The authority to adopt a fire prevention code by reference
is contained in R.S. 40:49-5.1, et seq.
[Ord. #21-81, § 1]
The BOCA Basic Fire Prevention Code/1984 Edition, and all subsequent
revisions thereto, are hereby adopted as a Fire Prevention Code for
the protection of public health, safety and welfare of the City. A
copy of this code is made a part hereof without the inclusion of the
text.
[Ord. #21-81, § 2]
Section F-104.0 Board of Appeals is specifically excluded from
adoption, and shall not become part of the Ocean City BOCA Fire Prevention
Code/1984.
[Ord. #21-81, § 3]
Section F-105.5.1 Penalties for Violations shall read as follows:
Any person, firm or corporation violating any of the provisions
of the code or failing to comply with any order issued pursuant to
any section thereof, shall be subject to a fine of not more than five
hundred dollars ($500.00), and/or imprisonment not to exceed ninety
(90) days. Each day that a violation continues, after a service of
notice as provided for in this Code, shall be deemed a separate offense.
[New]
Three (3) copies of the "BOCA Fire Prevention Code/1984", similarly
marked, have been placed on file in the office of the Clerk and will
remain on file in that office for the use and examination of the public.
[Ord. #966, § 4; Ord. #667, § 1]
The Fire Prevention Code shall be enforced by the Bureau of
Fire Prevention in the Fire Department of Ocean City which is established
and which shall be operated under the supervision of the Chief of
the Fire Department.
The Chief of the Bureau of Fire Prevention shall be appointed
by the Director of the Department.
The Chief of the Fire Department may detail such members of
the Department to be inspectors as shall from time to time be necessary.
A report from the Bureau of Fire Prevention shall be made annually
and transmitted to the Mayor; it shall contain all proceedings under
this Code, with such statistics as the Chief of the Fire Department
may wish to include; the Chief of the Fire Department shall also recommend
any amendments to the Code which in his judgment shall be desirable.
Any charges referred under the provisions of this Chapter shall
be in writing and a copy shall be served upon the alleged violator
and a notice of the time and hearing shall be given to him not less
than five (5) days prior to the date of the hearing. Pending the hearing
the Director shall have the power to temporarily suspend the license
in cases where the public can determine such suspension.
Any representative of the Fire Prevention Bureau, in the discharge
of his official duties and upon proper identification, shall have
authority to enter any structure, lands or premises at any reasonable
hour; provided that upon refusal by the owner or applicant such entry
shall not be made except in a manner agreeable to law.
[Ord. #966, § 5]
The Chief of the Fire Department shall have power to modify
any of the provisions of the BOCA Fire Prevention Code 1984 upon application
in writing by the owner or lessee, or his duly authorized agent when
there are practical difficulties in the way of carrying out the strict
letter of the Code, provided that the spirit of the Code shall be
observed, public safety secured and substantial justice done. The
particulars of each modification when granted or allowed shall be
entered upon the records of the Department and a signed copy shall
be furnished the applicant.
[Ord. #667, § 3]
The owner or occupant of any premises or buildings shall immediately
comply with any order directing the removal of obstructions to the
operation of the Fire Department or the egress of the occupants in
an emergency and subject to appeal within twenty-four (24) hours to
the Director of the Department. The Director, in cases other than
emergency cases, shall within ten (10) days review the order and file
his decision, and unless the order is revoked or modified it shall
remain in full force and be obeyed by the owner or occupant. Any owner
or occupant failing to comply with this order within ten (10) days
after the appeal shall have been determined, or if no appeal is taken
then within ten (10) days after the service of the order, may be liable
to a penalty as provided in this Revision.
[Ord. #667, § 4]
Permits required by the provisions hereof shall be obtained
in writing from the Chief of the Fire Department or a member of the
Department so designated by him. Permits shall be for such period
as the Chief may specify but not exceeding one year. They shall be
kept on the premises designated therein and shall be subject to inspection
by any officer of the Fire or Police Department.
[Ord. #667, § 5]
In addition to the requirements described in subsection 13-5.3 and in the Fire Prevention Code, a permit shall be obtained from the Fire Chief or member of the Department so designated by him, for the following purposes:
a.
Storage of calcium carbide in excess of one hundred (100) pounds.
b.
