[HISTORY: Adopted by the Township Council
of the Township of Brick 5-14-2002 by Ord. No. 102-B-02. Amendments noted
where applicable.]
This chapter shall be known as the "Fire Prevention
Code of Brick Township."
[Amended 11-9-2010 by Ord. No. 46-10]
The New Jersey Uniform Fire Code, N.J.A.C. 5:70,
5:71, 5:72. 5:73 and 5:75 et seq., and all amendments and supplements
thereto, is thereby adopted by the Township for the purpose of establishing
a system for the enforcement of minimum fire safety standards throughout
the Township as mandated by the State of New Jersey, so as to improve
the safety of the public by promoting the control of fire hazards.
The standards, rules and regulations set forth in the code shall be
and the same are hereby incorporated in this chapter, three copies
of which have been and are now on file in the office of the Township
Clerk. The Township shall recognize and hereby adopt the standards
of the National Fire Protection Association Code and supplements and
amendments thereto, which the Bureau of Fire Safety may refer to in
the enforcement of this chapter. The above-referenced codes are incorporated
herein as if set forth at length.
[Amended 12-6-2016 by Ord. No. 19-16]
Pursuant to Section 203 of the Uniform Fire Safety Act (P.L.
1983, c. 383; N.J.S.A. 52:27D-203), this chapter shall be enforced
by the Joint Board of Fire Commissioners of the Township of Brick,
County of Ocean and State of New Jersey, which shall be known for
the purposes of the Act as the Bureau of Fire Safety. A Bureau of
Fire Safety shall herein be established within the Joint Board to
enforce the Uniform Fire Safety Act and the codes and regulations
adopted under it in all buildings, structures and premises within
the Township of Brick, other than owner-occupied one- and two-family
dwellings, and shall faithfully comply with the requirements of the
Uniform Fire Code. In addition, the Bureau of Fire Safety shall be
charged with the duties of enforcement of such other ordinances and
rules and regulations that pertain to fire prevention and control.
The Bureau of Fire Safety shall carry out the periodic inspections
of life-hazard uses required by the Uniform Fire Code on behalf of
the Commissioner of Community Affairs. Said Bureau shall be under
the supervision and control of the Joint Board of Fire Commissioners
of the Township of Brick or such other officers as it may designate.
Such funds, as may be necessary to support the operation of the Bureau,
shall be raised by the Joint Board of Fire Commissioners in the manner
prescribed by law. Pursuant to the Uniform Fire Code, the Bureau shall
be operated by a fire official herein known as the "Bureau Chief"
and enforcement and support personnel under his supervision having
the minimum qualifications and certifications set forth under the
Uniform Fire Code. The salary of the Bureau Chief and other personnel
employed by the Bureau shall be to the extent permitted by law, established
by the Joint Board of Fire Commissioners. The annual budget for the
operation of the Bureau of Fire Safety shall be established by the
Joint Board of Fire Commissioners. The Joint Board of Fire Commissioners
shall have the authority to appoint, promote and terminate personnel
within the Bureau, but each person so terminated shall be afforded
the opportunity to be heard by the Commissioners, consistent with
recognized standards of due process.
It shall be unlawful to engage in any business
activity involving the handling, storage or use of hazardous substances,
materials or devices; or to maintain, store or handle materials; to
conduct processes which produce conditions hazardous to life or property;
to install equipment used in connection with such activities; or to
establish a place of assembly without first obtaining a permit from
the fire official. Permits shall be obtained from the Bureau of Fire
Safety for any of those activities listed in N.J.A.C. 5:70-2.7 and
any amendments, supplements and rules and regulations thereto. The
fee for said permits shall be established in accordance with N.J.A.C.
5:70-2.9(c) and any amendments or supplements thereto.
A.
In addition to the inspections and fee required pursuant
to the Uniform Fire Safety Act and the regulations of the Department
of Community Affairs, the following registration, inspection and fees
shall be required.
B.
For the purpose of this chapter, all uses shall be
defined pursuant to the current edition of the latest New Jersey State-adopted
edition of the International Building Code and the New Jersey Uniform
Fire Code and shall be subject to inspection and annual fee as outlined
yearly.
