Borough of Atlantic Highlands, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 24.
Uniform construction codes — See Ch. 136.
Fire insurance claims — See Ch. 173.
Housing standards — See Ch. 200.
[Adopted 10-16-1991 by Ord. No. 2-91]
A. 
Title. There is hereby adopted for the purpose of providing for fire protection and prevention, and prescribing regulations governing conditions hazardous to life, property and the environment from fire or the use, storage or transportation of hazardous materials that might cause fire or extensive harm to the civilian population of the Borough of Atlantic Highlands, an ordinance known as "The Fire and Hazardous Materials Code of the Borough of Atlantic Highlands."
B. 
State codes adopted. Pursuant to the New Jersey Fire Safety Act (N.J.S.A. 52:27D-192 et seq), the New Jersey Uniform Safety Code (N.J.A.C. 5:70-1 et seq), and the New Jersey Underground Storage of Hazardous Substances Act (N.J.S.A. 58:18-1 et seq), hereinafter referred to as "the Act," "the UFC," and "the UHSA," that these codes shall be locally enforced within the jurisdiction of the Borough of Atlantic Highlands. Supplemental to these statutes shall be codes of the Building Official and Code Administrators International, hereinafter referred to as "BOCA," and the codes and standards of the National fire Protection Association, hereinafter referred to as "NFPA." Wherever there exists inconsistencies between codes, the provisions of the Statutes of New Jersey shall prevail. However, the authority having jurisdiction reserves the right to exceed or minimize the codes where permitted by the Statutes of the State of New Jersey.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Establishment. The Atlantic Highlands Fire Department is hereby divided into two areas of operation: the Division of Fire Prevention; and the Division of Fire Protection, both of which shall function under the guidance of the Chief of the Fire Department.
B. 
Authority having jurisdiction. This article shall be enforced by the Division of Fire Prevention which has been established pursuant to § 178-1 of this article.
C. 
Fire Marshal. The Division of Fire Prevention shall be placed under the direct supervision of a Fire Marshal who shall be appointed by the Mayor and Council of the Borough of Atlantic Highlands upon the recommendation of the Fire Chief, the Fire Marshal shall also be designated as the Fire Official pursuant to the UFC. The Fire Marshal shall serve as the Flammable and Combustible Liquids Code Official and the Underground Storage Tank Official pursuant to the NFPA and the UHSA.
D. 
Deputy Fire Marshal(s). Such Deputy Fire Marshals or other employees as may be necessary in the Division of Fire Prevention shall be appointed by the Mayor and Council upon the recommendation of the Fire Marshal. The Deputy Fire Marshals shall also be designated as Fire Inspectors pursuant to the UFC.
E. 
Term of office. The Fire Marshal and the Deputy Fire Marshal(s) shall serve a term of two years. Vacancies occurring within the Deputy Fire Marshal position shall be filled at the discretion of the Fire Marshal with the approval of the Mayor and Council, to fill the respective unexpired term.
F. 
Personnel restrictions. The number of Deputy Fire Marshals shall be limited to one position for each 2,000 whole mean population of the Borough of Atlantic Highlands. The Fire Marshal shall have the option to reduce the number of Deputy Fire Marshals as the workload demands, upon the approval of the Mayor and Council.
G. 
Status and certification. The Fire Marshal and the Deputy Fire Marshals shall be members of the Atlantic Highlands Fire Department and hold valid State of New Jersey certification pursuant to the UFC.
[Amended 11-6-1991 by Ord. No. 10-91][1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Punitive actions. Deputy Fire Marshals and other employees of the Division of Fire Prevention shall be subject to suspension by the Fire Marshal and/or removal by the Mayor and Council of the Borough of Atlantic Highlands for cases of inefficiency, misconduct or violation of the Code of Ethics as outlined in § 178-7 of this article. Each Deputy Fire Marshal or other employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer. All decisions rendered by these authorities shall be final upon the employee.
A. 
Fire inspections. Periodic fire inspections shall be conducted by the Division of Fire Prevention on the following premises or structures:
(1) 
Life hazard. All "life hazard" uses pursuant to the UFC;
(2) 
Commercial. All privately owned properties used for commercial, retail or industrial uses;
(3) 
Multifamily. All multifamily dwellings comprising three or more units;
(4) 
Municipal. All property owned by any municipality or local authority, agency or commission;
(5) 
County. All property owned or leased by any county, regional authority, agency or commission (this responsibility being concurrent with that of the county enforcement agency);
(6) 
Federal and state. All property owned or leased by the United States government or the State of New Jersey or any of their boards, commissions, agencies or authorities.
B. 
Fire investigation. The Division shall have jurisdiction over the investigation of all fires which occur within the Borough of Atlantic Highlands (concurrent with local and county law enforcement agencies in case of criminal occurrences), reporting directly to the Chief of the Atlantic Highlands Fire Department.
C. 
