[Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 27-85 and 99-04.]
[Ord. No. 01-08 § 11-1.1]
The New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1 et seq. and all amendments and supplements thereto, shall be enforced in the Borough of Farmingdale. Copies of these standards, rules and regulations are on file in the office of the Borough Clerk.
[Ord. No. 01-08 § 11-1.2]
This chapter shall hereafter be cited and designated as the "Fire Prevention Code of the Borough of Farmingdale."
[Ord. No. 01-08 § 11-1.3; amended 10-1-2019 by Ord. No. 12-2019]
This chapter shall be enforced by the Howell Fire Bureau, who is hereby designated as the local enforcing agency pursuant to the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1, et seq. under a shared services agreement entered into between the Borough of Farmingdale and the Township of Howell in Monmouth County, New Jersey, and authorized by Farmingdale Borough Council resolution and pursuant to this chapter. This designation shall take effect upon the adoption of this ordinance and supporting shared services agreement but no sooner than January 1, 2020.
Editor's Note: "This ordinance" refers to Ord. No. 12-2019.
[Ord. No. 01-08 § 11-1.4; amended 10-1-2019 by Ord. No. 12-2019]
The designated Local Enforcement Agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the Borough of Farmingdale, other than owner-occupied one- and two-family dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by the federal government, interstate agencies or the State of New Jersey, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code of New Jersey.
[Ord. No. 01-08 § 11-1.5; amended 10-1-2019 by Ord. No. 12-2019]
Minimum qualifications shall be as required in the Uniform Fire Safety Act and the Uniform Fire Code of New Jersey and any additional qualifications as established by Howell Township in accordance with the shared services agreement.
[Ord. No. 01-08 § 11-1.6]
The Fire Official shall have the power to modify any provisions of this chapter upon application in writing when there are practical difficulties in the way of carrying out the strict letter of this chapter provided that the spirit of this chapter shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Fire Official, shall be entered upon the records of the office of the Mayor and Council and a signed copy shall be furnished to the applicant. Such modification shall be considered by the Mayor and Council at the next regular scheduled meeting.
[Ord. No. 01-08 § 11-2]
Permits may be required for specific occupancies or operations as described and required by the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1 et seq.
[Ord. No. 01-08 § 11-3.1]
The Bureau of Fire Safety in the Department of Community Affairs of the State of New Jersey is hereby designated as the agency for the collection of the annual registration fees associated with life hazard uses as set forth in the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1 et seq.
[Ord. No. 01-08 § 11-3.2]
For the issuance of permits as described in N.J.A.C. 5:70-1 et seq., the permit fees adopted by the New Jersey Uniform Fire Safety Code are hereby adopted by reference.
[Ord. No. 01-08 § 11-3.3; Ord. No. 2009-02; amended 10-1-2019 by Ord. No. 12-2019]
In addition to the inspections and fees required for the life hazard uses pursuant to the New Jersey Uniform Fire Safety Act and the regulations of the Department of Community Affairs of the State of New Jersey, the following inspections are required for non-life hazard uses and shall be carried out by the Howell Township Fire Bureau. Fees for non-life hazard uses shall be established by the fee schedule as described in § 2-58.3. Fees for non-life hazard use inspections shall be due before the inspection is performed, on an annual basis. Fees and inspections shall also be due upon change in title, use, or tenancy. Fees are based on each individual business within a building and each building, structure or tenant space.
[Added 12-20-2011 by Ord. No. 2011-09]
As used in this chapter, the following terms shall have the meanings indicated:
- The costs incurred for both non-fire-related assignments and suppression costs shall include, but not be limited to, costs of labor, equipment and materials used in the fulfillment of the assignment, as well as any other actual expenses incurred. Rate for service shall be as follows. These rates are based on per hour or fraction thereof.
