Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 2002-78 (Ch. 8.52 of the 1998 Code)]

§ 189-5 Enforcement of Uniform Fire Code.

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 established limits of Fire District No. 1 (Montville), Fire District No. 2 (Towaco) and Fire District No. 3 (Pine Brook) in the Township of Montville.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 189-6 Designation of enforcing agency.

The local enforcing agencies shall be the respective Fire Prevention Bureaus of Fire Districts 1, 2 and 3 aforementioned, each within the limits established for the respective Fire District. Each Bureau of Fire Prevention shall consist of the Fire Official and such inspectors and employees as may be necessary to carry out the responsibilities set forth in the Uniform Fire Code.

§ 189-7 Powers and duties of enforcing agency.

The local enforcing agencies 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 each respective Fire District, other than owner-occupied one- and two-family dwellings, 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.

§ 189-8 Inspection of life hazard uses.

Each local enforcing agency established by § 189-6 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 the Department of Community Affairs.

§ 189-9 Organization of enforcing agency.

Each local enforcing agency established in this article shall be a part of its respective Fire District and shall be under the direct supervision and control of the Fire Official. The Fire Official shall report to the Board of Fire Commissioners of his/her district.

§ 189-10 Fire Officials; appointments; removal.

A. 
Each Fire Official shall be appointed by his/her respective Board of Fire Commissioners to serve within that district. The Fire Chief and Assistant Chief of the respective Volunteer Fire Department may make recommendations to the Board for said appointment.
B. 
Such inspectors and other employees as may be necessary to properly carry out the responsibilities of the local enforcement agency shall be appointed by each respective Board of Fire Commissioners, subject to the availability of funds in the respective Fire District's budget. Such inspectors and other employees shall be under the supervision of the Fire Official.
C. 
The Fire Official, inspectors and other employees of the local enforcing agency shall be subject to removal by the respective Board of Fire Commissioners. Upon request, said employee shall be entitled to a hearing before the respective board or a hearing officer designated by it prior to removal.

§ 189-11 Joint Uniform Fire Code Review Board.

A. 
For the purpose of coordinating the three local enforcement agencies established in this article, recommending to the Township Committee such amendments to the fire prevention ordinances and insuring that the Uniform Fire Safety Act, codes, regulations and Township ordinances are enforced, there is hereby created a Joint Uniform Fire Code Review Board. Said Board shall be composed of the Fire Official, Fire Chief, Assistant Chief and one Fire Commissioner from each of the respective Fire Districts organized in the Township of Montville. Each representative of the Joint Uniform Fire Code Review Board shall serve for a term of one year. Vacancies shall be filled for the unexpired term.
B. 
The Joint Uniform Fire Code Review Board shall meet at least semiannually and at such other times as are necessary for the purpose of carrying out its duties. A quorum shall consist of any seven members, irrespective of whether representatives from each Fire District are present.
C. 
The Joint Uniform Fire Code Review Board shall adopt such operational policies as are necessary for Board function by a majority vote. The Board shall elect, annually, one member to serve as Chair at its meetings. The Chair shall preside at said meetings and shall have the right to vote as any other member. The Chair shall have no other powers or duties. As to any matter not covered by the rules of procedure set forth herein, Robert's Rules of Order shall apply.
D. 
The Joint Uniform Fire Code Review Board shall have the following duties:
(1) 
To communicate fire safety information and concerns to and from the Fire Officials and the various Fire Districts and Fire Departments;
(2) 
To review, approve and submit to the Township Committee all amendments to this article which are proposed by the Fire Officials, Board of Fire Commissioners, Fire Departments and such other agencies or individuals which may propose amendments to the Fire Safety Ordinance.

§ 189-12 Additional inspections; fees.

