[HISTORY: Adopted by the Township Committee of the Township of Wyckoff 10-15-1968 by Ord. No. 574. Amendments noted where applicable.]
[Amended 6-19-1984 by Ord. No. 927; 5-3-1988 by Ord. No. 1034]
The New Jersey State Fire Prevention Code, adopted by the State Commissioner of Community Affairs under N.J.A.C. 5:18-31, is hereby adopted by the Township Committee, and all the terms and provisions of the BOCA/National Basic Fire Prevention Code/1984, are hereby incorporated herein and adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes prescribed in this chapter.
[Amended 12-16-1975 by Ord. No. 727]
A.
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Township of Wyckoff, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
B.
There shall be a Fire Marshal in charge of the Bureau of Fire Prevention and a Deputy Fire Marshal to assist the Fire Marshal and to perform his duties in the event of his absence or incapacity. The Fire Marshal shall be appointed by the Chief of the Fire Department on the basis of an examination to determine his qualifications in accordance with the rules and regulations of the Wyckoff Fire Department, and such appointment shall only be made with the approval of the Deputy Chiefs of the Fire Department. The Deputy Fire Marshal shall be appointed by the Chief of the Fire Department on the basis of an examination to determine his qualifications in accordance with the rules and regulations of the Wyckoff Fire Department, and the appointment shall be made with the approval of the Fire Marshal of the Bureau of Fire Prevention. Each appointment shall be for a period of one calendar year and shall be subject to approval of the Township Committee. The appointees may not be removed from office during such term except for just cause and after a public hearing.
C.
The Chief of the Fire Department may appoint a Fire Inspector for the duration of that calendar year from each area served by the Fire Department, and such appointments are subject to the approval of the Deputy Fire Chief of the Fire Department in charge of the area where the Fire Inspector is to be on duty and the Fire Marshal of the Bureau of Fire Prevention. The Chief of the Fire Department, with the concurrence of the Fire Marshal, shall recommend to the Township Committee the employment of a technical inspector or inspectors when such a need should arise in conjunction with a specific incident or occurrence.
D.
A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this chapter, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendment to the code which in his judgment shall be desirable.
[Amended 6-19-1984 by Ord. No. 927; 5-3-1988 by Ord. No. 1034]
The following sections of the BOCA Basic/National Fire Prevention Code/1984, and Appendix B thereof, are hereby adopted and revised as follows:
A.
Section F-100.1, Title, shall be revised as follows:
| F-100.1 — Title: These regulations, as set forth herein, shall be known as the "Fire Prevention Code of the Township of Wyckoff," hereinafter referred to as such or as "this code." |
B.
Appendix B adoptions.
(1)
Section 6, Definitions, shall include the following:
| Section 6. Definition of "Authorized Emergency Vehicle." "Authorized emergency vehicles" shall be restricted to those which are defined and authorized under the laws of the State of New Jersey. |
(2)
Section 3.
| Section 3. Interference with Fire Department operations. It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation. |
(3)
Section 4.
| Section 4. Compliance with orders. A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or to interfere with the compliance attempts of another individual. |
(4)
Section 5.
| Section 5. Vehicles crossing firehose. A vehicle shall not be driven or propelled over any unprotected firehose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of said operation. |
(5)
Section 9.
| Section 9. Unlawful boarding or tampering with Fire Department emergency equipment. A person shall not, without proper authorization from the fire official in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or to manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle. |
(6)
Section 10.
| Section 10. Damage, injury — Fire Department — equipment, personnel. It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time, or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties. |
(7)
Section 12.
[Amended 5-17-2011 by Ord. No. 1649]
| Section 12. Blocking fire hydrants and Fire Department connections. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire-suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property. | |
| The owner, owners and/or lessees of any real property in the Township upon which a fire hydrant is located shall maintain the area within a five-foot radius of the perimeter of such fire hydrant to ensure that such area is free of snow and/or vegetation. The requirement of this section shall be completed by the responsible party no later than 12 hours after any natural obstruction such as snow and/or vegetation shall be located within the five-foot radius from the fire hydrant. Failure to maintain the clear five-foot radius within the time required above shall constitute a violation pursuant to § 115-8 below. | |
| If, upon the expiration of the time mentioned in a notice of violation, obstructions, snow, vegetation or encroachments are not removed, the fire official shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the fire official and with the approval of the chief administrative official, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs. |
(8)
Section 13.
| Section 13. Hydrant use approval. A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the fire official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction. |
(9)
Section 14.
| Section 14. Public water supply. The fire official shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the fire official. |
(10)
Section 16.
| Section 16. Maintenance of fire suppression equipment. A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the fire official. Whenever a fire appliance is removed, as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the fire official. |
(11)
Section 18.
| Section 18. Street obstructions. A person or persons shall not erect, construct, place or maintain any bumps, 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 the chapter shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality. |
The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant.
Whenever the Chief of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Bureau of Fire Prevention to the Wyckoff Township Committee within 30 days from the date of the decision appealed.
The Wyckoff Building Inspector, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
[Added 2-19-1974 by Ord. No. 701]
The fee for any permit required for said Fire Prevention Code shall be in the sum of $2 and shall be paid to the Township Clerk.
[Amended 6-19-1984 by Ord. No. 927]
A.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Wyckoff Township Committee or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be punishable by a fine not exceeding $500 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically or impliedly repealed by this chapter.
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare of the community. Said provisions shall be deemed cumulative, and in the event of a conflict, the provision which is most strict shall apply.