Storage of hay, straw, excelsior and other combustible fibers in
excess of one ton.
c.
Storage of corrosive acids in excess of ten (10) gallons of each
kind.
d.
Storage of chlorates or other oxidizing chemicals in excess of ten
(10) pounds.
e.
Storage or handling of pyroxylin plastic in excess of twenty (20)
pounds unless wrapped or packed for sale.
f.
Use of compressed gas from cylinders in excess of four hundred (400)
cubic feet aggregate capacity.
g.
The application of paint, varnish, or lacquer by spray method or
with dip tanks and ovens.
h.
Use of refrigeration systems containing ten (10) pounds or more of
refrigerant material.
[Ord. #667, §§ 6—9; Ord. #966, §§ 6,
7; New]
a.
Before permits are issued the Chief of the Fire Department shall
be permitted to make such inspections or tests as are necessary to
assure that all the provisions of law, this Revision and subsequent
ordinances are complied with.
b.
The Chief is authorized to revoke any permit whenever in his judgment
any violation of this Chapter warrants such revocation, but only after
a fair and impartial hearing shall have been accorded the holder of
the permit; except that in emergencies any permit may be forthwith
temporarily revoked.
c.
Appeal from any decision of the Chief in refusing to grant or in
revoking any permit, may be made to the Director of the Department
as prescribed.
d.
The Chief shall have power to modify the provisions of this Chapter
upon application in writing by the owner or lessee or his duly authorized
agent, when the public safety and general welfare require it in his
judgment.
e.
Whenever the Chief shall disapprove an application or refuse to grant
a permit applied for, or when it is claimed that the provisions of
this Code do not apply or that the true intent and meaning of the
Code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Chief to the City Council within
thirty (30) days from the date of the decision appealed.
f.
The Director of the Department, the Chief of the Fire Department
and the Chief of the Bureau of Fire Prevention shall act as a committee
to determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies, which shall
require permits in addition to those now enumerated in the Code. The
Chief of the Bureau of Fire Prevention shall post this list in a conspicuous
place in his office and distribute copies to interested persons.
[Ord. #667, § 10]
As used in this section, the following words shall have the
designated meanings:
As applied to devices or materials, shall mean acceptable
to the Chief of the Fire Department by reason of having been tested
and examined by him or by some recognized testing laboratory and found
to be properly safeguarded against fire hazard.
Shall mean a building, shed or enclosure, or a part thereof,
in which a motor vehicle containing volatile flammable oil in its
fuel storage tank is stored, housed or kept and shall include repair
shops.
Shall mean a garage for not more than three (3) motor vehicles
in which no business or industry connected directly or indirectly
with motor vehicles is carried on.
Shall mean a garage not included within the term private
garage.
[Ord. #667, § 11]
Before constructing or altering any garage, complete plans of
such proposed work shall be filed with and approved by the Chief of
the Fire Department. No public garage shall be used as such without
a permit from the Chief. This provision is in addition to any other
regarding the construction and use of buildings for garage purposes
and in addition to all existing permit requirements.
[Ord. #667, § 12]
a.
A private garage located in or attached to a building also occupied
for some other purpose shall be separated from other occupancy by
walls, floors and ceilings having a fire resistance rating of not
less than one hour. Walls and partitions which effect such separation
and all floors and ceilings shall be continuous and unpierced by openings,
provided that in dwellings a door opening equipped with an approved
self-closing fire door and having its sill raised not less than one
(1') foot above the garage floor shall not be prohibited.
b.
Artificial light shall be by incandescent electric light or other
approved types of electric lighting devices.
c.
Not more than five (5) gallons of gasoline, exclusive of that in
the tanks of vehicles, shall be kept in a private garage; which gasoline
shall be kept only in approved safety cans.
[Ord. #667, § 13]
a.
Public garages shall be of fireproof, semi-fireproof or heavy timber
construction and in compliance with all the provisions of the building
code and other ordinances.
b.
Garages located in buildings with parts above the garage used for
other purposes shall be protected by automatic approved fire protection
when such garages have a capacity of twenty (20) or more passenger
automobiles or are used as bus terminals with a capacity of more than
two (2) buses or are used for the storage and loading of two (2) or
more trucks.
c.
