[HISTORY: Adopted by the Township Council
of the Township of Moorestown 9-23-1985 by Ord. No. 1287. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 56.
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
by the Board of Fire Commissioners of Fire District Nos. 1 and 2 within
the established limits of Fire District Nos. 1 and 2 of the Township
of Moorestown.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency within each fire
district shall be as follows:
A.
Fire District No. 1. The local enforcing agency shall
be the Division of Fire Prevention of Fire District No. 1 of the Township
of Moorestown within the limits established by the ordinances establishing
the present boundaries.[1]
(1)
Senate Bill No. 101, adopted March 11, 1922, and concurring
Resolution of the Township of Moorestown, adopted July 31, 1922, adopting
all ordinances of Chester Township passed prior to the separation
of Moorestown Township.
(2)
Ordinance No. 80 of October 27, 1930, An Ordinance
of the Township of Moorestown in the County of Burlington Enlarging
Fire District No. 1 of Said Township.
(3)
Ordinance No. 333 of December 9, 1957; An Ordinance
of the Township of Moorestown in the County of Burlington, Further
Enlarging Fire District No. 1 of Said Township.
(4)
Ordinance No. 489 of November 15, 1965, An Ordinance
of the Township of Moorestown in the County of Burlington Further
Enlarging Fire District No. 1 of Said Township So As to Include Therein
the Entire Easterly Section of Said Township Not Heretofore Included
in Any Fire District.
[1]
Editor's Note: The full text of the laws
and ordinances, establishing the present boundaries, is on file in
the Township offices.
B.
Fire District No. 2. The Local Enforcing Agency shall
be the Bureau of Fire Prevention of Fire District No. 2 of the Township
of Moorestown within the limits established by the present boundaries.[2]
[Amended 2-23-2004 by Ord. No. 4-2004]
(1)
Ordinance No. 36 of October 12, 1925, An Ordinance
to Lay Off a Part of the Township of Moorestown into a Fire District
to be Known as Fire District No. 2 in the Township of Moorestown and
County of Burlington.
(2)
Ordinance No. 334 of December 9, 1957, An Ordinance
of the Township of Moorestown in the County of Burlington Enlarging
Fire District Number 2 of Said Township.
[2]
Editor's Note: The full text of the laws and
ordinances, establishing the present boundaries, is on file in the
Township offices.
[Amended 2-23-2004 by Ord. No. 4-2004]
Each local enforcing agency shall enforce the
Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all
buildings, structures and premises within the established boundaries
of Fire District No. 1 and Fire District No. 2 of the Township of
Moorestown other than single-family dwellings and owner-occupied two-family
dwellings, except as provided for in § 5:70-2.1 of the New
Jersey Uniform Fire Safety Code and in the technical amendments to
this code, and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
Each local enforcing agency established by § 79-2 of this chapter 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.
[Amended 2-13-1989 by Ord. No. 1447-89]
A.
Each local enforcing agency established by § 79-2 of this chapter shall be a part of its Fire District, and said part shall be known in Fire District No. 1 as the "Division of Fire Prevention" and in Fire District No. 2 as the "Bureau of Fire Prevention" within each District and shall be under the direct supervision and control of the Fire Officials, who shall report to the Board of Fire Commissioners of their respective districts.
[Amended 2-23-2004 by Ord. No. 4-2004]
B.
Such funds as may be necessary to support the operations
of the agency shall be appropriated and raised by the districts in
the manner provided by law.
A.
Appointment of fire official. Each local enforcing
agency shall be administered and supervised by a Fire Official, who
shall be appointed by the Board of Fire Commissioners of each fire
district.
B.
Term of office. The Fire Official for each district
shall serve for a term of one year. Any vacancy shall be filled for
the unexpired term.
C.
Inspectors and employees. Such inspectors and other
employees as may be deemed necessary for the efficient operation of
each local enforcing agency shall be appointed by the Board of Fire
Commissioners of each fire district upon the recommendation of the
Fire Official within each district.
D.
Removal from office.
(1)
Fire inspectors and other employees of each enforcing
agency shall be subject to removal from office by the Board of Fire
Commissioners upon the recommendation of the Fire Official for inefficiency
or misconduct. Each inspector or employee to be so removed shall be
afforded an opportunity to be heard by the Board of Fire Commissioners
or a hearing officer designated by it, at the election of the Board
of Fire Commissioners, in accordance with due process of law.
(2)
The Fire Official of each enforcing agency shall be
subject to removal from office by the Board of Fire Commissioners
for inefficiency or misconduct. Each fire official to be so removed
shall be afforded an opportunity to be heard by the Board of Fire
Commissioners or a hearing officer designated by it, at its election,
in accordance with due process of law.
[Amended 2-13-1989 by Ord. No. 1447-89]
E.
Civil service. Nothing in this subsection shall be
construed as in any way derogating from or limiting the right of any
person under Title 11 of the Revised Statutes (Civil Service).
[Amended 2-23-2004 by Ord. No. 4-2004]
Pursuant to Sections 15 and 17 of the Uniform
Fire Safety Act,[1] any person aggrieved by any order of the local enforcement
agency shall have the right to appeal to the Construction Board of
Appeals of the County of Burlington.
[1]
Editor's Note: N.J.S.A. 52:27D-206 and 208.
In addition to the inspection and fees required
pursuant to the Uniform Fire Safety Act and the regulations of the
State of New Jersey Department of Community Affairs, the following
firesafety inspections, permits and fees shall be required, none of
which shall apply to fees or inspections of life-hazard uses as governed
by the Uniform Fire Safety Act, unless such uses are to be inspected
more frequently than required by the Act:
A.
Firesafety uses defined.
(1)
The following buildings, uses and premises contained
in this section constitute firesafety uses which are subject to registration
and periodic inspection requirements established by this chapter.
Where two or more firesafety uses exist at the same building or premises,
each one shall be considered as separate and distinct for the purposes
of this code and shall be registered pursuant to the provisions of
this chapter.
B.
Firesafety Use Group A, Assembly.
