[Adopted 6-11-1985 by Ord. No. 1334-85; amended
in its entirety during codification (see Ch. 1, General Provisions,
Art. IV)]
Pursuant to the provisions of N.J.S.A. 40:49-5.1
and N.J.S.A. 52:27D-192 et seq., known as the "Uniform Fire Safety
Act," and any additions or amendment thereto, there is hereby adopted
by the Borough of Fair Lawn for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion
and fixing penalties for violations thereof that certain code known
as "The New Jersey Uniform Fire Code" and the whole thereof, save
and except such portions as are hereinafter deleted, modified or amended.
These regulations as set forth herein shall be known as the "Fire
Prevention Code of the Borough of Fair Lawn," and herein referred
to as such or as "this code," and the same are hereby adopted and
incorporated as fully as if set out at length herein and from the
date on which this article shall take effect, the provisions thereof
shall be controlling within the limits of the Borough of Fair Lawn.
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C.
5:70-1 et seq.) shall be locally enforced in the Borough of Fair Lawn.
The Local Enforcing Agency shall be the Fair
Lawn Fire Department through its Fire Prevention Bureau which is hereby
created herein. The Fire Prevention Bureau shall hereinafter be known
as the "Local Enforcing Agency."
A.
The Local Enforcing Agency shall enforce this code
in all building, structures and premises within the established boundaries
of the Borough of Fair Lawn other than one- and two-unit owner-occupied
dwellings used exclusively for dwellings purposes and buildings, structures
and premises owned or operated by the federal government, interstate
agencies or the state.
B.
The Local Enforcing Agency shall faithfully comply
with all the pertinent requirements of the Uniform Fire Safety Act
and this code.
A.
The Fire Prevention Bureau, established by this article, shall be
under the direct supervision and control of the Fair Lawn Fire Marshal
who shall report to the Construction Official of the Fair Lawn Department
of Buildings and Inspections.
[Amended 5-12-2015 by Ord. No.
2351-2015]
B.
The Fire Prevention Bureau shall have at least one
paid inspector.
C.
Appointment and qualifications of Fire Marshal. Pursuant
to N.J.A.C. 5:71-3.2, the Fire Marshal shall be a Certified Fire Official/Fire
Inspector of the State of New Jersey. The Borough Manager shall appoint
a Fire Marshal from the membership of the Fair Lawn Fire Department.
D.
Appointment and qualifications of inspectors and other
employees.
(1)
Inspectors and other employees of the Agency shall
be appointed by the Borough Manager upon the recommendation of the
Fire Marshal. All Life Hazard Use Inspectors shall be Certified Fire
Inspectors of the State of New Jersey. An Inspector may be any present
or previous active member of the Fair Lawn Fire Department.
(2)
Fire Inspector. A Fire Inspector may be any present
or previous active member of the Fire Department who has successfully
completed the required training and is a State Certified Fire Inspector
and is registered with the New Jersey Department of Community Affairs
and has not reached his 76th birthday.
(3)
A Fire Inspector who has reached 70 years of age shall
be ineligible to hold the position or duties of an active regular
firefighter. The Fire Inspector position may be held as long as he
is participating in the Fire Prevention Bureau's inspection program
and must attend training courses required to retain certification
by the state. The Inspector will receive assignments from the Chief
Inspector of the Fire Prevention Bureau.
E.
Badge and identification card. The Fire Marshal and
all Inspectors shall be assigned a badge and identification card issued
by the Fire Prevention Bureau. Such badge and identification card
shall be carried and displayed at all times when carrying out assigned
duties. Such badge and identification card shall be returned to the
Fire Chief or Fire Marshal upon the conclusion of employment.
F.
Term of office. The Fire Marshal shall serve for a
term of three years. Any vacancy shall be filled for the unexpired
term.
G.
Removal from office. The Fire Marshal, Inspectors
and other employees of the Local Enforcing Agency shall be subject
to removal by the Borough Manager for just cause. Before removal from
office, all persons shall be afforded an opportunity to be heard by
the Borough Manager or a designated hearing officer.
H.
Life hazard uses. The Fire Prevention Bureau, established
by this article, shall carry out the periodic inspections of life
hazard uses as required by the Uniform Fire Code on behalf of the
Commissioner of the New Jersey Department of Community Affairs.
I.
