[Adopted 8-12-1985 by Ord. No. 418-C; amended in its entirety 8-21-2023 by Ord. No. 23-1062[1]]
[1]
Editor's Note: Prior amendments include Ord. Nos. 573-C, 597-C, 600-C, 99-678-C, 07-808-C, 08-816-C and 19-970-C.
The New Jersey Fire Code shall be locally enforced in the Borough of Saddle River by the Fire Prevention Bureau, which is hereby created and established in the Borough of Saddle River and which shall be operated under the supervision of the Borough Administrator.
The Fire Prevention Bureau shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Saddle River, 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.
The Fire Prevention Bureau established in § 113-1 of this article shall carry out the periodic inspections of life hazard uses as required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
A. 
The Fire Prevention Bureau established by § 113-1 of this article shall be part of the administrative departments and shall be operated under the direct supervision of the Fire Official, who will report to the Borough Administrator of the Borough of Saddle River.
B. 
The Fire Official/Fire Marshal shall be appointed by the Mayor of the Borough of Saddle River, subject to the approval of the Borough Council, and shall be the Fire Official referred to in the Uniform Fire Code. Said Fire Official shall serve for a term of one year and until his successor shall be appointed and qualified.
C. 
Such inspectors and other employees as may be necessary in the Fire Prevention Bureau shall be appointed by the Mayor and Council of the Borough of Saddle River. Such employees shall be under the supervision and control of the Fire Official/Fire Marshal.
D. 
Inspectors and other employees of the Fire Prevention Bureau shall be subject to removal by the Mayor and Council for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
A. 
The permit fees established by the Uniform Fire Code shall be in effect in the Borough of Saddle River unless amended or modified by ordinance. In addition to the inspection fees required pursuant to the Uniform Fire Code and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
(1) 
Due to the fact that the Saddle River Fire Department is principally dependent upon existing watercourses and ponds located within the Borough of Saddle River, it shall be unlawful for any property owner within the Borough of Saddle River to cause any pond or other body of water to be drained without first having obtained a permit from the Fire Official/Fire Marshal. Application for such permit shall be made on forms provided by the Saddle River Fire Department, which shall be submitted at least 30 days prior to the time set for draining of such pond or other body of water. Where a fire hazard caused by a lack of sufficient rainfall or a temporary lack of an alternate source of water exists, the Fire Official/Fire Marshal shall have the power to require the owner of property within the Borough of Saddle River to postpone any contemplated work involving the draining of existing ponds or other bodies of water until such time as a fire hazard has been alleviated. The permit, when issued, shall prescribe a definitive time limit within which the work shall be accomplished. Notice of completion of such work shall be given to the Saddle River Fire Prevention Bureau prior to the expiration of such time limit, or an application for an extension of the permit must be filed. The fee for said permit shall be $5. Failure to obtain said permit shall subject any person, firm or corporation to a fine of not more than $200 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the Judge of the Municipal Court before whom the matter is heard.
B. 
Buildings owned by the Board of Education or operated solely for Board of Education services and buildings owned by the Borough of Saddle River shall be exempt from the fees for inspections required by this article or otherwise imposed by this section.
A. 
Installation required. In accordance with N.J.A.C. 5:70-4.19, in all Use Group R-3 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, smoke detectors shall be installed as follows:
(1) 
On each level of the premises; and
(2) 
Outside each separate sleeping area.
B. 
Smoke detectors, when required, shall be installed in accordance with NFPA 72 listed in N.J.A.C. 5:70-4.19.
C. 
Smoke detectors may be AC-powered or battery-powered and shall be tested and listed by a product certification agency recognized by the New Jersey Division of Fire Safety. However, AC-powered single- or multiple-station smoke alarms installed as part of the original construction or rehabilitation project shall not be replaced with battery-powered smoke alarms. All detectors must be, at a minimum, equivalent to the system installed at the time of the original construction or renovation project.
D. 
In accordance with N.J.A.C. 5:70-4.19, in all Use Group R-3 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, carbon monoxide alarms shall be installed in all dwelling units in buildings in one- and two-family or attached single-family dwellings, except for units in buildings that do not contain a fuel-burning device or have an attached garage as follows:
(1) 
Single-station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s).
(2) 
Carbon monoxide alarms may be battery-operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of this section and NFPA-720.
E. 
