[1967 Code § 11-1-1; Ord. No. 26-78 § 1; Ord. No. 12-85 § 1]
The New Jersey Uniform Fire Code promulgated under the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 to 213, is hereby adopted in and for the Township and shall hereafter be known and cited as the "Fire Prevention Code" of the Township of Millburn. Any section or provision of the Code which is not specifically deleted, amended, or supplemented by subsection 13-1.3 is hereby adopted and, pursuant to N.J.S.A. 40:49-5.1, deemed to be incorporated by reference in this subsection as if set forth at length herein. Three (3) copies of the Code, marked so as to indicate what portion thereof is adopted, have been placed on file in the office of the Township Clerk and will remain on file there for the use and examination of the public.
[1967 Code § 11-1-2; Ord. No. 2212-03 § 1]
For the purposes of the Fire Prevention Code adopted by subsection 13-1.1, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
CORPORATION COUNSEL
Shall mean the Township Attorney.
FIRE OFFICIAL
Shall mean the officer of the Township Fire Department assigned by the Chief of the Fire Department to be in charge of the Bureau of Fire Prevention within the Fire Department.
MUNICIPALITY
Shall mean the Township of Millburn.
[1967 Code § 11-1.3; Ord. No. 26-78 § 2; Ord. No. 2-82 § 1; Ord. No. 9-84 § 1; Ord. No. 12-85 § 2; Ord. No. 16-91 §§ 1, 2; Ord. No. 14-92 § 1; Ord. No. 2212-03 § 2; Ord. No. 2220-03 §§ 1, 2; Ord. No. 2306-07 § 1; Ord. No. 2427-14; Ord. No. 2514-18]
The New Jersey Uniform Fire Code adopted by subsection 13-1.1 is hereby amended and supplemented as follows:
a. 
Permit Fees. The permit fees established by N.J.A.C. 5:70-2.9 (a, b and c) of the New Jersey Uniform Fire Code with respect to the types of permits defined in N.J.A.C. 5:70-2.9(c) shall be charged in the Township of Millburn as follows:
Type 1
$54.00
Type 2
$214.00
Type 3
$427.00
Type 4
$641.00
b. 
Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance Fee. The application for a Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance (CSDCMAC), as required by N.J.A.C. 5:70-2.3, shall be based upon the amount of time remaining before the change of occupant is expected, as follows:
1. 
Requests for a CSDCMAC received more than ten (10) business days prior to property being sold (the closing date), leased (signing of the lease), or otherwise made subject to a change of occupancy for residential purposes: $100.00;
2. 
Requests for a CSDCMAC received four (4) to ten (10) business days prior to property being sold (the closing date), leased (signing of the lease), or otherwise made subject to a change of occupancy for residential purposes: $125.00;
3. 
Requests for CSDCMAC received fewer than four (4) business days prior to property being sold (the closing date), leased (signing of the lease), or otherwise made subject to a change of occupancy for residential purposes: $175.00.
4. 
Reinspection fees of $50.00 will be charged for each additional inspection after the original CSDCMAC.
c. 
Exemption for Permit Fee. There shall be an exemption from permit fee for any public display of fireworks on July 4 and any other event sponsored by the Township or school systems which the Millburn Township Committee approves by resolution.
d. 
Section 605.10 is hereby amended to read as follows:
605.10.4 Portable heaters, electric space heaters. The use of portable kerosene and portable oil fired heaters is prohibited in all use groups in the Township. Portable, electric space heaters shall comply with Sections 605.10.1 through 605.10.4.
e. 
Section 906 entitled "Portable Fire Extinguishers—Where required" is hereby supplemented by a new section 906.1(7) to read as follows:
906.1(7) Other occupancies. The Fire Official shall survey each assembly, business, factory and industrial high hazard, institutional, mercantile, multi-family and storage occupancy and shall specify appropriate manual or portable fire extinguishing appliances which shall be provided in or near boiler rooms, basements, storage areas, kitchens, mechanical rooms, corridors, lobbies, sales floors, office areas and other places.
f. 
(Reserved)
g. 
A new Chapter 34 of the International Fire Code New Jersey Edition 2006, entitled "Flammable and Combustible Liquids" is hereby enacted to read as follows:
3404.1.1 Storage tanks and dispensing units in residential districts. Storage tanks for gasoline, diesel fuel, and other combustible or flammable liquids and dispensing equipment related thereto are prohibited in all residential districts of the Township. This prohibition shall not apply to any tanks and accessory equipment for which a permit has been issued by the Millburn Township Fire Official under the Fire Protection Subcode adopted by the Township. This ordinance shall not apply to tanks utilized in the storage of fuel oil used in connection with oil-burning equipment for heating of residential buildings.
h. 
