Borough of Glassboro, NJ Enforcement of Uniform Fire Safety Act

Article II Enforcement of Uniform Fire Safety Act

[Adopted 7-9-1985 by Ord. No. 85-8]

Pursuant to Section 11 of the Uniform Fire Safety Act[1] (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Glassboro.

[1]

Editor's Note: See N.J.S.A. 52:27D-202.

§ 264-11 Enforcing agency designated.

The local enforcing agency shall be the Bureau of Fire Prevention, which is hereby created in the Borough of Glassboro under the jurisdiction of the Glassboro Fire Department.

§ 264-12 Duties of enforcing agency.

The local enforcing 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 Glassboro, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 264-13 Inspection of life-hazard uses.

The local enforcing agency established by § 264-11 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 264-14 Organization.

[Amended 5-28-2002 by Ord. No. 02-11]

The local enforcing agency established by § 264-11 of this article shall be part of the Glassboro Fire Department and shall be under the direct supervision of the Fire Official, who shall report to the Chief of the Fire Department.

§ 264-15 Fire Official; inspectors and other employees.

Appointment. The local enforcing agency shall be under the direct supervision of a Fire Official who shall be appointed by the Borough Council.

[Amended 2-13-2001 by Ord. No. 01-7]

Term of office. The Fire Official shall serve for a term of three years; provided, however, that the initial term of the Fire Official appointed pursuant to this article shall expire on December 31, 1987.

Chief Fire Investigator, Fire Investigators, inspectors and employees. The Chief Fire Investigator, Fire Investigators, inspectors, employees and such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Borough Council upon the recommendation of the Fire Official.

[Amended 2-9-1993 by Ord. No. 93-1; 2-13-2001 by Ord. No. 01-7]

Removal from office. The Chief Fire Investigator, Fire Official, Fire Investigators, inspectors and other employees of the enforcing agency shall be subject to removal by the Borough Council, upon the recommendation of the Fire Official, for inefficiency or misconduct. Each Chief Fire Investigator, Fire Official, Fire Investigator, inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.

[Amended 2-9-1993 by Ord. No. 93-1; 2-13-2001 by Ord. No. 01-7; 5-28-2002 by Ord. No. 02-11]

§ 264-16 Fire lanes.

[Added 5-28-2002 by Ord. No. 02-11; amended 12-28-2004 by Ord. No. 04-37]

Requirement; designation. Fire lanes shall be designated as follows for the efficient and effective use of fire apparatus, for firefighting, police vehicles and ambulances, and/or the egress of occupants.

(1)

Where needed and certain considerations.

(a)

The Fire Official(s) of the local enforcing agencies, with the approval of the Chief Officer of the Fire Department, may establish fire areas on property devoted to public and private use, in accordance with N.J.A.C. 5:70-3.2(a)F-311, including, but not by way of limitation, shopping centers, strip malls, bowling alleys, drive-in theatres, houses of worship, swimming pools, offices, warehouses, factories, restaurants, nightclubs, etc., and similar uses.

(b)

The number, location, width, length, and markings shall be at the discretion of the Fire Official, when the markings detailed cannot be strictly complied with.

(c)

Consideration is to be given to the size, type, and location of the building or buildings, the number of persons using and occupying the premises, existing means of egress and ingress, the total area of the property including the size of the parking lot or lots, and all other relevant factors.

(2)

Concurrent jurisdiction. The Glassboro Police Department shall have the concurrent jurisdiction with the Bureau of Fire Prevention to enforce the provisions of this section for the designated fire lanes approved by the Fire Official.

(3)

Existing fire lanes. Any and all fire lanes created by prior ordinance are hereby continued in effect, and when repairs or modifications are made to such fire lanes, they shall be brought into the conformity with this code, as much as shall be practical in the Fire Official's judgment. The standard for exercise of said judgment shall conform to those contained in Subsection A(1) above.

Markings. The owner shall, within 30 days of being given a notice to do so by the Fire Official, mark the lane(s) as follows:

(1)

Signs, with minimum dimensions of 12 inches by 18 inches, constructed of metal and with raised red letters a minimum of two inches in size on a white background shall be posted at a level of at least seven feet above grade, indicating NO PARKING ANY TIME, PARKING IN DESIGNATED STALLS ONLY, or NO STOPPING OR STANDING, at the Fire Official's discretion after giving due consideration to the needs of the fire service and the public. Immediately under these signs shall be another sign, with a minimum dimension of 12 inches by six inches, saying FIRE LANE VEHICLE TOWED AT OWNER'S EXPENSE or FIRE LANE NO ON-STREET PARKING VEHICLE TOWED AT OWNER'S EXPENSE. Spacing of signs shall be even with a minimum of one sign for every 50 feet of fire lane or part thereof, or as ordered by the Fire Official. All signs and markings must be unobstructed and visible for a distance of a least 100 feet when viewed from a position approximately five feet above ground while in the fire lane.

