[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 8-1-1985 by Ord. No. 274 (Ch. 52, §§ 52-1
to 52-11, of the 1977 Township Code). Amendments noted where applicable.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383) (N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform
Fire Code shall be locally enforced in the municipality of the Township
of Upper Deerfield.
There is hereby established a Bureau of Fire Prevention within
the Township of Upper Deerfield composed of the fire chiefs of all
fire companies formed and operating in the Township of Upper Deerfield,
which Bureau shall be the local enforcing agency for the purpose of
administrating and enforcing the Uniform Fire Safety Act, pursuant
to the provisions of this chapter. The fire chiefs shall be designated
by the respective fire companies. A temporary or acting chief may
be designated by any fire company to function during the absence or
disability of the fire chief representing such company. A majority
of the members of the Bureau shall constitute a quorum.
The local enforcing agency shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted under it in all buildings,
structures and premises within the established boundaries of the Township
of Upper Deerfield, other than owner-occupied one- or two-family dwellings,
and shall faithfully comply with the requirements of the Uniform Fire
Safety Act and the New Jersey Uniform Fire Code.
The local enforcement agency established by § 212-2 of this chapter shall carry out the periodic inspections of life hazard uses required by the New Jersey Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcing agency established by § 212-2 of this chapter shall be a part of the municipal government of the Township of Upper Deerfield and shall be under the direct supervision and control of the Township Committee or any member or committee thereof duly designated by the Township Committee for this purpose from time to time.
A.Â
Fire Official. The duties of the enforcing agency shall be administered
by a Fire Official, who shall be appointed by the Township Committee
of the Township of Upper Deerfield, upon the written recommendation
of the Bureau of Fire Prevention of the Township of Upper Deerfield.
The Fire Official shall be the administrative officer of the local
enforcing agency and shall carry out the duties of enforcing the Uniform
Fire Safety Act, subject to the supervision of the Bureau of Fire
Prevention of the Township of Upper Deerfield.
B.Â
Term of office. The Fire Official shall serve for a term of one year
and until his successor has been appointed and qualified. Any vacancy
shall be filled for the unexpired term. A temporary or Acting Fire
Official may be appointed by the Township Committee, upon written
recommendation of the Bureau of Fire Prevention, during the temporary
absence or disability of the Fire Official. In the event of a vacancy
or the temporary absence or disability of the Fire Official, if no
recommendation has been made by the Bureau of Fire Prevention, then
the Township Committee may appoint a qualified person as temporary
or Acting Fire Official to serve until an appropriate recommendation
has been made and acted upon.
C.Â
Inspectors and employees. Such inspectors and other employees as
may be necessary in the local enforcing agency shall be appointed
by the Township Committee of the Township of Upper Deerfield, upon
the written recommendation of the Fire Official, to serve at the discretion
of the Township Committee. An equal number of inspectors shall be
appointed from among the members of each fire company formed and operating
within the Township, so long as qualified persons are available for
this purpose.
D.Â
Removal from office. The Fire Official, inspectors and other employees
of the enforcing agency shall be subject to removal by the Township
Committee of the Township of Upper Deerfield for inefficiency or misconduct,
provided that each such person shall first be afforded a hearing by
the Township Committee or before a hearing officer designated by the
Township Committee for this purpose, after reasonable notice thereof
and in accordance with the duly adopted personnel policies of the
Township of Upper Deerfield.
Pursuant to Sections 15 and 17 of the New Jersey Uniform Fire
Safety Act, any person aggrieved by any order of the local enforcing
agency shall have the right to appeal to the Construction Board of
Appeals of the County of Cumberland.[1]
[1]
Editor's Note: See N.J.A.C. 5:70-2.19 for provisions relating
to appeals.
[Amended 5-5-2011 by Ord.
No. 669]
Inspections shall be made and permits issued for all uses, including
life hazard uses, in the manner required by the New Jersey Uniform
Fire Code. Annual registration fees for life hazard uses shall be
paid in the amounts fixed in said Fire Code, as promulgated from time
to time by the Commissioner of the Department of Community Affairs
of the State of New Jersey. The application fee for other permits
required by said Fire Code are similarly set and amended from time
to time.[1]
[1]
Editor's Note: See N.J.A.C. 5:70-2.9.
[Added 9-18-2016 by Ord.
No. 746]
A.Â
The Fire Marshal shall have the authority to require a key box to
be installed in or on any property within the Township of Upper Deerfield
deemed to be necessary pursuant to and within the authority provided
in this chapter.
B.Â
Whenever access to a property, structure or area within the Township
of Upper Deerfield is restricted because of a lock, barrier, gate
or other security device or mechanism, and the Fire Marshal determines
that the use and placement of a key box is necessary for purposes
of allowing immediate access to such location by Fire Departments
or other emergency personnel in order to conduct life-saving or fire-fighting
activities thereon, the owner, tenant or other person or persons occupying
or otherwise in charge of such location shall install a key box in
accordance with the requirements of this chapter.
C.Â
FIRE MARSHAL
KEY BOX
LIFE HAZARD USE and NON-LIFE HAZARD USE
PROPERTY, LOCATION, STRUCTURE or AREA
Definitions. The following words or phrases shall have the following
meanings with respect to the provisions of this chapter concerning
key boxes:
The Fire Marshal of the Township of Upper Deerfield or his/her
representative.
A locked physical device within or on a property, of a type,
make and model approved by this chapter and the Fire Marshal, which
shall contain keys or other access devices necessary for gaining entry
to the building, structure or area, and which is installed for the
sole purpose of allowing Fire Departments or other emergency personnel
to gain access necessary for life-saving or fire-fighting purposes.
Access to key boxes by the Fire Departments of Upper Deerfield Township
shall be through the use of a key or other proprietary entry device
in the possession of the Fire Departments.
