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Township of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 30-85, 9-88, 6-89, 21-91 and 25-91.
[Ord. No. 2005-026 § 1]
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 Township of Chatham.
[Ord. No. 2005-026 § 1]
THE LOCAL ENFORCING AGENCY SHALL BE THE TOWNSHIP OF CHATHAM
Fire Prevention Bureau which is hereby created therein. The Fire Prevention Bureau shall hereinafter be known as the local enforcing agency.
[Ord. No. 2005-026 § 1]
a. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Township of Chatham other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by 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.
[Ord. No. 2005-026 § 1]
a. 
The Fire Prevention Bureau established by subsection 12-1.2 shall consist of the Fire Official/Marshal, who shall be the chief administrator of the Bureau, and such Fire Inspectors as may be deemed necessary by the Township Committee.
b. 
The Fire Prevention Bureau shall have at least one paid Fire Official and/or Inspector.
[Ord. No. 2005-026 § 1]
a. 
Appointment and Qualifications of the Fire Official/Marshal. The Fire Official/Marshal shall be certified by the State of New Jersey and appointed by the Township Committee.
b. 
Appointment and Qualifications of Inspectors and Other Employees. The governing body may, upon recommendation of the Fire Official/Marshal or otherwise, appoint inspectors and other employees of the enforcing agency. All Life Hazard Use Inspectors shall be certified by the State of New Jersey.
c. 
Appointment of Legal Counsel. The Township Attorney shall serve as legal counsel to assist the Fire Prevention Bureau in enforcing the Uniform Fire Code.
d. 
Term of Office. The Fire Official/Marshal shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
e. 
Reports by the Fire Official/Marshal. The Fire Official/Marshal shall report monthly in writing to the Township Mayor, Administrator and the Chiefs of the Green Village Fire Department and Chatham Township Fire Department as to all inspections made and all income received.
f. 
Removal from Office. The Fire Official/Marshal shall be subject to removal by the governing body for just cause. Before removal from office, such person shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same.
[Ord. No. 2005-026 § 1]
The Fire Prevention Bureau established by subsection 12-1.2 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 the New Jersey Department of Community Affairs.
[Ord. No. 2005-026 § 1; Ord. No. 2011-06 § 1]
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 annually and billed per the following schedule:
1. 
Assembly
A-1 Eating establishment under 50
$50
A-2 Take-out food service (no seating)
$50
A-3 Church or synagogue
exempt
2. 
Business/Professional
B-1 4,999 square feet or less
$50
B-2 5,000 square feet up to 9,999 square feet
$90
B-3 10,000 square feet or more
$150
3. 
Retail/Mercantile
M-1 4,999 square feet or less
$50
M-2 5,000 square feet to 9,999 square feet
$90
M-3 10,000 square feet or more
$175
4. 
Manufacturing/Factory
F-1 4,999 square feet per floor or less
$100
5,000 square feet or greater is listed as a life hazard use.
5. 
Storage
S-1 (moderate hazard) 4,999 square feet or less
$100
S-2 (low hazard) 4,999 square feet or less
$70
6. 
F Residential Multi-Family Dwellings of 3 or More Units — Common Areas
R-1 Per 10 dwelling units
$50
R-2 Per 10 dwelling units
$50
R-3 Per 10 dwelling units
$50
R-1 includes hotels/motels/shelters where occupants are transient in nature.
R-2 includes multi-family dwellings having more than two units, and includes dormitories, rooming houses, apartment and condominiums with common hallways.
R-3 includes single-family attached dwellings constructed in accordance with the Uniform Construction Code requirements for multiple single-family dwellings.
b. 
R-2 and R-3 condominium dwelling units shall be inspected and charged a fee only upon sale or change of tenant for smoke detector and carbon monoxide alarm compliance. (See Section 11-4.)
c. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
d. 
Uses registering with the State as life hazard uses are not required to be registered under this section.
e. 
In the discretion of the Fire Official/Marshal, vacant buildings will be charged and inspected according to the previous use of the building.
[Ord. No. 2005-026 § 1]
a. 