[Amended by Ord. No. 2004-79]
A. 
In addition to the inspections and fees required pursuant to the Uniform Fire Safety Act and the Codes and Regulations of the Department of Community Affairs, the inspections and fees set forth in §§ 189-13, 189-14 and 189-15 shall be required locally.
B. 
The application fees for permits are set forth in Chapter 169, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 189-13 Inspections.

The local enforcing agency shall cause to be inspected at least once each year all buildings, structures or premises, including multiple-family dwelling units of Use Group R-2 as defined in the New Jersey Uniform Construction Code. Inspections shall not be required for single-family dwellings of Use Group R-3 as defined in said code. The owner or owner's representative shall be present at the time of the scheduled inspection to open each unit and accompany the inspector during the inspection.

§ 189-14 Certificate of registration; fees.

A. 
The owners of all businesses, occupancies, buildings, structures or premises required to be inspected under § 189-13 shall apply annually to the local enforcing agency for a certificate of registration upon forms provided by the Fire Official. It shall be a violation of this article for an owner to fail to return such forms to the local enforcing agency and/or Fire Official within 30 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution of process or any other method, the new owner shall file with the local enforcing agency an application for a certificate of registration after notification by the local enforcing agency and/or the Fire Official.
B. 
The application shall be accompanied by fees in accordance with Chapter 169, Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 189-15 Plan review fee. [1]

A request for a land use plan review or other written report associated with a development or waiver of site plan application in the Township shall be accompanied by the fee set forth in Chapter 169, Fee Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 189-16 Photocopies. [1]

Anyone wishing to purchase copies of public records maintained in the offices of the respective Fire Prevention Bureaus may do so in accordance with the fees for copies of documents set forth in Chapter 169, Fee Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 189-17 Waivers.

The following groups shall be exempt from the local registration fees; however, they shall be required to properly apply for permits and registrations and comply with all the code requirements:
A. 
Board of Commissioners.
B. 
Volunteer fire departments.
C. 
Volunteer ambulance squads.
D. 
Nonprofit civic groups.
E. 
Churches and other recognized religious organizations.
F. 
The Township of Montville.
G. 
The Montville Township Board of Education.

§ 189-18 Adoption of standards.

The Fire Prevention Code adopted under N.J.A.C. 5:70-3 et seq. is hereby supplemented by the following sections:
A. 
Scope. This section shall apply to all buildings, structures or premises located within the Township of Montville.
B. 
Permits.
(1) 
Type I permits. The following permits shall be classified as Type I permits:
(a) 
Asphalt (tar) kettle. No person, firm or corporation shall make use of or fire any asphalt (tar) kettle without first securing a permit from the Fire Official.
(b) 
Flammable or combustible liquids. A permit shall be obtained from the Fire Official to store greater than 120 gallons of flammable or combustible liquids above ground or to store any amount of flammable or combustible liquids in underground tanks. One- and two-family dwellings are exempt from this requirement.

§ 189-19 Miscellaneous provisions.

