Editor's Note: Former Chapter XVI, Fire Prevention Code,
previously codified herein and containing portions of Ordinance 12/30/80
was superseded by the Uniform Fire Safety Act, formerly codified as
Chapter XVIA and containing portions of Ordinances 8/6/85, 10/21/86,
5/5/87 and 2-16/88.
[Ord. 12/17/02, Preamble]
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. The New
Jersey Department of Community Affairs has promulgated minimum fire
safety Standards which have been made part of the Uniform Fire Code
(N.J.A.C. 5:70.1 et seq.). The Uniform Fire Safety Act authorizes
municipalities to provide for local enforcement of these standards
and to establish local enforcement agencies for that purpose and it
is in the best interest of the Township of Lafayette to have the Uniform
Fire Code enforced locally. The local fire service has agreed to the
plan, which is set forth herein, for the administration and enforcement
of the Uniform Fire Code.
[Ord. 12/17/02, § 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 Lafayette.
[Ord. 12/17/02, § 2]
The local enforcing agency shall be the Township of Lafayette
through its Bureau of Fire Prevention, which is hereby created therein.
The Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
[Ord. 12/17/02, § 3]
a.Â
The local enforcing agency shall enforce the Uniform Fire Code in
all buildings, structures, and premises within the established boundaries
of the Township of Lafayette other than one and two unit owner-occupied
dwellings used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by the Federal Government, interstate
agencies or the State.
b.Â
The local enforcing agency shall faithfully comply with all the pertinent
requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
c.Â
The Fire Official and/or the Fire Inspector, after compliance with
N.J.A.C. 5:70-2.10, may assess, levy and collect penalties to ensure
compliance in the amounts set for in N.J.A.C. 5:70-2:12 up to the
maximum amounts set forth therein as the same may be amended from
time to time and to issue a summons and complaint in the Superior
Court of New Jersey and/or the municipal court for violations of state,
county or municipal statutes, ordinances, rules and regulations pertaining
hereto.
[Added 3-1-2022 by Ord.
No. 2022-03]
[Ord. 12/17/02, § 4]
[Ord. 12/17/02, § 5]
a.Â
Appointment and Qualification of the Fire Official. The Fire Official
shall be certified by the State and appointed by the Governing Body.
b.Â
Appointment and Qualifications of Inspectors and Other Employees.
Inspectors and other employees of the enforcing agency shall be appointed
by the Governing Body upon recommendation of the Fire Official. All
life hazard use inspectors shall be certified by the State.
c.Â
Appointment of Legal Counsel. The Governing Body shall specifically
appoint legal counsel to assist the agency in enforcing the Uniform
Fire Code.
d.Â
Term of Office. The Fire Official shall serve for a term of a minimum
of one year. Any vacancy shall be filled for the unexpired term.
e.Â
Removal from Office. The Fire Official, inspectors and other employees
of the agency shall be subject to removal by the Governing Body for
just cause. Before removal from office, all persons shall be afforded
an opportunity to be heard by the Governing Body or a hearing officer
designated by the same.
[Ord. 12/17/02, § 6]
The Bureau of Fire Prevention 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 the New Jersey Department of Community Affairs.
[Ord. 12/17/02, § 7; Ord. No. 2003-09; Ord.
No. 2011-02]
a.Â
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 once per year and
pay an annual fee. The following is the fee schedule for non-life-hazard
uses:
1.Â
Premises
under 3,000 square feet: $65.
2.Â
Premises
from 3,000 square feet and under 6,000 square feet: $100.
3.Â
Premises
from 6,000 square feet and under 12,000 square feet: $150.
4.Â
Premises
from 12,000 square feet and above: $200.
5.Â
Multilevel
premises under 3 stories: $125.
6.Â
Multilevel
premises 3 to 6 stories: $175.
7.Â
Hotels
and motels without interior stairways and with less than 50 rooms:
$75.
8.Â
Hotels
and motels without interior stairways and more than 50 rooms: $150.
9.Â
Multifamily
dwellings (Use Group R-2 as defined in the Uniform Construction Code):
$100.
10.Â
Life-hazard
registration fees as per the Uniform Fire Code N.J.A.C. 5:70-2.9(a).
