Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 2000-679 § 9-2; amended 2-26-2019 by Ord. No. 2019-938]
The Uniform Fire Safety Act, (P.L. 1983, c. 383) was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey; and the Uniform Fire Safety Act authorized municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose.
It is in the best interest of the Borough of Lake Como to have the Uniform Fire Safety Act and the Uniform Fire Safety Code enforced locally.
[Ord. No. 2000-679 § 9-2.2; amended 2-26-2019 by Ord. No. 2019-938]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Lake Como.
[Ord. No. 2000-679 § 9-2.3; amended 2-26-2019 by Ord. No. 2019-938]
The local enforcing agency shall be the Borough of Belmar Bureau of Fire Prevention ("Bureau of Fire Prevention").
[Ord. No. 2000-679 § 9-2.4]
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 Borough of Lake Como, shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. No. 2000-679 § 9-2.5]
The local enforcing agency as established by subsection 16-1.3 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.[1]
[1]
Editor's Note: Former §§ 16-1.6, Organization, 16-1.7, Fire Official, 16-1.8, Inspectors and Employees, 16-1.9, Removal from Office, and 16-1.10, Salaries, Ord. No. 2000-679, were repealed 2-26-2019 by Ord. No. 2019-938.
[Ord. No. 2000-679 § 9-2.2; amended 2-26-2019 by Ord. No. 2019-938]
a. 
The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention. The Bureau shall be under the supervision of the Borough of Belmar's Fire Official ("Fire Official").
[Ord. No. 2000-679 § 9-2.3]
As used in this section:
CORPORATION COUNSEL
as is used in the Fire Prevention Code, shall mean the Attorney of the Borough of Lake Como.
[Amended 2-26-2019 by Ord. No. 2019-938]
HABITABLE ROOM
as used in the Fire Prevention Code, shall mean a residential room or space in which the ordinary functions of domestic life are carried on, including bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms, and other similar spaces, but excluding closets, halls, stairways, laundry rooms, toilet rooms and bathrooms.
MUNICIPALITY
as used in the Fire Prevention Code, shall mean the Director of the Department of Public Safety of the Borough of Lake Como.
[Amended 2-26-2019 by Ord. No. 2019-938]
[Ord. No. 2000-679 § 9-1.4]
Whenever a majority of the members of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for to the Construction Official and then submitted to the Bureau for review or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the majority of the members of the Bureau of Fire Prevention to the Borough Council within thirty (30) days from the date of the decision appealed.
[Ord. No. 2000-679 § 9-1.5]
a. 
Any person who shall violate any of the provisions of the Codes hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $50, nor more than $500 or by imprisonment for not less than five days not more than 90 days or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that the prohibited conditions are maintained shall constitute a separate offense.
b. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Ord. No. 2000-679 § 9-2.11]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the County of Monmouth.
[Ord. No. 2000-679 § 9-1.6, § 9-1.7]
a. 
Annual Fire Registration Fees for Non-life Hazard Uses.
[Amended 2-26-2019 by Ord. No. 2019-938]
Fire inspection fee:
$50
Fire investigation report:
$12
b. 
Life Hazard Use Fees. All life hazard uses fees are established and maintained through the State of New Jersey.
[Ord. No. 2000-679 § 9-3.1]
As used in this section:
FALSE ALARM
shall mean any fire alarm causing notification to the municipal, Police, Fire or Fire Prevention Bureau through an alarm panel, switchboard or alarm lines or local alarm in a case where no fire exists.
FIRE ALARM SYSTEM
shall mean a system containing automatic detecting devices which actuate an alarm signal, requiring a response by fire suppression forces. It includes protective signaling systems or devices designed to transmit alarms and supervisory and trouble signals necessary for this protection of life and property.
[Ord. No. 2000-679 § 9-3.2]
Any person or business desiring to install an alarm system on the premises shall apply for an alarm system permit by writing to the Construction Official.
[Ord. No. 2000-679 § 9-3.3; amended 2-26-2019 by Ord. No. 2019-938]
Application forms issued by the Construction Official shall include the following information. The owner shall be responsible for transmitting the following information in writing or on forms provided to the fire agency to which the alarm or signal is sent:
a. 
The owner's name and the address of the location of the alarm system;
b. 
