[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River 3-30-2023 by Ord. No. 2-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 51,
Fire Prevention; Art. I, Administration, adopted 7-11-1985, as amended
; Art. II, Smoke Detectors, Carbon Monoxide Detectors and Fire Extinguisher
Compliance, adopted 10-3-1991, as amended; and Art. III, Fire Prevention
Fees, adopted 1-14-1998, as amended.
A.Â
The Uniform Fire Safety Act, N.J.S.A. 52:27D-192, et seq. ("the Act"),
was enacted for the purpose of establishing a system for the enforcement
of minimum fire safety standards throughout the State of New Jersey.
B.Â
The Act authorized municipalities to provide for local enforcement
and to establish local enforcement agencies ("LEAs") to accomplish
that purpose.
C.Â
The Mayor and Council hereby determine it is in the best interest
of the Borough of Upper Saddle River to have the Act enforced locally
by the adoption of this chapter as permitted pursuant to N.J.S.A.
52:27D-202.
The local enforcing agency shall be the Bureau of Fire Code
Enforcement.
The local enforcing agency shall enforce the Act and the codes
and regulations adopted thereunder in all buildings, structures, premises,
and places within the established boundaries of Upper Saddle River,
other than owner-occupied one- and two-family dwellings, and shall
faithfully comply with the requirements of the Act and the Uniform
Fire Code.
The local enforcing agency established by § 51-2 of this chapter shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The Bureau of Fire Code Enforcement established pursuant to § 51-2 shall be under the direct supervision and control of the Bureau Chief who shall report to the Borough Administrator.
A.Â
Appointment of the Bureau Chief. The Bureau Chief shall be appointed
by the Borough Council of the Borough of Upper Saddle River. The Bureau
Chief shall be certified by the State of New Jersey as a Fire Official.
B.Â
Inspectors and employees. Such inspectors and other employees as
may be necessary in the local enforcing agency shall be appointed
by the Borough Council of the Borough of Upper Saddle River from a
recommendation provided, in writing, by the Bureau Chief and the Borough
Council.
C.Â
Terms of office. The terms of office for the Bureau Chief and inspectors
shall be for a period of three years, effective January 1 to December
31 annually. Any vacancy of the Bureau Chief shall be filled for the
unexpired term.
D.Â
Removal from office. The inspectors and other employees of the enforcing
agency shall be subject to removal by the Bureau Chief for inefficiency
or misconduct. The inspector or employee to be removed shall be afforded
an opportunity to be heard by the appointing authority or by a designated
hearing officer.
E.Â
Identification. All inspectors will be provided with proper identification,
which he or she will be required to wear on all assigned inspections
within the Borough of Upper Saddle River. Proper identification shall
consist of a department-issued badge and Borough-issued photo ID.
Pursuant to Sections 15 and 17 of the Act, any person aggrieved
by any order of the local enforcement agency shall have the right
to appeal to the Construction Board of Appeals of Bergen County.
The application fee for a permit shall be as follows: the permit
types shall be known as defined in the Uniform Fire Code:
Type
|
Fee
|
---|---|
Type 1
|
$70
|
Type 2
|
$175
|
Type 3
|
$350
|
Type 4
|
$497
|
A.Â
Inspection and fees. In addition to the inspections and fees required
pursuant to the Act and the regulations of the Department of Community
Affairs, the following additional annul inspections and fees shall
be required. To provide a fire inspection service for all places described
herein located with the Borough of Upper Saddle River, not classified
as a life-hazard use, the following inspection fees are required (all
calculations of gross area shall be rounded to the nearest square
foot):
Type
|
Fee
|
---|---|
USR-1 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 1,499
square feet in gross area
|
$70
|
USR-2 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 3,499
square feet in gross area
|
$100
|
USR-3 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 6,999
square feet in gross area
|
$120
|
USR-4 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 9,999
square feet in gross area
|
$140
|
USR-5 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 11,999
square feet in gross area
|
$160
|
USR-6 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 14,999
square feet in gross area
|
$180
|
USR-7 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 17,999
square feet in gross area
|
$200
|
USR-8 Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor, or any other business use up to 18,000
square feet in gross area
|
$300
|
B.Â
Occupied residential homes, apartment buildings, multiple-family
dwellings, and condominium complex structures:
USR-9. Up to 2 units
|
$70
|
USR-10. 3 to 5 units
|
$100
|
USR-11. 6 to 10 units
|
$120
|
USR-12. 11 to 20 units
|
$175
|
USR-13. 21 to 39 units
|
$200
|
USR-14. 40 or more units
|
$300
|
C.Â
Certificate of smoke detector, carbon monoxide alarm and fire extinguisher
compliance certification. Before any residential structure, unit,
apartment, condo, or townhouse is sold, leased, or otherwise made
subject to a change of occupancy for residential purpose, the owner
shall obtain a certificate of compliance from the Bureau of Fire Code
Enforcement. An application shall be completed, and the property fee
paid prior to the scheduling of an inspection. Carbon monoxide alarm
detectors shall be installed in all dwelling units. As defined in
N.J.A.C. 5:70-4.19, a carbon monoxide alarm detector shall be installed
and maintained on each level of the premises and outside of each separate
sleeping area.
