HomeMy Public PortalAboutordinance 04:09 Of
TEL (732)
FAX (732) 5tl-g925
OFFICE OF 61 COOKE AVENUE
KATHLEEN M. BARNEY, RMC/CMC CARTERET, NEW JERSEY 0700S
MUNICIPAL CLERK
MEMORANDUM
TO: FIRE CHIEF, BRIAN O'CONNOR
DATE: March 15, 2004
FROM: KATHLEEN M. BARNEY, RMC/CMC
SUBJECT: ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 128 ENTITLED, FIRE PREVENTION, OF THE CODE OF
THE BOROUGH OF CARTERET.
ENCLOSURE: CERTIFIED COPY OF ORDINANCE #04-09.
KMB/apm
cc: J. RISCHAK
T. NIEBERT
TREASURER
D. UHOUSE
POLICE CHIEF
FILE
Councilman Presents the following Ordinance S~onded by Councilman
AMENDING AND SUPPLEMENTING CHAPTER 128 ENTITLED, FIRE
PREVENTION, OF THE CODE OF THE BOROUGH OF CARTERET
WHEREAS, the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq. (the "Fire
Code"), requires certain buildings to be equipped with automatic alarm systems and/or
sprinkler/standpipe systems; and
WHEREAS, the aforementioned automatic systems may cause the Carteret Fire
Department to be summoned to such buildings or portions thereof at a time when the
same are not occupied or when the occupant is not able to provide entry for the Fire
Department; and
WHEREAS, the Borough of Carteret ( the "Borough") wishes to prevent unnecessary
and/or excessive damage to property as a result of having to gain forcible entry to said
buildings and provide a means of swif~ and safe entry into the same by the Fire
Department; and
WHEREAS, pursuant to the Fire Code, a municipality may, by ordinance, adopt
provisions to its fire code that may be more restrictive than the Fire Code; and
WHEREAS, the Borough has determined that the health and safety of the public and
the Borough's firefighters will be promoted by the adoption of an ordinance providing
for the installation and regulation of Listed Rapid Entry Key Boxes, Hazardous
Materials Cabinets, Key Switches, Security Padlocks, and Fire Sprinkler Connection
Caps, for use by the Fire Depa~hnent in times of emergency.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the
Borough of Carteret as follows:
Section 1. Chapter 128 of the Code of the Borough of Carteret, entitled FIRE
PREVENTION, be and is hereby amended and supplemented to add a new Article IV,
to be entitled Installation of Rapid Entry Boxes, to read as follows:
ARTICLE IV
Installation of Rapid Entry Boxes
§ 128-32. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
LOCAL ENFORCING OFFICER -- The Fire Chief or his designee.
KEY BOX -- A UL "Listed" Rapid Entry Box, the size and style of which the
Local Enforcing Officer has approved, and which meets the requirements and uses
the same security key code adopted by the Fire Department.
KEY SWITCH -- A UL type switch approved by the Local Enfoming Officer and
that operates from the approved security key code utilized by the Fire Department.
RESPONSIBLE PARTY -- The person(s) who owns, purports to own, manages,
rents, leases or exercises control over a building, structure or premises, or use or
portion thereof.
PAGE 2
SECURITY PADLOCK -- A padlock approved by the Local Enforcing Officer and
that utilizes the approved key code utilized by the Fire Department.
SECURITY CAP-- A Fire Department Connection (FDC) Plug and Cap approved
for use in the Borough of Carteret by the Local Enforcing Officer utilizing a 2-1/2
inch National Standard thread pattern.
§ 128-33. Administration and Enforcement.
A. Mandatory key boxes for fire suppression and Standpipe.Systems. When a building
within the Borough of Carteret is protected by an automatic fire suppression and/or
standpipe system, it shall be equipped with a Key Box installed at a location approved
by the Local Enforcing Officer
B. Mandatory key boxes for automatic alarm systems. When a building is protected by
an automatic alarm system and/or access to the building itself, or an area within the
building, is, in the opinion of the Local Enforcing Officer, unduly difficult because of
secured access ways, and where immediate access to said building or area may be
necessary for life saving and/or firefighting purposes, it shall be equipped with a Key
Box installed at a location approved by the Local Enforcing Officer.
C. Mandatory storage cabinet. In buildings, structures, or premises, or portions thereof,
where Hazardous Materials are stored or dispensed, a Hazardous Materials Cabinet may
be required. This cabinet will serve to store Material Safety Data Sheets and other
information or documentation as may be required.