Juvenile fire prevention. The Division shall adopt a program to prevent and seek treatment for juvenile fire-setters in cooperation with other local and county agencies.
D. 
Public education. The Division shall be responsible for establishing and conducting programs for the promotion of fire safety, fire prevention and hazardous materials awareness.
E. 
Plan review. The Division shall be given the opportunity to review plans submitted to the Borough Construction Code Official for renovation to or new construction of structures within the Borough of Atlantic Highlands prior to issuance of permits and making inspections of such structures prior to occupancy.
F. 
Civil disaster. The Division shall assist the Office of Emergency Management during times of civil disaster or other emergency.
G. 
Public assistance. Upon the request of the Chief of the Atlantic Highlands Police Department or his duly appointed staff officers, the Division will assist in the mitigation of any adverse condition within the jurisdiction of the Division, that will ensure public safety.
H. 
Right to know. The Division shall serve the Atlantic Highlands Fire Department as the instrument of record for the State of New Jersey Department of Environmental Protection, "Community Right-To-Know Survey" documentation.
I. 
Ordinance amendments. The Division may make recommendations for appropriate amendments to the ordinances and other rules and regulations of the Borough of Atlantic Highlands relating to fire prevention, protection and hazardous materials use, storage, manufacture and transport within the Borough of Atlantic Highlands.
J. 
Collection of assessments and fines. The Division shall be responsible for the levying and collecting of assessments and fines that are applicable to the enforcement of the UFC or this article. If an administrative penalty order for a violation of this article is not satisfied by the 30th day after issuance, the penalty may be sued for and recovered in the name of the Borough of Atlantic Highlands by the Division in a civil action by summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.) in the Municipal Court of the Borough of Atlantic Highlands. All monies so recovered shall be paid into the Treasury of the Borough of Atlantic Highlands and shall be appropriated for the enforcement of this article and the maintenance of the Division of Fire Prevention.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
K. 
Recordkeeping. The Division shall be responsible for the maintenance of a complete and appropriate record system.
L. 
Other duties as assigned. The Division shall perform such other public safety duties as may be assigned by the Chief of the Borough of Atlantic Highlands Fire Department or the Fire Marshal.
A. 
Representation. Upon demonstration of need, the Borough of Atlantic Highlands shall provide legal representation from the Borough Attorney, or his designee, to the members of the Division in matters concerning enforcement of the UFC or this article.
B. 
Appeals. Any person aggrieved by any ruling, action, order or notice of the Division, as it relates to the UFC, shall have the right to appeal such ruling, action, order or notice to the Monmouth County Construction Board of Appeals or, when applicable, appeal pursuant to the rules promulgated under the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq.).
A. 
Requirements. In addition to the inspections and fees provided for pursuant to the UFC and the regulations promulgated by the State of New Jersey, Department of Community Affairs, additional inspections and fees shall be required in the manner provided for in Subsections B through G, inclusive.
B. 
Classification. All premises or structures not classified by the UFC are hereby classified as follows:
(1) 
Class I inspections.
(a) 
Schools: All schools;
(b) 
Churches: All houses of worship.
(2) 
Class II inspections.
(a) 
Private. All privately owned properties except owner-occupied one- or two-family dwellings;
(b) 
Business under 10,000 square feet. All business use buildings less that 10,000 square feet;
(c) 
Restaurants under 50. All eating establishments with a maximum occupancy load of less than 50 persons;
(d) 
Mercantile under 12,000 square feet. All mercantile uses of less that 12,000 square feet;
(e) 
Factory under 2,500 square feet. All factory uses of less than 2,500 square feet;
(f) 
Storage under 2,500 square feet. All storage uses of less than 2,500 square feet.
(3) 
Class III inspections.
(a) 
Mixed under 10,000 square feet. All mixed-use buildings under 10,000 square feet;
(b) 
Business over 10,000 square feet. All business uses of more than 10,000 square feet but less than 20,000 square feet;
(c) 
Factory over 2,500 square feet. All factory uses of more than 2,500 square feet but less than 20,000 square feet;
(d) 
Apartments. All multiple dwellings from three to 12 units.
(4) 
Class IV inspections.
(a) 
Mixed over 10,000 square feet. All mixed-use buildings over 10,000 square feet;
(b) 
Business over 20,000 square feet. All business uses exceeding 20,000 square feet;
(c) 
Storage over 20,000 square feet. All storage uses exceeding 20,000 square feet;
(d) 
Factory over 20,000 square feet. All factory uses exceeding 20,000 square feet ("mini" storage facilities shall be calculated on the total aggregate square footage).
(5) 
Class V inspections.
(a) 
Apartments over 12. All multiple dwellings, 13 units and above.
C. 
Inspection frequency. All inspections of structures classified in Subsection B shall be performed periodically to determine compliance with the provisions of the UFC and this article but not less than as specified hereinafter.