D.Â
As set forth in N.J.S.A. 52:27D-198.1, smoke detectors shall be installed
in each dwelling unit with a minimum of one smoke detector on each
level and outside each separate sleeping area in the immediate vicinity
of the bedrooms and located on or near the ceiling in accordance with
the National Fire Protection Association Standards No. 74-1984 for
the installation, maintenance and use of household fire warning equipment.
A floor area separated by three or more risers from another floor
area shall be considered a separate level. Where a basement exists,
a smoke detector shall be installed on the basement ceiling. Smoke
detectors shall not be required in an unoccupied attic. To achieve
compliance with this article, smoke detectors are required to be approved
by (UL) Underwriters Laboratories.
E.Â
A portable fire extinguisher shall be installed in all dwelling units,
as defined in N.J.S.A. 52:27D-198.1. Any property that is sold, leased
or otherwise made subject to a change of occupancy for residential
purposes shall have a fire extinguisher, which shall comply with the
following requirements:
G.Â
All municipal, Board of Education, religious buildings, structures
and uses and premises shall be exempt from inspection fees. This does
not exempt the above from filing any required inspection forms nor
from any of the above requirements related to fire safety inspections
and applicable Fire Code regulations.
H.Â
Cyclical inspection fees (once every five years, or as required by
Fire Code or Housing Code). Inspections performed on a cyclical basis
shall follow the fee schedule provided below:
Type
|
Fee
|
---|---|
USR-9. Up to 2 units
|
$140
|
USR-10. 3 to 5 units
|
$200
|
USR-11. 6 to 10 units
|
$240
|
USR-12. 11 to 20 units
|
$350
|
USR-13. 21 to 39 units
|
$400
|
USR-14. 40 or more units
|
$600
|
A.Â
Systems out of service. Where a required fire protection system is
out of service, the Fire Department and the Bureau Chief shall be
notified immediately, and if the Bureau Chief determines that an imminent
hazard exists, the building shall be evacuated or an approved fire
watch shall be provided for all occupants left unprotected by the
shutdown until the fire protection system has been returned to service.
In addition, an agreement to provide a fire watch may be entered into
between a representative of the property owner and the Bureau Chief
in those circumstances where such fire watch is deemed necessary in
the sole and exclusive discretion of the Bureau Chief.
B.Â
Fire services. Members of the Fire Department may be available for
service as fire watch personnel only at such times as will not interfere
with the efficient performance of emergency duty for the Borough,
with the approval of the Fire Chief and Fire Official. The application
for such services shall be made known to the Borough Administrator
and the Chief Financial Officer, either in writing or verbally. The
application for fire watch by the appropriate building representative,
as required by the Bureau Chief, shall set forth pertinent information
concerning the location of the fire watch, the number of service personnel,
and estimated duration of such services. In the event the application
for services that such outside employment will interfere with a member's
performance or compromise a member's position with the Borough
through a conflict of interest or if there is any reasonable probability
that the service requested would reflect unfavorably upon the firefighter
or the Fire Department, the Bureau Chief shall consult the Borough
Administrator.
C.Â
Payment.
(1)Â
Upon receipt of an application for such services and approval of
same by the Bureau Chief, the Chief Financial Officer and the building
representative shall execute an agreement to perform fire watch coverage
on the form provided by the Bureau Chief, which shall provide, inter
alia, for the building representative to pay to the Treasurer of the
Borough a certain amount in cash, check or money order as is set forth
herein or as may be fixed from time to time by resolution of the Borough
Council as compensation for such services.
(2)Â
The rate of compensation to the Borough shall be determined based
upon the fixed amount of pay, with an additional 20% surcharge of
the total amount billed to cover administration, insurance, equipment
and other related costs (for example, $35 + 20% = $42 per hour payment
for such services per firefighter). The total amount of the cost to
perform fire watch duty shall be paid to the Borough within 15 days
after such duty has been performed.
D.Â
Collection of fees.
(1)Â
The Bureau Chief or his designee shall be responsible for the collection
of the aforesaid fees and shall maintain an accurate accounting thereof
and shall turn these funds over to the Borough Treasurer as prescribed
by state requirements.
(2)Â
The Borough Treasurer then shall present a monthly accounting report
to the Mayor and Council.
Fire report fees, per copy, are as follows:
Type
|
Fee (Per Copy)
|
---|---|
Copy(ies) of fire investigation reports
|
$25
|
Photos provided
|
$25
|
Copy(ies) of NFIRS reports (National Fire Incident Report)
|
$10
|
All other document(s) per copy
|
$1.50
|
A.Â
In all structures served by an internal automatic fire detection
or suppression system, where access to the structure or within the
structure or an area is unduly difficult because of secured openings,
or where immediate access is necessary for lifesaving or for firefighting
purposes, the Bureau Chief may require a key box to be installed in
an accessible location to the Fire Department. The key box shall be
a type approved by the Bureau Chief, so that all key access to this
type within the Borough of Upper Saddle River may be accomplished
with one system. The key box shall contain keys to gain necessary
access as required by the Bureau Chief.
B.Â
Installation of the key box shall be in accordance with specifications
maintained and approved by the Bureau Chief as required. The Bureau
Chief shall have the authority to implement a uniform system throughout
the Bureau so that access to the designated key boxes may be accomplished
by the utilization of one uniform key system.