A description of the alarm system;
c. 
An acknowledgment that the applicant consents to Municipal/Fire Department inspection of the system and the premises where the system is installed in addition to that permitted or required by State law or regulation.
d. 
An agreement to test the fire alarm system in the fire agency representative's presence either annually or as required following transmission of a false alarm.
e. 
An acknowledgment that the system may not be used unless appropriate approval is granted.
A permit shall be issued upon presentation of the permit application if the equipment is in conformance with the above provisions and upon payment of the alarm system permit fee.
[Ord. No. 2000-679 § 9-3.4]
The issuing authority may revoke any alarm system permit issued pursuant to this section if the authority determines the alarm system has been operated or maintained in violation of these provisions, or for failure to pay the required fee.
The owner of the alarm system must receive written notice of the violation and an opportunity to be heard.
[Ord. No. 2000-679 § 9-3.5; amended 2-26-2019 by Ord. No. 2019-938]
A Borough of Belmar Fire Official ("Fire Official") qualified by a local enforcing agency shall annually inspect the fire alarm system to ensure the system complies with the operational requirements set forth herein.
Any violations as set forth in the following subsections or defects in the alarm system shall be noted by the Fire Official and a copy of the citations given to the owner. The owner shall have 20 days to correct the violations.
The owner of the alarm system shall maintain on the premises an accurate log of the location and number of alarm systems installed, any defects in, or modifications and repairs to the alarm systems and shall make this log available to the enforcing agency for inspection and evaluation.
[Ord. No. 2000-679 § 9-3.6]
The fire alarm system and protective equipment shall be tested monthly by the owner.
The owner shall notify the Fire Official reasonably in advance of any test and within 24 hours of any defect in or malfunction of the alarm system.
[Ord. No. 2000-679 § 9-3.7]
No individual or business shall install, operate or maintain any alarm system unless he has applied for and been granted a permit for such system as follows:
a. 
An alarm system shall be deemed registered at such time as a permit is issued therefor.
b. 
In successive years, an alarm system shall be deemed registered when the owner of the building in which the system is installed files a completed registration form with the Fire Official.
c. 
No further permit shall be required unless or until there is material change in any of the information previously submitted. The owner of the building shall file a revised, amended or supplemental application, at no additional charge, containing accurate current information, within 10 days of the change in the original information submitted to the Borough.
[Ord. No. 2000-679 § 9-3.8; amended 2-26-2019 by Ord. No. 2019-938]
a. 
Fire alarms. The Fire Official or designated Fire Inspector shall investigate, or cause to be investigated, the activation of any fire alarm, fire detector or fire protection system occurring within the Borough to determine the cause for such activation and determine if the device and/or equipment have been properly restored to full service.
b. 
Failure to report. It shall be a violation for any person or persons, having knowledge of same, to fail to report to the Borough of Belmar Fire Department and/or the Fire Official the activation of any fire protection system or device or to fail to report the occurrence of any fire or attempted arson or to fail to report the spill or leakage of any flammable or combustible liquid or gas or of any hazardous material immediately upon gaining such knowledge.
c. 
Define fire alarms; false alarms; nuisance alarm.
1. 
"Fire alarm" shall be defined as the giving, signaling or transmission to any public fire station, or company or to an officer or employee thereof, whether by telephone, spoken word or otherwise, of information to the effect that there is a fire at or near the place indicated by the person giving, signaling, or transmitting such information.
2. 
"False alarm" shall be defined as the willful and knowing initiation or transmission of a signal, message or other notification of an event of fire when no such danger exists.
3. 
"Nuisance alarm" shall be defined as an alarm caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or an alarm activated by a cause that cannot be determined.
4. 
Penalty. Any person who maintains or permits to be maintained any mechanical or electronic fire alarm device which transmits more than three false or nuisance fire alarms (excluding line-trouble signals) within any consecutive twelve-month period, after written notification by the Bureau of Fire Prevention, shall be punished by a fine of $250 for the fourth offense. For subsequent false or nuisance fire alarms after the fourth offense in the same calendar year, the fines will progressively increase for each additional offense. In no event, however, shall the fine exceed $500 for any one occurrence. All penalties shall be in addition to any court costs that may be required.