11.Â
Residential
smoke detector/carbon monoxide/fire extinguisher inspections:
(a)Â
Request for CSDCMAC received more than 10 business days prior to
change of occupant: $50.
(b)Â
Request for CSDCMAC received less than 10 business days to the change
of occupant: $100.
[Amended 3-1-2022 by Ord. No. 2022-03]
(c)Â
Reinspection fee for CSDCMAC: $75.
[Amended 3-1-2022 by Ord. No. 2022-03]
b.Â
Permits. Permit fees will follow the permit fee schedule under N.J.A.C.
5:70-2.9(c) of the Uniform Fire Code.
[Amended 3-1-2022 by Ord.
No. 2022-03]
[Added 3-1-2022 by Ord.
No. 2022-03]
a.Â
Whenever it is deemed necessary for public safety, the Bureau and/or their designated agents may require the owners or operators of any uses in Subsections 16-1.7 and 16-1.8, all life-hazard and non-life-hazard uses or other similar uses to designate fire zones at entrances, loading doors or accessways to said premises and fire lanes in driveways leading from the street to the fire zones, as well as drafting locations. The size of the fire zone, fire lanes and/or drafting locations shall be set at the discretion of the Bureau and/or its designated agents based upon the size of property and such other facts as the Bureau deems necessary. A diagram demonstrating the proper manner of painting and lettering fire zones and fire lanes shall be made available by the Bureau and/or its designated agents. All line striping and lettering shall be legible at all times. A metal fire zone or fire lane sign shall be provided, erected and maintained by the owner or operator of the property and shall be placed and directed by the Bureau and/or its designated agents. A diagram of a fire zone or fire lane sign shall be made available by the Bureau and/or its designated agents.
b.Â
No person shall, at any time, park a motor vehicle, locate a garbage
dumpster or in any other manner obstruct a fire zone or fire lane,
drafting locations or fire area or park within 10 feet of a fire hydrant
or drafting location, whether or not that motor vehicle is occupied
or the motor running. If at any time, due to weather conditions, vandalism
or any extenuating circumstances, one of the fire zone or fire lane
signs or fire zone or fire lane surface markings are not visible,
the remaining markings or signs visible shall be deemed sufficient
to provide notice of the existence of such fire zone or fire lane.
If the Bureau determines that existing fire zone, fire lane and/or
drafting locations signs have not been properly marked or delineated
and/or proper documentation of said markings is not on file, new markings
as outlined in this subsection may be required. All drafting locations
as required hereunder shall be constructed, designated and maintained
as per the diagram available from the Bureau of Fire Prevention.
c.Â
The Bureau of Fire Prevention and/or its designated agents are authorized
to tow motor vehicles and remove all obstructions from any fire zone,
fire lane, fire area, or drafting locations. The Bureau and/or its
designated agents are also authorized to tow motor vehicles and remove
obstructions parked or standing within 10 feet of a fire hydrant.
All motor vehicles and other obstructions which are removed pursuant
to this section may be stored in a storage area approved by the Bureau
and/or its designated agents. The cost of removal and storage shall
be charged to the owner of the vehicle or other obstruction, and the
charge shall be paid prior to release of said vehicle or obstruction.
The Bureau and/or its designated agents shall give notice to the owner
of the motor vehicle or obstruction, if the owner can be identified,
within 24 hours after removal of the vehicle or obstruction.
d.Â
The Fire Official/Fire Prevention Inspectors, in addition to other
officers authorized by law to issue parking/traffic summonses, shall
have concurrent jurisdiction to enforce the provisions of this section
of the chapter. For any summons issued by the Bureau of Fire Prevention,
said fines shall be dedicated to the Bureau of Fire Prevention via
interlocal service agreement for the enforcement of the Code, and
court costs associated are dedicated to the Lafayette Township Municipal
Court. Said fees are to be reimbursed to the Bureau on a quarterly
basis.
e.Â
In the event that said designated fire lane, fire zone or fire area
has been previously approved and marked accordingly and properly documented
as existing, said area shall be deemed as having met the intent of
the Code and shall be subject to the penalties section of this chapter,
if otherwise not maintained or obstructed.
f.Â
Any person who violates this provision of this chapter shall, upon
conviction in Municipal Court, be punished by a fine of not less than
$200. Each violation shall constitute a separate offense.