The application fees for the fire safety permits listed in N.J.A.C. 5:70-2.7(b) shall be as provided by State regulation and are currently as follows:
Type 1
$42
Type 2
$166
Type 3
$331
Type 4
$497
b. 
The cost for the issuance of a Certificate of Fire Code Status to a third party shall be $35.
[Ord. No. 2005-026 § 1]
a. 
The Department of Community Affairs shall collect all fees for the registration of life hazard uses in the Township as required by N.J.A.C. 5:71-2.6.
b. 
All revenues generated pursuant to this section, which are collected, shall be appropriated by the Township of Chatham to the Fire Prevention Bureau for the purpose of enforcing the Uniform Fire Code, operating expenses and for advancing fire prevention interests.
c. 
The Fire Official/Marshal shall be responsible for the collection of all annual fees for the registration of non-life hazard uses, for the issuance of fire safety permits, for the processing of applications and for the issuance of Certifications of Fire Code Status. Such fees shall be delivered to the Township Treasurer within 48 hours of collection.
[Ord. No. 2005-026 § 1]
(Reserved)
[Ord. No. 2005-026 § 1]
Any person aggrieved by any action of the Fire Prevention Bureau shall have the right to appeal to the Construction Board of Appeals of the County of Morris.
[Ord. No. 2005-026 § 1]
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.
[Ord. No. 2000-006 § 1]
Fire Lanes shall be established by the Township Fire Official to insure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons, vehicles, fire hydrants, Fire Department connections and standpipes thereon in case of fire or other emergency. Fire lanes shall have a minimum width of 18 feet.
[Ord. No. 2000-006 § 2]
Fire Lanes shall not conflict with prior approvals issued by the Township of Chatham Planning and/or Zoning Boards.
[Ord. No. 2000-006 § 3]
A description showing the Fire Lanes shall be filed with the Township Police Department and Township Municipal Clerk. Description will include the following:
a. 
Block & Lot Number.
b. 
Address of property.
c. 
Diagram indicating the location of Fire Lanes on said property.
d. 
Length, width and location on property of said Fire Lanes.
[Ord. No. 2000-006 § 4]
The Township Fire Official is further authorized to regulate, restrict and prohibit the parking and operation of motor vehicles to and near such Fire Lanes and to impose other regulations necessary to insure that such areas are free from obstruction.
[Ord. No. 2000-006 §§ 5, 6]
a. 
Fire Lanes shall be specifically designated and marked on the pavement and/or on the adjoining building wall area, including installation of appropriate signs stating "No Parking, Fire Lane" as described by the Township Fire Official, all of which shall be the responsibility of, and at the expense of, the property owner.
b. 
All designated Fire Lane signs or markings shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility.
[Ord. No. 2000-006 § 7]
It shall be a violation of this section for anyone to park, or stop or stand as defined by N.J.S.A. 39:1-1, a vehicle in or cause an obstruction to a Fire Lane.
[Ord. No. 2000-006 § 8]
Each and every violation of this section shall be subject to a fine of not less than $30, nor more than $200, community service, or imprisonment for a term not to exceed 15 days, or any combination thereof.
[Ord. No. 2000-006 § 9]
The Township Police Department shall have concurrent jurisdiction with the Township Fire Prevention Bureau to enforce the provision of subsection 12-2.6 of this section.
[Ord. No. 2009-20]
LOCK BOX
Shall mean an Underwriter's Laboratory type secured box or vault of a size and style approved by the Township Fire Marshal or his designee, which contains key(s) for the exclusive use of the Chatham Township and Green Village Fire Departments to access the premises in an emergency.
[Ord. No. 2009-20]
The following structures equipped with or required to be equipped with fire detection or fire suppression systems or equipment shall have a Key Lock Box installed at or near the main entrance of each structure or such other location as required by the Township Fire Marshal or his designee:
a. 
Commercial or business structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency.
b. 
Governmental structures, churches, schools and nursing care facilities.
c. 
Multi-family residential structures that have restricted access through locked doors and have a common corridor for access to living units.
[Ord. No. 2009-20]
a. 
The Township Fire Marshal or his designee shall approve in writing the type of Lock Box.
b. 
