Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 11-7-1963 by Ord. No. 59. Amendments noted where applicable.]
Property maintenance — See Ch. 151.
Street excavations — See Ch. 166, Art. II.

§ 196-1 Cover or fence requirements.

All open or unguarded wells, cisterns, cesspools, irrigation pits and excavations in which there has been an accumulation of any surface or drainage water shall be covered with a cover sufficient to withstand 500 pounds of pressure for each 10 square feet of the cover area or completely enclosed by a permanent fence at least five feet in height constructed in the following manner:
The fence shall use four-inch diameter peeled cedar posts that will be eight feet long. The posts shall be erected a maximum of 10 feet from center to center of posts. Fence fabric shall be of the hinge-joint type, consisting of No. 12 gauge steel wire, hot zinc coated, measuring 47 inches in height with a minimum of 10 horizontal wires, spaced according to manufacturer's recommendations and with vertical wire stays spaced six inches apart.
The fence shall be fitted with two strands of barbed wire. At the top barbed wire strands shall be equally spaced and the upper strands shall not be lower than five feet above grade.
In lieu of the four-inch-diameter cedar posts, a suitable steel post may be substituted. The fence shall be erected so as to keep the public or any member thereof from falling into such area.
Fence shall be erected and maintained a minimum of 10 feet from such area where this fence is deemed necessary.
Any deviations from this fence design will be subject to removal, unless previously approved by the Construction Official of the Borough of Folsom.

§ 196-2 Enclosure requirements.

Any opened or unguarded wells, cisterns, cesspools, irrigation pits or excavations in which there has been an accumulation of surface or drainage water around which a fence is erected pursuant to the terms of this chapter shall be enclosed in their entirety except when bordering on a natural swamp or natural body of water. The portion contiguous to the natural swamp or natural body of water, if not readily accessible to the general public or any member thereof, does not need to be enclosed with a fence as hereinabove specified.

§ 196-3 Provisions applicable only when there is accumulation of water.

The provisions of this chapter do not apply to any open or unguarded wells, cisterns, cesspools, irrigation pits or excavations in which there is no accumulation of any surface or drainage water.

§ 196-4 Barricades around temporary excavations.

Any temporary excavation within the provisions of this chapter shall have barricades erected around such excavation at such times and hours as such excavation is not being worked on. Said barricades shall be lighted during the hours of darkness so that the same shall be visible to members of the public.
For the purpose of this chapter, a "temporary excavation" is defined as being an excavation that will be filled in or have a building erected thereon within 20 days from the date the excavation is completed.

§ 196-5 Warning signs to be displayed.

All areas subject to control by this chapter shall be posted with signs displaying the words "DANGER — KEEP OUT."

§ 196-6 Applicability to existing excavations; time limit to comply.

As to any such open or unguarded well, cistern, cesspool, irrigation pit or excavation wholly or partially made prior to the passage of this chapter, the owner or occupant of land on which such areas exist shall post, cover or fence pursuant to the provisions of this chapter within 60 days from the final passage and publication hereof.

§ 196-7 Unattended areas to be protected.

As to areas covered by this chapter made after the passage hereof, same shall be posted, covered or fenced within the provisions hereof prior to any time or period of time the said areas shall be left unattended and properly and adequately guarded by competent workmen or watchmen.

§ 196-8 Responsibility of owner or occupant to comply.

The owner or occupant or person in charge or control of any land whereon an area coming within the provisions of this chapter exists or is made shall erect, cover or cause the fences or barricades provided for herein to be erected with signs placed and posted as provided herein.

§ 196-9 Annual inspection; report to Council.

All areas coming within the provisions of this chapter shall be inspected annually on or about the first day of March each year by the Construction Official. The said Construction Official shall report in writing setting forth the areas inspected and any and all recommendations or violations under the provisions of this chapter. Thereupon the Borough Council shall take all necessary action to obtain compliance with the terms of this chapter.

§ 196-10 Each day constitutes separate offense.

Each day this chapter is violated shall constitute a separate offense.

§ 196-11 Use of term "person."

The term "person" used herein shall apply to an individual or partnership and any and all members thereof, a corporation, its officers and directors or any other form of business entity.

§ 196-12 Violations and penalties. [1]

Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).