- FIRE SUPPRESSION COSTS
- Those costs as defined at N.J.A.C. 5:70-2.13, Fire Department Costs, of the New Jersey State Fire Code. It is the cost incurred by the Farmingdale Hook and Ladder Co. No. 1, Inc., in the suppression of any fire in a building under violation where the fire's cause is, directly or indirectly, a result of the violation. To create an obligation, the violation need not have been the initial cause of the fire.
- a. Dewatering assignments (pump out basements, etc.).
- b. Watering assignments (pool fills, cooling of equipment, wetting down fields, roadways and water supply emergencies).
- c. Lockouts, animal problems (cat in tree, dog in pipe).
- d. Speed-dry assignments (nonflammable liquids).
- e. Lighting assignments (nonemergency).
- f. Providing building fire watch services.
- g. Similar type assignments.
NON-FIRE-RELATED ASSIGNMENTS – Those assignments which do not involve any fire activity and/or immediate potential for a fire. Such activities include, but are not limited to:
[Ord. No. 01-08 § 11-4]
Whenever the Fire Official shall disapprove an application or refuse to grant a permit, or when it is claimed that the provisions of this chapter have been misconstrued or wrongly interpreted or whenever the applicant shall claim that failure to grant the permit would result in hardship to the applicant, the applicant may appeal from the decision of the Fire Official to the Board of Appeals, as set forth under the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1, et seq.
[Ord. No. 01-08 § 11-5]
Any person or persons, firm, partnership or corporation violating any of the provisions of this chapter, other than for violation of fire zone regulations, or open burning regulations as hereinafter set forth, shall be liable to the penalties and other relief set forth in N.J.A.C. 5:70-2.12 of the New Jersey Uniform Fire Safety Code.
[Ord. No. 01-08 § 11-6.1; amended 10-1-2019 by Ord. No. 12-2019]
The Howell Township Fire Bureau in cooperation with the Fire Chief shall designate fire zones and fire lanes pursuant to this chapter under the provisions of the New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1 et seq.
[Ord. No. 01-08 § 11-6.2]
As used in this section of Chapter 11 of the "Revised General Ordinances of the Borough of Farmingdale," the following words or phrases shall have the following meanings:
FIRE LANE – Shall mean a paved area designated in accordance with the provisions of this section which does typically bear vehicular traffic as part of the traffic circulation system on the premise where a building to which the public is invited has been located, but which is intended to provide an immediate and unobstructed route for firefighting equipment and personnel on site.
FIRE ZONE – Shall mean a paved area adjacent to a building to which the public is invited which does not typically accommodate the flow of vehicular traffic and which has been designated as a fire zone in accordance with the provisions of this section intended to provide unobstructed and immediate access to any such building by firefighting equipment and personnel.
[Ord. No. 01-08 § 11-6.3]
The fire zones/fire lanes shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons, vehicles, fire hydrants, standpipes, and sprinkler connections thereon in case of fire or other emergency.
[Ord. No. 01-08 § 11-6.4]
Fire lanes shall be striped and lettered in yellow reflective paint, minimum of four inches wide, on a paved surface which shall remain legible. The established fire lane shall be a minimum of 18 feet wide where only a single lane is available. Fire lanes shall have lettering which reads "Fire Lane No Parking" spaced every 100 feet and placed in alternating direction on the pavement. Letters shall be painted on a paved surface in yellow reflective paint and must remain legible. Letters shall be a minimum of 18 inches tall.
[Ord. No. 01-08 § 11-6.5]
Metal "No Parking Fire Lane/Fire Zone" signs shall be provided and maintained by the owner, owners, or operators of premise where required by the Fire Official at an established fire lane/fire zone. Signs shall be designed to be readily visible and shall have white background with red letters.
[Ord. No. 01-08 § 11-6.6]
The number, location, length, and width of fire zones/fire lanes shall be determined by the Fire Official. Such determination and approval shall be based upon the size, type, and location of the buildings, the use to which the property is put, the number of motor vehicles operated and parked upon the property, the number of persons using and occupying the premises, the existing ingress and egress, the total area of the property and all other factors relevant to insuring speedy and safe ingress and egress of firefighting equipment and other emergency vehicles.
