[HISTORY: Adopted by the Township Committee
of the Township of Manalapan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 105, Art. I, of the 1993 Code]
It is hereby adopted by the Township Committee
for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion that certain code known
as the "BOCA Basic/National Fire Prevention Code, 1984," and supplements
thereto, except such portions as are hereinafter deleted, modified
or amended, of which code not less than three copies of said code,
similarly marked, have been placed on file in the office of the Municipal
Clerk, and the same are hereby adopted and incorporated as fully as
if set out at length herein, and the provisions thereof shall be controlling
within the Township limits.
The Bureau of Fire Prevention shall have power
to waive or modify any of the provisions of the Fire Prevention Code
upon application, in writing, by the owner or lessee or his duly authorized
agent, when there are practical difficulties in the manner of carrying
out the strict letter of the code, provided that the spirit of the
code shall be observed, public safety secured and substantial justice
done. The particulars of such modifications when granted or allowed,
and the decision of the Bureau of Fire Prevention thereon, shall be
entered upon the record of the Department, and a signed copy shall
be furnished to the applicant, with a copy to the Township Committee.
Application for waiver or modification shall be made through the Township
Construction Code Official.
Whenever the Bureau of Fire Prevention shall
disapprove an application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the code do not apply,
or that the true intent and meaning of the code has been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Bureau of Fire Prevention to the Township Committee of the
Township within 30 days from the date of the decision appealed.
The Township Committee and the fire inspectors
shall act as a committee to determine and specify, after giving affected
persons an opportunity to be heard, any new materials, processes,
or occupancies which shall require permits, in addition to those now
enumerated in said code. The Bureau of Fire Prevention shall post
such list in a conspicuous place in its office and distribute copies
thereof to interested persons.
A.
Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build and violate any of the detailed statements or specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder, and from which no appeal has been taken shall,
upon conviction by the Municipal Court of the Township of Manalapan,
forfeit and pay a fine not to exceed the sum of $500 or be imprisoned
in the county jail for a term not to exceed 90 days, or both. These
penalties shall also apply to each violation not covered by the New
Jersey Uniform Construction Code. The imposition of the one penalty
for any violation shall not excuse the violation nor permit it to
continue; and such persons shall be required to correct or remedy
such violation or defect within a reasonable time, when not otherwise
specified. Each 10 days that the prohibited condition or conditions
are maintained after the date specified for their correction, remedy
or removal shall constitute a separate offense.
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
No insurance or claims company shall pay a claimant
in excess of $2,500 for fire damage on any real property within the
municipality, pursuant to any fire insurance policy issued or renewed
after the adoption of this chapter and after the filing of this section
with the State Commissioner of Insurance, until such time as all taxes,
assessments and other municipal liens or charges due and payable,
appearing on the official certificate of search of the Township, have
been paid, either by the owner of such real property or by the insurance
or claims company, or only if the municipality enters into an agreement
pursuant to N.J.S.A. 54:5-19 or Article 7 of Chapter 5, Title 54,
of the Revised Statutes.[1]
[1]
Editor's Note: See N.J.S.A. 54:5-65 et seq.
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383)[1], the New Jersey Uniform Fire Code shall be locally enforced
in the Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
A.
The local enforcing agency shall be the Bureau of
Fire Prevention.
B.
The local enforcement agency shall enforce the Uniform
Fire Safety Act, N.J.S.A. 52:27D-192 et seq., as amended from time
to time, and the codes and regulations thereunder, including the New
Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., as amended from
time to time (hereinafter, the "Uniform Fire Code"), in all buildings,
structures and premises within the established boundaries of the Township,
other than one- and two-family owner-occupied dwellings, and shall
faithfully comply with the requirements of the Uniform Fire Safety
Act and the Uniform Fire Code.
A.
The local enforcing agency established by § 110-9 hereof shall be a part of the Manalapan Township Fire Prevention Bureau and shall be under the direct supervision and control of the Fire Official. The Fire Official shall report to the Mayor and the Township Committee.
B.
The local enforcing agency shall be under the direct
supervision of the Fire Official who shall be appointed by the Mayor
and the Township Committee.
C.
The Fire Official shall be certified by the State
of New Jersey according to New Jersey regulations for Fire Code enforcement,
N.J.A.C. 5:71-1 et seq., as amended from time to time.
D.
Such part-time inspectors and other part-time employees
as may be necessary in the local enforcing agency shall be appointed
by the Mayor and the Township Committee. In making such appointments,
the Mayor and Township Committee may seek the recommendation of the
Fire Official.
E.
Such full-time inspectors and other full-time employees
as may be necessary for the local enforcing agency to properly carry
out its responsibilities shall be appointed by the Mayor and Township
Committee, pursuant to the New Jersey Administrative Code.
F.
Qualifications of inspectors shall be as set forth
in the New Jersey regulations for Fire Code enforcement, N.J.A.C.
5:71-1 et seq., as amended from time to time.
G.
The Fire Official, and such inspectors as are provided
for in the Administrative Code of the Township, shall be subject to
removal by the Mayor and the Township Committee.
A.
The local enforcing agency established by § 110-9 hereof shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
B.