[Ord. No. 2000-679 § 9-3.9; amended 2-26-2019 by Ord. No. 2019-938]
Any person who, after receiving notice of the malfunction of the alarm system, and an order and an opportunity to correct, refuses or neglects to comply shall be subject to a penalty as set forth below in addition to any other penalties issued under State law or regulation for improper installation or maintenance:
a. 
For the first false alarm following notification—a penalty not to exceed $50.
b. 
For the second false alarm—a penalty of at least $75 but not to exceed $250.
c. 
For the third false alarm—a penalty of at least $170 but not to exceed $250..
d. 
For the fourth and subsequent false alarms—a penalty of at least $300 but not to exceed $500 and/or disconnection of the system or imprisonment not to exceed five days.
All penalties should be made payable to the Borough of Lake Como.
[New; amended 2-26-2019 by Ord. No. 2019-938]
a. 
Requirement; desisnation. Fire lanes shall be designated as follows for the efficient use of the fire apparatus, access for firefighting, and/or the egress of occupants.
b. 
Where needed. The Fire Official may establish fire areas on property devoted to public and private use, in accordance with N.J.A.C. 5:70-3.2(a)3, offices, warehouses, factories, restaurants, nightclubs, etc., and similar uses.
c. 
Existing fire lanes. Any and all fire lanes created by prior ordinance are hereby continued in effect and when repairs or modifications are made to such fire lanes, they shall be brought into conformity with this Code, as much as shall be practical in the appropriate Fire Official's judgment. The standard for exercise of said judgment shall conform to those contained in subsections 28-1.13.6a and b. above.[1]
[1]
Editor's Note: So in original.
d. 
Markings. The owner shall, within 30 days of being given a notice to do so by the Fire Official, mark the lane(s) as follows:
1. 
Signs, with minimum dimensions of 12 inches by 18 inches, constructed of metal and with raised red letters a minimum of two inches in size on a white background shall be posted at level of at least seven feet above grade, indicating "FIRE LANE NO PARKING." Spacing of signs shall be even with a minimum of one sign for everyone 100 feet when viewed from a position approximately five feet above the ground while in the fire lane.
e. 
Definitions. For the purpose of fire lane enforcement, the following terms are defined:
FIRE AREA
The same as fire lane.
FIRE LANE
An area necessary to provide safety for the public or to provide proper access for the Fire Department operations in the event of an emergency.
NO PARKING
That a vehicle may not be parked within the designated area unless loading or unloading passengers or materials with a time limit of three minutes.
f. 
Size. Fire lanes for vehicles access shall be a minimum of 18 feet in width or as approved by the Fire Official. Fire lanes for egress of occupants shall be a minimum of at least the width of the exitway served.
g. 
Notification. Once a fire lane has been designated by the Fire Official, approved as provided above and properly marked by the owner of the premises, the Fire Official shall notify the Police Department, Construction Department, and Municipal Court Administrator in writing of the existence and location of the designated fire lane(s).
h. 
Restricted areas. Gates, chains or other approved methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Official prior to installation, provided such restrictions will not impede access by firefighting apparatus. The Fire Official shall determine whether any changes or deviations from the appropriate methods may be utilized.
i. 
Installation, maintenance. Fire lanes shall be installed and maintained by the owner of the premises or a designee in conformity with the provisions of this subsection. Fire lanes in existence prior to the enactment of this subsection shall be required to conform to the provisions herein at the discretion of the Fire Official. Fire lanes must be accessible for fire apparatus use at all time.
j. 
Parking, standing and obstruction prohibited. Designated fire lanes shall be maintained free of snow and obstructions, including vehicles, at all times.
k. 
Notice of violation. The Fire Official or designated Fire Inspector(s) may complete a municipal summons, or a notice of violations, which shall be issued to offenders by personally serving same upon any offender, or if the offender is not attendant to the vehicle(s) shall leave the notice under the windshield wiper or otherwise attached to the vehicle(s) in a manner reasonably calculated to ensure receipt of same by the offender.
l. 
This subsection shall supersede any and all provisions of any other ordinance promulgated for the enforcement of parking in fire lanes. Enforcement shall only be done by personnel from the Borough of Belmar. Personnel enforcing these provisions shall be either uniformed or carry appropriate identification.
[New]
Designated areas shall be maintained free of obstructions by any vehicles or other obstructions.