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Use Group A which are used or designed for
places of assembly as defined in this chapter.
(a)
Firesafety Use Group A-1 structures. (Reserved)
(b)
Firesafety Use Group A-2 structures. (Reserved)
(c)
Firesafety Use Group A-3 structures. This use
group shall include all buildings in which persons assemble, such
as libraries, restaurants other than nightclubs, etc.
(d)
Firesafety Use Group A-4 structures. This use
group shall include all buildings used as churches and for similar
religious purposes.
(e)
Firesafety Use Group A-5 structures. This use
group shall include bleachers, similar structures and related use
structures for outdoor assembly use.
C.
Firesafety Use Group B, Business.
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Firesafety Use Group B which are used for the
transaction of business, for the rendering of professional services
or for other services that involve stocks of goods, wares or merchandise
in limited quantities for use incidental to office uses or sample
purposes.
(3)
Firesafety Use Group B-2. This use group shall include
business establishments having a gross floor area of 3,500 square
feet or more, but less than 12,000 square feet.
[Amended 2-13-1989 by Ord. No. 1447-89]
(4)
List of business uses. The uses listed in Table B.1
are indicative of, but not exclusive of, and shall be classified as,
Firesafety Use Group B.
(5)
Firesafety Use Group B-1A. This use group shall include
all business establishments having a gross floor area of less than
250 square feet.
[Added 2-13-1989 by Ord. No. 1447-89]
(6)
Firesafety Use Group B-1B. This use group shall include
business establishments having a gross floor area of 250 square feet
or more, but less than 3,500 square feet.
[Added 2-13-1989 by Ord. No. 1447-89]
(7)
Firesafety Use Group B-2A. This use group shall include
business establishments having a gross floor area of 12,000 square
feet or more, but less than 24,000 square feet.
[Added 2-13-1989 by Ord. No. 1447-89]
(8)
Firesafety Use Group B-2B. This use group shall include
business establishments having a gross floor area of 24,000 square
feet or more, but less than 48,000 square feet.
[Added 2-13-1989 by Ord. No. 1447-89]
(9)
Firesafety Use Group B-2C. This use group shall include
business establishments having a gross floor area of 48,000 square
feet or more.
[Added 2-13-1989 by Ord. No. 1447-89]
(10)
Firesafety Use Group B-3. Multiple business occupancy:
This use group shall include all buildings and structures, or parts
thereof, which are used for the purposes that meet the requirements
of Use Group B, and which comprise a multiplicity of rooms, suites
or areas to accommodate multiple business occupancies, not to exceed
30 in number, which are rented from a common owner. The building owner,
who shall control access to all areas, shall provide basic services
as are needed for the tenant to conduct their businesses, at their
option. These services may include, but are not limited to, clerical,
phone-answering and message-taking, photocopying and reproduction,
mail services, security and secretarial and stenographers.
[Added 2-13-1989 by Ord. No. 1447-89]
|
Table B.1
Typical Firesafety Use Group B, Business
Uses
|
|---|
|
Animal hospitals, kennels, pounds
|
|
Automobile and other motor vehicle showrooms
|
|
Banks
|
|
Barbershops
|
|
Beauty shops
|
|
Car washes
|
|
Civic administration
|
|
Clinics, outpatient
|
|
Dry-cleaning; pickup and delivery stations
|
|
Electronic data processing
|
|
Emergency services buildings
|
|
Fire stations
|
|
Florists and plant nurseries
|
|
Laboratories; testing, research and medical
|
|
Laundries; pickup and delivery stations and
self-service
|
|
Police stations
|
|
Post offices
|
|
Printshops
|
|
Professional services; attorney, dentist, physician,
engineer, etc.
|
|
Radio and television stations
|
|
Telephone exchanges
|
D.
Firesafety Use Group E, Educational.
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Firesafety Use Group E which are used for gathering
people together for the purpose of instruction, including, among others,
schools, colleges, universities and academies.
(2)
Exception. School buildings, or parts thereof, for
vocational training shall be classified in the same use group as the
vocation taught.
E.
Firesafety Use Group F, Factory and Industrial.
(1)
General. All buildings and structures, or parts thereof,
in which occupants are engaged in performing work or labor in the
fabricating, assembling or processing of products or materials shall
be classified in Firesafety Use Group F, including, among others,
factories, assembling plants, industrial laboratories and all other
industrial and manufacturing uses, except those of Firesafety Use
Group H involving highly combustible, flammable or explosive products
and materials.
(2)
Structures and uses.
[Amended 2-13-1989 by Ord. No. 1447-89]
(a)
Firesafety Use Group F-1. Factory and industrial
uses, which are not otherwise classified as low-hazard Firesafety
Groups F-2, et al., shall be classified as moderate-hazard Factory
and Industrial Firesafety Use Group F-1. The manufacturing processes
listed in Table F.1 shall be indicative of, but not exclusive of,
and shall be included in Firesafety Use Group F-1 and as further categorized
as set forth in this section.
[1]
Firesafety Use Group F-1A. Firesafety Use Group
F-1 structures with a gross floor area of less than 3,500 square feet.
[2]
Firesafety Use Group F-1B. Firesafety Use Group
F-1 structures with a gross floor area of 3,500 square feet or more,
but less than 12,000 square feet.[2]
[2]
Editor's Note: Former Subsections E(2)(a)[3],
Firesafety Use Group F-1C, E(2)(a)[4], Firesafety Use Group F-1D,
and E(2)(a)[5], Firesafety Use Group F-1E, which immediately followed
this subsection, were repealed 2-24-2003 by Ord. No. 4-2003.
(b)
Firesafety Use Group F-2. Factory and industrial
uses which involve the fabrication or manufacturing of noncombustible
materials which, during finishing, packing or processing, do not involve
a significant fire hazard shall be classified as Firesafety Use Group
F-2. The manufacturing processes listed in Table F.2 shall be indicative
of, but not exclusive of, and shall be included in Firesafety Use
Group F-2 and shall be categorized by size as set forth in this section.
