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Chapter 191: FIRE PREVENTION
§ 191-1. Title.
This chapter shall be known as the "Fire Prevention Code of Brick Township."
§ 191-2. Adoption of Uniform Fire Code.
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.
§ 191-3. Establishment and duties of Bureau of Fire Safety.
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 they 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.
§ 191-4. Permits required.
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.
§ 191-5. Additional Required inspections.
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 N.J. 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.
Square Footage Total Gross:
0 to 1,000
1,001 to 2,000
2,001 to 2,500
2,501 to 3,500
3,501 to 4,500
4,501 to 5,000
5,001 to 6,000
6,001 to 7,000
7,001 to 7,500
7,501 to 8,000
8,001 to 9,000
9,001 to 10,000
10,001 to 11,000
11,001 to 12,000
Buildings over 12,000
Additional fee of $15 per 0 to 1,000 square feet
C. For all uses defined under this chapter, other than owner-occupied residential structure, 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.
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.
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.
G. All multiple-family dwellings where as herein defined shall be classified as 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.
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.
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.
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 $40.00.
§ 191-6. Site plans.
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, adopted by the State of New Jersey, as amended. Prior to the issuance of any building permit, the above projects must receive Bureau acceptance. Single family residence use review shall be subject to review if 2 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:
Minor site plan
Major site plan
$75, each site inspection, re-review or re-inspection
§ 191-7. Fire Zones and Fire Lanes.
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.
§ 191-8. Amendments to State Fire Prevention Code pursuant to N.J.A.C. 5:70-3.2
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 non-scheduled smoke detector inspection appointment more than 4 business days but less than 10 business days from the contact date; and $130. for a non-scheduled smoke detector inspection appointment less than 4 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.
B. Speed control/street 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/or 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 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.
Fees: The fees for a small recreational fire permit shall be $25. and shall grant up to 2 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 extra curricular 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 as 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.
(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 indentified 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 or more false alarms in said calendar year shall be deemed to have violated 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.
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 $30.00.
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 $50.00 per day per violation. If during an actual alarm, the condition shall result in a mandatory fine of $200.00 per day per violation. Fine shall remain in effect and continuous 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 Section E, shall be instituted for every one hour of incremented time that the Fire Department and/or Inspector must remain on scene until arrival.
§ 191-9. Violations and penalties.
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.
B. The owner of a garbage dumpster or other obstruction located in a designated fire zone, fire lane, fire area, or drafting/pumping locations within three feet of a fire hydrant, in violation of § 191-7A, B, and C of this chapter, shall be subject to a fine of not more than $500 per day.
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.
§ 191-10. Appeals.
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."
Ordinance revised 12/29/16