[New; amended 2-26-2019 by Ord. No. 2019-938]
Any violations of this section shall be cited by the Fire Official or his designee or a Police Officer of the Borough of Lake Como.
[Added 2-26-2019 by Ord. No. 2019-938]
Firewatch/Fire Standby.
a. 
Whenever the Fire Official or designated Fire Inspector shall determine that on-site fire inspector(s) or firefighting personnel shall be required for fire watch as a result of fire protection system failure or deficiencies, or fire safety at any occupancy or event to insure the safety of the public or emergency responders, the owner or occupant responsible shall obtain a permit for the use or event.
b. 
The Fire Official or designated Fire Inspector shall determine the number of inspectors and/or firefighting personnel required.
c. 
The Fire Official or designated Fire Inspector shall determine the hours that the fire inspector(s) and/or firefighting personnel will be on duty.
d. 
The permit fee shall cover the expenses incurred by the Borough of Lake Como.
e. 
The fee for the permit shall include:
1. 
Compensation for fire personnel at $35 per hour Monday through Friday, 7:00 a.m. to 3:00 p.m.; $50 per hour for holidays, Saturdays, Sundays, and from 3:00 p.m. to 7:00 a.m. weekdays.
2. 
Reimbursement rates for other related services, equipment, or expenses shall be provided to the owner by the Fire Official or designated Fire Inspector prior to the scheduled use or event.
3. 
The Fire Official or designee(s) shall have the right of access to the premises and area surrounding it without interference from the property owner.
4. 
Failure to secure a permit shall be punishable by a penalty equal to amount of the permit plus $100 for the first offense; amount of the permit plus $250 for the second offense; amount of the permit plus $500 for the third and each subsequent offense.
5. 
A permit shall be required for each separate event or date of the activity requiring such a permit.
6. 
Any occupancy or event requiring fire apparatus and firefighting personnel on site to insure the safety of the public and/or other occupants, and/or to insure the safety of any building and/or exposures shall reimburse the appropriate fire district. Fees shall be $150 per required fire apparatus unit per occurrence and $25 per hour per firefighter manning apparatus.
[Added 2-26-2019 by Ord. No. 2019-938]
a. 
Purpose and intent. The purpose and intent of these regulations are to require the provision of key boxes for the mutual benefit of property owners and fire personnel responding to fire-related alarms, to prevent damage through forceful entry to structures, and to provide swift entry into structures by the Fire Department in the event of a fire alarm. The Borough of Lake Como also wishes to encourage voluntary compliance by those not required to comply with these regulations; persons doing so will be required to comply with the regulations set forth herein.
b. 
Definitions. Terms not defined shall have their usual and customary meanings, unless a different meaning clearly appears from the context. The following terms whenever used or referred to in this subsection shall have the following respective meanings, unless a different meaning clearly appears from the context:
FIRE ALARM SYSTEM
Shall be defined as to include, but is not limited to; any and all device or devices which provide fire, and/or smoke, and/or heat detection, and/or carbon monoxide detection and in response to detecting the same activates an alarm and/or sprinkler, and/or extinguishing system.
KEYS
Shall be defined as key, and/or combination codes, and/or any other such entry devices or equipment which may be necessary for access.
c. 
All properties within the Borough of Lake Como having a fire alarm system shall be equipped with a key box. This requirement shall not apply to owner-occupied one and two family properties.
d. 
The key box shall be of an Underwriters' Listed ("UL") type and shall be approved by the Borough of Lake Como Fire Marshal. The key box shall be installed in a location approved by the Borough of Belmar Fire Marshal.
e. 
Key box contents. Key boxes may be required to contain any or all of the following, as shall be determined by the Fire Marshal:
1. 
Keys to all locked points of ingress and/or egress, whether interior or exterior of such structures;
2. 
Keys to all locked mechanical rooms;
3. 
Keys to all elevator controls;
4. 
Keys to all locked elevator rooms;
5. 
Keys to all fence or secured areas;
6. 
Keys to all other areas which may be needed to conduct a thorough and complete fire alarm system activation investigation;
7. 
A floor plan of all rooms within the structure;
8. 
All access or combination codes to locked points of egress or ingress, whether interior or exterior of such structures.
f. 