[1]
Firesafety Use Group F-2A. All structures of
Firesafety Use Group F-2 which have a gross floor area of less than
3,500 square feet.
[2]
Firesafety Use Group F-2B. All structures of
Firesafety Use Group F-2 which have a gross floor area of 3,500 square
feet or more, but less than 12,000 square feet of gross floor area.
[3]
Firesafety Use Group F-2C. All structures of
Firesafety Use Group F-2 which have a gross floor area of 12,000 square
feet or more, but less than 24,000 square feet of gross floor area.
[4]
Firesafety Use Group F-2D. All structures of
Firesafety Use Group F-2 which have a gross floor area of 24,000 square
feet or more, but less than 48,000 square feet of gross floor area.
[5]
Firesafety Use Group F-2E. All structures of
Firesafety Use Group F-2 which have a gross floor area of 48,000 square
feet or more.
|
Table F.1
Firesafety Use Group F-1 Moderate-Hazard
Factory and Industrial Uses
|
|---|
|
[Amended 2-13-1989 by Ord. No. 1447-89] |
|
Aircraft
|
|
Appliances
|
|
Athletic equipment
|
|
Automobiles and other motor vehicles
|
|
Bakeries
|
|
Beverages, alcoholic
|
|
Bicycles
|
|
Boat building
|
|
Boiler works
|
|
Brooms or brushes
|
|
Business machines, including repair and rebuilding
|
|
Cameras and photo equipment
|
|
Canneries, including food products
|
|
Clothing
|
|
Condensed and powdered milk manufacturer
|
|
Construction and agricultural machinery
|
|
Disinfectants
|
|
Electric-light plants and powerhouses
|
|
Electrolytic reducing works
|
|
Electronics
|
|
Engines, including rebuilding
|
|
Film, photographic
|
|
Food processing
|
|
Furniture
|
|
Hemp and jute products
|
|
Laundries
|
|
Leather and tanneries, excluding enameling or
japanning
|
|
Machinery
|
|
Millwork and woodworking, wood distillation
|
|
Motion-picture and television filming
|
|
Musical instruments
|
|
Optical goods
|
|
Paper mills or products
|
|
Plastic products
|
|
Printing or publishing
|
|
Recreational vehicles
|
|
Refuse incinerators
|
|
Shoes
|
|
Soaps and detergents
|
|
Sugar refineries
|
|
Textile mills, including canvas, cotton cloth,
bagging, burlap, carpets and rags
|
|
Tobacco
|
|
Trailers
|
|
Upholstery and manufacturing shops
|
|
Table F.2
Firesafety Use Group F-2 Low-Hazard Factory
and Industrial Uses
|
|---|
|
[Amended 2-13-1989 by Ord. No. 1447-89] |
|
Beverages, nonalcoholic
|
|
Brick and masonry
|
|
Ceramic products
|
|
Foundries
|
|
Glass products
|
|
Gypsum
|
|
Ice
|
|
Metal fabrication and assembly
|
|
Water-pumping plants
|
G.
Firesafety Use Group I, Institutional.
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Firesafety Use Group I in which people suffering
from physical limitations because of health or age are harbored for
medical or other care or treatment.
(2)
Firesafety Use Group I. This use group shall include
buildings housing individuals who, because of age, mental instability
or other reasons, must live in a supervised environment but who are
physically capable of responding to an emergency situation without
personal assistance. Included in this group are uses such as facilities
for children, aged persons, mentally impaired and convalescents, including
convalescent facilities, group homes, mentally retarded care facilities,
nursing homes (ambulatory), orphanages and residential care facilities.
H.
Firesafety Use Group M, Mercantile.
[Amended 2-13-1989 by Ord. No. 1447-89]
(1)
Firesafety Use Group M-1A. This use group shall include
mercantile establishments having a gross floor area of less than 250
square feet.
(2)
Firesafety Use Group M-1B. This use group shall include
mercantile establishments having a gross floor area of 250 square
feet or more, but less than 3,500 square feet.
I.
Firesafety Use Group R, Residential.
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Firesafety Use Group R in which families or
households live, or in which sleeping accommodations are provided
for individuals with or without dining facilities, excluding those
that are classified as institutional buildings.
(2)
Fire Safety Use Group R-1 structure. Life-hazard uses
reserved to the state. This use group shall include all hotels, motels,
boardinghouses and similar buildings arranged for shelter and sleeping
accommodations and in which the occupants are primarily transient
in nature, occupying the facilities for a period of less than 30 days.
[Amended 2-23-2004 by Ord. No. 4-2004]
(3)
Firesafety Use Group R-2 structures. This use group
shall include all multiple-family dwellings having two or three dwelling
units, except for two-family dwellings one of which is occupied by
the holder of title to the property.
(4)
Firesafety Use Group R-2A. This use group shall include
all multiple-family dwellings having four or more dwelling units,
but less than 12 units.
[Amended 2-13-1989 by Ord. No. 1447-89]
(5)
Firesafety Use Group R-2B. This use group shall include
all multiple-family dwellings having 12 or more dwelling units, but
less than 22 dwelling units.
[Added 2-13-1989 by Ord. No. 1447-89]
(6)
Firesafety Use Group R-2C. This use group shall include
all multiple-family dwellings having 22 or more dwelling units.
[Added 2-13-1989 by Ord. No. 1447-89]
(7)
Use Group R-3 structures. This use group shall include
all buildings arranged for occupancy as one- , or two-family dwelling
units, including not more than five lodgers or boarders per family,
and multiple single-family dwellings where each unit has an independent
means of egress and is separated by two-hour fire separation assembly.
[Added 2-23-2004 by Ord. No. 4-2004]
(8)
Use Group R-4 structures, This use group shall include
all detached one- , or two-family dwellings not more than three stories
in height, and the accessory structures as indicated in the CABO One
and Two Family Dwelling Code. All structures shall be designed in
accordance with the CABO One and Two Family Dwelling Code or in accordance
with the requirements of the BOCA National Building Code applicable
to Use Group R-3.
[Added 2-23-2004 by Ord. No. 4-2004]
J.
