[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
The BOCA Basic Fire Prevention Code and all amendments and supplements
thereto to the extent that the provisions of same exceed the Uniform Fire
Code are hereby adopted by the Township of Little Egg Harbor for the purpose
of establishing rules and regulations to improve the safety of the public
by promoting the control of fire hazards; regulating the installation, use
and maintenance of equipment, and the use and occupancy of structures, premises
and open areas; providing for the abatement of fire hazards; and establishing
and implementing standards to achieve the said objectives. The said standards,
rules, and regulations set forth in the said code shall be and the same are
hereby incorporated in this article by reference, three copies of which have
been filed in the office of the Clerk of the Township of Little Egg Harbor.
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 within
the Township of Little Egg Harbor.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
A.
The local enforcing agency within the geographic boundary
for Fire District No. 1 as established by ordinance[1] shall be the Fire Commissioners of Fire District No. 1 who shall
jointly operate the Bureau of Fire Prevention — District One,
which is hereby created to enforce the code within the geographic boundary
of District No. 1.
B.
The local enforcing agency within the geographic boundaries
for Fire District No. 2 as established by ordinance[2] shall be the Fire Commissioners of Fire District No. 2 who shall
operate the Bureau of Fire Prevention — District Two, which
is hereby created to enforce the code within the geographic boundaries of
Fire District No. 2.
C.
The local enforcing agency within the geographic boundary
for Fire District No. 3 as established by ordinance[3] shall be the Fire Commissioners of Fire District No. 3 who shall
operate the Bureau of Fire Prevention — District Three, which
is hereby created to enforce the code within the geographic boundaries of
Fire District No. 3.
The local enforcing agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted pursuant thereto in all
buildings, structures and premises within their respective geographic boundaries
within the Township of Little Egg Harbor, other than owner-occupied one- and
two-family dwellings, and shall faithfully comply with the requirements of
the Uniform Safety Fire Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The local enforcing agencies as established by § 179-3 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
A.
The local enforcing agency established by § 179-3 of this article for Fire District No. 1 shall be under the supervision and control of the Fire Commissioners of Fire District No. 1. Such funds as may be necessary to support the operations of the agency shall be paid from the budgets of the Fire Commissioners of Fire District No. 1 of the Township of Little Egg Harbor.
B.
The local enforcing agency established by § 179-3 of this article for Fire District No. 2 shall be under the supervision and control of the Fire Commissioners of Fire District No. 2. Such funds as may be necessary to support the operations of the agency shall be paid from the budgets of the Fire Commissioners of Fire District No. 2 of the Township.
A.
Appointment of Fire Official.
(1)
The local enforcing agency for Fire District No. 1 shall
be under the direct supervision of a Fire Official who shall be appointed
by the Fire Commissioners of Fire District No. 1 of the Township.
(2)
The local enforcing agency for Fire District No. 2 shall
be under the direct supervision of a Fire Official who shall be appointed
by the Fire Commissioners of Fire District No. 2 of the Township.
(3)
The local enforcing agency within Fire District No. 3
shall be under the direct supervision of a Fire Official who shall be appointed
by the Fire Commissioners of Fire District No. 3 of the Township.
B.
Term of office. The appointment of the Fire Official
shall continue during good behavior and satisfactory service.
C.
Inspectors and employees. The local enforcing agency
shall appoint such other inspectors and other employees as are deemed necessary.
Such inspectors and employees shall be under the supervision and control of
the Fire Official.
D.
Removal from office. The Fire Official, inspectors, and
other employees of the local enforcing agency shall be subject to removal
by the agency for inefficiency or misconduct or failure to perform duties,
but each person so removed shall be afforded an opportunity to be heard by
the appointing authority consistent with recognized standards of due process.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by an order of the local enforcing agency
shall have the right to appeal to the County Construction Board of Appeals
in the County of Ocean.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
In addition to the inspection and fees required pursuant to this article
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:
A.
The following buildings, uses, and premises contained
in this section other than those that are incidental or auxiliary to the agricultural
use of farm property are subject to registration and periodic inspection requirements
as hereby established. Where two or more of the same uses or different uses
exist at the same building or premises, each one shall be considered as separate
and distinct for the purpose of this section and shall be registered pursuant
thereto.
B.
Type L uses.
(1)
Business use as defined in the latest edition of the
BOCA Basic National Building Code, 500 square feet or less total gross floor
area. (Exception: Any Type L uses with suppression/detection systems shall
be classified under Type M.)