Annual and monthly report of the Fire Prevention Bureau. The Fire
Marshal shall provide a monthly report to the Construction Official
and Fire Board. In addition, an annual report of the Fire Prevention
Bureau shall be provided to the Construction Official, Fire Board
and transmitted to the Borough Manager. Such reports shall contain
all proceedings under this code with such statistics as the Construction
Official or Fire Board may wish to include therein; the Construction
Official shall also recommend any amendments to the code which in
his/her judgment shall be desirable.
[Amended 5-12-2015 by Ord. No.
2351-2015]
Whenever the words "name of jurisdiction" are
used in the New Jersey Uniform Fire Code, it shall be held to mean
the Borough of Fair Lawn.
The Uniform Fire Code has been amended and additions
made as listed in the following respects:
A.
Inspection of heating boilers and equipment. To ensure
the safe operation of all boilers and heating equipment in the Borough
of Fair Lawn for the safety and welfare of the public and to prevent
fires and/or explosions of boilers and/or heating equipment, the Fire
Inspector shall check that a valid current annual boiler inspection
form is posted near the heating unit, as required by regulations of
the Worker's Compensation Act, N.J.S.A. 34:7-14 (administered by the
Mechanical Inspection Bureau of the Department of Labor). If an invalid
form is found, the Fire Official shall notify the appropriate enforcing
agency for corrective action.
B.
Fire protection systems. A "fire protection system"
is defined as any device, equipment or system utilized to detect a
fire, activate an alarm, suppress or control a fire, or any combination
thereof. To prevent false alarms and ensure proper maintenance of
fire protection systems:
(1)
Any person or organization having a fire protection
system in the Borough of Fair Lawn shall annually provide the Fire
Department and Police Department with the telephone numbers of persons
who can be reached 24 hours a day, seven days a week, in case the
fire protection system is activated.
(2)
Any location having more than one building in a complex,
but reporting the fire location as the main building location, shall
have an indicator panel showing the location of the building or area
where the fire protection system was activated.
(3)
Any fire protection system with an outside alarm,
audible or visual, used to indicate its activation, shall be marked
"FIRE ALARM - if activated, call 9-1-1" as directed by the Fire Marshal.
(4)
False fire alarms caused by a malfunctioning fire
protection system, nonmalicious person or circumstance shall be deemed
a violation of this code and subject to the penalties described herein.
In the case of a false alarm, any person having knowledge thereof
shall immediately notify the Fire Department. In addition, in the
case of such false alarms, the Fire and Police Departments shall cause
an investigation to be made and keep an annual record of said alarms
on file. For each such false alarm, the following penalties are prescribed:
for the first such false alarm in any given calendar year, a warning
shall be issued; for the second and third such false alarm in the
same year, a fine of $100; for the fourth and fifth such false alarm
in the same year, a fine of $300; for the sixth and subsequent such
false alarms, a fine of $500. The property owner, lessee or other
responsible party shall be liable for such fine as deemed by the Fire
Marshal.
C.
Access to fire hydrants. To ensure access to fire
hydrants in the Borough of Fair Lawn for the safety and welfare of
the public, a clear area of five feet must be maintained in all directions
from the hydrant as well as meeting the roadside parking requirements.
(1)
The owner or lessee of any property within five feet
of a fire hydrant shall be responsible to see that a five-foot clear
space is provided in all directions from the fire hydrant. The requirements
of this section shall be completed by the responsible party not later
than 12 hours after any natural obstruction such as snow shall prevent
access to the fire hydrant and within one hour of any other type of
obstruction.
(2)
Upon the failure of any person in maintaining the five feet clear space from all fire hydrants in accordance with Subsection C(1) hereof, the Fire Chief of the Borough of Fair Lawn may cause such space to be cleared in accordance with the provisions thereof, in which event all costs incurred by the municipality in connection therewith shall become a lien upon said lands and be added to and form a part of the taxes next to be assessed and levied thereon and shall be collected as other real property taxes.
D.
Elevators. Each elevator installed and maintained
in the Borough of Fair Lawn under the Uniform Construction Code shall
have a RED Fire Department emergency service control lock in the elevator
equipped to be operated by a key coded "Chicago Lock Co.G1617X." If
a second key system is required, that lock shall operate by a key
coded "Chicago Lock Co.G1601X." Any elevator equipped with a locking
key emergency service control operated by any other coded key shall
be modified to the above-listed keys within one year of the date of
the adoption of this section.
E.
Rapid entry system required.
