Editor's Note: The Uniform Fire Safety Act, N.J.S.A. 52:27D-192, et seq., provides for local enforcement of the Act and allows a municipality to adopt more restrictive provisions.
13-1.1. 
Enforcement of Code. Pursuant to N.J.S.A. 52:27D-202 of the Uniform Fire Safety Act, the Uniform Fire Safety Code shall be locally enforced in the Borough of Carlstadt, in conformity with the Fire Safety Act and the Rules and Regulations of the State Department of Community Affairs.
13-1.2. 
Local Enforcing Agency Designated. The local enforcing agency shall be the Bureau of Fire Safety in the Carlstadt Fire Department. The Bureau of Fire Safety shall enforce the New Jersey 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, other than owner-occupied one- and two-family dwellings and buildings, structures and premises owned or operated by the state, its agencies, departments or instrumentalities, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
13-1.3. 
Amendments to Code. The aforesaid Code is amended and changed in the following respects:
a. 
Whenever the word "Municipality" is used in the Code, it shall be held to mean the "Borough of Carlstadt."
b. 
Whenever the words "Corporation Counsel" are used in the Code, it shall be held to mean the "Borough Attorney."
c. 
No storage tank to be used for storing flammable liquids exceeding 50,000 gallons in capacity shall be erected or constructed in the borough.
d. 
The total gallon capacity of storage tanks to be used for storing flammable liquids shall at no time exceed 200,000 gallons within an area of 300 square feet, provided further that no one tank in such three-hundred-square-foot area shall have a capacity of more than 20,000 gallons.
e. 
Protective walls of fireproof construction shall be erected between all storage tanks to be used for storing flammable liquids, so as to be in such condition as to comply with the recognized standards and practices for the prevention of fire.
f. 
The limits in which storage of flammable liquids in outside aboveground tanks are prohibited are hereby established as all portions of the borough west of Route No. 17.
g. 
The limits in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as all portions of the borough west of Route No. 17.
h. 
The limits in which storage of explosives and blasting agents is prohibited are hereby established as the entire borough.
i. 
Limits in which bulk storage of liquefied petroleum gas is restricted are hereby established as all zones except the heavy industrial zone, as established by Chapter XXI, Zoning, of this revision.
j. 
The owner or operator of any building or structure that stores any highly toxic materials, poisonous gases or ethnology agents are required to have at their site, at their expense, any special equipment needed to handle these items, including, but not limited to, repair kits, special garments and antidotes.
13-1.4. 
Life-Hazard Uses. 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.
13-1.4.1. 
Registration, Fees and Inspections Required.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
Registration. All businesses and multiple-dwelling residential units within the Borough of Carlstadt shall register with the Bureau of Fire Safety in the Carlstadt Fire Department within 45 days of occupancy on a form provided by the agency. Failure to register will subject the owner of the business or multiple-dwelling residential building with a penalty of up to $1,000, issued by the Fire Official.
b. 
Life-hazard uses. The Bureau of Fire Safety shall carry out periodic inspections of life- hazard uses required by the Uniform Fire Code, on behalf of the Commissioner of Community Affairs.
c. 
Non-life hazard uses. In addition to the fees and inspections of life-hazard uses pursuant to the New Jersey Uniform Fire Code, the additional registration fees, and inspections relevant to non- life-hazard uses as set forth herein shall be required annually. Fees shall be billed in January and due no later than 60 days from the issuance of the bill. Late fees shall be imposed, which shall not exceed 1/2 the original registration fee.
d. 
Additional Registration Fees. All business, commercial, retail or other premises for which provision is not made for a permit under the code, shall be subject to the following registration fees:
1. 
Class A: up to 3,000 square feet: $65.
2. 
Class B: 3,001 to 5,000 square feet: $100.
3. 
Class C: 5,001 to 10,000 square feet: $175.
4. 
Class D: more than 10,000 square feet: $250.
5. 
Class E: multifamily units, non-owner-occupied: $50 per unit.
e. 
Square footage shall be calculated based upon gross floor areas of all floors, including basements.
13-1.5. 
General Prohibition. Accumulations of waste paper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot, alley, parking lot or open space. All weeds, grass, vines or other growth which endanger property if it should catch fire shall be cut down and removed by the owner or occupant of the property. All combustible rubbish, oily rags or waste material, when kept within a building, shall be stored in approved metal containers. Storage shall not produce conditions which, in the opinion and judgment of the Fire Official, will tend to create a nuisance or a hazard to the public health, safety or welfare.