A. 
Fire alarms; reporting; response to fire alarms and evacuation of premises.
[Amended 9-11-2012 by Ord. No. 2012-26]
(1) 
The Fire Official shall investigate, or cause to be investigated, the activation of any false fire alarm, fire detector or fire-protection system occurring within his/her jurisdiction to determine the cause for such activation and to take action to ensure that the device and/or equipment has been properly restored to full service and shall forward that report to the chief of the district.
(2) 
It shall be a violation of this section for any person responsible for property, occupancy or equipment to fail to report immediately to the Fire Department and/or the Fire Official the activation of any fire alarm or attempted arson or to fail to report the spill or leakage of any flammable or combustible liquid or gas or any hazardous material.
(3) 
All suppression systems and required fire-detection alarms shall be connected to a commercial central station alarm system which complies with NFPA No. 71/NFPA 72C and Underwriters Laboratories (UL) standard UL 827 and shall be approved by the Fire Official as a remote station.
(4) 
Response to fire alarms.
(a) 
Upon the activation of a fire alarm or other emergency warning system in any structure other than a one- or two-family dwelling, the owner, tenant, occupant, or their designated representative shall respond to the structure in order to reset the alarm system, if necessary, and to provide the Fire Department access to the interior of the structure. The designated representative shall respond to the structure within one hour after being notified.
(b) 
Upon activation of a fire alarm or other emergency warning system in any structure other than a one- or two-family dwelling, the owner, tenant, occupant, or their designated representative shall not silence or reset the alarm panel until authorized to do so by the District Fire Chief or his/her representative.
(c) 
Failure to comply with the above requirements may subject the responsible party, as defined above, to a penalty pursuant to the Uniform Fire Code, N.J.S.A. 52:27D-192 et seq.
(5) 
Evacuation of premises.
(a) 
When a fire alarm occurs in any building, structure or premises (hereinafter "premises"), the occupants shall immediately leave the premises. No persons shall enter or reenter the premises, until authorized to do so by the District Fire Chief or his/her representative.
(b) 
Any person who refuses to leave and/or interferes with the evacuation of other occupants or continues any operation after the fire alarm is activated shall be subject to a penalty pursuant to the Uniform Fire Code, N.J.S.A. 52:27D-192 et seq.
(c) 
The Fire District Chief or his representative shall certify in writing to the Fire Official any violations of the above-noted subsections prior to the issuance of any notice of violation or penalty.
B. 
Fire hydrants.
(1) 
Blocking hydrants or connections. No person shall obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connections located on public or private property.
(2) 
Use of appliances. A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained, except for the purpose of extinguishing fires, training, testing or making necessary repairs. 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.
(3) 
Fire hydrants; placement and operation. The Fire Official shall designate and approve the number and placement of fire hydrants. A fire hydrant shall not be placed into or removed from service unless approved by the Fire Official. Hydrants placed out of service shall be marked in a manner approved by the Fire Official.
(4) 
Fire Department connections. All new and existing Fire Department siamese connections, where required by the Fire Official, shall be provided with a light with a red lens, continuously illuminated.
C. 
Equipment rooms. No storage of any kind shall be permitted within any mechanical equipment, electrical, furnace or boiler room.
D. 
Street obstructions. A person or persons shall not erect, construct, place or maintain any fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the municipality without notification of the Fire Official. The word "street," as used in this article, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.
(1) 
Road bumps.
(a) 
All road bumps on private lanes or roadways within residential developments or on Board of Education property which are designed for public safety purposes shall not be installed without the approval of the Fire Official.
(b) 
Maintenance. Road bumps, when installed, shall be maintained as constructed. The Fire Official shall have authority to order the repair or removal of an existing road bump and its associated markings if not maintained in good condition.
E. 
Fire lanes. The Fire Official may require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus, access for firefighting or the egress of occupants.
(1) 
Markings. The owner shall, within 30 days of being given a notice to do so by the Fire Official, mark the lanes as follows:
(a) 
Signs constructed of metal and with raised red letters a minimum of two inches in size on a white background with the wording NO PARKING FIRE LANE shall be posted. Spacing of the signs shall be even, with a minimum of one sign for every 100 feet of a fire lane or part thereof, or as ordered by the Fire Official.
(b) 
The area of the fire lane on improved areas shall be delineated along its entire circumference, with yellow lines four inches in width. Within the yellow lines shall be marked NO PARKING FIRE LANE in yellow letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the Fire Official. The inside of the fire lane shall be further marked with diagonal striping, yellow in color and four inches in width, spaced at intervals of five feet. If the designated fire lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.
(2) 
Size. Fire lanes for vehicle access shall be a minimum of 18 feet in width. Fire lanes for egress of occupants shall be a minimum of at least the width of the exitway served.
(3) 
Notification. Once a fire lane has been designated by the Fire Official and properly marked by the owner of the premises, the Fire Official shall notify the Municipal Clerk in writing requesting an appropriate ordinance officially designating said fire lane.
(4) 
Unpaved areas. Unpaved fire lanes installed on public or private property shall comply with the fire lane typical details installation methods blueprints available from the Montville Engineering Department and be approved by the Fire Official. Selection of a method to be used as per the typical details shall be subject to the approval of the Fire Official. Signs and markings shall be provided as required by the Fire Official.
(5) 
Restricted access. Gates, chains or other methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Official prior to installation.
(6) 
Installation and maintenance. Fire lanes shall be maintained and installed by the owner of the premises in conformance with the provisions of this section. Fire lanes in existence prior to the enactment of this section shall be required to conform to the provisions herein where required by the Fire Official.
(7) 
Obstructions. Designated fire lanes shall be maintained free of obstructions and vehicles at all times.
(8) 
Violations and penalties. Any person who is convicted of parking in a designated fire lane shall be subject to a minimum fine of $75.
F. 
False alarms.
(1) 
It shall be the responsibility of all persons, entities, firms, corporations or other groups that maintain fire alarm systems in the Township to prevent the transmissions of false alarms through a program of training and periodic inspection and maintenance of the system. The maximum permissible number of false alarms from any one location shall not exceed one in any twelve-month period. A number of false alarms in excess of these standards shall constitute a violation of this subsection and the following penalties shall apply:
False Alarm
Penalty
First
Warning notice
Second
$25
Third
$50
Fourth
$75
Fifth
$100
Sixth
$125
Seventh
$150
Eighth
$175
Ninth
$200
Tenth and any additional false alarms within a twelve-month period
$250
(2) 
Failure to pay the aforesaid penalty within 30 days of the billing therefor or an accrual of unpaid service charges totaling $500 or more shall constitute a separate violation of this section.
(3) 
Any person, firm or company that causes the transmission of a false alarm for testing or maintenance purposes, without advanced notification to the Fire Official, shall be guilty of a violation of this article and shall be subject to a fine of $250 for each occurrence.