(1)
The Fire Marshal, with the Fire Chief's concurrence,
may require a rapid entry system to be installed at any location where
immediate access is necessary to verify the existence of a fire or
other emergency in a building equipped with, or required to be equipped
with, a fire protection system and not normally occupied 24 hours.
The rapid entry system would allow the Fire Department to gain immediate
access without the need for forcible entry. All costs to purchase
and install the rapid entry system will be at the expense of the building
owner and must be ordered through the Fire Prevention Bureau.
(2)
The rapid entry system lockbox and location of its
installation will be subject to the approval of the Fire Marshal.
The Fire Department shall maintain possession of the only keys. The
Fire Marshal will be notified immediately when any of the related
locks are changed at the subject building, so that new keys can be
placed in the lockbox.
(3)
The key lock box shall only open with a key coded
"PS-41-084-10-88."
F.
Sprinkler alarm systems. It is recommended that each
separate sprinkler system (automatic fire suppression system) have
a separate location code sent to a central station, and have an external
indicating alarm. It is required that a maximum of three sprinkler
systems may use the same location code to a central station. A floor
plan of the building area showing the riser locations and the area
protected by each riser must be provided to the Fire Department.
G.
Open burning. The following provisions are general
provisions for precautions against fire to be applied to the use of
all properties. Any permitted burning must comply with "Control and
Prohibition of Open Burning by the New Jersey Department of Environmental
Protection New Jersey Air Pollution-Control Code," effective October
11, 1971, and all subsequent revisions thereof.
[Added 3-27-2001 by Ord. No. 1847-2001]
H.
Obstruction. No person shall at any time place an
encumbrance of any kind upon any kind of fire escape, balcony or ladder
intended as a means of escape from fire nor shall any person place
or maintain any obstruction or leave standing or park any automobile
or other vehicle in any driveway or alleyways liable to interfere
with the operation of the Fire Department or egress of occupants in
case of fire. Any vehicle parked or left standing in violation hereof
shall be deemed a nuisance and a menace to safety, and any member
of the Fire Department or Police Department of the Borough of Fair
Lawn may remove and store or cause said vehicle to be removed and
stored, and the owner thereof shall pay the reasonable costs for the
removal and storage which may result from such removal before regaining
possession of the vehicle. In addition to the foregoing, the person
who parked or left such vehicle standing in violation hereof shall,
upon complaint being made and upon conviction, be subject to the penalties
provided in this chapter.
[Added 3-27-2001 by Ord. No. 1847-2001]
I.
Exterior egress. All exterior stairways and fire escapes
shall be kept free of snow and ice. They shall be properly painted
and maintained in a safe condition at all times. The owners or lessees
of any property upon which there is a driveway or alleyway that is
or may be used for parking of vehicles which is liable to interfere
with the operation of the Fire Department or egress of occupants in
case of fire shall, within 10 days after notice is given to them therefor
by the Chief Inspector, procure and install appropriate signs approved
by the Police Chief and manager giving notice of the prohibition of
parking of vehicles or placing or maintaining any obstruction in any
such driveway or alleyway. In addition to any signs installed in accordance
herewith, the owners and lessees of said property, when further required
by the Chief Inspector, shall also cause word markings, colored yellow,
to be placed on the pavement within said driveway or alley containing
the following message "Fire Zone No Parking."
[Added 3-27-2001 by Ord. No. 1847-2001]
J.
Doors. During the period of occupancy, an egress door
shall not be locked, blocked or otherwise fastened or obstructed by
any means, so that the door cannot be opened from the inside by the
use of the ordinary door latch or knob or by pressure on the door
or on a panic release device, except as provided in Section F-502
of the New Jersey Uniform Fire Code entitled, "Egress Doors." All
exterior egress doors shall open outward from the side from which
egress is to be made.
[Added 3-27-2001 by Ord. No. 1847-2001]
The code's enforcement, violations and penalties
shall be managed in conformity with the Uniform Fire Safety Act, the
Uniform Fire Code, and all other laws of the State of New Jersey.
Fines shall be payable to the Borough of Fair Law.
Pursuant to Section 15 and 17 of the Uniform
Fire Safety 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.
A.
Additional required registration fees. All premises
and uses subject to the enforcement authority defined in N.J.A.C.
5:70-2.1(b) shall register annually with the Fair Lawn Fire Prevention
Bureau. In addition to the inspections and fees required pursuant
to the Act and regulations of the Department of Community Affairs,
upon filing the required annual registration with the Fire Prevention
Bureau, the owner shall be required to pay a registration fee based
upon Use Groups as defined in N.J.A.C. 5:70-1.5 except where such
fees are regulated for life hazard uses in accordance with N.J.A.C.