D. Automatic gates. When a property is accessed through a gate or cross arm that
impedes ingress through required Fire Lanes by means of a key or swipe card, it shall
be equipped with a Key Switch to be installed at a location approved by the Local
Enforcing Officer. Said device shall be ufa master key operated type.
E. Security padlock. When a property or premises, or portion thereof, is secured by a
locked fence or gate and where immediate access to the same may be, in the opinion of
the Local Enforcing Officer, necessary for life saving and/or firefighting purposes, it
shall be equipped with a Security Padlock to be installed at a location approved by the
Local Enforcing Officer. It shall then be the responsibility of the Responsible Party to
insure that the fence or gate is secured properly so that the Security Padlock is
accessible.
F. Construction Sites. When a construction site is to be secured by a locked fence or
gate, that site shall comply with the provisions of subsection E above for the duration of
construction or until said fence or gate is removed. The Security Padlock will be
obtained by placing a security deposit with the Fire Department in an amount
established to cover the replacement of the Security Padlock should it be lost or
damaged. Once the deposit has been made, the Local Enforcing Officer will come to
the construction site, explain the use of the Security Padlock to any person(s) requiring
knowledge of its operation, and secure the Security Padlock. It shall then be the
responsibility of the construction company of other Responsible Party to see that the
fence or gate is secured properly so that the Security Padlock is accessible.
G. Security for Fire Department Cormections. When a building, or structure, or portion
thereof, is protected by an automatic sprinkler and/or standpipe system and the Fire
Department connection may be, in the opinion of the Local Enforcing Officer, subject
to vandalism or other damage, the Local Enforcing Officer may require the installation
ufa Security Cap.
H. Non-applicability to certain dwellings. The term "building" used herein means any
building or structure, or portion thereof, located in the Borough of Carteret, whether
privately or publicly owned, other than any building owned by the Borough, including,
without limitation, any building owned by the Carteret Board of Education, the Carteret
Housing Authority or any other public, quasi-public, or private entity or person
P^O£ 3
however that this Article shall not apply to owner occupied one and two
family dwellings.
I. Rapid response key boxes. The rapid key boxes shall contain the following: (1) Keys to locked points of ingress or egress, whether located in the interior or
exterior of such buildings.
(2) Keys to locked mechanical rooms.
(3) Keys to locked elevator rooms.
(4) Keys to the elevator controls.
(5) Keys to any fenced or other such secured areas.
(6) Keys to fire alarm control panels, pull stations or other fire protection devices.
(7) Keys to any other areas that may be required by the Local Enforcing Officer.
(8) A card containing the name and phone number for all emergency contact people
for such building.
J. Time for compliance. All existing buildings shall comply with this Ordinance within
six (6) months fi.om its effective date. All newly constructed unoccupied buildings,
buildings currently under construction and all buildings or businesses applying for a
certificate of occupancy shall comply immediately.
K. Penalties. Any building owner, and/or other such Responsible Party, violating this
Ordinance shall be subject to a fine of five hundred dollars ($500.00). Each day that
such violation continues shall be considered a separate violation and subject to a fine of
five hundred dollars ($500.00) per day.
L. Return of Keys. Six (6) months following passage of this Ordinance, all keys
currently in possession of the Fire Department will be returned to the Responsible Party.
M. Registration fee. There shall be a twenty-five dollar ($25) registration fee when a
key lock box is initially installed.
Section 2. All Ordinances and/or provisions thereof inconsistent with the provision of
this Ordinance shall be and are hereby repealed as to the extent of any such
inconsistencies.
Section 3. If any section, subsection, part, clause or phrase of this Ordinance shall be
declared invalid by judgment of any Court of competent jurisdiction, the section
subsection, part, clause or phrase shall be deemed to be sever able from the remainder
of this Ordinance.
Section 4. This Ordinance shall take effect upon passage and publication according to
applicable law.
DO NOT USE SPACE BELOW THIS LINE
~ RECORD OF COUNCIL VOTE
~-~'6~'-C iLMAN
Y~$ NO NV A.B. COUNCILMAN
~ ..... YES NO NV A.B
KRUH X RXOS
NAPLP...~ ]{ SITARZ
PlRISI X SOSNOV/SKi ' X
X - Indicate Vote AB - Absent NV · Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of'Carteret. N.J,, on February 19m 2004
Adopted on second reading after hearing on ,, March 11 . 2004
oN