Carbon and lead burning, welding and other processes involving direct
application of flame shall be carried on in the open air not less
than ten (10') feet from any building or in a special room separated
from the rest of the garage by two (2) hour partitions.
d.
Gasoline and other volatile flammable liquids shall not be allowed
to run upon the floor or to fall or pass into the drainage system
of the premises. Self-closing metal cans shall be used for all oily
waste or wasted oils.
e.
Garages shall be swept frequently and kept clean.
f.
Exclusive of that in the tanks of vehicles, gasoline shall be kept
at a public garage only in underground tanks, in approved safety cans
or in approved portable wheeled tanks not exceeding a capacity of
sixty (60) gallons each. The tanks of vehicles shall be filled directly
through hose from pumps attached to portable tanks or to permanent
filling stations connected to underground storage tanks. Gasoline
shall not be handled in any open container.
g.
In every public garage two (2) or more approved chemical fire extinguishers
and four (4) or more pails of sand shall be kept convenient for quick
use in case of fire.
[1]
Editor's Note: Former Section 13-7, previously codified herein
and containing portions of Ordinance No. 667 was repealed by Ordinance
No. 88-27. See Volume II for information on auto wrecking and junk
yards.
[Ord. #92-13, § 1; Ord. #03-13, § 1]
a.
Smoke Detectors Required. All structures used, or intended for use,
for residential purposes including any single family or two (2) family
structure, or individually-owned condo units within a multifamily
structure 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 bedroom and located on or near the ceiling. The installation
shall be in accordance with the National Fire Protection Standard
Number 74-1984. The installation of battery operated smoke sensitive
alarm devices shall be accepted as meeting the requirements of this
section. The smoke sensitive device shall be tested and listed by
a product certification agency recognized by the Department of Community
Development, Construction Code Enforcement Office or Municipal Code
Enforcement, Smoke and Carbon Monoxide Detector Program.
b.
Carbon Monoxide Detectors Required. All structures used, or intended
for use, for residential purposes including any single family or two
(2) family structure, or individually-owned condo units within a multifamily
structure, containing a fuel burning appliance or having an attached
garage shall have carbon monoxide sensitive alarm devices installed
in accordance with N.J.A.C. 5:23-6.4 through 6.7 and 6.21(a), 6.25(a),
6.26(a), 6.27 and 6.31. The carbon monoxide sensitive devices shall
be tested and listed by a product certification agency recognized
by the Department of Community Development, Construction Code Enforcement
Office of Municipal Code Enforcement, Smoke and Carbon Monoxide Detector
Program.
[Ord. #92-13, § 1; Ord. #03-13, § 1;
Ord. #17-11 § 1]
In the case of sale or change of occupancy of any single-family
or two-family structure, or individually-owned condo units within
a multifamily structure, no owner shall lease, sell or otherwise permit
occupancy for residential purposes of said building without first
obtaining from the Department of Administration a certificate evidencing
compliance with the requirements of this section. Requests for inspections
and determination of compliance with this section shall be made to
the Department of Administration.
a.
Certificates for seasonal rental units, including any portion of
a single-family or two-family dwelling, will be issued for a period
of up to twelve (12) months, regardless of the number or frequency
of changes in tenancy.
b.
A building in full compliance with the subcodes adopted pursuant
to the Uniform Construction Code Act and regulations in force at the
time of its construction and possessing a valid certificate of occupancy
shall be deemed in compliance with this section. Such buildings are
subject to inspections as required by this section in order to determine
if smoke and carbon monoxide detectors are properly maintained.
c.
Certificates of smoke and carbon monoxide detector compliance shall
not be transferable.
d.
A certificate evidencing compliance with requirements of this section
shall be retained by the owner or the agent on behalf of the owner.
[Ord. #92-13, § 1; Ord. #03-13, § 1]
The fee for inspection of any structure subject to the requirements of this section shall be shown in Chapter 30, Schedule B.
[Ord. #92-13, § 1]
Any owner who sells, leases, rents or otherwise permits the
occupancy for residential purposes of any premises subjected to the
requirements of this section without complying with the inspections
and certification requirements contained herein shall be subject to
a fine of not more than five hundred ($500.00) dollars.