[Amended 11-9-2010 by Ord. No. 46-10; 12-6-2016 by Ord. No. 19-16]
|
Type Use
|
Square Footage/Total Gross
|
Required Fee
| |
|---|---|---|---|
|
6
|
0 to 1,000
|
$45
| |
|
7
|
1,001 to 2,000
|
$55
| |
|
8
|
2,001 to 2,500
|
$60
| |
|
9
|
2,501 to 3,500
|
$70
| |
|
10
|
3,501 to 4,500
|
$85
| |
|
11
|
4,501 to 5,000
|
$90
| |
|
12
|
5,001 to 6,000
|
$95
| |
|
13
|
6,001 to 7,000
|
$100
| |
|
14
|
7,001 to 7,500
|
$120
| |
|
15
|
7,501 to 8,000
|
$130
| |
|
16
|
8,001 to 9,000
|
$135
| |
|
17
|
9,001 to 10,000
|
$140
| |
|
18
|
10,001 to 11,000
|
$160
| |
|
19
|
11,001 to 12,000
|
$185
| |
|
Buildings over 12,000
|
Additional fee of $15 per 1,000 square feet
|
C.
For all uses defined under this chapter, other than
owner-occupied residential structures, wherein there are two or more
utilizing common area facilities within the building, the owner of
the building shall be subject to a fee for the entire building area
in accordance with the square footage/total gross set forth herein
plus $35 for each unit within said building.
[Amended 11-9-2010 by Ord. No. 46-10; 12-6-2016 by Ord. No. 19-16]
D.
Where two or more of the same uses or different uses
exist at the same building or on the same premises, each use shall
be considered as separate and distinct for purpose of this chapter
and shall be registered pursuant thereto, with the exception that,
where two or more of the same uses or different uses exist at the
same building or on the same premises, all of which are under common
ownership, the highest same or different use shall be registered at
full fee with the other use registered at 3/4 the scheduled fee per
use.
[Amended 11-9-2010 by Ord. No. 46-10]
E.
Not included in the above inspections are buildings,
uses or premises incidental or auxiliary to the agricultural use of
farm property.
F.
All hotels and motels as defined herein with 100 rooms
or less and not defined as a life-hazard use shall be classified as
a Type 16 use and shall be registered and subject to the fees as herein
set forth.
[Amended 11-9-2010 by Ord. No. 46-10]
G.
All multiple-family dwellings where as herein defined
shall be classified as a Type 11 use and shall be subject to registration
and fees as set forth herein with the exception that the full fee
shall be paid for the largest structure, with the remaining structures
subject to a fee of 3/4 of that as set forth for other Type 11 uses.
Inspections of multiple-family dwellings shall include, but not be
limited to, common areas, basements, laundry rooms, corridors, vestibules
which are accessible to occupants, with the exclusion of the dwelling
units therein.
[Amended 11-9-2010 by Ord. No. 46-10]
H.
Buildings serving food or nonalcoholic beverages with
seating and which are not defined as a life-hazard use and having
an occupancy of less than 50 shall be classified as Type 10 use subject
to the registration and fees herein above set forth.
I.
Buildings intended for the purpose of amusement, entertainment,
recreation centers and health spas including, but not limited to,
dance studios, physical conditioning facilities, gym and dojo and
not otherwise defined as a life-hazard use with 100 or less occupants
shall be classified as a Type 15 use and subject to the registration
and fees as set forth herein.
[Amended 11-9-2010 by Ord. No. 46-10]
J.
Each structure designated as self-storage facilities shall be inspected with the exception of individual occupied and self-locked units. Said fee will be as indicated in Subsection D above, with the exception that each additional building on the premises be 1/2 of the designated fee structure as outlined in this § 191-5. This in no manner limits the Bureau from inspecting and accessing individual units in the storage structure with just cause or under circumstances deemed necessary by the Bureau Chief.
[Amended 11-9-2010 by Ord. No. 46-10]
K.
All uses as set forth under this section shall be
inspected annually and subject to the registration and fees set forth
herein.
L.
Certificate of fire code status in accordance with N.J.A.C. 5:71-3.7(b)9:
$40.
[Added 12-6-2016 by Ord.
No. 19-16]
[Amended 11-28-2006 by Ord. No. 37-06; 11-9-2010 by Ord. No. 46-10]
A.
The Bureau shall review any site or subdivision plan
for the purpose of fire prevention, as to the location and size of
fire lanes, zones and areas, water mains, drafting locations, fire
hydrants, and any other such information as the Board of Fire Commissioners
and/or their designated agents may deem necessary or required. Said
submission of plans to the Bureau of Fire Safety shall include any
plans submitted to the Planning Board or Board of Adjustment for the
development, construction or improvement of properties in the Township.