All life-hazard uses shall be periodically inspected
for compliance with the Uniform Fire Code, its amendments and supplements.
The frequency of inspections for life-hazard uses, as well as the
types of uses, shall be those specified in the Uniform Fire Code.
All buildings, except owner-occupied one- and two-family dwellings, within the boundaries of the Township that are not classified as a life-hazard use, Type A, B, C or D, pursuant to the Uniform Fire Code, its amendments and supplements, shall be inspected at least once every 12 months. The fee for a non-life-hazard use inspection shall be as set forth in § 110-13B hereof.
A.
Fees shall be in accordance with the Uniform Fire
Code, and any amendments thereto.
B.
The inspection fees for all non-life-hazard use inspections, in accordance with § 110-12 hereof, are as follows:
[Amended 4-10-2019 by Ord. No. 2019-07]
(1)
Assembly.
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
0 to 2,999
|
$65
|
|
2
|
3,000 to 5,999
|
$75
|
|
3
|
6,000 to 14,999
|
$95
|
|
4
|
15,000 to 24,999
|
$140
|
|
5
|
25,000 plus
|
$165
|
(2)
Business use.
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
0 to 499
|
$45
|
|
2
|
500 to 2,999
|
$65
|
|
3
|
3,000 to 5,999
|
$75
|
|
4
|
6,000 to 14,999
|
$95
|
|
5
|
15,000 to 24,999
|
$140
|
|
6
|
25,000 plus
|
$165
|
|
7
|
Office trailer, any size
|
$65
|
(3)
Mercantile.
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
0 to 2,999
|
$65
|
|
2
|
3,000 to 5,999
|
$75
|
|
3
|
6,000 to 14,999
|
$95
|
|
4
|
15,000 to 24,999
|
$140
|
|
5
|
25,000 plus
|
$165
|
|
6
|
Mobile units, any size
|
$65
|
(4)
Manufacturing.
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
0 to 2,999
|
$65
|
|
2
|
3,000 to 5,999
|
$75
|
|
3
|
6,000 to 14,999
|
$95
|
|
4
|
15,000 to 24,999
|
$140
|
|
5
|
25,000 plus
|
$165
|
(5)
Storage.
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
0 to 2,999
|
$65
|
|
2
|
3,000 to 5,999
|
$75
|
|
3
|
6,000 to 14,999
|
$95
|
|
4
|
15,000 to 24,999
|
$140
|
|
5
|
25,000 plus
|
$165
|
|
6
|
Storage trailers, any size
|
$65
|
(6)
Residential common areas (each building).
|
Class
|
Square Feet
|
Fee Per Year
|
|---|---|---|
|
1
|
1, 2 and 3 story, 0 to 8,999 per floor
|
$65
|
|
2
|
1, 2 and 3 story, 9,000 to 17,999 per floor
|
$75
|
|
3
|
1, 2 and 3 story, 18,000 plus per floor
|
$95
|
|
4
|
4 to 5 story, 0 to 8,999 per floor
|
$70
|
|
5
|
4 to 5 story, 9,000 to 17,999 per floor
|
$95
|
|
6
|
4 to 5 story, 18,000 plus
|
$140
|
(7)
Commercial common areas. All shopping centers, strip
malls, office buildings, office complexes, industrial parks, and other
commercial complexes that share common areas, including but not limited
to corridors, atriums, stairwells, fire protections systems (fire
sprinklers, private fire hydrants, private fire water mains and fire
alarms) parking lots and fire lanes. Fee per year: $65.
(8)
Subleased and shared space. Any party that subleases
such property or shares space with another party is required to pay
fees as in the above tables based on the actual square footage used.
In such instances where the actual square footage used is 499 square
feet or less, the fee shall be $35.
C.
Uses not classified that are subject to the Uniform
Fire Code shall be classified as business uses.
D.
At the Fire Official's discretion, vacant buildings
may be inspected and such fees shall be required according to the
previous use of such buildings.
E.
The inspection fee shall be paid to the Township annually
by the individual, firm or corporation, as the case may be.
F.
The permit and registration fees as established by
the Uniform Fire Code, except as amended in this section, and as amended
from time to time pursuant to N.J.A.C. Chapter 5, shall remain in
full force and effect as set forth therein.
[Amended 4-10-2019 by Ord. No. 2019-07]
(Reserved)
As provided for in N.J.A.C. 5:71-3.2(d), the
legal counsel appointed to assist the local enforcement agency to
enforce the Code shall be the Township Attorney.
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 County Construction Board
of Appeals.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and
52:27D-208.
All penalties set forth in the N.J.A.C. Chapter
70 of Title 5 are adopted herein.
A.
If any chapter, section, subsection or paragraph of
this Uniform Fire Code shall be declared to be unconstitutional, invalid
or inoperative, in whole or in part, by a court of competent jurisdiction,
such chapter, section, subsection or paragraph shall, to the extent
that it is not unconstitutional, invalid or inoperative, remain in
full force and effect, and no such determination shall be deemed to
invalidate the remaining chapters, sections, subsections or paragraph
of this Uniform Fire Code.
B.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed, and this ordinance shall take effect
immediately upon final passage and publication in accordance with
law.
