[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown 10-12-2005 by Ord. No. 2005-8. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Appendix A Local Use Fee Schedule
Uniform construction codes — See Ch. 57.
Residential rental property inspections — See Ch. 86.
Editor's Note: This ordinance superseded Ord. No. 2005-3, adopted 3-9-2005, which ordinance superseded former Ch. 85, Fire Prevention, adopted by Ord. No. 1975-4 as Ch. XII of the Revised General Ordinances, as amended.
In accordance with the provisions of N.J.S.A. 52:27D-192 et seq., the Uniform Fire Safety Act (P.L. 1983, c 383), the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Wrightstown by the Wrightstown Borough Bureau of Fire Prevention.
The local enforcing agency shall be the Wrightstown Borough Bureau of Fire Prevention and shall hereafter be referred to as the "Bureau" or "local enforcing agency."
The Bureau shall consist of at least one paid Fire Official/Marshal and such paid fire inspector(s) as may be required to carry out the intent of the Code, as well as any other support staff as may be required by the Fire Official/Marshal and approved by the Council, if the support staff is compensated. The Fire Official/Marshal can select support staff volunteers without Council approval. The Marshal shall have the power to terminate volunteers and recommend to the Council termination of paid support staff.
The Bureau shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures, and premises within the established boundaries of the Borough of Wrightstown, and any other municipalities where the Bureau is designated as the local enforcing agency, other than owner-occupied one- and two-family dwellings used exclusively for dwelling purposes, and faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The Bureau of Fire Prevention shall be under the direct supervision and control of a Fire Official/Marshal who shall report to the Borough Council, represented by the Wrightstown Borough Emergency Management Coordinator and the Public Safety Committee of the Wrightstown Borough Council.
The governing body shall hereby appoint a temporary Fire Official/Marshal in the absence of the duly appointed Fire Official/Marshal.
The governing body shall appoint a/any temporary fire inspector(s) in the absence of the duly appointed fire inspector(s).
The Fire Official/Marshal shall be certified by the state and appointed by the governing body from a list that may contain three names submitted by the Chief of the Wrightstown Volunteer Fire Company No. 1. The recommended person for the position shall be an active member of the Wrightstown Volunteer Fire Company No. 1 and the Jacobstown Volunteer Fire Company as set forth by their constitution and bylaws concerning qualifications for Fire Official/Marshal.
The Fire Official/Marshal shall be a state-certified interior fire fighter and a state-certified EMT-B. Said certification shall be maintained for the duration of employment.
The Fire Official/Marshal shall meet all the qualifications for the position as required by law.
The Fire Official/Marshal shall enforce the New Jersey Uniform Fire Code, all related ordinances of the Borough of Wrightstown, and those regulations set forth in the New Jersey Administrative Code or adopted locally in accordance with the authority vested in the New Jersey Uniform Fire Code.
The Fire Official/Marshal shall:
Be in charge of the day-to-day operations of the Bureau.
Take all actions necessary to enforce the provisions of the Fire Safety Act.
Make or cause to be made an investigation of each occurrence of fire within the jurisdiction of the Bureau.
Provide the Borough Council a monthly report of the Bureau's activities and, upon request, any additional reports or information relating to the Bureau.
Establish standard operating procedures for the Bureau.
Respond to enforcement and information requests from the Fire Municipal Clerk and provide the Clerk with such reports as may be requested.
The fire inspector(s) and other employees shall be appointed by the governing body upon the recommendation of the Fire Official/Marshal. The recommended persons(s) for the position of fire inspector(s), shall be an active member of both the Wrightstown Volunteer Fire Company No. 1 and the Jacobstown Volunteer Fire Company.
The fire inspector(s) shall be a state-certified interior fire fighter and a state-certified EMT-B. Said certification shall be maintained for the duration of employment.
The fire inspector(s) shall meet the qualifications for the position as required by law.
The governing body shall specifically appoint legal counsel, from a list which may contain three names submitted by the Fire Official/Marshal, to assist the Bureau in enforcing the code.
The term of office for the Fire Official/Marshal shall be three years. Any vacancy shall be filled for the unexpired term.
The Fire Official/Marshal, fire inspector(s), or other employees of the Bureau shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing office designated by the same.
The temporary Fire Official/Marshal shall need only the qualifications, as required by the state of New Jersey, to be appointed.
The temporary fire inspector(s) shall need only the qualifications, as required by the State of New Jersey, to be appointed.
The Bureau shall carry out the registration and periodic inspections of life-hazard uses as required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
In addition to the inspections and fees required pursuant to the New Jersey Fire Safety Act and the regulations of the State of New Jersey Department of Community Affairs, additional inspections and fees shall be required for local uses, none of which shall apply to fees or inspections of life-hazard uses as governed by the New Jersey Uniform Fire Safety Act.
Whenever the Fire Official/Marshal shall have cause to believe a building or use is a local use, he shall serve a registration survey on the owner of the building or use. It shall be a violation of this chapter for an owner to fail to complete and return the survey within 30 days of receipt of same.
A registration survey shall contain at least the following information:
The name, address, and telephone number of the applicant.
The name, address, and telephone number of the use.