Firesafety Use Group S, Storage.
[Amended 2-13-1989 by Ord. No. 1447]
(1)
General. All buildings and structures, or parts thereof,
shall be classified in Firesafety Use Group S which are used primarily
for the storage of goods, wares or merchandise, except those of Use
Group H that involve highly toxic materials or poisonous gases, including,
among others, warehouses, storehouses and freight depots.
(2)
Structures and use groups.
(a)
Firesafety Use Group S-1. Buildings used for
storage of moderate-hazard contents which are likely to burn with
moderate rapidity, but which do not produce either poisonous gases,
fumes or explosions, including among others, but not limited to, the
materials listed in Table S.1, shall be classified in Firesafety Use
Group S-1 and shall be further categorized as set forth in this section.
[1]
Firesafety Use Group S-1A. Structures of Firesafety
Use Groups S-1 with a gross floor area of less than 3,500 square feet.
[2]
Firesafety Use Group S-1B. Structures of Firesafety
Use Group S-1 with a gross floor area of 3,500 square feet or more,
but less than 12,000 square feet.[4]
[4]
Editor's Note: Former Subsections J(2)(a)[3],
Firesafety Use Group S-1C, J(2)(a)[4], Firesafety Use Group S-1D,
and J(2)(a)[5], Firesafety Use Group S-1E, which immediately followed
this subsection, were repealed 2-24-2003 by Ord. No. 4-2003.
(b)
Firesafety Use Group S-2. Low-hazard uses shall
include buildings used for the storage of noncombustible materials
and of low-hazard wares that do not ordinarily burn rapidly, such
as products on wood pallets or in paper cartons without significant
amounts of combustible wrappings. Such products may have a negligible
amount of plastic trim, such as knobs, handles or film wrapping. Such
uses shall be classified as Firesafety Use Group S-2, including among
others, but not exclusive of, the materials listed in Table S.2 and
shall be further categorized as set forth in this section.
[1]
Firesafety Use Group S-2A. Firesafety Use Group
S-2 whose gross floor area is less than 3,500 square feet.
[2]
Firesafety Use Group S-2B. Firesafety Use Group
S-2 whose gross floor area is 3,500 square feet or more, but less
than 12,000 square feet.
[3]
Firesafety Use Group S-2C. Firesafety Use Group
S-2 whose gross floor area is 12,000 square feet or more, but less
than 24,000 square feet.
[4]
Firesafety Use Group S-2D. Firesafety Use Group
S-2 whose gross floor area is 24,000 square feet or more, but less
than 48,000 square feet.
[5]
Firesafety Use Group S-2E. Firesafety Use Group
S-2 whose gross floor area is 48,000 square feet or more.
|
Table S.1
Firesafety Use Group S-1 Storage Uses,
Moderate-Hazard
|
|---|
|
Bags, cloth, burlap and paper
|
|
Bamboo and rattan
|
|
Baskets
|
|
Belting, canvas and leather
|
|
Books and paper in rolls or packs
|
|
Boots and shoes
|
|
Buttons, including cloth-covered, pearl or bone
|
|
Cardboard and cardboard boxes
|
|
Clothing, woolen wearing apparel
|
|
Cordage
|
|
Furniture
|
|
Furs
|
|
Glue, mucilage, paste and size
|
|
Horn and combs, other than celluloid
|
|
Leather, enameling or japanning
|
|
Linoleum
|
|
Livestock shelters
|
|
Lumberyards
|
|
Petroleum warehouses for storage of lubricating
oils with a flash point of 200° F. (93.33° C.) or higher
|
|
Photo engraving
|
|
Public parking garages and stables
|
|
Silk
|
|
Soap
|
|
Sugar
|
|
Tobacco, cigars, cigarettes and snuff
|
|
Upholstering and mattress manufacturing
|
|
Wax candles
|
|
Table S.2
Firesafety Use Group S-2 Storage Uses,
Low-Hazard
|
|---|
|
Asbestos
|
|
Chalk and crayons
|
|
Food products
|
|
Glass
|
|
Mirrors
|
|
Food in noncombustible containers
|
|
Frozen foods
|
|
Meats
|
|
Fresh fruits and vegetables in nonplastic trays
or containers
|
|
Dairy products in nonwaxed coated-paper containers
|
|
Beer or wine up to 12% alcohol in metal, glass
or ceramic containers
|
|
Oil-filled and other types of distribution transformers
|
|
Cement in bags
|
|
Metal desks with plastic tops and trim
|
|
Electrical coils
|
|
Electrical motors
|
|
Dry cell batteries
|
|
Metal parts
|
|
New empty cans
|
|
Stoves
|
|
Washers and dryers
|
|
Metal cabinets
|
|
Glass bottles, empty or filled with noncombustible
liquids
|
|
Gypsum board
|
|
Inert pigments
|
|
Ivory
|
|
Metals
|
|
Porcelain and pottery
|
|
Talc and soapstones
|
K.
Firesafety Use Group U, Utility and Miscellaneous
Uses.
(1)
General. Buildings and structures of an accessory
character and miscellaneous structures not classified in any specific
use group shall be equipped and maintained to meet the requirements
of this code commensurate with the fire and life hazard incidental
to their use. Utility and miscellaneous uses shall include tanks,
cooling towers, sheds and agricultural buildings.
L.
Doubtful firesafety use classification.
(1)
General. When a building or structure is not specifically
provided for in this chapter or the classification of which is doubtful,
such building or structure shall be included in the firesafety use
group which it most nearly resembles in respect to the existing life
and fire hazard, and it shall be so classified by the Fire Official.
[Amended 3-12-2001 by Ord. No. 1949-01]
A.
All firesafety uses shall be inspected annually for
compliance with the provisions of this code. Where, in the opinion
of the Fire Official, there exist conditions liable to cause fire,
contribute to the spread of fire, interfere with fire-fighting operations
or endanger life or violations of the provisions or intent of this
code, he shall inspect as often as necessary for the purpose of ascertaining
these conditions and causing them to be corrected.
B.
