[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-17-1981 by Ord. No. 714]
There is hereby adopted for the Borough of Oradell,
under the authority of N.J.S.A. 40:49-5.1, for the purpose of providing
rules and regulations governing fire prevention, a certain code entitled
the "BOCA Basic Fire Prevention Code, Fifth Edition, 1981," which
is published and promulgated by the Building Officials and Code Administrators
International, Inc., of which code three copies have been and now
are filed in the office of the Borough Clerk and will remain on file
there until final action is taken on said ordinance, for the use and
examination of the public, and the same is hereby adopted and made
part of this article as fully as if set forth at length therein. The
terms of said code are adopted in full except as additional sections,
deletions or amendments are hereinafter set forth.
[Adopted 9-17-1985 by Ord. No. 778; amended
in its entirety 1-2-2014 by Ord.
No. 13-12]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383, N.J.S.A. 52:27D-192 et seq.) the New Jersey Uniform
Fire Code shall be locally enforced in the Borough of Oradell.
The local enforcing agency shall be the Oradell Fire Prevention
Bureau, which is hereby created in the Borough of Oradell.
The Oradell 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 Oradell, other than 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, the Uniform
Fire Safety Code, and this article.
The Oradell Fire Prevention Bureau shall carry out annual inspections
of life hazard uses as required by the Uniform Fire Code on behalf
of the Commissioner of Community Affairs.
The Oradell Fire Prevention Bureau shall be an office within the Borough of Oradell and shall be under the direct supervision and control of the Fire Marshal. All employees of this office shall report to the Borough Administrator in accordance with Borough of Oradell Code § 47-14.
A.
Appointment of the Fire Marshal. The Oradell Fire Prevention Bureau shall be under the supervision of the Fire Marshal, who shall be appointed by the governing body of the Borough of Oradell according to all applicable state laws and statutes contained in Subchapter 5:71 of the New Jersey Uniform Fire Code. The term of appointment shall be for one year from January 1 through December 31. Should any vacancy occur, the vacant position shall be filled for the unexpired term. (See Subsection C, Removal from office.)
B.
Inspectors and employees. Such inspectors and other employees as the Oradell Fire Prevention Bureau may recommend as necessary to properly carry out its responsibilities may be appointed by the governing body in consultation with the Fire Marshal. Appointment shall be made in accordance with all applicable state laws and statutes contained in Subchapter 5:71 of the New Jersey Uniform Fire Code. The term of appointment shall be for one year from January 1 through December 31. Should any vacancy occur, the vacant position shall be filled for the unexpired term. (See Subsection C, Removal from office.)
C.
Removal from office. Any employee of the Oradell Fire Prevention
Bureau shall be subject to removal by the governing body of the Borough
of Oradell for inefficiency or misconduct. Each employee shall be
afforded a hearing subsequent to his suspension/removal and in accordance
with the rules and regulations of the Department of Community Affairs,
all applicable statutes of the State of New Jersey, and all personnel
policies of the Borough of Oradell. During a suspension, the governing
body shall make arrangements with a duly certified fire official to
carry out the terms and enforcement of the fire code in the Borough
of Oradell.
A.
The Fire Marshal shall be responsible for the operation and administration
of the Fire Prevention Bureau.
B.
The Fire Marshal shall conduct the operations of the local enforcing
agency in accordance with applicable federal, state, and local statutes.
C.
The Fire Marshal shall prepare an annual audit report for the New
Jersey Division of Fire Safety as required under N.J.A.C. 5:71-2.6(a)2(i)
detailing the annual activities of the Fire Prevention Bureau; copies
of this report shall be provided to the Borough Administrator. The
Borough Administrator shall then distribute copies of the report to
the local governing body.
D.
The Fire Marshal shall ensure all required annual inspections of
designated life hazard uses within the Borough of Oradell are completed.
E.
The Fire Marshal shall attend enhancement seminars as necessary to
maintain their certification valid and to stay informed on changing
codes and processes.
F.
The Fire Marshal shall implement, promote and support community based
fire safety education within the Borough of Oradell.
A.
Appointed Fire Inspectors shall conduct firesafety inspections, investigate
complaints, conduct fire investigations as assigned by the Fire Marshal
and support all functions of the Oradell Fire Prevention Bureau.
B.
Fire Inspectors shall possess and maintain certification as a Fire
Official in accordance with N.J.A.C. 5:71 of the New Jersey Uniform
Fire Code.
C.
Fire Inspectors shall promptly prepare written reports of any inspections
and forward such to all involved parties including the prompt submission
of all reports to the Fire Marshal.
D.
Fire Inspectors may be required to be on call at the direction of
the Fire Marshal within the guidelines established by the Oradell
Fire Prevention Bureau
E.
Fire Inspectors shall attend enhancement seminars as needed to maintain
their certifications current and to stay informed of code changes.