A description of the use being registered, including:
The geographical location, including block and lot number;
The height of the building in which the use is located;
The location of the use in the building;
The floor area of the use;
The capacity, when the use is public assembly;
A description of the processes carried out or materials stored;
The occupant or tenant information;
Emergency contact information;
Alarm system information; and
Knox box location and contents.
When more than one local use exists at a given business or entity, only the primary use shall be registered, with the remaining uses listed as accessory uses incidental to the primary use.
When applying for registration and thereafter as required by this chapter, the owner of each local use shall appoint an agent for the purpose of receiving service process and orders or notices issued by the Bureau pursuant to this chapter. Each agent shall be a resident of this state or a corporation licensed to do business within this state. If the owner of a local use has not fulfilled the requirements of this section, the Fire Official/Marshal 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 shall include an accurate restatement of the subsection with which the owner has not complied.
Failure to comply with the order of the Fire Official/Marshal within 30 days of the date on which it was received by the owner shall result in the imposition of a penalty in the amount of $500 for each violation. Each day of continued failure to comply shall constitute a separate violation.
All local uses shall be inspected in accordance with § 85-11 of this chapter for compliance with the provisions of the Uniform Fire Safety Act, N.J.S.A. 52:27D-192, et seq., where, in the opinion of the Fire Official/Marshal, there exist a condition liable to cause fire, contribute to the spread of fire, interfere with fire-fighting operations, endanger life or property or cause 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.
Local Use Group A, Assembly. All buildings, structures, and premises, or parts thereof, shall be classified in Local Use Group A which are used or designated for places of assembly as defined in this chapter.
Local Use Group A-3: This use group shall include all buildings in which persons assemble.
Local Use Group A-4: This use group shall include all buildings used as churches and for similar religious purposes.
Local Use Group A-5: This use group shall include bleachers, similar and related structures for outdoor assembly use.
Local Use Group B, Business. All buildings, structures, and premises, or parts thereof, shall be classified as Local 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, ware or merchandise in the limited quantities for the incidental to office uses or sample purposes.
Local Use Group F, Factory and Industrial. All buildings, structures, or parts thereof, in which occupants are engaged in performing work labor in fabrication, assembling, or processing of products or materials shall be classified in Local Use Group F, including but not limited to, factories, assembling plants, industrial laboratories and all other industrial and manufacturing uses.
Local Use Group M, Mercantile. All buildings and structures, or parts thereof, shall be classified as Local Use Group M which are used for display and sale purposes involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public, including but not limited to, retail stores, shops, salesrooms, and markets.
Local Use Group R, Residential. All buildings and structures, or parts thereof, shall be classified as Local 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 industrial buildings.
Local Use Group R-1: This use group shall include all hotels, motels, and similar buildings arranged for shelter and sleeping accommodations and in which the occupants are primarily transient in nature, making use of the facilities for a period less than 30 days.
Local Use Group R-2A: This use group shall include all multiple family dwellings having three or more dwelling units but less than 10 unit.
Local Use Group R-2B: This use group shall include all multiple-family dwellings having 10 or more units.
Local Use Group S, Storage. All buildings, structure, or parts thereof, shall be classified in Local Use Group S which are primarily used for storage of goods, wares, or merchandise.
Local Use Group U, Utility and Miscellaneous. Buildings and structures of an accessory, nature and/or miscellaneous structures not classified in any specific use group shall be equipped and maintained to meet the requirements of this code commensurate with the local and life hazard incidental to their use. Utility and miscellaneous uses shall include tanks, cooling towers, and agricultural buildings.
Local Use Group V, Vacant. All structures or portions thereof vacant or unoccupied for a period of 90 days and not under active renovation, modification, or construction shall be deemed as Local Use Group V.
Doubtful local use classification. When a building or structure is not specifically provided for in this chapter or the classification of which is doubtful, the building or structure shall be included in the local use group which it most nearly resembles in the respect to the existing life and fire hazard, and it shall be so classified by the Fire Official/Marshal.
The owner of a local use registered within the Borough of Wrightstown shall pay an inspection fee in the amount specified in this section. Inspection fees shall be paid when due. It shall be the responsibility of the Fire Official/Marshal to ensure the collection of inspection fees. It shall be the responsibility of the owner to pay the fee to the Fire Official/Marshal. The owner of a local use shall pay the inspection fee within 30 days of the day on which it was demanded by the Fire Official/Marshal. For failure to pay the required inspection fee within 30 days of the day it was demanded, the owner shall be subject to a penalty in the amount equal to the amount of the inspection fee. Should an owner fail to make the required payment of both the inspection fee and penalty, the Fire Official/Marshal may, pursuant to N.J.S.A. 52:27D-201, issue a certificate to the Clerk of the Municipal Court stating that the owner is indebted to the local enforcing agency for the payment of the inspection 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 ordinance under which fee is assessed, the amount of the fee is 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.
Where more than one local use exists under one ownership at a given location, only the inspection fee for the primary local use registered shall be charged.
Permits required pursuant to the Uniform Fire Code shall be charged by the Fire Official/Marshal and paid to the Wrightstown Borough Bureau of Fire Prevention.
