[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]
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]
[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:
[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]
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]
[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.
