[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands as indicated in article histories.
Amendments noted where applicable.]
[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]
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]
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]
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.).
B.
Classification. All premises or structures not classified
by the UFC are hereby classified as follows:
(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).
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.
E.
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.
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]
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)
ENGINEERED LUMBER
REFLECTIVE SYMBOL
STRUCTURE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Prefabricated I-joists, truss joists, truss rafters, and
laminated beams and studs.
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.
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.
(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.
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]
(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]
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.
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.
A.
Regular membership:. Membership in the Company shall
be limited to 25 regular members and 10 auxiliary members which shall
include the Fire Marshal and the Deputy Fire Marshal(s).
[Amended 5-13-2021 by Ord. No. 09-2021]
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:
[Amended 5-13-2021 by Ord. No. 09-2021]
F.
Status
and certification. The Fire Marshal shall be a member of the Atlantic
Highlands Fire Department and hold valid State of New Jersey certification
pursuant to the UFC.
[Added 5-13-2021 by Ord. No. 09-2021]
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.
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.
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. All fees or permits, as set by NJDCA, Division of Fire Safety/Fire Prevention, at time of application shall prevail. 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.
[Amended 2-23-2011 by Ord. No. 03-2011; 5-13-2021 by Ord. No. 09-2021]
A.
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.
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.
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.
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.
