[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 5-9-2007 by Ord. No. 10-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 26.
Uniform construction codes — See Ch. 90.
Property maintenance — See Ch. 151.
Solid waste — See Ch. 162.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 107, Fire Prevention, adopted 8-13-1992 by Ord. No.
239.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.)
shall be enforced locally in the Borough of Folsom.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The local enforcing agency shall be the Borough of Folsom through
its Bureau of Fire Prevention, which is hereby created therein. The
Bureau of Fire Prevention shall hereinafter be known as the "local
enforcing agency."
The Bureau of Fire Prevention established by § 107-2 of this chapter shall be a part of the Department of Fire Safety and shall be under the direct supervision and control of the Chief Fire Marshal, who shall report to the Mayor or the Chairman of the Fire Safety Committee.
The Bureau established by § 107-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. The types of life-hazard uses to be inspected by the Bureau are as set forth in N.J.A.C. 5:70.1 et seq., and the buildings, uses and premises described therein shall constitute the life-hazard uses which are subject to registration and periodic inspection requirements to be undertaken by the Bureau.
The Bureau established by § 107-2 of this chapter is a part of the Department of Fire Safety and will be under the direct supervision and control of the Chief Fire Marshal, who will report to the Mayor or the Chairman of the Fire Safety Committee.
A.
The Bureau of Fire Prevention established by this chapter shall be
under the direct supervision and control of the Chief Fire Marshal,
who shall report to the Mayor or the Chairman of the Fire Safety Committee.
B.
The Bureau of Fire Prevention shall have at least one paid inspector,
who may also serve as the Chief Fire Marshal.
C.
The Bureau of Fire Prevention, under the direct supervision of the
Chief Fire Marshal, shall have a backup fire inspector with the title
of Deputy Chief Fire Marshal.
A.
Appointment and qualifications of the Chief Fire Marshal. The Chief
Fire Marshal shall be certified by the state and appointed by the
Mayor and Council.
B.
Appointment and qualifications of inspectors and other employees.
Inspectors and other employees of the enforcing agency will be appointed
by the governing body upon the recommendation of the Chief Fire Marshal.
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.
The Chief Fire Marshal shall serve for a term of two years, running
from January 1 to December 31. The Deputy Chief Fire Marshal shall
serve for a term of one year, running from January 1 to December 31.
Any vacancy shall be filled for the unexpired term.
E.
Removal from office. The Chief Fire Marshal, inspectors and other
employees of the agency shall be subject to removal by the Mayor and/or
Council for inefficiency or misconduct. Before removal from office,
all persons shall be afforded an opportunity to be heard by the Council
or a hearing officer designated by the same.
Pursuant to N.J.A.C. 5:70-2.11(a)1 of the Uniform Fire Code,
any person aggrieved by any action of the local enforcing agency shall
have the right to appeal to the Atlantic County Board of Appeals.
The Chief Fire Marshal shall make such inspections within the
Borough of Folsom as are required by the Uniform Fire Code and shall
charge such fees for inspections and permits as are provided by N.J.A.C.
5:70-2.9 and this chapter.
The Chief Fire Marshal of the Borough of Folsom shall inspect,
at least biannually, all non-life-hazard-use hotels and multiple dwellings
within the Borough of Folsom to verify that all buildings within these
use groups comply with the requirements of the Uniform Fire Safety
Act. The Chief Fire Marshal shall charge the following inspection
fees for inspection of R-1 and R-2 use groups:
A.
In addition to the registrations required by the Uniform Fire Code,
the following non-life-hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected once per year and
shall pay an annual fee as set forth below:
Use Group
|
Annual Fee
| ||
---|---|---|---|
Business Use Group
| |||
B-1 under 2,500 square feet
|
$25
| ||
B-2 2,500 to 4,999 square feet
|
$35
| ||
B-3 5,000 to 9,999 square feet
|
$50
| ||
B-4 10,000 and over square feet
|
$100
| ||
Factory Use Group
| |||
F-1 under 5,000 square feet
|
$75
| ||
F-2 5,000 and over square feet
|
$100
| ||
Mercantile Use Group
| |||
M-1 under 6,000 square feet
|
$25
| ||
M-2 6,000 to 11,999 square feet
|
$50
| ||
Storage Use Group
| |||
S-1 under 2,500 square feet
|
$25
| ||
S-2 2,500 and over square feet
|
$50
| ||
Residential Use Group
| |||
R-A non-owner-occupied, 1 and 2 units
|
$25
| ||
R-B 3 to 6 units
|
$35
| ||
R-C 7 to 12 units
|
$50
| ||
R-D 13 to 20 units
|
$75
| ||
R-E over 20 units
|
$125
| ||
Utilities Use Group
| |||
U-1 under 2,500 square feet
|
$25
| ||
U-2 2,500 and over square feet
|
$60
|
B.
