This chapter shall be known and cited as the "Fire Prevention
Code of the Township of West Milford" and is herein referred to as
the "code."
Adoption and local enforcement of the State of New Jersey Uniform
Fire Code:
A. Local enforcement. Pursuant to Section 11 (N.J.S.A. 52:27D-202) of
the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform
Fire Code shall be locally enforced in the Township of West Milford.
B. Local enforcing agency. The local enforcing agency shall be the Division
of Fire Prevention in the Township of West Milford Department of Public
Safety. The Fire Marshal shall serve as Chief of the Division of Fire
Prevention.
C. Duties. The local enforcement agency 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 Township of West Milford, except owner-occupied one- and two-family
dwellings used exclusively for dwelling purposes, and shall faithfully
comply with the requirements of the Uniform Fire Safety Act and the
Uniform Fire Code.
D. Life hazard uses. The local enforcing agency established by Subsection
B of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
E. Organization. The local enforcing agency established by Subsection
B of this section shall be under the direct supervision and control of the Fire Marshal, who shall report to the Director of Public Safety.
F. Legal counsel. The Township Attorney shall provide legal counsel
to the Division of Fire Prevention pursuant to N.J.A.C. 5:70 et seq.
A red light shall be illuminated 24 hours per day over any Division
of Fire Prevention connection. In such suppression systems that have
siamese connections supply zoned areas of suppression, the red light
shall flash intermittently over the siamese connection of the activated
zone. The rate of flash shall not be less than 60 flashes per minute.
Any person aggrieved by any order of the local enforcement agency
shall have the right to appeal to the Construction Board of Appeals
of Passaic County.
Permit fees, smoke detector inspection and reinspection fees and annual inspection fees are set forth in Chapter
135, Fees and Costs.
[Amended 4-19-2023 by Ord. No. 2023-009]
A. Penalties and enforcement shall be as provided for in the Uniform
Fire Code.
B. False alarms.
(1) The following penalties shall be assessed for false alarms occurring
within a one-year time period:
(a)
First two alarms: warning only.
(d)
Fifth through seventh alarm: $400.
(e)
Over seven alarms: $1,400.
(2) The failure to pay a penalty assessed under this section within 30
days of the occurrence shall be deemed a violation of this chapter.
(3) All penalties collected pursuant to this section shall be placed
in the Division of Fire Prevention trust account.
C. Blocking, interfering, tampering with suppression equipment. Blocking
access, interfering, tampering with or causing malicious damage to
any fire alarm, suppression system, fire communications system, fire
detection, first-aid firefighting system, device, unit or part thereof
shall result in a mandatory fine of $500 per violation. During an
actual alarm, such a violation shall result in a mandatory fine of
$1,000 per violation. Fines shall remain in effect until conditions
are deemed corrected by the Fire Marshal. Failure to comply shall
result in an issued summons to appear in court.
Whenever a determination is made by the Fire Marshal that an
increased potential of fire, life, or property loss is present at
any building, there may be ordered a protective fire watch to be performed
by trained personnel from the ranks of the Division of Fire Prevention
or Fire Department. The requirement for such watch shall consider
the status of occupancy and use, fire protection equipment, structural
damage from fire or accident, and the potential for fire from all
sources. The cost for this watch shall be borne by the owner of the
involved property or the persons responsible for creating such hazard
and shall be paid within 30 days of received written proof of cost
and personnel hours. Uncollected fees are subject to the jurisdiction
of the Township Municipal Court and may be pursued through the Penalty
Collection Act.
Building or tenant areas that are not occupied shall be inspected by the Division of Fire Prevention. An annual non-life hazard inspection fee may be assessed on the building or premises based upon the building type and hazard. Such charges are reflected in §
135-17 of this code.
[Added 7-12-2023 by Ord. No. 2023-008]
A. Purpose. A rapid entry key lock box shall be installed on all commercial
buildings and multifamily dwellings in accordance with the following
requirements.
B. Applicability. The following buildings shall be subject to the provisions
of this section:
(1) All buildings having an automatic fire detection or suppression system
or buildings where visual inspection for the presence of fire is obstructed
or buildings of life hazard use or when in the opinion of the Fire
Marshal there is a need for immediate access in the event of fire.
(2) All multiple dwelling buildings, which contain more than two units,
and which include any common area between the individual units, and
which common area is locked from the outside of the building.
C. Rapid entry key system types.
(1) All rapid entry key lock boxes shall be UL (Underwriters Laboratories)
certified, Knox-Box® brand, or equivalent and approved by the
Fire Marshal.
(2) All rapid entry key lock boxes shall be maintained with up-to-date
keys and building information. This shall be the responsibility of
the building and/or business owner.
D. Exemptions. Excluded from the requirements of this section are one-
and two-family dwellings identified and defined by the Uniform Construction
Code, N.J.A.C. 5:23 et seq., as R-3 and R-4.
E. Location. The rapid entry key lock box shall be located at or near
the main entrance to the building or property. The key lock box shall
be mounted at a minimum height of five feet and a maximum of six feet
above final grade.
F. Key lock box contents. The key lock box shall contain labeled keys,
easily identified in the field, to provide access into the property
and/or building and to any locked areas with said building and as
may be further directed by the Fire Marshal.
G. Violations and penalties. Penalties for violations of this section shall be imposed in the manner set forth in Chapter
1, Article
III, General Penalty, of the Township Code.