[Adopted by Ord. No. 2002-78 (Ch. 8.52 of the 1998 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.
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.
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.
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.
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.
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.
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.
[Amended by Ord. No. 2004-79]
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.
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.
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.
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.
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:
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.
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 and connections.
[Amended 10-10-2017 by Ord. No. 2017-34]
(1)
General. Public and private fire hydrant connections and appliances
shall be installed and maintained in accordance with this section.
(2)
Blocking hydrants and connections. No person shall obscure from view,
damage, deface, obstruct or restrict the access to any fire hydrant
or any Fire Department connection, including fire hydrants or Fire
Department connections located on public or private property.
(3)
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 under the provisions of this code, except
for the purpose of extinguishing fire, 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.
(4)
Public water supply. The Fire Official shall recommend to the Township
Water and Sewer Department the location or relocation of fire hydrants
and the placement or replacement of inadequate water mains located
upon public property and deemed necessary to provide adequate fire
flow and distribution pattern. 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.
(5)
Private yard systems. All new and existing oil storage plants, lumberyards,
amusement or exhibition parks, educational or institutional complexes,
residential, commercial or industrial occupancies and uses involving
high fire or life hazards or properties which have lot depths of greater
than 150 feet from a public street or which require that the public
water distribution system be augmented shall provide properly placed
fire hydrants. Such fire hydrants shall be capable of supplying fire
flows as required by the Fire Official and shall be connected to a
water system in accordance with good engineering principles and according
to local standards. The Fire Official shall designate and approve
the number and placement of fire hydrants. Private hydrants shall
not be placed into or removed from service unless approved by the
Fire Official.
(6)
Fire hydrant local standard. The following provisions shall be considered
minimum standards for the installation and placement of public or
private fire hydrants:
(a)
Public hydrants. Hydrants in single-family residential zones
shall be spaced with a hydrant installed at each intersection and
one every 500 feet along the roadway(s), measured along the roadway
edge. Hydrants in residential townhouse, condominium, cluster and
multifamily zones shall be spaced with a hydrant at each intersection
and one every 400 feet along the roadway edge. Hydrants in business,
commercial and industrial zones shall be spaced with a hydrant at
each intersection and one every 300 feet along the roadway(s), as
a minimum requirement.
(b)
Private hydrants. Hydrants installed on private property shall be located and spaced as specified in Subsection B(6)(a) above.
(c)
Additional requirements. All hydrants, both public and private,
shall have two outlets of 2.5 inches and one outlet of 4.5 inches,
with National Standard threads; be located within 24 inches of a curb,
roadway, fire lane or parking area; be provided with an individual
control valve; be supplied by a water main a minimum of eight inches
in diameter, which shall be maintained up to the individual hydrant
valve and shall not be more than 10 feet from the hydrant, and shall
be installed in accordance with the standards of the American Water
Works Association and NFPA 24.
(d)
Approval. The Fire Official shall approve the placement and
water supply piping of all fire hydrants prior to installation.
(e)
All Township fire hydrants to be painted red.
(f)
A fire hydrant shall be within 50 feet of a fire department
connection.
(7)
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.
[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.