Said reviews shall include, but not be limited to, any construction
or improvement of any use group, except owner-occupied single-family
dwellings. Prior to the issuance of any building permit, the above
projects must receive Bureau acceptance. Single-family residential
use shall be subject to review if two or more residential uses are
planned.
B.
Each applicant shall pay the following fees to the
Bureau of Fire Safety for review of any site or subdivision plans:
[Amended 12-6-2016 by Ord. No. 19-16]
|
Type
|
Fee
| |
|---|---|---|
|
Minor site plan
|
$140
| |
|
Major site plan
|
$200
| |
|
Minor subdivision
|
$100
| |
|
Major subdivision
|
$250
| |
|
Abridged
|
$100
| |
|
Re-review
|
$75, each site inspection, re-review or reinspection
|
A.
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 §§ 191-5 and 191-6, all 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.
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, 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 following 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 Safety.
C.
The Bureau of Fire Safety 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.
The Fire Safety Bureau Chief/Fire Subcode Official,
Fire Prevention Specialists and the Brick Township Police Department
shall have concurrent jurisdiction to enforce the provisions of this
section of the chapter. For any summons issued by the Bureau of Fire
Safety, said fines shall be dedicated to the Bureau of Fire Safety
via interlocal service agreement for the enforcement of the code,
and court costs associated are dedicated to the Brick Township Municipal
Court. Said fees are to be reimbursed to the Bureau on a quarterly
basis.
E.
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.
[Amended 11-28-2006 by Ord. No. 37-06; 11-9-2010 by Ord. No. 46-10]
A.
Smoke and other required detectors [N.J.A.C. 5:70-2.3(a)]. The Bureau
of Fire Safety will enforce the Uniform Fire Code for certificate
of smoke detector and other required alarm compliance in certain structures
used for residential purposes as same pertains to the sale of a residential
structure. The fee for an inspection and issuance of a certificate
will be $45 on a scheduled inspection day (Scheduled days are 10 business
days or more from the contact date.); $80 for a nonscheduled smoke
detector inspection appointment more than four business days but less
than 10 business days from the contact date; and $130 for a nonscheduled
smoke detector inspection appointment less than four business days
from the Bureau contact date. Any reinspection required for failure
to have properly installed or operating detectors in accordance with
the code will be subject to a reinspection fee of an additional $30.
This fee will also be charged for failure to maintain the scheduled
appointment or entry to the structure.
[Amended 12-6-2016 by Ord. No. 19-16]
B.
Speed control/speed obstructions (503). A person or persons may not
erect, construct, place or maintain any speed control devices, fences,
gates, chains, bars, pipes, wood or metal horses or any other type
of obstruction in/on any street within the boundaries of the municipality.
The word "street" as used in this chapter shall mean any roadway accessible
to the public for normal vehicular traffic, including but not limited
to private streets and/or private property deemed necessary for fire
access and fire access lanes without prior written notification and
approval by the Bureau. The Bureau shall have the authority to permit
erection of temporary movable barricades for a period not to exceed
30 days for emergency situations or under other circumstances deemed
necessary and appropriate after proper notification to the Bureau.
C.
Door labeling (505). All commercial uses located in buildings which contain multiple exit doors shall label said rear exit door on the exterior with the name of the business in not less than three-inch letters. In accordance with this section and Chapter 128 of the Code of the Township of Brick, all commercial establishments shall attach to or display upon the principal site sign the street address numbers of six inches minimum of height. In addition, any business or other use of a building shall attach to the front of the building or some other place visible from the road numerals signifying the street address of the parcel of land. Each numeral shall be a minimum height of three inches and a minimum width of two inches.
D.
All open burning shall be prohibited in accordance with this section
except as noted and approved by the Bureau of Fire Safety. A permit
shall be obtained from the Fire Safety Bureau for any and all recreational
fires within the boundaries of Brick Township in accordance with the
requirements under the General Forest Fire Act (N.J.S.A. 13:9-44.1
et seq.) that do not meet the intent of Uniform Fire Code and Local
Township Standards. Permits, applications and requirements will be
as established by the Bureau of Fire Safety.
(1)
Fees. The fee for a small recreational fire permit shall be $25 and
shall permit up to two recreational-type fires in accordance with
this section. All groups considered under the guidelines of the Boy
Scouts or Girl Scouts of America shall be exempted from all fees associated
with this section. However, they shall be required to file for a permit.