(2)

The area of a fire lane on improved areas shall be delineated along its entire length with yellow lines 18 inches in width. Between the yellow lines shall be marked NO PARKING FIRE LANE in yellow letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the appropriate Fire Official, with the recommended spacing to be at 100-foot intervals and spaced so as to be between and alternate with the metal signs required above. If the designated fire lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.

Definitions. For the purposes of fire lane enforcement, the following terms are defined:

FIRE AREA

The same as "fire lane."

FIRE LANE

An area necessary to provide safety for the public or to provide proper access for emergency vehicles in the event of an emergency.

NO ON-STREET PARKING

A vehicle may not be parked along the street unless loading or unloading passengers or materials with a limit of three minutes.

NO PARKING ANY TIME

A vehicle may not be parked within the designated area unless loading or unloading passengers or materials with a time limit of three minutes.

NO STOPPING OR STANDING

No vehicle may be stopped within the designated zone, whether or not attended or unattended, with or without the motor running or brakes set.

PARKING IN DESIGNATED STALLS ONLY

A vehicle may only be parked within an area so designated for parking.

Size. Fire lanes for vehicle access shall be a minimum of 18 feet in width or as approved by the Fire Official. Fire lanes for egress of occupants shall be a minimum of at least the width of the exitway served.

Notification. Once a fire lane has been designated by the Fire Official, approved as provided above and properly marked by the owner of the premises, the appropriate Fire Official shall notify the Police Department, Construction Code Agency and Municipal Court Clerk, in writing, of the existence and location of the designated fire lane(s).

Unpaved areas. Unpaved fire lanes installed on public or private property shall comply with the "Fire Lane Typical Details" installation methods and be approved by the Fire Official. Signs and markings shall be provided as required by the Fire Official and this code.

Restricted areas. Gates, chains or other approved methods utilized to prevent unauthorized access to installation, provided such restrictions will not impede access by firefighting apparatus or other emergency vehicles. The Fire Official shall determine whether any changes or deviations from the appropriate methods may be utilized.

Installation; maintenance. Fire lanes shall be installed and maintained by the owner of the premises or a designee in conformity with the provisions of this section. Fire lanes in existence prior to the enactment of this section shall be required to conform to the provisions herein at the discretion of the Fire Official. Fire lanes must be accessible for fire apparatus at all times.

Parking, standing and obstruction prohibited.

(1)

Designated fire lanes shall be maintained free of snow and obstructions, including vehicles, at all times.

(2)

The appropriate Fire Official, his designee, or a police officer of the Borough of Glassboro shall have the authority to remove or have removed such obstructions or vehicles as may violate any section of this code, at the expense of the owner of the premises in the case of obstructions or at the expense of the owner of the vehicle. The presumption of ownership may be overcome by proof furnished to the satisfaction of the Municipal Court or Superior Court, Law Division, that some other person was the actual offender.

(3)

It shall be a separate violation of this code for any driver or operator of any motor vehicle to fail to present a driver's license and/or vehicle registration upon demand of any person authorized to enforce this section when requested as part of the enforcement procedure.

Notice of violation. The Fire Official(s) may complete a municipal summons or a notice of violations, and said summons or notice of violations shall be issued to all offenders by personally serving same upon any offender, or if the offender is not attendant to the vehicles, the notice shall be left under the windshield wiper or otherwise attached to the vehicle in a manner reasonably calculated to ensure that the offender received said notice upon his or her return to the vehicle.

This section shall supersede any and all provisions of any other ordinance promulgated for the enforcement of parking in fire lanes. Enforcement shall only be done by personnel from either the Bureau of Fire Prevention or the appropriate local enforcement agencies. Personnel enforcing these provisions shall be either uniformed or carry appropriate identification.

Violations and penalties. Unless another penalty is expressly provided by New Jersey State Statutes and/or administrative regulations, any individual violating this section shall be subject to a penalty of not less than $100 for a fire lane parking violation and a penalty of not less than $150 for a fire lane and hydrant parking violation per occurrence, imprisonment for a term not to exceed 15 days, or both.

§ 264-16.1 Outdoor burning.

[Added 5-25-2004 by Ord. No. 04-17; amended 6-22-2010 by Ord. No. 10-19]

Grills.

(1)

Charcoal, burners and open-flame devices shall not be operated or stored on combustible balconies or porches in any multifamily complex involving three or more units, except where the balconies or porches are protected by an automatic fire-suppression system. Use of these devices shall be a minimum of 15 feet from any combustible structure. One- and two-family owner-occupied dwellings shall be excluded from this requirement.

Outdoor burning.

(1)

All outdoor fires, such as campfires, pits, etc., shall be strictly prohibited throughout the Borough of Glassboro with the following exceptions:

(a)

Chimineas with a formed stack and an opening for materials;

(b)

Commercially purchased devices, usually round or square and made of metal with legs, mesh sides, and a lid;

(c)

Fixed brick construction grills/fireplace with a formed stack for outdoor cooking.

(2)

Approved burning material shall be naturally cut wood, commercially purchased logs or charcoal.

(3)

Burning of rubbish, trash, leaves; yard or trade waste shall be strictly prohibited.