R-A uses shall be inspected and charged a fee only upon sale or change
of tenant.
C.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as business uses.
D.
Uses required to register with the state as life-hazard uses shall
not be required to register under this section, unless there is more
than one use group on the property which may be registered in accordance
with the aforementioned fees as stated above.
E.
At the discretion of the Chief Fire Marshal, vacant buildings will
be charged and inspected according to the previous use of the building.
F.
All residential uses except R-A uses shall be inspected in the common
areas only.
A.
Structures owned by the Borough of Folsom, by volunteer fire company(ies),
by volunteer rescue squads, by all churches located in the Borough
and by the Borough of Folsom Municipal Utilities Authority shall be
exempt from the fee requirements of this chapter for all inspections
of such structures. However, all such structures shall comply with
the requirements of the Uniform Fire Safety Act and with the Uniform
Fire Code and shall be inspected by the Chief Fire Marshal in the
same manner as all other structures under the jurisdiction of said
official.
In the event that the owner or lessee of any building fails
or refuses to comply with any of the requirements as set forth in
this chapter, enforcement procedures shall be applied by the Chief
Fire Marshal that shall be in accordance with the Uniform Fire Code,
N.J.A.C. 5:70.1 et seq.
A.
No person shall park or stop a motor vehicle or in any other manner
obstruct a properly designated fire lane, fire hydrant or Fire Department
connection. This shall apply to any public street, private street
or access lane.
(1)
Violations of this chapter or any provision of the Uniform Fire Safety
Act (N.J.S.A. 52:270-192 et seq.) or the New Jersey Uniform Fire Code
(N.J.AC. 5:70.1 et seq.) which pertains to this chapter shall be enforced
by the Fire Prevention Bureau.
(2)
The local law enforcement agency having jurisdiction shall assist
the Fire Prevention Bureau in obtaining information on any vehicle
in violation of this chapter. The Fire Prevention Bureau shall have
the authority to have any vehicle found in violation of this chapter
impounded at the expense of the vehicle owner.
B.
All fire lane locations shall be recorded in a file maintained by
the Fire Prevention Bureau and shall be made available for public
inspection. Copies of said file shall also be located in the Borough
Clerk's office, the Police Department and the Fire Department.
C.
All curbs in a fire lane shall be painted exclusively with yellow
traffic paint that meets the specifications for Type I pure drying
yellow traffic paint for road and bridge construction of the New Jersey
Department of Transportation. An approved plan and a color sample
must be submitted to and approved by the Fire Prevention Bureau. Hash
marks and curb markings may be used in lieu of signs as determined
by the Fire Prevention Bureau.
(1)
Whenever a fire lane is established on any property, the property
owner shall erect, replace, repair and maintain all fire lane signs
and markings on said property as specified in this section and by
the Fire Prevention Bureau. The property owner shall have 15 days
to comply with this section upon proper notice by the Fire Prevention
Bureau. Said notice shall contain a copy of this section.
(2)
The underside of any sign erected on a post shall be at least seven
feet from the ground or pavement. The underside of any sign mounted
on a building shall be six feet from the ground or pavement. The spacing
between signs shall be determined by the Fire Prevention Bureau. All
signs, posts and foundations shall be constructed to hold signs and
posts in a proper and permanent position. Signs shall be mounted to
resist swaying in the wind or displacement by vandalism. Sign dimensions
shall be 12 inches by 18 inches. Signs shall be white and reflective,
and all lettering shall be red and reflective. The words "NO PARKING"
shall be 7.5 inches in height, and the words "FIRE LANE" shall be
five inches in height.
The Fire Prevention Bureau shall have the authority to issue
any fine, penalty or enforcement action as provided for in the Uniform
Fire Safety Act or the New Jersey Uniform Fire Code. Unless another
fine, penalty or enforcement action is expressly provided for by the
aforementioned laws, any person who violates any provision of this
chapter shall be issued the following fines:
The salary of the Fire Official shall be fixed from time to
time by the Mayor and Council and shall be included within the Salary
Ordinance of the Borough of Folsom.
All ordinances and parts of ordinances not inconsistent herewith
shall remain in effect. If any provision of this chapter shall be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the chapter as a whole or
any other part hereof. This chapter shall take effect upon final passage
and publication according to law.