The Township Fire Marshal or his designee shall approve the installation location of the Lock Box.
c. 
The Lock Box shall be installed as per manufacturer specifications and approved by the Fire Marshal or his designee.
d. 
The owner of each structure required to have a Lock Box shall, at all times, be required to keep the following in the Lock Box, as required by the Township Fire Marshal or his designee.
1. 
Keys to locked points of ingress, whether on 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. 
All access or combination codes to locked points of egress or ingress, whether on interior or exterior of such buildings.
7. 
A "business size" card containing the emergency contact person and phone number for such building or unit.
[Ord. No. 2009-20]
In the event, the key to the structure is changed or re-keyed, the owner/operator of the building shall immediately notify the Township Fire Marshal or his designee and provide the updated access key. The key to the lock shall be secured in the key box. The property owner shall assume all associated costs for the purchase and installation of a key box(s).
[Ord. No. 2009-20]
a. 
The owner(s) of a structure subject to this section in existence on the effective date of this section shall have 120 days from its effective date to comply with this section.[1]
[1]
Editor's Note: Ordinance No. 2009-20, codified herein as Section 12-3, was adopted December 17, 2009.
b. 
The owner(s) of each newly constructed structure subject to this section shall have a Lock Box installed and operational in accordance with this section prior to issuance of a certificate of occupancy.
[Ord. No. 2009-20]
Any building owner or operator violating any provision of this Lock Box Ordinance shall be subject to a fine of $100 for every violation of this section. The existence of a violation for a period of up to 30 continuous days shall constitute a single violation. The Township Fire Marshal shall notify the responsible party of any violation in writing. Within 30 days of the service of such notice, the owner/operator shall correct the violation or show why the structure was not subject to this section. The Township Fire Marshal shall consider such information, reaffirm or rescind the Lock Box fine and notify the owner of his/her decision by mail. The owner/operator may appeal the decision of the Township Fire Marshal within 20 days after service of the notice of decision by submitting an appeal in writing to the Township Committee which shall hold a hearing thereon and shall affirm, reverse or modify the decision of the Township Fire Marshal.
[Ord. No. 19-91, Preamble; Ord. No. 2003-006 § 1; Ord. No. 2011-06 § 2]
N.J.S.A. 52:27D-198.1, which became effective June 8, 1991, requires that every structure used or intended for use for residential purposes by not more than two households shall have a smoke sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of the Statute. N.J.A.C. 5:70-2.3 has been adopted by the New Jersey Department of Community Affairs to require that any such dwellings also install a carbon monoxide detector. The Statute and the regulations provide that no owner of a structure subject to the foregoing requirements and located within the Township shall sell, lease or otherwise permit a new occupancy of such structure for residential purposes without first obtaining from the Township Fire Official a certificate evidencing compliance with these requirements. The Statute and regulations provide that the Township may establish a fee, which covers the cost of inspection and of the issuance of the required certificate.
[Ord. No. 19-91 § 1; Ord. No. 2003-006 § 1; Ord. No. 2011-06 § 2]
No owner of a structure within the Township used or intended for use for residential purposes by not more than two households shall sell, lease or otherwise permit a new occupancy for residential purposes without first obtaining from the Township Fire Official a certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC) evidencing compliance with N.J.A.C. 5:70-4.19. A fee of $50 shall be paid to the Township of Chatham prior to the issuance of the CSDCMAC by the Township Fire Official. The inspection fee includes the initial inspection and one reinspection. If a second reinspection is required, an additional fee of $40 shall be paid prior to the issuance of the CSDCMAC by the Township Fire Official.
[Ord. No. 19-91 § 2; Ord. No. 2003-006 § 1; Ord. No. 2011-06 § 2]
Any owner who sells, leases or otherwise permits premises described in subsection 12-4.2 to be occupied without compliance with the requirements set forth in this section without the issuance of the CSDCMAC required by subsection 12-4.2 shall be subject, upon conviction, to the penalty stated in Chapter 1, Section 1-5, which fine may be collected and enforced by summary proceedings in the Municipal Court pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.