.
(7)
Building access cards, as needed.
(8)
Keys to any other areas as requested by the Fire Official, Fire Chief,
or Building Official.
H.
Exceptions to requirement to install key lock box system. The following
structures are exempt from the mandate to install a key lock box system:
(1)
Single-family structures and multifamily structures that do not meet
the definition set forth in § 69-9.1A.
(2)
Structures that have twenty-four-hour, three-hundred-sixty-five-day
on-site security personnel, or have other personnel on site.
(3)
Businesses that are open and staffed 24 hours, 365 days per year
(which may include but are not limited to, nursing homes, hospitals,
police and fire stations, etc.).
(4)
Rental storage facilities where there is a single lock on the separate
storage pods that are renter supplied; provided, however, the entry
security gates(s) will require a Knox-Box® if electronically controlled,
or locked with a master key issued by the landlord to all tenants.[2]
[2]
Editor's Note: Former Subsection H(5) and (6), regarding exemptions
for businesses that must protect patient confidentiality and businesses
that handle hazardous materials, respectively, added 5-26-2015 by
Ord. No. 2015-03, were repealed 5-28-2019 by Ord. No. 2019-04.
I.
Violations and penalties; severability.
(1)
Any person, entity or corporation who has violated any provisions
of this section or who has failed to comply with any order issued
by the Fire Official, Fire Chief, or Building Official or has failed
to comply with any order issued pursuant to any subsection thereof
shall, upon conviction before the proper judicial authority, be punished
by a fine of not more than $300. Each day a violation continues shall
be considered a separate offense.
(2)
If any sentence, clause or section or any part of this section is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses or sections
or parts of the same contained in this section. It is hereby declared
as the intent of the Township Committee of the Township of Hampton
that this section would have been adopted had such unconstitutionality,
illegality or invalidity, sentence, clause or section or part thereof
not been included therein.
[1]
Editor's Note: Former § 61-9, Technical amendments,
was reserved and contained no content.
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any action of the local enforcing
agency shall have the right to appeal to the Local Construction Board
of Appeals. If no such body exists, appeals shall be made to the County
Construction Board of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
27D-208.
Enforcement, violations, and penalties shall
be managed in conformity with the Uniform Fire Safety Act, the Uniform
Fire Code and all other laws of the State of New Jersey.
The following ordinance is hereby repealed:
Chapter 61, Fire Prevention.