5:70-2.9. The aforementioned applies to each individual space, whether
occupied, vacant, leased or subleased.
[Amended 4-9-2002 by Ord. No. 1905-2002]
C.
Penalties. The penalty for failure to register annually
with the Fire Prevention Bureau, within 30 days after having been
ordered to do so, shall result in a penalty amount equal to double
the applicable registration fee. The penalty for failure to pay the
registration fee, within 30 days after having been ordered to do so,
shall be an amount equal to double the unpaid fee. Property owner's
failure to annually register a non-owner-occupied one- or two-family
house shall result in a penalty of $500 for each 30 days the violation
continues.
[Amended 4-9-2002 by Ord. No. 1905-2002]
D.
Additional non-life-hazard use inspections and fees.
The Bureau of Fire Prevention established by this chapter shall accept
responsibility for cyclical inspections and enforcement of the Uniform
Fire Code in hotels and multifamily dwellings that are not life hazard
uses on an annual basis. The fee for the inspection on non-life-hazard
use for hotel and multifamily dwelling units shall be as set from
time to time by resolution of the Borough Council[2] per dwelling unit to be paid by the landlord.
[Added 3-12-1996 by Ord. No. 1624-96]
E.
Exemption from fee. All Borough-owned and Board of
Education-owned property shall be exempt from the fee for any inspections
required under this chapter except as pertains to life-hazard uses.
[Amended 1-20-2004 by Ord. No. 1968-2004]
F.
All non-life-hazard use occupancies shall be inspected
at least once every four years for compliance with the Fire Code
[Added 1-20-2004 by Ord. No. 1968-2004]
[1]
Editor's Note: Former § 104-11,
Modifications of provisons of Code by the Fire Marshal, was repealed
1-20-2004 by Ord. No. 1968-2004.
[1]
Editor's Note: Former § 104-12,
New materials, processes or occupancies which may require permits,
was repealed 1-20-2004 by Ord. No. 1968-2004.
A.
Firesafety permits shall be required and obtained
from the Fair Lawn Fire Marshal for the activities specified herein
in addition to the permit requirements prescribed in N.J.A.C. 5:70-2.7
but shall not apply to any activity or usage requiring a Type 2 or
Type 4 permit:
[Amended 4-9-2002 by Ord. No. 1905-2002; 1-20-2004 by Ord. No. 1968-2004]
(1)
Hot-tar roofing operations, including use of
asphalt/tar kettle (to be referred to as "Permit Type 1Ai").
(2)
Construction, alteration and demolition operations,
including use of "hot work" operations as defined in NFPA 241 (to
be referred to as "Permit Type 1Aii").
(3)
There shall be a penalty not exceeding $5,000
for a recurring violation of failure to obtain a specific type of
fire safety permit within the Borough of Fair Lawn, regardless of
the locations of the violations.
B.
The application fee for the above permits shall be
the same as a Type 1 Permit application fee, as prescribed in N.J.A.C.
5:70-2.9(c)1.
A.
Maintenance responsibility.
(1)
Sellers, transferors or lessors of all dwelling units
subject to this chapter shall be responsible for the correct installation
and maintenance of smoke detectors.
(2)
The owner of a rental unit shall, at the time of installation
of smoke detector and thereafter at the commencement of each new tenancy,
provide to the tenant at least one copy of written instructions on
the operation, maintenance and testing of the smoke detectors, including
the replacement of batteries in the battery-operated unit.
(3)
The owner of each rental unit shall be responsible
for the proper maintenance of the smoke detectors, including the replacing
of batteries, repair or replacement of the unit in accord with the
standards hereinabove set forth.
Truss emblems shall be posted as directed by
the Fire Marshal so as to warn firefighters of the potential danger.
Cost for purchase and installation of truss emblems will be at expense
of building owner.
A copy of the code intended to be so adopted
is annexed to this chapter (but need not be published therewith) and
one copy of said code has been placed on file in the office of the
Municipal Clerk, to remain therein on file so long as said chapter
is in effect, and one copy thereof shall remain on file in office
of the Fire Marshal and one copy shall remain on file in the office
of the Construction Official, for use and examination by the public,
and will remain on file in the aforesaid offices until further action
is taken on this chapter.