[Ord. No. 01-08 § 11-6.7; amended 10-1-2019 by Ord. No. 12-2019]
The Howell Township Fire Bureau and the Police Department of the Borough of Farmingdale shall have concurrent jurisdiction to enforce the provisions of this section. The Howell Township Fire Bureau is hereby authorized and empowered to exercise such powers as may be necessary or convenient to effectuate the purpose of the provisions of this section.
[Ord. No. 01-08 § 11-6.8]
Any person, firm or corporation who shall violate any provisions of this subsection dealing with fire zones and fire lanes shall, upon conviction by a court of competent jurisdiction, be subject to the penalty stated in Chapter 1, § 1-5. Each violation of any provision of this subsection, and each day the same is violated shall be deemed and taken to be a separate offense at the discretion of the court.
[Ord. No. 01-08 § 11-7]
The Fire Official and/or his designee shall review all site plans for new buildings or developments and have the opportunity to testify at a Planning Board meeting for the purpose of suggesting changes to the site plan which would increase the fire safety of the building or improve Fire Department access.
[Ord. No. 01-08 § 11-8]
The purpose of this section is to protect the public health, safety and welfare of the citizens of Farmingdale by prohibiting open burning except as permitted herein or by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-2 et seq.
[Ord. No. 01-08 § 11-8.2]
As used in this section of Chapter 11 of the "Revised General Ordinances of the Borough of Farmingdale," the following words or phrases shall have the following meanings:
CHIMNEY – Shall mean a structure containing a flue through which smoke or fumes from a fire escape and extending above a roof or structure.
GARBAGE – Shall mean waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets, or any other source and shall include food of any kind which is thrown away or discarded.
OPEN BURNING – Shall mean any fire whose products of combustion are emitted directly into the open air and are not directed thereto through the stack or chimney of an incinerator.
PERSON – Shall mean any individual, corporation, company, association, society, firm, partnership, and joint stock company and shall also include all political subdivisions of the State of New Jersey as well as agencies and instrumentalities thereof, including municipalities and counties.
PLANT LIFE – Shall mean vegetation including, but not limited to, trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds, and crops.
RUBBISH – Shall mean solid waste not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, and other similar items.
TRADE WASTE – Shall mean all solid or liquid waste material or rubbish resulting from construction, building operations, the operation of any business, trade, industry or manufacturing process, including, but not limited to, plastic products, cartons, paint, grease, oil, and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste materials.
[Ord. No. 01-08 § 11-8.3]
No person shall cause, suffer, allow or otherwise authorize the disposal by open burning, within the Borough of Farmingdale, of:
[Ord. No. 01-08 § 11-8.4]
Open burning as detailed in this section shall be prohibited within the Borough of Farmingdale except:
For the open burning of any rubbish, trade waste, fallen leaves, plant life or any structure or building for the training or research exercises in fire protection or fire prevention when conducted at a facility or training center designed for such purposes; or
For the open burning of such items as allowed pursuant to a valid permit issued therefor by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-2 et seq.
[Ord. No. 01-08 § 11-8.5; amended 10-1-2019 by Ord. No. 12-2019]
The Howell Township Fire Bureau, Code Enforcement Officer, and the Police Department shall have concurrent jurisdiction to enforce the provisions and regulations of this section.
[Ord. No. 01-08 § 11-8.6]
Any person violating, refusing or neglecting to comply with the provisions of this section shall be, upon conviction thereof by a court of competent jurisdiction, subject to the penalty stated in Chapter 1, § 1-5. Each occurrence of open burning contrary to the provisions of this section shall constitute a separate and distinct offense subject to all of the penalties provided for in this section.
[Ord. No. 01-08 § 11-9.1 through § 11-9.6; amended 10-1-2019 by Ord. No. 12-2019]
As used in this section of Chapter 11 of the Revised General Ordinances of the Borough of Farmingdale, the following words or phrases shall have the following meanings:
- ADMINISTRATIVE FEE
- The fee payable to the Borough of Farmingdale for excessive false alarm activations or other violations as set forth in § 11-9.2.