13-1.6. 
Unsafe Conditions.
a. 
Whenever the Fire Official or any inspector shall find any building or other structure or premises which, because of its condition, want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguisher equipment, or by reason of age or dilapidated condition, or for any other cause is especially susceptible to fire and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in or upon any building or premises combustible or explosive matter, or flammable conditions dangerous to the safety of the building, the occupants thereof or premises, the officer shall order such dangerous condition to be remedied and such materials to be removed in accordance with recognized standards and practices for the prevention of fire.
b. 
Whenever the Fire Official or any inspector shall find in any building or upon any premises or other place combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any flammable materials especially susceptible to fire and which is so situated as to endanger persons or property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows apt to interfere with the operations of the Fire Department or egress of occupants in case of fire, the officer shall order the same to be removed or remedied forthwith.
13-1.7. 
Waiver of Provisions of Code. The Fire Official shall have the power to temporarily waive the enforcement of 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. Particulars of such action, when granted or allowed, and the decision of the Fire Official thereon, shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
13-1.8. 
Additional Inspections. In addition to the inspections required pursuant to the Fire Safety Act and the regulations of the Department of Community Affairs, there shall be such additional inspections as required by the Code of the Borough of Carlstadt, except where such provisions are less stringent than the Act and the Rules and Regulations of the Department of Community Affairs.
The owner or operator of any building or structure that stores any highly toxic materials, poisonous gases and/or ethnology agents are required to have at their site, at their expense, any special equipment needed to handle these items, which would include, but not be limited to, repair kits, special garments and antidotes.
Permits or licenses shall be required from the Bureau of Fire Safety as hereinafter set forth:
13-3.1. 
Permits. A permit shall constitute permission to establish, maintain, store or handle materials or conduct processes which produce conditions hazardous to life or property.
13-3.2. 
Licenses. A license shall be the authority issued by the Bureau of Fire Safety, independently or jointly with any other municipal authority, for the conducting of a business, trade, occupation or calling for the calendar year. The license in each case shall run for a period of one year, commencing January 1 or the date of issuance, whichever is later, and ending December 31 of the year of issuance.
13-3.3. 
Fees. Fees in connection with the provisions of this chapter and the Fire Prevention Code shall be as set by N.J.A.C. 5:70-2.9(b) of the Uniform Fire Code, and set forth in Subsection 4-7.1 of this revision.
Pursuant to the provisions of N.J.S.A. 52:27D-206 et seq. of the Uniform Fire Safety Act, any person aggrieved by any order of the Bureau of Fire Safety shall have the right to appeal to the Bergen County Construction Board of Appeals.
Penalties for violations of this chapter shall be in conformity with the Uniform Fire Safety Act and the Rules and Regulations of the State Department of Community Affairs, where applicable. Otherwise, the provisions of Section 1-7 of this revision shall apply.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
Intent and purpose. Fire safety compliance has always been and continues to be a high priority for the Borough of Carlstadt. Borough officials frequently assess what can be done to assure the safety of all Borough residents. The Borough deems it necessary to implement fire watch procedures when there are substantial risks to life, safety and property, including when all or part of the required fire protection systems in Borough structures are intentionally interrupted for repairs and maintenance, not functioning properly, not functioning at all, or when they are damaged or destroyed by fire or other disaster. In certain circumstances detailed herein, the Fire Official, or his designee, is hereby authorized to order a fire watch for the affected structure in order to ensure continued safety of residents and/or occupants during this period.
b. 
Definitions.
FIRE WATCH
Is defined as a temporary measure, ordered by the Fire Official or his/her designated representative, intended to ensure continuous and systematic surveillance of a building or portion thereof, by one or more qualified individuals, for the purpose of reporting fires, controlling fires, effecting occupant evacuation, coordinating Fire Department response and other functions deemed appropriate by the Fire Official or Fire Chief.
c. 
Fire watch, when required. A fire watch may be ordered by the Fire Official or his designated representative under the following circumstances:
1. 
Required building fire protection systems are impaired or out of service;
2. 
An "imminent hazard," as defined by N.J.A.C. 5:70-2.16, exists;
3. 