(1) 
Class I through Class IV: once every 12 months;
(2) 
Class V: once every six months.
[Amended 11-6-1991 by Ord. No. 10-91]
D. 
Additional annual inspection fees shall be as provided in Chapter 168, Article II.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Permits. Permits shall be obtained from the Fire Marshal for any of the activities listed in N.J.A.C. 5:70-2.7(b). For issuance of such permits and on-site inspection(s), the fees as provided in Chapter 168, Article II, shall be paid by the owner or applicant:[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Permits, locally mandated. Permits shall be obtained from the Fire Marshal for the following activities not included in the UFC. For issuance of such permits, and on-site inspection(s), a fee of as provided in Chapter 168, Article II, per permit or inspection shall be collected.[3]
(1) 
Burning. Reoccurring burning, welding or sweating operations in conjunction with the construction of large structures 12,000 square feet or more;
(2) 
Heating. The temporary use of any liquid- or gas-fired heating unit on/at any construction site;
(3) 
Melting. The use of any liquid- or gas-fired flame producing device to reduce solid building materials to a liquid state for application during construction of any structure.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Copy of documents, fees. Such fees as are provided in Chapter 168, Article II, are to be charged for copies of Division of Fire Prevention documents.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Special permits. The Fire Marshal is empowered to issue special permits for activities of a nonreoccurring nature not covered in the permit sections of this article. However, no such permit shall be granted without maximized assurance of the safety of the public. The fees for such permits shall be as provided in Chapter 168, Article II.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Smoke detectors. In addition to those requirements mandated by the UFC, the following are required within the Borough of Atlantic Highlands:
(1) 
Mixed uses. Any mixed use occupancy with apartments above or attached shall have operating, hard wired smoke detectors in all common areas and hallways. These detectors shall all sound simultaneously when any one detector is activated.
(2) 
New construction. All new structures erected within the Borough of Atlantic Highlands shall comply with the smoke detector requirements of the UFC or this article.
(a) 
Exception. Any structure classified under § 311.0 of the BOCA National Building Code is exempted from this requirement.
(3) 
Renovation of existing structures. Any existing structure renovated or reconditioned in a dollar value in excess of 50% of its assessed valuation (excluding land) shall comply with the installation requirements for smoke detectors.
(4) 
One- and two-family dwellings. Residential one- and two-family dwellings shall not be occupied after being sold or rented unless smoke detection devices are installed and operable. Each dwelling unit shall have a minimum of one detector for each level of occupancy and one placed at a distance not greater than 15 feet from the main heating plant. In dwellings where the heating plant is in a confined space, a fixed temperature detector (heat) shall be utilized.
[Amended 11-6-1991 by Ord. No. 10-91]
(5) 
Installation requirements. The installation requirements for hardwired smoke detectors shall conform to the NFPA Standard 74-1989 and shall be approved by the Fire Subcode Official of the municipality.
[Amended 11-6-1991 by Ord. No. 10-91]
(6) 
Tampering. It shall be unlawful to tamper with, disconnect, interrupt, or remove from service any smoke-detection device or smoke-detection alarm system without prior notice to, and approval of the authority having jurisdiction.
(7) 
Penalties. The penalty for any violation of shall be $100 for the first offense, $500 for the second offense, and $1,000 for each offense thereafter.
(8) 
Use of reflective symbols on engineered lumber.[1]
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ENGINEERED LUMBER
Prefabricated I-joists, truss joists, truss rafters, and laminated beams and studs.
REFLECTIVE SYMBOL
An emblem made of reflective material, in the shape and form designed by the Atlantic Highlands Fire Department, containing information identifying a structure as containing engineered lumber.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
(b) 
The Borough Construction Official and Fire Official shall determine if a structure contains engineered lumber. All structures containing engineered lumber must have a reflective symbol affixed to an electrical meter serving the structure. The reflective symbol shall be applied by the Construction Official or Fire Official and shall be a condition of the issuance of a certificate of occupancy.
(c) 
The reflective symbol shall be in the form designed by the Atlantic Highlands Fire Department and will contain lettering to identify the location of any engineered lumber in the structure.
(d) 
This subsection shall apply to all structures, whether residential, commercial or otherwise, including structures existing at the time of the effective date of this article.
(e) 
This subsection shall be enforced by the Construction Official and Fire Official of the Borough of Atlantic Highlands.
(f) 
Any person violating this article by refusing to use the reflective symbol or by removing or tampering with the reflective symbol shall be subject to a fine in an amount of $25 per violation. Each day that a violation continues shall be deemed to be a separate and distinct offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Key boxes; security padlocks; security caps.[2]
(a) 
Mandatory key boxes for fire suppression and standpipe systems. When a building within the Borough of Atlantic Highlands is protected by an automatic fire suppression or standpipe system, it shall be equipped with a key box. The key box shall be at a location approved by the Borough of Atlantic Highlands Fire Subcode/Fire Official. The key box shall be a UL type and size approved by the Fire Subcode/Fire Official.