Fire investigative reports may be requested from the Bureau and shall be provided for a fee of $20. Photographs will be provided at cost, plus an administrative fee of $10. Diagrams will be provided for a fee of $10 per page.
The fee for the issuance of a smoke detector compliance as required by N.J.A.C. 5:70-2.3 shall be:
Thirty-five dollars for requests received 10 days or more prior to the date on which it is needed.
Seventy dollars for requests received four to nine days prior to the date on which it is needed.
One hundred dollars for requests received three days or less prior to the date it is needed.
The fee for the issuance of a certificate of fire code status shall be $25.
F-311.0 Fire Lanes.
Purpose. This section designates fire zones, the marking thereof and prohibits parking and provides penalties for the violation thereof.
Fire lanes required.
Fire lanes shall be designated as set forth herein pursuant to N.J.S.A. 40:47-48, as amended, on all plans and specifications for the construction or remodeling of any public or quasi-public structure where deemed necessary by the Fire Official/Marshal.
Editor's Note: N.J.S.A. 40:47-48 was repealed by L. 1971, c. 197.
The owner of any property on which there is presently located a public or quasi-public structure which has no fire lanes or on which the fire lanes presently exist are deemed inadequate by the Fire Official/Marshal, shall be required, upon reasonable notice, to provide, locate, and designate appropriate fire lanes in accordance with the provisions of this chapter.
Construction standards. Each fire lane shall be constructed to a minimum width of 18 feet, 12 feet of which shall be paved, graveled, or constructed on an appropriate stable base with grass or sod topping. Construction of the fire lane can be combined with a pedestrian path if appropriately located and constructed. All fire lanes shall be visually designated either by their form or by the material used in their construction. In the event that a stable base with grass or sod topping is used in order to have the fire lane blend with the landscaping, their location shall be shown by appropriate shrubbery or other designation. When determining the type of construction appropriate for the fire lane, consideration shall be given to the aesthetics of the site.
Location. Fire lanes shall be located so as to serve the entire building from the building site so as to provide the most direct means of access for all emergency vehicles; and to be sufficiently close to the building to afford the means to provide protection for the structure while being far enough removed so as to provide safety for the emergency vehicles using the fire lane in the event of the collapse of the building. The Fire Official/Marshal shall make the determination of location of fire lanes after reviewing recommendations of both the Borough Engineer and Borough Planner; however, the Fire Official/Marshal shall have the ultimate authority with respect to the determination of the location of fire lanes.
Marking of fire lanes required. Fire lanes shall be appropriately posted with signs indicating the words "No Parking - Fire Zone" in red letters on a white background, with a red line bordering the perimeter of the sign, said sign to be 12 inches by 18 inches, made of metal with rust-resistant reflective coating, posted at the ends of each fire lane, and at one-hundred-feet intervals. Covering the face and top of the curb with a solid yellow color of paint shall also designate fire lanes. The above criteria for the painting of fire lanes is to be considered a minimum; additional painting may be placed on the site consisting of crosshatches, solid yellow areas, or such other designations, in addition to the curb painting to serve as a deterrent to parking in fire lanes.
Maintenance and repair of fire lanes. The owner of the site upon which a fire lane is located shall be responsible for constructing, designating, and marking fire lanes as required by this chapter. All maintenance and repair of signage and pavement marking, if any, shall remain the responsibility of the owner and his successor. The maintenance and repair shall be a continuing condition of any approval conferred with respect to the construction, remodeling, or occupancy of the building or structure on the premises. Any failure to maintain or repair said signs or pavement markings shall be a basis for voiding the prior approval. Approvals, which shall be conditional under this subsection, shall include, but not be limited to, final site plan approval and certificates of occupancy.
No unauthorized vehicles shall be allowed to park, stand or stop in any fire lane, nor shall any person in any manner obstruct any fire lane. Anyone violating this section shall be subject to a fine not to exceed $500 for each separate offense or by imprisonment of not more than 90 days, or both. "Unauthorized vehicle" shall be interpreted to mean: a vehicle other than an emergency vehicle as well as such other vehicle as may be designated by the Fire Official/Marshal.
Any unoccupied vehicle parked, stopped or standing in violation of this chapter in any fire lane shall be deemed a nuisance, and the Fire Official/Marshal may provide for its immediate removal. The owner of the vehicle shall pay the cost of its removal and any subsequent storage that may be required before he/she may be allowed to regain possession of same.
The Fire Official/Marshal, the fire inspector(s), the Code Enforcement Officer and the Borough Police Department shall have concurrent jurisdiction to enforce the provisions of this section.
Notwithstanding the penalties set forth above, the Borough shall be entitled to pursue any other remedy available by law to enforce the provisions hereof.
In accordance with the provisions of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Burlington County.
When code enforcement procedures for the abatement of a violation requires the use of apparatus or manpower of the Volunteer Fire Company, the fee for each unit or apparatus shall be $100 per hour. The fee for each fire fighter involved in the enforcement or abatement activity shall be $15 per hour. The units of apparatus and number of firefighters for each enforcement or abatement activity shall be determined by the Fire Officer in charge at the scene of the activity.