Where a firesafety use is operated on a seasonal basis
or is in operation for only a portion of the year, an inspection for
compliance with the requirements of the Uniform Fire Code of New Jersey
shall be conducted immediately prior to opening and once during operation
of the use. A certificate of smoke detector and carbon monoxide alarm
compliance (CSDCMAC) or certificate of. smoke detector alarm compliance
(CSDAC) may be issued by the Fire Official of the Fire District where
the property is located for a seasonal rental unit for a period of
up to 12 months regardless of the number or frequency of changes in
tenancy.
[Amended 2-23-2004 by Ord. No. 4-2004]
C.
Where a use is found to be free of violation, the
enforcing agency shall issue a certificate of inspection, which shall
be posted by the owner of the use in a conspicuous location therein.
D.
Use Group R-3 and R-4 inspections. Use Group R-3 and
R-4 structures shall be inspected as per the requirements of N.J.A.C.
5:70-4.19(d) and in compliance with any and all technical amendments
to this code.
[Added 2-23-2004 by Ord. No. 4-2004]
[Amended 3-12-2001 by Ord. No. 1949-01]
A.
Whenever the local enforcing agency shall have cause
to believe a building or use is a firesafety use, then the agency
shall submit a registration survey to the owner of the building or
use. It shall be a violation of the chapter for an owner to fail to
complete and return such a survey within 30 days.
B.
The owner of a firesafety use shall file with the
local enforcing agency, upon forms provided by the local enforcing
agency, an application for a certificate of registration. Each application
shall include at least the following information:
(1)
The name, address and telephone number of the applicant.
(2)
Where the applicant is a corporation, the names and
residential addresses of each officer, director and stockholder holding
more than 10% of the stock. Stockholder information shall not be required
for a publicly traded stock corporation.
(3)
Where the applicant is a corporation, the name, address
and telephone number of the agent for service of process. The address
must be a physical location and shall not be a post office box.
(4)
A description of the use being applied for, including:
(a)
The geographical location, including street
address and tax lot and block numbers.
(b)
The height of the building in which the use
is located.
(c)
The location of the use in the building.
(d)
The floor area of the use.
(e)
The capacity when the use is public assembly.
(f)
A description of the processes carried out or
material stored when it is the process or storage which causes the
use to be subject to registration.
(5)
A description of any storage or activity which would
require a Type 4 permit pursuant to N.J.A.C. 5:70-2.7(a)6.
(6)
Where the owner of the use and the owner of the building
in which it is located are not the same, then the application shall
include the same information for the owner of the building as is herein
required for the owner of the use.
(7)
The name, address, physical location and telephone
number of the person responsible for the maintenance of the premises.
(8)
The name of the fire and liability insurance carriers,
the policy number and policy amount.
C.
Upon receipt of the application and the required registration
fee, the local enforcing agency shall forthwith issue to the owner
of the firesafety use a certificate of registration, which shall be
posted by the owner of the use in a conspicuous location therein,
but only upon subsequent receipt of a certificate of inspection. The
certificate of registration shall be in such form as may be prescribed
by the local enforcing agency.
D.
Where more than one firesafety use exists at a given
building or premises, then each such firesafety use shall be separate
and distinct and shall be registered separately. However, where more
than one firesafety use exists as part of the same storage or manufacturing
operation, only the most hazardous storage or manufacturing firesafety
use is required to be registered.
E.
When applying for registration, and thereafter as
required by this chapter, the owner of each firesafety use shall appoint
an agent for the purpose of receiving service of process and orders
or notices issued by the local enforcing agency pursuant to this chapter.
Each agent shall be either a resident of this state or a corporation
licensed to do business in this state.
F.
If the ownership of a firesafety use is transferred,
whether by sale, assignment, gift, intestate succession, testate devolution,
reorganization, receivership, foreclosure or execution of process,
the new owner shall file with the local enforcing agency, within 30
days of the transfer, an application for a certificate of registration
pursuant to Subsection M(3)(b) above and appoint an agent for the
service of process pursuant to this chapter.
G.
If an owner of a firesafety use has not fulfilled
the requirements of this section, the local enforcing agency shall
notify the owner in writing that he is in violation of this section
and shall order that registration be accomplished within 30 days.
The notice and order shali nclude an accurate restatement of the subsection
with which the owner has not complied. If the owner has not complied
with the order of the local enforcing agency within 30 days of the
date on which it was mailed, the local enforcing agency shall order
him to pay $500 for each registration. Pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:58-1 et seq., the local enforcing agency may issue
a certificate to the Clerk of the Superior Court stating that the
owner is indebted for the payment of the penalty, and the Clerk shall
immediately enter upon his record of docketed judgments the name of
the owner and of the local enforcing agency, a designation of the
chapter under which the penalty is imposed, the amount of the penalty
certified and the date the certification was made. The making of the
entry shall have the same effect as the entry of the docketed judgment
in the office of the Clerk but without prejudice to the owner's right
of appeal.
H.
The owner of each firesafety use in the fire district
shall pay to the local enforcing agency an annual registration fee
in the amount specified in this subsection. The annual registration
fee shall be paid when due.
I.
The owner of a fire safety use shall pay the annual
fee within 30 days of the day on which it is demanded by the local
enforcing agency. If he fails to do so, the local enforcing agency
may, pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et
seq., issue a certificate to the Clerk of the Superior Court stating
that the owner is indebted to the local enforcing agency for the payment
of the annual fee, and the Clerk shall immediately enter upon his
record of docketed judgments the name of the owner and of the local
enforcing agency, a designation of the chapter under which the fee
is assessed, the amount of the fee certified and the date the certification
was made. The making of the entry shall have the same effect as the
entry of a docketed judgment in the office of the Clerk but without
prejudice to the owner's right of appeal.
[Amended 2-13-1989 by Ord. No. 1447-89; 1-28-1991 by Ord. No. 1563-91; 12-9-1996 by Ord. No. 1797-96; 3-10-1999 by Ord. No. 1875-99; 3-12-2001 by Ord. No. 1949-01]
A.