(b) 
Mandatory key boxes for automatic alarm systems. When a building is protected by an automatic alarm system and/or access to or within a building, or an area within that building, is unduly difficult because of secured openings, and where immediate access is necessary for lifesaving or firefighting purposes, the Fire Subcode/Fire Official may require a key box to be installed at a location approved by the Borough of Atlantic Highlands Fire Subcode/Fire Official. The key box shall be a UL type and size approved by the Fire Subcode/Fire Official.
(c) 
Key tamper box switch. The Fire Subcode/Fire Official may require a key box tamper switch connected to the building's fire alarm system.
(d) 
Security padlocks. When a property is protected by a locked fence or gate and where immediate access to the property is necessary for lifesaving or firefighting purposes, the Fire Subcode/Fire Official may require a security padlock to be installed at a location approved by the Borough of Atlantic Highlands Fire Subcode/Fire Official. The padlock shall be UL type and size approved by the Fire Subcode/Fire Official.
(e) 
Security caps. When a building is protected by an automatic sprinkler system or standpipe system and the Fire Department connection is exposed to undue vandalism, the Fire Subcode/Fire Official may require that a Fire Department Connection Security Cap(s) be installed. The Fire Department Connection Security Cap(s) shall be a type approved by the Fire Subcode/Fire Official.
(f) 
Nonapplicability to certain dwellings. The term "building" used herein means any building or structure located in the Borough of Atlantic Highlands, whether privately or publicly owned, including, without limitation, any building owned by the Borough of Atlantic Highlands, the Atlantic Highlands Board of Education, the Atlantic Highlands Housing Authority or any other public, quasi-public, or private entity or person; provided, however, that this chapter shall not apply to owner occupied one- and two-family dwellings.
(g) 
Rapid response key boxes. The rapid key boxes shall contain the following:
[1] 
Keys to locked points of egress, whether in interior or exterior of such buildings;
[2] 
Keys to the locked mechanical rooms;
[3] 
Keys to the locked elevator rooms;
[4] 
Keys to the elevator controls;
[5] 
Keys to any fence or secured areas;
[6] 
Keys to any other areas that may be required by the Fire Subcode/Fire Official.
[7] 
A card containing the emergency contact people and phone numbers for such building. In addition, floor plan of the rooms within the building may be required.
(h) 
Time for compliance. All existing buildings shall comply with this article six months from its effective date. All newly constructed buildings, not yet occupied or buildings currently under construction and all buildings or businesses applying for a certificate of occupancy, shall comply immediately.
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Fire hydrants.
[Amended 11-6-1991 by Ord. No. 10-91]
(1) 
Blocking of fire hydrants or Fire Department connections. It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict access to, any fire hydrant or fire department connection used for the pressurization of fire department suppression systems, including fire hydrants, and fire department standpipe connections that are located on public or private streets, access lanes or on private property. Any motor vehicle blocking a fire hydrant or fire department connection, as described in this section, shall be subject to being towed to remove the obstruction, at the owners expense. The penalty for each violation of this section shall be a minimum fine of $50 and a maximum fine of $100 as may be determined by the authority having jurisdiction.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Size; type; installation. The size, type and installation of all fire hydrants replaced or installed from and after the effective date of this article shall conform to the American Water Works Association Standards for Dry Barrel Fire Hydrants (AWWA C-502) and shall be administered by the Atlantic Highlands Water Department. All fire hydrants shall have at least three outlets; one appropriately sized and threaded fire department steamer connection and the remaining pair to be 2 1/2 inch National Standard Thread fire hose connections. A shutoff valve shall be provided between each hydrant and the street main.
(3) 
Marking of fire hydrants. Fire hydrants are to be classified and color coded as prescribed by the National Fire Protection Association Standard 1231.
C. 
Sprinkler systems. Sprinkler systems shall be installed in structures as provided by the UFC and/or in compliance with the codes and standards of the National Fire Protection Association, with the following exceptions.
(1) 
Independent lines. All fire protection water service lines shall be independent of those intended to service the potable water system of any structure.
[Amended 11-6-1991 by Ord. No. 10-91]
(2) 
No cross-connections. There shall be no cross-connections permitted between fire and potable water systems.
[Amended 11-6-1991 by Ord. No. 10-91]
D. 
False automatic fire alarm activations. The penalties shall be as follows:[4]
(1) 
First offense within one year (12 consecutive months): written violation.
(2) 
Second offense within same year (12 consecutive months): $100.
(3) 
Third offense within same year (12 consecutive months): $500.
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Establishment. There is hereby adopted, to insure a defined level of personal accountability, a standard of conduct to be henceforth referenced as the Code of Ethics of the Division of Fire Prevention, of the Atlantic Highlands Fire Department.
B. 