N.J.A.C. 5:70-2.7(a)4 is supplemented by the addition thereto of a new subsection vi to read as follows:
5.70-2.7(a)4vi Displaying liquid or gas fuel powered equipment in all Use Groups.
[1]
Editor's Note: For other New Jersey Fire Code fees, see applicable New Jersey Fire Code sections on file in the Township Bureau of Fire Prevention.
[1967 Code § 11-1-7; Ord. No. 12-85 § 3; Ord. No. 2212-03 § 3]
a. 
The Fire Prevention Code adopted by Section 1-5 shall be locally enforced in Millburn Township by the Fire Official in the Township Fire Department, which is hereby established, and which shall be operated under the direct supervision and control of the Fire Official.
b. 
The officer in charge of the Bureau of Fire Prevention shall be an officer of the Fire Department assigned by the Chief of the Fire Department to act as Fire Official.
c. 
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall be necessary.
d. 
The Bureau of Fire Prevention shall make monthly reports to the Township Committee, which reports shall contain all proceedings under this Chapter, and such other information as the Committee may request.
e. 
The Millburn Township Bureau of Fire Prevention 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 Millburn Township, other than owner-occupied one (1) and two (2) family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
f. 
The Millburn Township Bureau of Fire Prevention shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Ord. No. 2208-02 § 1]
The purpose of this section is to ensure that fire hydrants are kept clear and unobstructed in the event they are needed for fire suppression, training, or maintenance activities within the Township as provided in Section F-102.1.1(2) of the Fire Prevention Code.
[Ord. No. 2208-02 § 1]
As used in this section.
FIRE HYDRANT
Shall mean any device designed for firefighting applications and for accessing water mains.
MILLBURN FIRE DEPARTMENT
Shall mean the duly authorized municipal department charged with fire suppression activities in Millburn Township.
MILLBURN FIRE DEPARTMENT FIRE PREVENTION BUREAU
Shall mean the duly appointed officers, inspectors, and firefighters appointed to the Fire Prevention Bureau of the Millburn Township Fire Department.
MILLBURN FIRE DEPARTMENT OFFICER
Shall mean any Millburn firefighter holding the rank of Captain, Battalion Chief, Deputy Chief, or Chief of the Department.
[Ord. No. 2208-02 § 1]
The Millburn Fire Department, the Millburn Department of Public Works, the Township Beautification League and the provider of water to any fire hydrant shall be exempt from this Section 13-3.
[Ord. No. 2208-02 § 1]
a. 
No person shall conceal, cover, paint, or disguise any fire hydrant.
b. 
No person shall cover any fire hydrant with snow.
c. 
The owners or occupants of property adjacent to a fire hydrant shall not allow brush, bushes, grass, flowers and trees to encroach or otherwise conceal a fire hydrant or hamper the ability of the Fire Department to access the fire hydrant. A clear zone of two (2') feet shall be maintained around all fire hydrants.
[Ord. No. 2208-02 § 1]
This Section 13-3 shall be enforced by the Millburn Police Department, the Millburn Fire Department — Fire Prevention Bureau, any Millburn Fire Department Officer, or the Millburn Township Forester.
[Ord. No. 2248-05 § 2]
The Fire Department of the Township of Millburn may establish fire zones or fire lanes upon all properties subject to the approval of the Township Committee by ordinance. The number, location, width, length and markings of such fire zones or fire lanes shall be determined by the Fire Department with the approval of the Township Committee.
[Ord. No. 2248-05 § 2]
The fire zones or fire lanes shall be established to insure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and buildings, persons, vehicles, fire hydrants, Fire Department connections and standpipes thereon in case of fire or other emergency.
[Ord. No. 2248-05 § 2]
A description showing each fire zone and fire lane shall be set forth in Section 7-45, Parking Prohibited in Fire Lanes. The fire zones or fire lanes shall be clearly marked on the pavement and/or on the adjoining building wall area. Appropriate signs stating "No Parking, Fire Zone" or "No Parking, Fire Lane" shall be installed as directed by the Fire Department.
[Ord. No. 2248-05 § 2]
a. 
Any person, firm or corporation failing to comply with the implementation or maintenance of a fire zone or fire lane as directed by the Fire Department shall be subject to a penalty in accordance with N.J.A.C. 5:70-2.12 of the State Fire Code not to exceed five hundred dollars ($500.00).
b. 