The annual registration fee for annual inspection
of fire safety uses shall be as set forth in Schedule A, which is
attached hereto and made a part hereof.
[Amended 2-24-2003 by Ord. No. 4-2003; 3-9-2020 by Ord. No. 5-2020]
|
Schedule A
| |
|---|---|
|
Schedule of Annual Registration Fees
| |
|
Description
|
Fee
|
|
Assembly
|
0 to 1,500 square feet: $75
|
|
1,501 and over: $125
| |
|
Church
|
0 to 1,500 square feet: $75
|
|
1,501 and over: $125
| |
|
Stadium building
|
0 to 1,500 square feet: $75
|
|
1,501 and over: $125
| |
|
Business
| |
|
0 to 250 square feet
|
$56
|
|
251 to 3,500 square feet
|
$85
|
|
3,501 to 12,000 square feet
|
$114
|
|
12,001 to 24,000 square feet
|
$233
|
|
24,000 to 48,000 square feet
|
$432
|
|
Greater than 48,000 square feet
|
$798
|
|
Multi
|
$432
|
|
Educational
|
$165
|
|
Factory-MH
| |
|
Less than 3,500 square feet
|
$233
|
|
3,500 to 12,000 square feet
|
$542
|
|
Factory-LH
| |
|
Less than 3,500 square feet
|
$195
|
|
3,500 to 12,000 square feet
|
$432
|
|
12,001 to 24,000 square feet
|
$575
|
|
24,001 to 48,000 square feet
|
$655
|
|
Greater than 48,000 square feet
|
$805
|
|
Institutional
|
$155
|
|
Mercantile
| |
|
0 to 250 square feet
|
$56
|
|
251 to 3,500 square feet
|
$85
|
|
3,501 to 12,000 square feet
|
$114
|
|
Residential
| |
|
2- to 3-family
|
$75
|
|
4 to 11 units
|
$105
|
|
12 to 21 units
|
$155
|
|
Greater than 22 units
|
$233
|
|
Storage - MH
| |
|
Less than 3,500 square feet
|
$233
|
|
3,500 to 12,000
|
$542
|
|
Storage - LH
| |
|
Less than 3,500 square feet
|
$195
|
|
3,500 to 12,000
|
$432
|
|
12,001 to 24,000
|
$575
|
|
24,001 to 48,000
|
$655
|
|
Greater than 48,000
|
$805
|
|
Utility
|
$60
|
|
Vacant
|
$233
|
B.
Where more than one fire safety use exists under one
ownership at a given location, the highest fire safety use shall be
registered at full fee, and subsequent fire safety uses at 1/2 the
scheduled fee. Each fire safety use that is separately owned shall
be registered at full fee.
[Amended 3-9-2020 by Ord. No. 5-2020]
C.
The fee for issuance of a certificate of Fire Code
status shall be $50 per business.
[Amended 3-9-2020 by Ord. No. 5-2020]
D.
The fee for issuance of a fire investigation report
shall be $50.
[Added 2-23-2004 by Ord. No. 4-2004;
amended 3-9-2020 by Ord. No. 5-2020]
E.
The fee for issuance of fire investigation photos
shall be $25 per request.
[Added 2-23-2004 by Ord. No. 4-2004; 3-9-2020 by Ord. No. 5-2020]
F.
The duplication fee for public records shall be in
accordance with the New Jersey Open Public Records Act (OPRA), N.J.S.A.
47:1A-1 et. seq as follows:
[Added 2-23-2004 by Ord. No. 4-2004]
A.
It shall be unlawful to engage in any of the following
activities without first obtaining a permit from the Fire Official:
(2)
The use or operation of any fire hydrant intended
for the use of the Fire Department for fire-suppression purposes,
unless such person first secures a permit for such use from the Fire
Official and the Water Utility of the Department of Public Works.
This section shall not apply to the use of such hydrants by a person
employed by and authorized to make such use by the Department of Public
Works. The use of a hydrant for fire flow tests shall not require
a permit, but the user shall notify the Fire Official prior to such
tests.
B.
Permits shall be obtained from the Fire Official and
at all times shall be kept on the premises designated thereon and
be subject to inspection by the Fire Official.
C.
Application for a permit required by this chapter
shall be made to the local enforcing agency in such form and detail
as the Fire Official shall prescribe. Applications for permits shall
be accompanied by plans or drawings as required by the Fire Official
for evaluation of the application.
D.
Before a permit is issued, the Fire Official or the
Fire Official's designated representative shall make or cause to be
made such inspections or tests as necessary to assure that the use
and activity for which application is made complies with the provisions
of this chapter.
E.
A permit shall constitute permission to conduct such
activities in accordance with the provisions of this chapter. Such
permissions shall not be construed as authority to violate, cancel
or set aside any of the provisions of this chapter. Unless revoked,
said permit shall remain in effect for a period of one year, unless
specified. Permits are not transferable, and any change in use, operation
or tenancy shall require a new permit The permit is not used in lieu
of permits required by any other regulatory agency and does not relieve
the applicant of the duty to obtain such permits if any are required.
F.
Plans approved by the Fire Official are approved with
the intent that they comply in all respects with this chapter. Any
omission or error on the plans does not relieve the applicant of complying
with all applicable requirements of this chapter.
G.
The Fire Official may revoke a permit or approval
issued under the provisions of this chapter if, upon inspection, any
violation of the chapter and/or the provisions of the New Jersey Fire
Safety Act and/or the regulations promulgated thereunder exists or
if conditions of a permit have been violated or if there has been
any false statement or misrepresentation as to material fact in the
application, data or plans on which the permit or approval was based.
H.
Any permit issued shall become invalid if the authorized
work or activity is not commenced within six months after issuance
of the permit or if the authorized work or activity is suspended or
abandoned for a period of six months after the time of commencement.
I.
A permit shall not be issued until the designated
fees have been paid.
The fee for permits as required under § 79-9 of this chapter shall be $25.
[Amended 3-12-2001 by Ord. No. 1949-01; 7-28-2008 by Ord. No. 16-2008]
The permit fees shall be those established by
the New Jersey Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.