Applicability. The Code of Ethics shall be applicable to the following members of the Division of Fire Prevention:
(1) 
Fire Marshal.
(2) 
Deputy Fire Marshal.
(3) 
Other. Other appointees of the Fire Marshal.
[Amended 11-6-1991 by Ord. No. 10-91]
C. 
The Code of Ethics.
(1) 
I will, as a fire enforcement officer, consider myself as a member of an important and honorable profession.
(2) 
I will conduct both my personal and official life so as to inspire the confidence of the public.
(3) 
I will not use my profession and my position of trust for personal advantage or profit.
(4) 
I will regard my fellow officers with the same standards as I hold for myself. I will never betray a confidence nor otherwise jeopardize a just exercise of their duties.
(5) 
I will regard it my duty to know my work thoroughly. It is my further duty to avail myself of every opportunity to learn more about my profession.
(6) 
I will avoid alliances with those whose goals are inconsistent with an honest and unbiased application of the established regulatory codes. I will make no claim to professional qualifications which I do not possess.
(7) 
I will share all publicity equally with my fellow officers, whether such publicity is favorable or unfavorable.
(8) 
I will be loyal to my superiors, to my subordinates and to the organization I represent.
(9) 
I will bear in mind always that I seek compliance and not punitive enforcement and that I am a truth-seeker, not a case-maker; that it is more important to protect the innocent than to convict the guilty.[1]
[1]
Editor's Note: Former Subsection 7.4, Removal, which immediately followed this subsection, was repealed 11-6-1991 by Ord. No. 10-91.
A. 
Establishment. There is hereby created by the governing body of the Borough of Atlantic Highlands, for the purpose of providing for a more efficient degree of fire protection and prevention, a fourth fire company within the municipality. This new company shall be added to the organizational table of the Atlantic Highlands Fire Department.
B. 
Authority. This new company shall be placed under the direct administrative and tactical control of the Fire Marshal who, during times of fire suppression emergency, shall cede control of all equipment and personnel to the Chief of the Atlantic Highlands Fire Department.
C. 
Nomenclature. For the purpose of identification, this new company shall be designated as the Division of Fire Prevention, Squad Company One, and shall be referenced for the remainder of this article as "the Company."
D. 
Company officers. The Fire Marshal shall appoint such company officers as are necessary to insure efficient operation of the Company. All positions shall be graded in a paramilitary style (Private to Lieutenant) with the highest-ranking officer holding the position of lieutenant. All members of the company shall hold the basic title of Fire Security Officer.
A. 
Duties. The following shall define the duties of a Fire Security Officer.
(1) 
Control. Provide control of non-fire fighter personnel upon the fireground.
(2) 
Traffic. Keep the fireground free from non-essential vehicular traffic and assist the local law enforcement agency in the safe and orderly passage of such through or around the scene of a fire or other emergency.
(3) 
Investigation. Assist the Division Fire Marshals and the Chief of the Fire Department in the investigation of fires and provide security forces for the protection of structures, vehicles, properties, or other items until the conclusion of such primary investigations.
(4) 
Education. Assist the Fire Marshals in the presentation of public fire prevention and hazardous materials education programs.
(5) 
Miscellaneous. Perform other public fire and safety duties as assigned by the Fire Marshal or the Chief of the Atlantic Highlands Fire Department.
(6) 
Fire police statutes.[1]
(a) 
Any duly organized volunteer fire company may provide for the appointment of certain of its members to perform certain police duties at fires and fire drills, for a term of office not exceeding five years form the date of the appointment. The appointed members shall, before entering upon their duties, qualified by:
[1] 
Successfully completing a basic fire police training course formulated or approved by the Division of Fire Safety.
[2] 
Taking and subscribing an oath that they will justly, impartially and faithfully discharge their duties according to the best of their ability and understanding. The oath shall be administered by the municipal clerk and subscribed to in duplicate. The original copy of the oath shall be filed with the municipal clerk and the copy thereof filed with the secretary of the fire company making the appointment.
(b) 
After appointment, a qualified member shall be eligible as a fire police officer and shall have full power and authority to act as a fire police officer anywhere in the county in which he is appointed or in any other county in which he is called upon to act.
(c) 
It shall be the duty of a member of the fire police to perform his duties under the supervision of the fire officer in charge of the fire or fire drill, until the arrival of a duly authorized police officer, who shall assume responsibility for the supervision of the performance of traffic duties, preservation of evidence and all other law enforcement duties. Nothing in this subsection shall diminish the powers of the fire chief or other superior officer of any volunteer fire company in the exercise of his duties pursuant to Section 1 of P.L. 1981, c.435 (N.J.S.A. 40A:14-54.1).
(d) 
Specific duties.
[1] 
The duties of said fire police subject to the supervision aforesaid shall be to:
[a] 
Protect property and contents.
[b] 
Establish and maintain fire lines.