F.
Fire Inspectors shall assist in the implementation, promotion and
support of community-based firesafety education within the Borough
of Oradell.
All employees of the Oradell Fire Prevention Bureau shall work
a schedule established by the Fire Marshal and approved by the Borough
Administrator.
A.
All owners of all commercial, mixed occupancy, multiple-family and
non-owner-occupied one- and two-family dwellings shall register with
the Oradell Fire Prevention Bureau within 30 days of taking ownership
of the property. Any property owner failing to register shall be subject
to a penalty of $150.
B.
All new tenants, lessees, or occupants of any commercial occupancy
shall register with the Oradell Fire Prevention Bureau within 30 days
of obtaining a certificate of occupancy or certificate of continuing
occupancy from the Oradell Building Department. Any tenant, lessees
or occupant failing to register shall be subject to a penalty of $150.
[Amended 5-26-2015 by Ord. No. 15-4]
A.
The Oradell Fire Prevention Bureau shall perform inspections and
complaint investigations of all occupancies within the Borough of
Oradell with the exception of owner-occupied one- and two-family dwellings
used exclusively for dwelling purposes and apply the regulations of
this article and the Uniform Fire Code to the aforementioned facilities.
[Amended 5-26-2015 by Ord. No. 15-4]
B.
Failure to obtain any required permit shall result in a penalty equal
to the amount of the original fee.
C.
All fees collected pursuant to this section shall be paid into the
Borough of Oradell treasury and shall thereafter be appropriated to
the Fire Prevention Bureau for the enforcement of the Uniform Fire Safety Act.
The key vault shall be installed in compliance with the following
requirements for installation criteria:
A.
Installation cost shall be the sole responsibility of the building
owner.
B.
The key vault shall be installed in a prominent and viewable location
near the main entrance of the building approved by the Oradell Fire
Prevention Bureau.
C.
The key vault, when practical, shall be installed approximately six
feet above grade and no more than eight feet above grade.
D.
The building owner shall be responsible for installation of the key
vault in accordance with the manufacturer's instructions and
specifications.
E.
Buildings which (either due to size, design or occupancy) have multiple
public entrances shall install the key vault at a location specified
by the Oradell Fire Prevention Bureau and shall place an approved
reflective sticker on all remaining doors, indicating that the premises
are equipped with a rapid-entry system.
The current edition of the New Jersey Uniform Fire Code, as
amended and supplemented, is hereby adopted, subject to the following
modifications in accordance with N.J.A.C. 5:71-2.8:
A.
No person or persons shall erect, construct, place or maintain any
bumps, humps, 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 this article, 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.
B.
Decorative material may not obstruct, obscure, or in any manner diminish
the effectiveness of any fire protection system, equipment, or device.
Decorative material may not cover any fire exit access door or corridor
and shall not breach the threshold of a smoke or fire barrier.
C.
The sale of seasonal nursery stocks, trees, wreaths and related articles
must be accompanied by a firesafety permit.
D.
No nursery stocks, trees, wreaths or related articles shall be displayed
or stored within 25 feet of a gasoline tank or other combustible storage
tanks. Such displays shall be restrained or held in place by ropes
or cable.
E.
If the possibility of unauthorized use after being sealed exists,
the Fire Marshal may affix lockout devices or seals onto the device
and/or power source to prevent such use. It shall be a violation of
this article for any person(s), agent, or employee to remove, destroy,
or otherwise defeat the protective device except for the purpose of
conducting authorized repairs. Before the appliance is placed back
into service, suitable reinspection, including performance demonstration,
will be required by the Fire Marshal. Any expenses associated with
such demonstration shall be the responsibility of the appliance owner.
F.
When, in the opinion of the Fire Marshal, a kitchen hood suppression
system does not conform to current standards for life and property
protection, he may order additional devices to increase surface protection,
remote manual pull stations, or automatic fuel-shutoff valves installed.
G.
Any person smoking in a building or area posted with a conspicuous
no smoking sign may receive a summons immediately without previous
verbal or written warning. A penalty of no less than $100 shall be
issued.
H.
All doors providing access to the rear of any occupancy shall be
marked, at the discretion of the Fire Marshal, with the name of the
occupancy and street name and number.
I.
No person shall cause, suffer, allow or permit open burning of refuse
or plant life, nor conduct a salvage operation with the use of open
burning except for the limited purpose of outdoor cooking where done
with equipment or fireplace designed for such purpose and in a manner
not offensive to persons in the vicinity thereof. A penalty of no
less than $100 may be issued without previous verbal or written warning
if such action described above occurs.
J.
It shall be the responsibility of any contractor, maintainer, or
building representative to notify all tenants, occupants, staff, Oradell
Police Department, the Fire Department communications center and the
Fire Prevention Bureau prior to performing any tests, repairs, or
other work that could cause the activation of, or render any component
of any fire protection system out of service. A penalty of no less
than $250 may be issued without previous verbal or written warning
for failure to make all notifications described above.