E.
Standby fees. Fees for extracurricular activities which shall require
additional Fire Department presence or standby due to the scope of
actions shall require a standby fee as established by the Brick Township
Joint Board of Fire Commissioners/Bureau of Fire Safety. The standby
fee shall be determined by the Bureau Chief. Public events sponsored
by the Township of Brick and the Brick Township Board of Education
shall be exempt from standby fees.
[Amended 12-6-2016 by Ord. No. 19-16]
(1)
Fire engine: $200/hour with crew (one driver and three firefighters;
one must be an officer or acting officer).
(2)
Ladder truck: $300/hour with crew (one driver and four firefighters;
one must be identified as an officer).
(3)
Rescue unit: $250/hour with crew (one driver and four firefighters;
one must be an acting officer).
(4)
Brush unit: $100/hour with crew (one driver and two firefighters;
one must be an acting officer).
(5)
Fire boat: $100/hour with crew (one driver and two firefighters;
one must be considered an officer).
(6)
Certified fire inspector standby: $50/hour (two-hour minimum).
F.
False alarms.
(1)
Any property containing a fire sprinkler alarm or a fire alarm system
shall not have activated more than three false fire alarms in any
one calendar year. Any activations of four of more false alarms in
said calendar year shall be deemed to violate this section and shall
be subject to penalties and additional actions as required.
(2)
False fire nuisance alarms; definition. An alarm which results in
notification to the Fire Department for causes other than those for
which the system was designated or intended to react. The alarm shall
not be considered false if caused by a power or telephone line interruption.
G.
Rapid entry system required (506.3). Key box acceptable for the Brick
Township Fire Service is of the UL listed type Knox Box system and
shall contain keys necessary to access all areas, alarm boxes, pull
stations and service areas that are secure. The same shall be installed
in a manner approved by the Brick Township Bureau of Fire Safety and
the Bureau Chief.
H.
Fire alarms. Prior to any interruption, testing, disconnection, repairs,
alterations or additions to the fire protection or detection equipment;
the Brick Township Bureau of Fire Safety shall be contacted. Notification
must be made prior to starting work and again after completion.
I.
Variances. A fee shall herein be established for all variances granted
under N.J.A.C. 5:70-2.14. Said fee for variance request shall be $30.
J.
Interference with fire systems prohibited and fines. Blocking access,
interfering or tampering with or causing malicious damage to any fire
alarms, suppression, fire communication system, fire detection, fire
systems or devices or units thereof shall be issued a fine in the
amount of $50 per day per violation. If during an actual alarm, the
condition shall result in a mandatory fine of $200 per day per violation.
The fine shall remain in effect and continue until conditions are
deemed corrected by the Fire Bureau.
K.
If an owner/owners or responsible party is contacted and requested to respond to a building or business due to the activation of fire alarm, fire sprinkler system or other conditions warranting emergency response and does not have available a responsible representative to arrive within 30 minutes of contact or notification, a standby fee, as stated in Subsection E, shall be instituted for every one hour of accumulated time that the Fire Department and/or inspector must remain on scene until arrival.
[Amended 11-28-2006 by Ord. No. 37-06]
A.
Anyone who obstructs a fire zone, fire lane, fire
area, drafting/pumping station or fire hydrant with a motor vehicle
in violation of this section of this chapter and shall be subject
to a fine not to exceed $50 for each offense.
C.
Any person or corporation violating any other provision
of this chapter, failing to comply with any order made pursuant to
this chapter or building in violation of plans and specifications
submitted to the Bureau of Fire Safety and/or its designated agents
and approved pursuant to the terms of this chapter shall be subject
to a fine of not more than $1,000 per day.
D.
All penalties under the N.J. Uniform Fire Code (N.J.A.C. 5:70-1) shall be adopted for the purpose of enforcement against any person or persons, firm, partnership or corporation violating any of the provisions of the code other than the violation of fire zone, fire lane, and fire area regulations as herein before set forth except the sanctions specified in Subsection C above.
[Amended 11-9-2010 by Ord. No. 46-10]
Any owner or operator of a building or property
affected by the provisions issued pursuant to the Uniform Fire Code,
who shall disagree with the determination of the Bureau of Fire Safety
and/or its designated agents shall have the right of appeal in accordance
with N.J.A.C. 5:70-2.19 entitled "Appeals."