Time for compliance. All existing structures shall comply with this subsection within 12 months of its effective date. All newly constructed structures for which a certificate of occupancy has not been issued, or structures currently under construction, shall comply immediately.
g. 
Associated costs. All associated costs for the purchase and installation of a key box(s) shall be assumed by the property owner.
h. 
It shall be a violation of this subsection for any person, except for the property owner or his authorized representative and/or fire personnel to access or alter a key box or its contents.
i. 
Violations; penalties. Every person violating the provisions of this subsection shall upon conviction thereof, be subject to a fine of $250 plus costs. The property owner shall have 10 calendar days, from the date of issuance of a violation, to remedy the violation. If the violation is remedied in this time frame the property owner shall only be subject to a fine of $250 plus costs. If the violation is not remedied in this time frame the property owner shall be subject to a fine of $250 plus costs, plus an additional fine of $50 per day, calculated from the date of the violation, and continuing until the violation is remedied.
[Added 2-26-2019 by Ord. No. 2019-938]
Open burning for any reason is hereby prohibited except where permits have been obtained from the Fire Official. Open burning is defined as the burning of any material, in anything other than an approved device, or in an uncontained manner.
[Added 2-26-2019 by Ord. No. 2019-938]
It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes, or on private property. Minimum clearance to any fire hydrant or connection shall be 10 feet in all directions.
[Added 2-26-2019 by Ord. No. 2019-938]
a. 
Smoke detectors capable of sensing visible and invisible particles of combustion shall be required on each floor and the basement area in all principal structures on a lot. The smoke detectors shall be approved, listed and labeled by Underwriter's Laboratories Inc. and shall be installed in a manner and location consistent with the requirements of the New Jersey Uniform Construction Code and approved by the Municipal Fire Subcode Official. The smoke detector shall provide an alarm suitable to warn the occupant of the structure when actuated by the presence of smoke therein. Smoke detectors shall be installed as required by the provisions of N.J.S.A. 52:27D-198.1.
b. 
Carbon monoxide detectors shall be required in all principal structures which contain fuel-burning appliances or have an attached garage. Standard NFPA-720 requires only one detector per sleeping area. Carbon monoxide detectors shall be approved, listed and labeled by Underwriter's Laboratories Inc., and shall be installed in a manner and location consistent with the New Jersey Uniform Fire Code. The carbon monoxide detector shall provide an alarm suitable to warn the occupant of the structure when actuated by the presence of carbon monoxide therein.
[Added 2-26-2019 by Ord. No. 2019-938]
a. 
Any owner, agency, or person or corporation who shall violate any provision of this chapter or fail to comply therewith or with any of the requirements thereof shall be subject to a penalty to be determined by the Fire Official. The effective date of the enforcement provisions set forth in this section shall be 12 months for existing structures and 20 days from the passage of this amendment for new structures.
b. 
The Fire Official of the appropriate local enforcing agency shall be responsible to enforce this chapter as an amendment to N.J.A.C. 5:70 et seq., and penalties may be assessed as provided in the New Jersey Uniform Fire Prevention Code.
c. 
The maximum penalty for violation of any provision of this chapter shall be $1,000 or imprisonment for a period not exceeding 90 days, or both, in the discretion of the Municipal Court Judge. Any fines collected shall belong to the Borough of Lake Como.
d. 
Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
e. 
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all may be appropriate for a particular case or violation, and shall be mandated where a specific penalty is set forth in each subsection herein above.
[Ord. No. 2010-848]
In accordance with the dictates of N.J.S.A. 17:36-8, as amended, the Mayor and Council of the Borough of Lake Como hereby adopts the required ordinance as set forth in N.J.S.A. 17:36-9 whereby the Borough of Lake Como hereby prohibits the payment to a claimant by any insurance company of any claim in excess of $2,500 for fire damages on any real property located within the Borough of Lake Como pursuant to any fire insurance policy issued or renewed after the effective date of this section, unless and until all taxes, assessments or other municipal liens or charges affecting such property have been paid in full.
[Ord. No. 2010-848]
A copy of this section shall be filed with the State Commissioner of Insurance in accordance with the above-enumerated Statute.
[Ord. No. 2010-848]
This section shall take effect immediately upon adoption and publication in accordance with Statute. Ordinance No. 2010-848, codified herein, was adopted September 21, 2010.