- ALARM SYSTEM
- Equipment or a device or an assembly of equipment and devices to signal the presence of an emergency or hazard requiring urgent attention and to which police or fire department or any other services may be expected to respond.
- FALSE ALARM
- Any alarm or signal of an alarm system actuated by inadvertence, negligence, intentional or unintentional act of a person other than an intruder, and shall include as well alarm caused by malfunctioning of the alarm device or other relevant equipment, but shall not include alarms caused by malfunction of the alarm console or police device.
- FARMINGDALE ALARM ADMINISTRATOR
- the Chief of the Farmingdale Fire Bureau or his designee, or any other person authorized by the Mayor and Council with administrative duties regarding the regulation and control of alarm systems in the Borough of Farmingdale.
- LOCAL ALARM
- Any alarm or device which, when actuated, produces a signal not connected to another source, such as store fire alarm actuating bell devices.
- A person who buys, leases, or otherwise obtains an alarm signaling system and therefore either contracts with or hires an alarm business to monitor and/or service the alarm device, or performs such service himself.
In the event of a false alarm from an alarm system, any person having knowledge thereof shall immediately notify the Farmingdale Alarm Administrator. The Alarm Administrator shall cause to an investigation to be made and keep a record of all false alarms.
For the first six false activations in the same twelve-month period, a warning shall be issued.
For false activations seven through 10 in the same twelve-month period, an administrative fee of $50 shall be imposed on the subscriber for each activation.
For false activations 11 through 15 in the same twelve-month period, an administrative fee of $100 shall be imposed on the subscriber for each activation.
For false activations 16 and any subsequent false alarm activation in the same twelve-month period, an administrative fee of $200 shall be imposed on the subscriber for each activation.
No violation or penalty shall be assessed to any owner or person that maintains an alarm system as provided for and defined herein during the first 30 days of installation and actuation.
It shall be unlawful for an alarm device, dial alarm, local alarm, or other audible alarm device to ring or put forth any other sound for a period of in excess of 15 minutes. Any such occurrence shall result in a fee of $50 for each violation.
[Added 10-1-2019 by Ord. No. 12-2019]
The purpose of this section is to provide a rapid entry system for the fire department allowing swift entry into structures by the responding fire department, preventing damage which results from forceful entry sand providing a safe/secure status of the structure when the emergency response is completed.
A key box shall be installed in an accessible location, as determined by the Howell Township Fire Bureau, to provide for immediate building access by the responding fire department, to verify the existence of a fire or other emergency condition in any and all buildings equipped with or required to be equipped with fire detection, fire alarms, fire suppression equipment or systems, or any other related fire detection/suppression system or equipment.
The Howell Township Fire Bureau, with approval from the fire department chief, may require a key box in other types of building facilities where certain occupancies, hazards and/or storage conditions are deemed to require rapid entry by the responding fire department.
The key box shall be of UL type and be approved by the Howell Township Fire Bureau. It shall be installed in a manner approved by the Howell Township Fire Bureau and shall contain keys to gain necessary access to the subject structure and equipment, as well as floor plans, special instructions and other type forms necessary for the safe access by the fire department as required by the Fire Chief.
The installation of the key box shall be in compliance with 5:70-2.2 of the New Jersey Uniform Fire Safety Code.
All buildings shall comply with this section within one year of adoption of this section. All newly constructed buildings not yet occupied or buildings under construction on the effective date of this section shall comply as a condition of issuance of certificate of occupancy.
The Howell Township Fire Bureau shall have jurisdiction to enforce the provisions of this section.
Failure to comply with this section after given notice by the Fire Official shall require penalties as set forth in N.J.A.C. 5:70-2.12 of the New Jersey Uniform Fire Safety Code.
Owner-occupied one- and two-family dwellings are exempt from the requirements of this § 11-10 of this chapter.