Shall have the same meanings and definitions as in the New
Jersey Uniform Fire Code.
When used in this chapter with respect to key boxes shall
refer to any physical location, whether occupied or vacant, whether
improved or unimproved, which is located within the Township of Upper
Deerfield.
[Added 9-18-2016 by Ord.
No. 746]
A.Â
The following types of structures, whether classified as life hazard
use or non-life hazard use properties, shall be required to install
key boxes:
(1)Â
Any nonresidential building or property with an automatic fire alarm
or sprinkler system.
(2)Â
Any nonresidential location that has any type of security gate which
otherwise prevents unrestricted access.
(3)Â
Any building which contains large quantities (as determined by the
Fire Marshal) of hazardous materials, as such materials are defined
by the New Jersey Uniform Fire Code.
(4)Â
Any nonresidential location that has a history of chronic false fire
alarms or nuisance fire alarms.
(5)Â
Any other location which, in the opinion of the Fire Marshal after
review of all circumstances, shall require a key box in order to provide
adequate means of access for fire-fighting and life-saving purposes.
B.Â
Exceptions. Any owner, tenant or occupant otherwise required by this
chapter to install a key box, who seeks a variance from such requirement,
shall submit a letter to the Fire Marshal stating the reasons why
such installation should not be required. The letter shall be submitted
within 10 days of being ordered or otherwise required to make the
installation. Upon submission, the Fire Marshal shall review the variance
request along with the information submitted and make a determination.
In the event that the variance request is denied, the applicant shall
have a right of appeal to the Township Committee of Upper Deerfield
by submitting a letter requesting same no later than seven days after
receipt of the Fire Marshal's decision.
[Added 9-18-2016 by Ord.
No. 746]
A.Â
Key boxes, when required to be installed by this chapter, shall be
installed at the sole cost and expense of the property owner, tenant
or other occupant of the property.
B.Â
Upon notice from the Fire Marshal, an owner, tenant or other occupant
of a property shall have 30 days to order and obtain a key box. Prior
to the purchase and installation of a key box, the owner, tenant or
occupant responsible to install it shall meet with the Fire Marshal
and obtain approval for the required size, placement and contents
of the key box to be installed. Upon receipt of the key box, the party
installing same shall meet with the Fire Marshal, who shall approve
the placement and contents of the key box prior to installation. The
key box shall be installed and ready for use no later than 10 days
after receipt. Any delays to the above required time frames which
are caused by the Fire Marshal or key box vendor shall not be the
responsibility of the party installing it.
C.Â
It shall be the responsibility of the owner, tenant or occupant of
the property using a key box to ensure that it is maintained properly.
Such responsible party shall permit the Fire Marshal to annually check
each key box and note any repairs which may be necessary, which repairs,
upon notification, shall be completed within a reasonable time frame
specified by the Fire Marshal. It shall also be the obligation of
such person to inform the Fire Marshal any time a key needs to be
added or changed from the key box or any other modification of the
key box becomes necessary.
[Added 9-18-2016 by Ord.
No. 746]
The Fire Marshal shall enforce the provisions of this chapter
regarding key boxes. Any person or entity that fails to comply with
the provisions hereof, or any order or directive of the Fire Marshal
enforcing same, shall be in violation of the provisions of this chapter.
Upon citation by the Fire Marshal for noncompliance, the alleged violation
shall be heard in the Municipal Court for Upper Deerfield Township.
Any conviction thereof shall subject the violator to a fine of not
less than $100 nor more than $500 for each violation. Each day of
noncompliance shall constitute a separate violation.
[Added 9-18-2016 by Ord.
No. 746]
In addition to the registration of life hazard uses required
by the New Jersey Uniform Fire Code, the following non-life hazard
uses shall be required to register with the Fire Marshal or the Bureau
of Fire Prevention and pay an annual registration fee as listed herein.
All such uses shall be subject to inspection by the Fire Marshal not
less than once every three years. Uses not classified below that are
subject to the New Jersey Uniform Fire Code shall be classified as
business uses. Any vacant structure will be charged a fee and inspected
according to the immediate previous use of the structure. Uses required
by the New Jersey Uniform Fire Code to be registered with the State
of New Jersey as life hazard uses shall not be required to register
under this section.
|
Use Group
|
Annual Fee
|
|---|---|
|
B-1 (under 2,500 square feet)
|
$35
|
|
B-2 (2,500 to 4,999 square feet)
|
$45
|
|
B-3 (5,000 to 9,999 square feet)
|
$55
|
|
B-4 (10,000 square feet and over)
|
$60
|
|
Factory
| |
|
F-1 (under 5,000 square feet)
|
$35
|
|
F-2 (5,000 square feet and over)
|
$60
|
|
Mercantile
| |
|
M-1 (under 6,000 square feet)
|
$35
|
|
M-2 (6,000 to 11,999 square feet)
|
$60
|
|
Storage
| |
|
S-1 (under 2,500 square feet)
|
$35
|
|
S-2 (2,500 square feet and over)
|
$45
|
|
Utilities
| |
|
U-1 (under 2,500 square feet)
|
$35
|
|
U-2 (2,500 square feet and over)
|
$60
|
[Added 9-18-2016 by Ord.
No. 746]
The use of any key box is for the exclusive purpose of conducting
life-saving or fire-fighting activities. Persons authorized to use
a key box shall at all times respect the privacy of the property owners,
their businesses and clientele. Any misuse of the key box by any Fire
Company person shall be a violation of this chapter giving rise to
grounds for immediate dismissal, and punishable by fines up to $500
per occurrence. Nothing contained herein shall prevent prosecution
for any violation of state law arising out of the use and/or misuse
of the key box.