§ 189-20 Key boxes.

[Amended 3-10-2015 by Ord. No. 2015-06]
A. 
When access to or within a building or structure other than owner-occupied one- and two-family dwellings not subject to the Uniform Fire Code, N.J.A.C. 5:70-1 et seq., is unduly difficult because of secured openings or where immediate access is necessary for life-saving or for fire-fighting purposes, the local enforcing agency may require at its discretion a key box to be purchased and installed by and at the expense of the owner or occupant of the structure in an accessible location to be approved by the local enforcing agency.
B. 
For the purposes of this section, the following criteria shall be utilized by the local enforcing agency determining whether a key box is required.
(1) 
The need for forcible entry during hours in which the structure is unoccupied.
(2) 
Whether the building is equipped with a sprinkler system and/or an automatic alarm system.
(3) 
Whether there exists an area within the structure that may not be visible from the exterior of the structure.
(4) 
The types of occupancy or hazards contained in the structure.
(5) 
Whether the structure contains multiple occupants.
C. 
The high-security key box shall be of a type approved by the Fire Official and shall be uniform within the jurisdiction of the local enforcing agency. Access to key boxes shall be available only to authorized personnel and only by the master key.
D. 
The key box shall contain the following items:
(1) 
Updated keys necessary for access to all portions of the premises.
(2) 
Keys to fire alarm control panels, keys necessary to operate or service fire alarm control panels and keys necessary to operate or service fire-protection systems.
(3) 
Electronic entry cards.
(4) 
Elevator and emergency information.
(5) 
Floor plans.
(6) 
Hazardous material locations.
(7) 
Any other pertinent information which may be needed in an emergency or as required by the Fire Official.
E. 
The key box shall be maintained by the owner or occupant of the premises.
F. 
Any person found guilty of failing to install a key box as required pursuant to this section shall be punished by a minimum fine of $100. Each and every day that the violation continues shall be considered a separate offense.