[c] 
Perform such traffic duties as necessary, from the fire station to and at the vicinity of the fire, fire drill or other emergency call, until the arrival of a duly authorized police officer or at any public event where fire police services may be requested to protect the public, subject to the approval of and supervision by the chief law enforcement officer of the municipality in which the public event takes place, or the Superintendent of the State Police if the municipality does not have a police department.
[d] 
In the absence of investigating authorities, fire police shall investigate all causes of fires and preserve all evidence pertaining to questionable fires and turn evidence over to proper investigating authorities.
[e] 
Wear the authorized fire police badge on the left breast of the outermost garment while on duty.
[2] 
Provided, however, nothing herein contained shall give the fire police or any of them the right to supersede a duly authorized police officer.
(e) 
If any person shall unreasonably refuse to obey the orders of the fire police, a fire police officer may arrest him and keep him under arrest until the fire is extinguished or the drill completed. If the offender is found guilty by a municipal court or Superior Court, he shall be sentenced to pay a fine not exceeding $200 and costs.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Regular membership. Membership in the Company shall be limited to 15 regular members which shall include the Fire Marshal and the Deputy Fire Marshal(s).
B. 
Internal Board of Review. All applications for membership shall be submitted on the approved form to the Fire Marshal. An Internal Board of Review consisting of the Fire Marshal, a Deputy Fire Marshal, and a member of the Company shall be convened to rule on the acceptability of the application. Due to the sensitive and enforcement nature of the duties of its membership, the Division retains the right to reject any and all applications for good cause.
C. 
Membership, general. Membership shall be open to any resident of the municipality regardless of race, creed, sex or national origin. Applicants for membership shall satisfactorily meet the basic physical requirements needed to perform the duties of the Company.
[Amended 11-6-1991 by Ord. No. 10-91[1]]
[1]
Editor's Note: This ordinance also repealed Subsection 10.4, Membership, Special and Subsection 10.5, Associate and Life membership, which immediately followed this subsection.
D. 
Appointment approval. All final appointments are made and subject to approval of the Mayor and Council of the Borough of Atlantic Highlands.
E. 
Dual membership. Members of any other segment of the Atlantic Highlands Fire Department shall not be permitted regular membership in the Company who do not meet the following criteria:
(1) 
Fire Marshal;
(2) 
Deputy Fire Marshal(s); and
(3) 
Life member. Life member of another Company of the Atlantic Highlands Fire Department.
A. 
Funding. The Company shall derive its operating funds in the following manner:
(1) 
Borough. The Borough;
(2) 
Division. The Division of Fire Prevention;
(3) 
Company. The Company at Large.
B. 
Allotments. Members of the Company shall be afforded a yearly allotment, paid by the Borough, calculated at a rate of 1/2 of the established rate for other members of the Fire Department. The Fire Marshal and the Deputy Fire Marshal(s) shall not be entitled to said allotment.
A. 
Government. The membership of the Company shall develop, adopt and administer a parliamentary form of internal government consistent with the ordinance and the established rules and regulations of the Atlantic Highlands Fire Department. This internal government shall assume the form of a Constitution and By-Laws which shall prescribe, but not be limited to, rules for Company officers, elections, administration, finance, punitive actions and internal membership requirements.
[Amended 11-6-1991 by Ord. No. 10-91]
B. 
Marshal(s) restricted. The Fire Marshal and the Deputy Fire Marshal(s) shall not be eligible to hold elected office within the Company.
A. 
Authority at fires and other emergencies. The Chief fire officer or duly authorized representative, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duties. The fire officer may prohibit any person, vehicle or other object from approaching the scene, and may remove or cause to be removed from the scene any person, vehicle or object from the hazardous area. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Official.
B. 
Interference with Fire Department operations. It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any fire department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.
C. 
Compliance with orders. A person shall not willfully fail to comply with any lawful order or direction of a fire official or to interfere with the compliance attempts of other individuals.
D. 
Penalties. Any person held to be in violation of § 178-13 shall be subject to a fine, collectible in the Atlantic Highlands Municipal Court, of not less than $100 nor more than $500 for each occurrence.
A. 
Definition of authorized emergency vehicles. Authorized emergency vehicles shall be restricted to those which are defined or authorized by the laws of the State of New Jersey.
B. 
Operation of vehicles on approach of authorized emergency vehicles. Upon the approach of any authorized emergency vehicles, giving audible and visual signal, the operator of every other vehicle shall immediately drive same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear any intersection, and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Security officers, the Fire Official or a law enforcement officer.
C. 
Vehicles following fire apparatus. It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than the distance established by the laws of the State of New Jersey from any fire apparatus traveling in response to a fire alarm or other emergency, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to such emergencies.
[Amended 11-6-1991 by Ord. No. 10-91]
D. 