Any person, firm or corporation that has established a fire zone or fire lane which has not been approved by the Township Committee by ordinance shall be subject to the penalties set forth in subsection 13-4.4a.
[Ord. No. 2248-05 § 2]
As used in this Section 13-5:
PARKING
Shall mean the standing or waiting of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.
STANDING
Shall mean a cessation of movement of a vehicle; whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control or signal.
[Ord. No. 2248-05 § 2]
It shall be a violation of this Section 13-5 for anyone to park or stand a vehicle in, or cause an obstruction to, a fire zone or fire lane.
[Ord. No. 2248-05 § 2]
The owner or tenant of any real property upon which a fire zone or fire lane has been established shall, within eight (8) hours of the daylight hour after an accumulation of snow, remove such snow from all such fire zones or fire lanes and ensure that such fire zones or fire lanes shall remain clear of snow at all times thereafter.
[Ord. No. 2248-05 § 2]
a. 
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this Section 13-5 shall be liable for a penalty of not more than fifty dollars ($50.00) or imprisonment for a term not exceeding fifteen (15) days or both.
b. 
The total amount of the penalty due must be paid within thirty (30) days after issuance of the violation. If full payment is not made within such time, the matter will be referred to legal counsel for summary collection pursuant to the Penalty Enforcement Law (N.J.S.A. 2A-58-10).
[Ord. No. 2248-05 § 2]
Any violation of this Section 13-5 may be appealed within fifteen (15) days after receipt of the violation by filing an appeal in writing with the Essex County Construction Code Board of Appeals.
[Ord. No. 2248-05 § 2]
The Police Department shall have concurrent jurisdiction with the Fire Department to enforce the provisions of this Section 13-5.
[Ord. No. 2248-05 § 2]
The provisions of this Section 13-5 shall not apply to the following:
a. 
Township police and fire motor vehicles.
b. 
All other Township-owned motor vehicles parked while Township employees are in the course of their employment.
c. 
Motor vehicles belonging to public utilities which are parked in furtherance of the normal activities of the utility.
[Ord. No. 2282-06 § 1]
When a building within the Township of Millburn 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 Township of Millburn Fire Subcode Official/Fire Marshal. The key box shall be a UL type and size approved by the Fire Subcode Official/Fire Marshal.
[Ord. No. 2282-06 § 1]
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 life saving or firefighting purposes, the Fire Subcode Official/Fire Marshal may require a key box to be installed at a location approved by the Township of Millburn Fire Subcode Official/Fire Marshal. The key box shall be a UL type and size approved by the Fire Subcode Official/Fire Marshal.
[Ord. No. 2282-06 § 1]
The Fire Subcode Official/Fire Marshal may require a key box tamper switch connected to the building's fire/security alarm system.
[Ord. No. 2282-06 § 1]
When a property is protected by a locked fence or gate and where immediate access to the property is necessary for life saving or firefighting purposes, the Fire Subcode Official/Fire Marshal may require a security padlock to be installed at a location approved by the Township of Millburn Fire Subcode Official/Fire Marshal. The padlock shall be UL type and size approved by the Fire Subcode Official/Fire Marshal.
[Ord. No. 2282-06 § 1]
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 Official/Fire Marshal 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 Official/Fire Marshal.
[Ord. No. 2282-06 § 1]
The term "building" used herein means any building or structure located in the Township of Millburn, whether privately or publicly owned, including, without limitation, any building owned by the Township of Millburn, the Millburn Board of Education, or any other public, quasi-public, or private entity or person provided however that this section shall not apply to owner occupied one- and two-family dwellings.
[Ord. No. 2282-06 § 1]
The rapid key boxes shall contain the following:
a. 
Keys to locked points of egress, whether in interior or exterior of such buildings;
b. 
Keys to the locked mechanical rooms;
c. 
Keys to the locked elevator rooms;
d. 
Keys to the elevator controls;
e. 
Keys to any fence or secured areas;
f. 
Keys to any other area that may be required to by Fire Subcode Official/Fire Marshal;
g. 
A card containing the emergency contact people and phone numbers for such building.
In addition, a floor plan of the rooms within the building may be required.
[Ord. No. 2282-06 § 1]
All existing buildings shall comply with this section six (6) months from its effective date.[1] 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.
[1]
Editor's Note: Ordinance No. 2282-06, codified herein as Section 13-6, was adopted December 5, 2006.