(4)

Approved devices shall not be located or utilized within 15 feet of any combustible structure or material and must be 25 feet from any wooded area.

(5)

All fires shall be attended at all times and must be fully extinguished before leaving.

(6)

All specified devices shall be operated according to manufacturer's specifications.

(7)

Fire extinguisher and or a garden hose connected to a fixed and functional water supply shall be in close proximity in the event of an emergency.

Enforcement.

(1)

The Fire Official, Borough of Glassboro Code Officials and/or local police officers shall reserve the right to order that any of the items enumerated in Subsections A(1) and B(1) herein, shall be extinguished upon determination that the described smoke, embers or ash create a safety risk or public nuisance.

(2)

Any person or persons found to be in violation of this section shall be subjected to a fine of $250 for the first offense, $500 for the second offense, and $1,000 for the third offense and may be imprisoned for a term not to exceed 90 days at the discretion of the Municipal Court Judge.

(3)

Property owners, their agents and their tenants shall assume full responsibility for their actions in regard to this section and for any fire which may result.

§ 264-17 Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Gloucester.

[1]

Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 264-18 Inspections; fees; fine.

[Amended 5-10-1988 by Ord. No. 88-13]

The inspections and fees required pursuant to this article shall be those required pursuant to the Act[1] and the regulations of the Department of Community Affairs, including any amendments or supplements thereto.

[1]

Editor's Note: See N.J.S.A. 52:27D-192 et seq.

The inspections and fees required pursuant to this article for all buildings as defined in the Uniform Construction Code of New Jersey and not classified as life-hazard buildings shall be:

[Amended 2-9-1993 by Ord. No. 93-1; 2-13-2001 by Ord. No. 01-7; 3-22-2022 by Ord. No. 22-09]

Business
Building Type	Annual Fee	Inspection Schedule (months)
1- and 2-story with less than 5,000 square feet per floor	$75	Every 12
1- and 2-story with 5,000 square feet or more per floor	$112.50	Every 12
3- to 5-story with less than 5,000 square feet per floor	$150	Every 12
3- to 5-story with more than 5,000 square feet per floor	$1,875	Every 12

Factory
Building Type	Annual Fee	Inspection Schedule (months)
F.1 moderate hazard	$262.50	Every 6
F.2 low hazard	$150	Every 12

Mercantile
Building Type	Annual Fee	Inspection Schedule (months)
1- and 2-story with less than 5,000 square feet per floor	$112.50	Every 12
1- and 2-story with 5,000 square feet or more per floor	$150	Every 12
3- to 5-story with less than 5,000 square feet per floor	$187.50	Every 12
3- to 5-story with 5,000 square feet or more per floor	$225	Every 12

Residential
Building Type	Annual Fee (per building)	Inspection Schedule (months)
R.2, 3 to 6 units	$75	Every 12
R.2, 7 to 12 units	$112.50	Every 12
R.2, 13 to 20 units	$150	Every 12
R.2, over 20 units	$187.50	Every 12
R.3, other than owner	$52.50	Every 12

Storage (over 5,000 square feet)
Building Type	Annual Fee	Inspection Schedule (months)
S.1 moderate hazard	$262.50	Every 12
S.2 low hazard	$150	Every 12

Assembly Uses
Building Type	Annual Fee	Inspection Schedule (months)
Recreation centers, multipurpose rooms, lecture halls without fixed seating and similar uses where persons assemble other than for religious services, including but not limited to pool halls, billiard parlors, video arcades, spas and gyms.
RC.1 spaces utilizing less than 1,000 square feet	$75	Every 12
RC.2 spaces utilizing more than 1,000 square feet but less than 5,000 square feet	$150	Every 12
RC.3 spaces utilizing more than 5,000 square feet but less than 12,000 square feet	$225	Every 6

Any owner, agent or lessee who fails to pay the prescribed registration fee within 30 days of written notification shall be in violation of this article and shall be subject to a fine not exceeding $5,000.

§ 264-19 Permit fees.

[Amended 2-13-2001 by Ord. No. 01-7; 11-25-2008 by Ord. No. 08-91]

The permit fees required by this article shall be those established by the Uniform Fire Code, including any amendments or supplements.

Permit types shall range from a Type 1 to a Type 4. All permits shall be applied for through the Bureau of Fire Prevention.

A local permit shall be established with a cost of $54.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1)

Permits shall at all times be subject to inspection by the Fire Official.

(2)

The following shall be classified as a local permit:

(a)

Mobile food vendors, when flammable liquids or liquefied petroleum gas are utilized for food preparation or warming.

(b)

Any other operation that involves open flame or flammable materials not covered under the Uniform Fire Code.

§ 264-20 Technical amendments.

Section 5:70.2-7(b) of IX of the New Jersey Uniform Fire Code is hereby modified by changing the occupancy requirement therein from 100 or more persons to 50 or more persons.

[Added 7-26-1988 by Ord. No. 88-18; amended 5-28-2002 by Ord. No. 02-11]