[HISTORY: Adopted by the Borough Council
of the Borough of Wrightstown 10-12-2005 by Ord. No. 2005-8.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 57.
Residential rental property inspections — See Ch. 86.
[1]
Editor's Note: This ordinance superseded Ord.
No. 2005-3, adopted 3-9-2005, which ordinance superseded former Ch.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.
A.
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.
B.
The governing body shall hereby appoint a temporary
Fire Official/Marshal in the absence of the duly appointed Fire Official/Marshal.
C.
The governing body shall appoint a/any temporary fire
inspector(s) in the absence of the duly appointed fire inspector(s).
A.
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.
B.
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.
C.
The Fire Official/Marshal shall meet all the qualifications
for the position as required by law.
D.
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.
E.
The Fire Official/Marshal shall:
(1)
Be in charge of the day-to-day operations of the Bureau.
(2)
Take all actions necessary to enforce the provisions
of the Fire Safety Act.
(3)
Make or cause to be made an investigation of each
occurrence of fire within the jurisdiction of the Bureau.
(4)
Provide the Borough Council a monthly report of the
Bureau's activities and, upon request, any additional reports or information
relating to the Bureau.
(5)
Establish standard operating procedures for the Bureau.
(6)
Respond to enforcement and information requests from
the Fire Municipal Clerk and provide the Clerk with such reports as
may be requested.
F.
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.
G.
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.
H.
The fire inspector(s) shall meet the qualifications
for the position as required by law.
I.
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.
J.
The term of office for the Fire Official/Marshal shall
be three years. Any vacancy shall be filled for the unexpired term.
K.
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.
L.
The temporary Fire Official/Marshal shall need only
the qualifications, as required by the state of New Jersey, to be
appointed.
M.
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.
A.
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.
B.
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.
C.
A registration survey shall contain at least the following
information:
(1)
The name, address, and telephone number of the applicant.
(2)
The name, address, and telephone number of the use.
(3)
A description of the use being registered, including:
(a)
The geographical location, including block and
lot number;
(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
materials stored;
(g)
The occupant or tenant information;
(h)
Emergency contact information;
(i)
Alarm system information; and
(j)
Knox box location and contents.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
(1)
Local Use Group A-3: This use group shall include
all buildings in which persons assemble.
(2)
Local Use Group A-4: This use group shall include
all buildings used as churches and for similar religious purposes.
(3)
Local Use Group A-5: This use group shall include
bleachers, similar and related structures for outdoor assembly use.
B.
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.
C.
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.
D.
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.
E.
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.
(1)
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.
(2)
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.
(3)
Local Use Group R-2B: This use group shall include
all multiple-family dwellings having 10 or more units.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
C.
The fee for the issuance of a smoke detector compliance
as required by N.J.A.C. 5:70-2.3 shall be:
(1)
Thirty-five dollars for requests received 10 days
or more prior to the date on which it is needed.
(2)
Seventy dollars for requests received four to nine
days prior to the date on which it is needed.
(3)
One hundred dollars for requests received three days
or less prior to the date it is needed.
D.
The fee for the issuance of a certificate of fire
code status shall be $25.
A.
F-311.0 Fire Lanes.
(1)
Purpose. This section designates fire zones, the marking
thereof and prohibits parking and provides penalties for the violation
thereof.
(2)
Fire lanes required.
(a)
Fire lanes shall be designated as set forth
herein pursuant to N.J.S.A. 40:47-48[1], 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.
[1]
Editor's Note: N.J.S.A. 40:47-48 was repealed
by L. 1971, c. 197.
(b)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
Enforcement.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