Hot work or the use of an open flame during the performance of construction in an occupied building or the use of open flame or pyrotechnics before a live audience;
4. 
Any public or private event where more than 499 people are in attendance when required by the Fire Official or his/her designated representative. This shall be determined in coordination with the Fire Chief of the Carlstadt Fire Department;
5. 
A fire watch is requested by the building owner, tenant, or lessee;
6. 
Public and private events where 250 people or more are in attendance;
7. 
Any other condition or event that may pose unusual hazards or risk to the public or fire service when deemed necessary by the Fire Official or his/her designated representative.
8. 
A fire watch may include the maintaining of posted fire lanes, means of egress, posted occupancy loads, enforcement of no smoking in posted areas, building surveillance for signs of smoke or fire, checking for proper permits, inspecting for proper safety precautions of cooking equipment, and other functions as required by the Fire Official or his/her designated representative.
d. 
Fire watch personnel. Fire Watch Shall be performed by any of the following:
1. 
A member of the Carlstadt Fire Department;
2. 
Employees of the Borough of Carlstadt, Bureau of Fire Safety;
3. 
Firefighters or fire inspectors from any Fire Department that has a mutual aid agreement with the Carlstadt Fire Department;
4. 
In the event a required fire watch cannot be fulfilled with any personnel as detailed above, the Fire Official is permitted to fill the fire watch with other authorized personnel;
5. 
Fire watchers for the purposes of a fire watch shall report directly to the Fire Official or his/her designed representative.
6. 
In the event of a fire incident, the fire watchers shall report to the Fire Chief or Fire Department Incident Commander.
e. 
Terms. The Fire Official or his/her designated representative shall stipulate the terms and duration of the fire watch, including, but not limited to:
1. 
Staffing requirements;
2. 
Equipment needs;
3. 
Additional or secondary fire protection based on the specific conditions requiring the fire watch.
f. 
Fees. Fire watch services authorized and/or required by this section and deemed necessary by the Fire Official or his/her designated representative shall be subject to the following:
1. 
A fire watch shall be paid for by the building owner, tenant, lessee, or organization for which the fire watch is requested and/or required, as appropriate;
2. 
All fire watch services not incurred by the Borough of Carlstadt shall be paid at the rate of $45 per hour per person;
3. 
There shall be a minimum payment of four hours per person;
4. 
There shall be a $25 per hour fee for the use of each Borough vehicle utilized;
5. 
An administrative fee of 15% shall be added to the total hourly compensation;
6. 
All payments shall be made within 10 days after service is provided;
7. 
Payments shall be made payable to the Borough of Carlstadt.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
Existing buildings that do not have approved radio coverage for public safety within the building, based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:
1. 
Where an existing wired communication system cannot be repaired or is being replaced, or where not approved by the Fire Official.
2. 
Where minimum signal strength measurements in 95% of all areas on each floor of the building do meet the signal strength requirements in paragraphs a2(a) and (b) below.
(a) 
Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building.
(b) 
Minimum signal strength out of the building. A minimum signal strength of -95 dBm shall be received by the Borough of Carlstadt Public Safety radio system when transmitted from within the building.
b. 
Exception: Where it is determined by the Fire Official or his/her designated representative that the radio coverage system is not needed.
[Added 1-1-2023 by Ord. No. 22-13]
A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment, for both newly constructed and existing buildings, is required as specified in IFC Section 105.7.5. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with the following:
b. 
Radio signal strength. The building shall be considered to have an acceptable emergency responder radio coverage when signal strength measurements in 95% of all areas on each floor of the building meet signal strength requirements in paragraphs b1 and 2 below.
1. 
Minimum signal strength into the building. A minimum signal strength of -95dBm shall be receivable within the building.
2. 
Minimum signal strength out of the building. A minimum signal strength of -95dBm shall be received by the Bureau of Fire Safety's radio system when transmitted from inside the building.
c. 
System design. The emergency responder radio coverage system shall be designed in accordance with the below paragraphs.
1. 
Amplification system allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with a radiating cable system, a distributed antenna system with Federal Communications Commission (FCC) certified signal boosters, or other system approved by the Fire Official in order to achieve the required adequate radio coverage.
2. 
Technical criteria. The Fire Official shall maintain a document providing technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, and other supporting technical information.
3. 