[Amended 2-23-2004 by Ord. No. 4-2004; 3-9-2020 by Ord. No. 5-2020]
A.
The application fee for a certificate of smoke detector/carbon
monoxide alarm compliance and portable fire extinguisher compliance
(CSACMAPFEC) as required by N.J.A.C. 5:70-2.3 and N.J.A.C. 5:70-4.19
shall be as described in N.J.A.C. 5:70-2.9(d).
B.
The fee for a second or further succeeding reinspection
pursuant to the inspection for smoke detector compliance CSDCMAC or
CSDAC shall be $45.
[Amended 2-13-1989 by Ord. No. 1447-89; 2-23-2004 by Ord. No. 4-2004; 11-8-2004 by Ord. No. 28-2004]
The following sections are added to the New
Jersey Uniform Fire Code:
|
SECTION L4318 FIRESAFETY TRAINING AND
EDUCATION
| ||
|---|---|---|
|
L4401 Open burning. These rules
shall apply to all use groups, including R-3 and R-4.
| ||
|
L4401.1 Portable outdoor fire pits. An outdoor fire pit that permits the products of combustion to be
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber is prohibited. A chamber shall
be regarded as enclosed, when, during the time combustion occurs,
only apertures, ducts, stacks, flues or chimneys necessary to provide
combustion air and permit the escape of exhaust gas are open.
| ||
|
L4401.2 Portable outdoor fireplaces. An outdoor fireplace shall be permitted, provided the appliance
is designed to allow the products of combustion to be emitted directly
into the ambient air by passing through a stack or chimney from an
enclosed chamber. A chamber shall be regarded as enclosed, when, during
the time combustion occurs, only apertures, ducts, stacks, flues or
chimneys necessary to provide combustion air and permit the escape
of exhaust gas are open. Portable outdoor fireplaces shall not be
used:
| ||
|
(1)
|
Within any building or dwelling unit.
| |
|
(2)
|
On any combustible porch. balcony or any other
combustible portion of a building.
| |
|
(3)
|
Within 10 feet of any combustible exterior wall.
| |
|
(4)
|
Within 10 feet, vertically or horizontally,
of an opening in any wall.
| |
|
(5)
|
Under any building overhang.
| |
|
(6)
|
Within 10 feet of any combustible landscaping
or ground covering.
| |
|
L4401.3 No other open burning shall
be permitted except:
| ||
|
(1)
|
In accordance with a permit issued under the
provision of N.J.A.C. 7:27-2. administered by the State Forest Fire
Service in the New Jersey Department of Environmental Protection.
| |
|
(2)
|
With the approval of the Fire Official pursuant
to the regulations published in Section F-403.0 et seq. of the New
Jersey Uniform Fire Code.
| |
|
L4401.4 Enforcement.
| ||
|
L4401.4A The uniformed Fire Officials,
uniformed Fire Inspectors and uniformed Fire Chiefs of the designated
respective Fire District of the Township of Moorestown are empowered
to issue summonses to any offending party.
| ||
|
L44111.4B Upon the first finding
of violation of technical amendment, a written warning will be issued
by the unformed Fire Officials, uniformed Fire Inspectors and uniformed
Fire Chiefs of the designated respective Fire Districts, providing
notification to the person(s) in violation of the requirements stating
the requirements of this section and the penalties for subsequent
violation. This notification, properly executed, shall be hand deliver
with signature or sent via United States Postal Service certified,
return receipt.
| ||
|
L4401.4C Upon second finding of
violation, a monetary penalty will be issued on a form cognizable
before the Municipal Court of the Township of Moorestown. Any and
all hearings to be held in connection with summonses issued hereunder
shall be held before said Municipal Court pursuant to the Penalty
Enforcement Law, N.J.S.A. 2A:58-10 et seq.
| ||
|
LL4401.4D The penalty for violating
Section L4401l et seq. this section of this code shall be a maximum
of $500, plus court costs payable to the Clerk of the Municipal Court.
All penalties assessed as a result of summonses issued by the uniformed
Fire Officials, uniformed Fire Inspectors and uniformed Fire Chiefs
of the designated respective Fire Districts will be paid thereafter
by the Court Clerk to the Treasurers of the respective Fire Districts.
| ||
|
L4403.1.2 Maintenance of fire-suppression
equipment: A person shall not obstruct, remove, tamper with
or otherwise disturb any fire hydrant or fire appliance required to
be installed or maintained under the provisions of the Uniform Fire
Code except for the purpose of extinguishing fire, training or testing
purposes, recharging or making necessary repairs or when permitted
by the Fire Official. Whenever a fire appliance is removed as herein
permitted, it shall be replaced or reinstalled as soon as the purpose
for which it was removed has been accomplished. Defective and nonapproved
fire appliances or equipment shall be replaced or repaired as directed
by the Fire Official.
| ||
|
L4403.3.1 Water supply and access roads
for construction sites: Prior to the start of any frame-building
construction, the use, storage or installation of arty combustible
or flammable material or the use of any temporary heating device,
the following must be complied with:
| ||
|
(1)
|
An all-weather, truck-bearing road giving access
to the construction site shall be provided and maintained to the satisfaction
of the Fire Official until permanent vehicular roads are in place
and usable by fire-suppression apparatus.
|
|
(2)
|
When municipally owned and maintained water
mains and fire hydrants are proposed to serve a construction site,
they shall be constructed in accordance with a design approved by
the Department of Public Works and shall be operational to the satisfaction
of the Department of Public Works.
|
|
(3)
|
When privately owned and maintained water mains
and fire hydrants are proposed to serve a construction site, they
shall be constructed in accordance with a design approved by the Fire
Official and shall be operational to the satisfaction of the Fire
Official.
|
|
(4)
|
When alternative water sources for fire-suppression
purposes are proposed in lieu of water mains and hydrants, such water
sources, associated piping and appurtenances shall be constructed
in accordance with a design approved by the Fire Official and be operational
to the satisfaction of the Fire Official.
|
|
(5)
|
The Director of Public Works or the Fire Official,
where appropriate in accordance with Paragraphs 1 to 4 above, shall
have the right to waive any portion of the above requirements if,
in their opinion, such waiver does not constitute a distinct hazard
to life, property or public health.
|
|
L4403.3.2 Fire separation walls during
construction: A temporary fire separation shall be provided
for all wall openings and other unprotected openings in existing buildings
to separate new construction or to separate major alterations in adjoining
buildings or parts of buildings where, in the affected building or
portion of buildings, no permit has been issued pursuant to the Uniform
Construction Code of the State of New Jersey[1] but which leaves said building or portion of building
vulnerable to fire from areas under permit and under construction
or alteration when such building is classified as a life-hazard use.