Unlawful boarding or tampering with Fire Department emergency vehicles or equipment. A person shall not, without proper authorization from the Fire Official in charge of said fire apparatus, cling to, attach himself/herself to, climb upon or into, board or swing upon, any fire department emergency vehicle, whether the same is in motion or at rests, nor sound the siren, horn, bell or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any other equipment or protective clothing on, or part of, any fire department emergency vehicle.
E. 
Vehicles crossing fire hose. A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire officer in command of said operation.
F. 
Penalties. Any person found to be in violation of § 178-14 shall be subject to a fine, to be collected by the Municipal Court, of not less than $25 nor more than $100 for each occurrence.
A. 
Hydrant use approval. A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such persons secure a permit for such use from the Division of Fire Prevention and the Water Department of the Borough of Atlantic Highlands. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make use by, the Water Department of the Borough of Atlantic Highlands.
B. 
Public water supply. The Fire Official shall recommend to the Borough Administrator the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service without prior notice to and approval of the Chief Fire Official.
C. 
Yard systems. (Reserved)
D. 
Sale of defective fire extinguisher and appliances. A person shall not sell, trade, loan, or give any form, type or kind of fire extinguisher or fire appliance which is not in proper working order, or the contents of which do not meet the requirements of the Fire Official. The requirements of this section shall not apply to the sale, trade, or exchange of obsolete or damaged equipment for junk or display when said units or appliances are permanently disfigured or marked with a permanent sign identifying the unit as junk or otherwise rendered inoperative or unrepairable.[1]
[1]
Editor's Note: Former Section 16, Street Obstructions and restrictions, which immediately followed this subsection, was repealed 11-6-1991 by Ord. No. 10-91.
A. 
Authority. This article is established by the Mayor and Council of the Borough of Atlantic Highlands and is intended to locally enforce or govern the use of such materials or substances that, if released by accident or intent, may cause irreparable harm to the civilian population or the environment of the Borough of Atlantic Highlands.
B. 
Authority having jurisdiction. It shall be the responsibility of the Fire Marshal or his duly authorized representative to insure complete compliance with all federal and state regulations and guidelines by persons, businesses, companies, or organizations who use, store, transport, or manufacture any hazardous material within the territorial limits of the Borough of Atlantic Highlands.
A. 
References. The laws and publications used in the development of this Code are pursuant to:
(1) 
The Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 665.126);
(2) 
The Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 657);
(3) 
The Administrative Procedure Act (5 U.S.C. 553);
(4) 
The Hazardous Waste Operations and Emergency Response Act (29 CFR 1910.120);
(5) 
The Emergency Planning and Community Right-To-Know Act of 1986 (SARA Title-III);
(6) 
The State of New Jersey Civil Defense/Disaster Control Act (N.J.S.A. App. A:9-33 et seq.);
(7) 
The State of New Jersey Hazardous Discharge Notification Act (N.J.S.A. 13:1K-16 and 17).
B. 
Local restrictions. Apart from the referenced documents listed Subsection B, nothing shall preclude the Borough of Atlantic Highlands or any of its boards, authorities or commissions from requiring additional regulation of the use, storage, transport, or manufacture of hazardous materials within the Borough of Atlantic Highlands.
A. 
Firefighter training. The Fire Chief shall insure that all persons under his command receive the established level of training required for such emergency response personnel, namely, Level I, Awareness.[1]
[1]
Editor's Note: Former Subsection 19.2, Advanced training, which immediately followed this Subsection, was repealed 11-6-1991 by Ord. No. 10-91.
B. 
Additional training. The Fire Marshal and the staff officers of the Fire Department shall seek to maintain a level of technical competence consistent with any change or update of applicable regulatory measures.
C. 
Technical reference materials. The Division of Fire Prevention shall maintain such technical reference material, including manuals, documents or periodicals, that may be required to ensure compliance with federal or state regulations. Such reference materials shall be of a type as to be made readily available to any authorized agent of the federal, state, or local government for use during a hazardous materials release.
A. 
Approval. Neither the Mayor and Council of the Borough of Atlantic Highlands nor any of its agents, boards, commissions, or authorities shall grant approval for the establishment of any private use, business use, storage of, manufacture of, or transport of any hazardous materials within the territorial limits of the Borough of Atlantic Highlands without the approval of the Office of the Fire Marshal.
B. 
Establishment of hazardous materials uses by business or industry. Any person, business, or corporation making application for the use, storage, manufacture, or transport of any hazardous material before any agent, board, commission or authority of the municipality shall provide such governmental agents with all the necessary federal, state, or municipal approval documentation. The applicant shall also prove a clear and unrestrictive intent to comply with any/all such regulatory measures prior to and after approval and establishment of the use of hazardous materials within the municipality.
C. 
License requirements. Where required by federal or state statute, all operators shall possess a valid license to conduct any process involving the use or manufacture of a listed hazardous substance.
D. 
Retrofit. Any person, business, corporation, or other organization granted permission by the Borough of Atlantic Highlands to establish a place of business using or engaging in the manufacture of a hazardous substance shall fully comply with all federal, state, or municipal laws and regulations as they are updated. In no instance shall economics be a basis for noncompliance.