Standby power. The standby power supply shall be capable of operating the emergency responder radio system for a duration of not less than 24 hours.
4. 
Signal booster requirements. If used, the signal boosters shall meet the following requirements:
(a) 
All signal booster components shall be contained in a National Electrical Manufacturer's Association (NEMA) 4 type waterproof cabinet.
(b) 
Battery systems used for the emergency power source shall be contained in a National Electrical Manufacturer's Association 4 type cabinet.
(c) 
The signal booster system and battery system shall be electrically supervised and monitored by a supervisory service, or when approved by the Fire Official or designee, shall sound an audible signal at a constantly attended location.
(d) 
Equipment shall have Federal Communications Commission certification prior to installation.
5. 
Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the Federal Communications Commission or additional frequencies are made available by the Federal Communications Commission.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
The installation of the public safety radio coverage system shall be in accordance with the following:
1. 
Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the Federal Communications Commission shall not be installed without prior coordination and approval of the Fire Official.
2. 
Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following:
(a) 
A valid Federal Communications Commission-issued general radio operator's license.
(b) 
Certification of in-building system training issued by a nationally recognized organization, school or a certificate issued by a manufacturer of the equipment being installed.
3. 
These qualifications shall not be required where demonstration of adequate skills and experience satisfactory to the Fire Official or designee is provided.
4. 
Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the system tested to verify that two-way coverage on each floor of the building is not less than 90%. The test procedure shall be conducted as follows:
(a) 
Each floor of the building shall be divided into a grid of 20 approximately equal test areas.
(b) 
The test shall be conducted using a calibrated portable radio of the latest brand and model used by the Bureau of Fire Safety talking through the Bureau of Fire Safety's radio communication system.
(c) 
Failure of not more than two nonadjacent test areas shall not result in failure of the test.
(d) 
In the event that three of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than four nonadjacent test areas shall not result in failure of the test. If the system fails the forty-area test, the system shall be altered to meet the 90% coverage requirement.
(e) 
A test location approximately in the center of each test area shall be selected for the test, with radio enabled to verify two-way communications to and from the outside of the building through the public agency's radio communication system. Once the test location has been selected, the location shall represent the entire test area. Failure in the selected test location shall be considered failure of that test area. Additional test locations shall not be permitted.
(f) 
The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurement results can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values.
(g) 
As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by subject signal booster. The test shall be conducted at the time of installation and subsequent annual inspections.
5. 
Federal Communications Commission compliance. The emergency responder radio coverage system installation and components shall also comply with all federal regulations including, but not limited to, FCC 47 CFR Part 90.219.
[Added 1-1-2023 by Ord. No. 22-13]
a. 
The emergency radio coverage system shall be maintained operational at all times in accordance with the following:
1. 
Testing and proof of compliance. The emergency responder coverage system shall be inspected and tested annually or where structural changes occur, including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:
(a) 
In-building coverage test as described in Subsection 13-7.4a4.
(b) 
Signal booster shall be tested to verify that the gain is the same as it was upon initial installation and acceptance.
(c) 
Backup batteries and power supplies shall be tested under a load of a period of one hour to verify that they will properly operate during an actual power outage. If within the one-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional one-hour periods until the integrity of the battery can be determined.
(d) 
Other active components shall be checked to verify operation within the manufacturer's specifications.
(e) 
At the conclusion of the testing, a report, which shall verify compliance with this chapter shall be submitted to the Fire Official.
2. 
Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his/her expense in the event frequency changes are made by the FCC. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section.
3. 
Field testing. Bureau of Fire Safety personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage.
[Added 1-1-2023 by Ord. No. 22-13]
Any person or entity found to be in violation of the requirements of § 13-7 of this chapter shall, upon certification of said violation by the Borough of Carlstadt Fire Official, be subject to a penalty. Such penalties shall not exceed a rate of $1,000 a day per day for failure to abate the violation. If the violation is not remedied within three months, the certificate of occupancy for the building in violation may be revoked.
[Added 1-1-2023 by Ord. No. 22-13]
The applicant for a permit under this section shall be responsible for all fees for review and inspection of the radio amplification system incurred by the Borough's public safety radio engineer and/or the Borough's public safety radio engineer vendor and shall be charged the hourly rate approved by the Borough.
[Added 1-1-2023 by Ord. No. 22-13]
If any provision or portion of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated and shall remain in full force and effect.