The separation shall provide a fire rating of at least two hours and
may be provided through the use of fire separation partitions, fire
suppression equipment and/or through the use of other nationally recognized
methods. At the discretion of the Fire Official, a firesafety use
building may be separated by a lesser degree of protection. Nothing
in this requirement shall prevent the required temporary fire separation
from being a permanent part of the structure involved.
|
|
L4501.2.1 Exit discharges and public way
obstructions: Exit discharges and public ways shall not be
used for any purpose other than a means of egress. They shall not
be used for the storage of combustible or noncombustible material
nor the parking of motor vehicles, trailers or other mobile equipment.
When so ordered by the Fire Official, they shall be marked to the
full width of 10 feet for a distance of 20 feet from the exit.
|
|
L4209.1.6 Transfer of hazardous waste: If a facility or its agent is transferring, packing or preparing
hazardous waste material, within the meaning of 42 U.S.C.A. § 6903
et seq. and N.J.A.C. 7:26-7.4 et seq. and all other applicable laws
and regulations, for shipment to a disposal site, the facility shall
notify the Fire Official in writing at least 72 hours prior to beginning
the operation and immediately upon its completion.
|
|
L4311.1.1 Fire lanes: Approval by reference: Fire lanes shall be all fire lanes as created pursuant to Ordinance
No. 1403 of the Township of Moorestown and all subsequent resolutions
adopted pursuant to that ordinance by the Township Council of the
Township of Moorestown approving the designation of fire lanes.
|
|
L4311.5 Fire lane enforcement:
|
|
(a)
|
It shall be a violation of this code and ordinance
for any person to park a motor vehicle in or otherwise obstruct a
fire lane at any time.
|
|
(b)
|
The Uniformed Fire Officials and Uniformed Fire
Inspectors of the designated local enforcing agencies of the respective
fire districts of the Township of Moorestown are empowered to issue
summonses to any offending party.
|
|
(c)
|
All such summonses will be on a form cognizable
before the Municipal Court of the Township of Moorestown, and any
and all hearings to be held in connection with any summonses issued
hereunder shall be held before said Municipal Court pursuant to the
Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
|
|
(d)
|
The penalty for violating Section L4311.5(a)
of this code (referenced Section F311 et seq. of the State Fire Prevention
Code) shall be a maximum of $25, plus court costs payable to the Clerk
of the Municipal Court. All penalties assessed as a result of summonses
issued by the Uniformed Fire Officials and Uniformed Fire Inspectors
of the respective fire districts will be paid thereafter by the Court
Clerk to the treasurers of the respective fire districts.
|
|
L4311.6 Secured Opening Key Boxes
| |||
|
(A)
|
Installation; contents.
| ||
|
1.
|
When a property is protected by an automatic
alarm system, and access to or within a structure or an area on that
property is impeded by secured openings, and where immediate access
might become necessary for lifesaving or fire-fighting purposes, the
Fire Official may require a key box to be installed in an approved
location. The key box shall be a type approved by the Fire Official
and shall be installed at the expense of the property owners.
| ||
|
2.
|
The key box shall contain:
| ||
|
(a)
|
Keys to locked points of ingress whether on
the interior or exterior of such buildings.
| ||
|
(b)
|
Keys to locked mechanical equipment rooms.
| ||
|
(c)
|
Keys to locked electrical rooms.
| ||
|
(d)
|
Keys to elevator control rooms.
| ||
|
(e)
|
Keys to other areas as directed by the Fire
Official.
| ||
|
(f)
|
Other material as directed by the Fire Official.
| ||
|
(B)
|
All keys shall be clearly labeled or marked
to identify the doors they open or the devices they operate.
| ||
|
(C)
|
Keys placed in the key box shall be in addition
to any other key placement required by any other code or agency.
| ||
|
(D)
|
Application.
| ||
|
1.
|
This section applies to both existing and future
structures, but shall not apply to one- and two-family dwellings.
| ||
|
(E)
|
Approvals.
| ||
|
1.
|
The Fire Official shall, within 90 days of the
effective date of this section, develop a list of specifications for
key boxes and submit said specifications to the Township Planning
Board for the Planning Board's use. Any box complying with those specifications
shall be deemed to be approved. Until such specifications are developed
and at any time thereafter, any property owner may request the Fire
Official to render a determination as to whether a particular key
box, which does not comply with the specifications, can be approved
for installation.
| ||
|
2.
|
Before installing any key box required by this
section, the property owner shall contact the Fire Official to receive
the appropriate forms and location approval for installation.
| ||
|
3.
|
The owner shall notify the Fire Official within
48 hours of receipt of the key box.
| ||
|
4.
|
The key box shall be installed at the approved
location no more than seven days after receipt.
| ||
|
5.
|
The key box shall be locked by the Fire Official
or Fire Chief with all keys required under this chapter not more than
seven days after receipt.
| ||
|
(F)
|
Fees.
| ||
|
1.
|
The Fire Official may determine appropriate
fees for processing an application to determine whether a key box
which does not comply with the specifications can be approved for
installation and a request for designation or approval of proposed
locations for key boxes. Such fees shall become effective upon adoption
by resolution of the Township Council.
| ||
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et.seq.
Each fire district shall appoint legal counsel
to assist the local enforcing agency under their jurisdiction in the
enforcement of this chapter.