K.
All new and existing fire alarm systems requiring a code to access
system functions, such as reset and silence, shall utilize the Borough
of Oradell Fire Department identification number "0244." Any system
which requires a code in excess of four digits shall utilize a code
approved by the Fire Marshal.
L.
It shall be a violation for any person, owner, tenant, employee,
or agent to reset, deactivate, or reduce the effectiveness of any
fire alarm or suppression device prior to the arrival of the Oradell
Fire Department. A penalty of no less than $250 may be issued without
previous verbal or written warning if such action described above
occurs.
M.
All new and existing buildings that contain a Fire Department sprinkler/standpipe
connection shall be equipped with a vandal-resistant cap as approved
by the Fire Marshal. Such caps shall be installed at the expense of
the building owner after receiving written notice of compliance requirement.
It shall be a violation of this code for any person or agency to remove,
defeat, vandalize, or steal such protective cap.
N.
All partial area sprinkler systems with a Fire Department connection
shall have a sign located at the Fire Department connection stating
the area of protection for that premises.
O.
All Fire Department sprinkler and stand pipe connections shall have
a red light located a minimum of five feet above the connection and
be visible from the main street side of the building. The red light
shall remain illuminated 24 hours per day. The fixture shall be a
pendant style and design approved by the Fire Marshal and shall consist
of a red globe illuminated by a long-life white bulb with an average
life greater than 3,000 hours and providing no less than 800 lumens.
P.
No person shall operate any fire hydrant without the express written
permission of the Fire Marshal and the water company having jurisdiction.
Exception: use by any person employed by the Borough of Oradell or
United Water or authorized by the United Water for such use. No use
shall hinder or reduce the firefighting capability of a fire hydrant.
A penalty of no less than $250 may be issued without previous verbal
or written warning if such action described above occurs.
Q.
The Fire Marshal may require a commercial business to provide a written
emergency response plan that details the procedures that will be used
to ensure maximum public safety in the event of an emergency.
R.
All building owners and commercial occupants shall complete and submit
an emergency contact form approved by the Oradell Fire Prevention
Bureau.
S.
Where, in the opinion of the Fire Marshal, a potential for repeated
violations of aisle or storage requirements exists the person responsible
for such storage may be required to maintain permanent durable markings
on the floors or walls of such areas to delineate aisles and passageways.
A.
Authority of the Fire Marshal. The Fire Marshal, or his duly authorized
representative, as may be present at the scene of a fire or other
emergency endangering life and/or property loss, is empowered to direct
such fire prevention and investigation operations as may be necessary
to ensure prompt and unhindered intervention and operation of the
fire department at the scene. The Fire Marshal may prohibit any person,
vehicle, or object from approaching the scene and may remove or cause
to be removed any person, vehicle, or object that may impede or interfere
with the operations of the fire department or a fire scene investigation.
B.
Fire watch and protective standby. 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
watch to be performed by trained personnel from the ranks of the Fire
Prevention Bureau and/or the Oradell Volunteer 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 person responsible for creating such hazard and shall be paid
within 30 days of receiving written proof of cost and man-hours. Uncollected
monies are subject to collection through the municipal court and the
Penalty Collection Act (N.J.S.A. 2A:58-1). The decision of the Fire
Marshal shall be final in matters of immediate life safety or property
loss.
C.
Compliance with orders. No person shall willfully fail or refuse
to comply with any lawful order or direction of the Fire Marshal during
fire prevention enforcement, investigations or interfere with the
compliance attempts of another individual.
D.
Relief from personal responsibility. The Fire Marshal or employee
charged with the enforcement of this code, while acting for the jurisdiction,
shall not thereby be rendered liable personally, and is hereby relieved
from all personal liability for any damage accrued to persons or property
as a result of any act required or permitted in the discharge of official
duties. Any suit instituted against any officer or employee because
of an act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the jurisdiction until the final termination
of the proceedings. The Fire Marshal or any subordinate shall not
be liable for costs in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code; and any agent acting
in good faith and without malice, shall be free from liability for
acts performed under any of its provisions or by reason of any act
or omission in connection with the performance of official duties.
Any additional provisions included within the Borough of Oradell's
Local Indemnification Ordinance[1] shall apply to this subsection.
E.
Jurisdictional liability. The jurisdiction shall not be liable under
this code for any damage to persons or property, by reason of the
inspection or reinspection of structures or equipment authorized herein,
or failure to inspect or reinspect such structures or equipment or
by reason of the approval or disapproval of any structure or equipment
authorized herein.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any action of the local enforcing agency shall
have the right to appeal to the Bergen County Construction Board of
Appeals.