In accordance with N.J.A.C. 5:70-4.19, in all Use Group R-3 dwellings subject to the requirements of N.J.A.C. 5:70-2.3, a portable fire extinguisher shall be installed in accordance with the following:
(1) 
The extinguisher shall be within 10 feet of the kitchen and located in the path of egress;
(2) 
The extinguisher shall be readily accessible and not obstructed from view;
(3) 
The extinguisher shall be mounted using the manufacturer's hanging bracket so the operating instructions are clearly visible;
(4) 
The extinguisher shall be an approved listed and labeled type with a minimum rating of 2A-10B:C and no less than five pounds and no more than 10 pounds;
(5) 
The owner's manual or written operation instructions shall be provided during the inspection and left for the new occupant;
(6) 
The extinguisher shall be serviced and tagged by a certified Division of Fire Safety contractor within the past 12 months or the seller must have a receipt for a recently purchased extinguisher; and
(7) 
The top of the extinguisher shall not be more than five feet above the floor.
A. 
Certificate of compliance. Before any Use Group R-3 structure is sold, leased or otherwise subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) from the Fire Prevention Bureau. No more than one CSACMAPFEC shall be required in any six-month period except in the instance of rental units, which shall require no more than one CSACMAPFEC in a twelve-month period.
(1) 
The owner or owner's managing agent of premises requiring a certificate as required herein shall make application therefor on forms provided by the Saddle River Fire Prevention Bureau, which application shall be accompanied by the appropriate fee.
(2) 
The Fire Prevention Bureau shall inspect the premises for which a certificate has been requested and, upon a finding that the premises satisfies the requirements of this article, issue a certificate within 20 business days of the receipt of a completed application, fee and inspection.
B. 
Address identification. It shall be the duty and responsibility of owners and occupants to ensure that all premises (residential dwellings, homes, commercial properties and construction sites) have adequate street number identifications. This shall be clearly visible from the street at all times and clear from all obstructions.
C. 
In accordance with the provisions of N.J.A.C. 5:70-4.3, the requirements of N.J.A.C. 5:18-4.19[1] shall apply to all Use Group R-3 structures regardless of their state of compliance with the Uniform Construction Code or any other code.
[1]
Editor's Note: See now N.J.A.C. 5:70-4.19.
D. 
Nothing herein shall be deemed to prevent the Fire Official from making a finding of imminent hazard pursuant to N.J.A.C. 5:70-2.14 or the Construction Official from making a finding of an unsafe building pursuant to N.J.A.C. 5:23-2.23 and requiring correction of such hazard or unsafe condition in accordance with these regulations.
E. 
The local enforcing agency has the right to deny the certificate if any other provisions of this chapter or any other chapter of the Code of the Borough of Saddle River is not met.
F. 
Sellers, transferors, lessors, buyers, transferees and tenants of all dwelling units subject to this article shall be responsible for the correct installation and maintenance of smoke detectors as described herein.
G. 
The owner of a rental unit shall, at the time of installation of smoke detectors and thereafter at the commencement of each tenancy, provide to the tenant at least one copy of written instructions on the operation, maintenance and testing of the smoke detectors, including the replacement of batteries in the battery-operated unit.
H. 
Fees. The fee for an inspection by the Fire Prevention Bureau for a certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance shall be as follows:
Document
Fee
Inspection
$200
Reinspection
$100
The respective sections or provisions of the BOCA Basic/National Fire Prevention Code shall be and hereby are amended, supplemented and modified as follows:
(Reserved)
Violation of the provisions of this article, except as otherwise expressly provided, shall be punishable as provided in Chapter 1, General Provisions, Art. III.
A. 
Authorization to establish. The Fire Chief, the Bureau of Fire Prevention and the Police Department of the Borough of Saddle River are hereby authorized to establish fire zones and water holes within the Borough of Saddle River and shall establish rules and regulations with respect to the location, area and all other requirements pertaining to the same.
B. 
Obstruction and parking prohibited. All fire zones, fire hydrants and water holes, now in existence or hereafter designated and marked, shall be kept free from all obstructions, parking, standing or stopping of vehicles in fire zones or in front of fire hydrants or areas designated as water holes or where access thereto is prohibited.
C. 
Zones to be designated and marked. All fire zones on private property shall be designated, marked and maintained by the owners of the premises in accordance with the rules and regulations established therefor by the Fire Chief and the Bureau of Fire Prevention of the Fire Department of the Borough of Saddle River.
D. 
Violations and penalties; removal of vehicles.
(1) 
Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and detrimental to the health, safety and welfare of the residents of the Borough of Saddle River, and any peace officer may provide for the removal of such vehicle, and the owner shall pay the reasonable cost of the removal and storage which may result from such removal before regaining possession of the vehicle.
(2) 
Any person violating any provision of this section, upon conviction thereof, shall be subject to a penalty of up to $1,000 or 90 days' imprisonment, or both, in the discretion of the court.