E. 
Exemptions. Any person, business, corporation, or other recognized agent who is regulated by the Federal or State Department of Transportation is exempt from compliance with this article as are the military forces of the United States government. The Borough of Atlantic Highlands is held to be nonexempt.
A. 
Right of entry. After approval and establishment of an operation engaged in the use, storage manufacture, or transport of hazardous substances, the Borough of Atlantic Highlands retains the right to enter upon such property or premises to conduct periodic fire or safety inspections. These inspections shall be conducted by the Fire Marshal or his designated representatives during times of normal operations.
B. 
Frequency of inspections. The Fire Marshal or his authorized representatives shall inspect all properties or businesses engaged in the use, storage, manufacture, or transport of a hazardous substance at least biannually but not in excess of a quarterly basis.
C. 
Inspection fees. Any operation or business engaged in the use, storage, manufacture, or transport of any hazardous material or substance and not regulated under the New Jersey Uniform Fire Safety Act (N.J.A.C. 5:18 et seq) shall be subject to local registration and pay an annual inspection fee as provided in Chapter 168, Article II.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Fines. Any person, business, corporation or other organization found to be in violation of § 178-20 of this article shall be assessed a fine of $100 for the first offense, $500 for the second offense, and $1,000 for the third offense, per day for as long as the violation exists.[1],[2]
[1]
Editor's Note: Former Subsection 22.1, Scope, which immediately preceded this subsection, was repealed 11-6-1991 by Ord. No. 10-91.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Other assessments. Any person, business, corporation, or other organization whose operations or actions require mitigation or remedial efforts to be taken by the Borough of Atlantic Highlands to abate any release of a hazardous material or substance shall be held fully responsible for the costs of such mitigation or remedial action.
A. 
Repealer. All ordinances or parts thereof that are inconsistent with the provisions of this article are hereby repealed as to such inconsistency. Specifically, Ordinance 895, Chapter 53 of the Code of the Borough of Atlantic Highlands, is repealed in its entirety.
B. 
Severability. In the event that any section of the within article is declared to be illegal, unconstitutional, or otherwise unenforceable, then the balance of this article shall not be deemed void but shall remain in full force and effect.
[Adopted 1-26-2005 by Ord. No. 3-2005]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Atlantic Highlands.
The local enforcing agency shall be the Atlantic Highlands Fire Department through its Division of Fire Prevention, which is hereby created therein. The Division of Fire Prevention shall hereinafter be known as the local enforcing agency.
A. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the of the Borough of Atlantic Highlands, other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by the municipality, local authority, federal government, interstate agencies or the state.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
A. 
The Division of Fire Prevention established by § 178-24 of this article shall be under the direct supervision and control of a Fire Marshal who shall report to the Chief of the Fire Department.
B. 
The Division of Fire Prevention shall have at least one paid Fire Marshal. Salary for the Fire Marshal and the Deputy Fire Marshals of the Division of Fire Prevention shall be established in the annual Salary Ordinance of the Borough.[2]
[2]
Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Appointment and qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed by the governing body, upon recommendation of the Fire Chief.
B. 
Appointment and qualifications of inspectors and other employees.
(1) 
Deputy Fire Marshals, the Deputy Fire Marshals or other employees, as may be necessary in the Division of Fire Prevention, shall be appointed by the governing body of the Borough, for a term of one year, upon recommendation of the Fire Marshal. The Deputy Fire Marshals shall also be designated as Fire Inspectors pursuant to the "UFC."
(2) 
The governing body, upon recommendation of the Fire Official, shall appoint inspectors, for a term of one year, and other employees of the enforcing agency. All life hazard use inspectors shall be certified by the state.
C. 
Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
D. 
Term of office. The Fire Official shall serve for a term of a minimum of two years. Any vacancy shall be filled for the unexpired term.
E. 
Removal from office. The Fire Official, inspectors and other employees of the agency 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 officer designated by the same.
The Division of Fire Prevention established by § 178-24 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 New Jersey Department of Community Affairs.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Fees.
(1) 
In addition to the registrations required by the Uniform Fire Code, the following non-life hazard uses shall register with the Division of Fire Prevention. These uses shall be inspected once per year and pay an annual fee.
(2) 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
(3) 
Uses required to register with the state as life hazard uses shall not be required to register under this section.
(4) 
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
(5) 
All residential uses except R-A uses shall be inspected in the common areas only.
B. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(b) shall be as provided by state regulation; see Chapter 168, Article II.
C. 
The cost for the issuance of a certificate of fire code status shall be as provided in Chapter 168, Article II.
D. 
The application fee for a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected, as provided in Chapter 168, Article II.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. (If no such body exists, appeals shall be made to the county construction board of appeals.)
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
Enforcement, violations, and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.