C.
Type M uses.
(1)
Business uses as defined in the latest edition of the
BOCA Basic National Building Code, more than 500 square feet but less than
2,500 square feet total gross floor area.
(2)
Mercantile uses as defined in the latest edition of the
BOCA Basic National Building Code, more than 500 square feet but less than
2,500 square feet total gross floor area.
(3)
Storage buildings as defined in the latest edition of
the BOCA Basic National Building Code, less than 2,500 square feet total gross
floor area.
D.
Type N uses.
(1)
Business uses as defined in the latest edition of the
BOCA Basic National Building Code, 2,500 square feet or more, but less than
5,000 square feet total gross floor area.
(2)
Mercantile uses as defined in the latest edition of the
BOCA Basic National Building Code, 2,500 square feet or more, but less than
5,000 square feet total gross floor area.
(3)
Storage buildings as defined in the latest edition of
the BOCA Basic National Building Code, 2,500 square feet or more, but less
than 5,000 square feet total gross floor area.
E.
Type O uses.
(1)
Business uses as defined in the latest edition of the
BOCA Basic National Building Code, 5,000 square feet or more, but less than
7,500 square feet total gross floor area.
(2)
Mercantile uses as defined in the latest edition of the
BOCA Basic National Building Code, 5,000 square feet or more, but less than
7,500 square feet total gross floor area.
(3)
Storage buildings as defined in the latest edition of
the BOCA Basic National Building Code, 5,000 square feet or more, but less
than 7,500 square feet total gross floor area.
F.
Type P uses.
(1)
Business uses as defined in the latest edition of the
BOCA Basic National Building Code, 7,500 square feet or more, but less than
10,000 square feet total gross floor area.
(2)
Mercantile uses as defined in the latest edition of the
BOCA Basic National Building Code, 7,500 square feet or more, but less than
10,000 square feet total gross floor area.
(3)
Storage buildings as defined in the latest edition of
the BOCA Basic National Building Code, 7,500 square feet or more, but less
than 10,000 square feet total gross floor area.
(4)
Hotels and motels with 100 rooms or less and not defined
as life-hazard uses.
(5)
Buildings where less than 100 persons assemble for the
purpose of amusement, entertainment, recreation centers and health spas.
G.
Type Q uses.
(1)
Business uses as defined in the latest edition of the
BOCA Basic National Building Code, 10,000 square feet or more total gross
floor area.
(2)
Mercantile uses as defined in the latest edition of the
BOCA Basic National Building Code, 10,000 square feet or more total gross
floor area.
(3)
Storage buildings as defined in the latest edition of
the BOCA Basic National Building Code, 10,000 square feet or more total gross
floor area.
(4)
Factory and industrial uses as defined in the latest
edition of the BOCA Basic National Building Code, not defined as life-hazard
uses.
H.
Required inspections. All additional uses as listed in
the aforementioned schedule shall be inspected for compliance with the provisions
of this section periodically but not less than specified therein.
I.
Registration fees for all additional uses. Where more
than one additional use exists under one ownership at a given location, the
highest use shall be registered at full fee and subsequent use at 1/2 the
schedule fee.
J.
Site plans fee: $10. For the review of any site plan
or subdivision for the purpose of fire prevention as to the location of fire
hydrants, fire drafting stations, water mains, and fire lanes/zones.
All permit fees, as indicated within the Uniform Fire Code, Administrative
Code Title 5, Chapter 70, particularly N.J.A.C. 5:70-2.9, are hereby adopted
for the purpose of setting fees for this article.
A.
All penalties, as indicated within the Uniform Fire Code,
New Jersey Administrative Code, Title 5, Chapter 70, shall be adopted for
the purposes of enforcing this article, except those penalties imposed as
hereinafter provided for violations of this article not included within the
Uniform Fire Code or authorized by the Uniform Fire Safety Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B.
Except as otherwise provided in Subsection A of this section, any violations of this article, including the 1984 BOCA Basic Fire Prevention Code and amendments and supplements thereto, shall be punished by a fine of not more than $500 or imprisonment for 90 days, or both. Each and every day that a violation of the provisions of this article shall continue after notification thereof by the Bureau of Fire Prevention shall be deemed and considered a separate and specific violation of this article. Such penalties as hereinabove provided shall not be exclusive, and, in addition thereto, any violation may be abated by a civil action instituted in a court of competent jurisdiction.
