[HISTORY: Adopted by the Borough of Rutherford
Council 12-17-1985 by Ord. No. 2423-85. Amendments noted where applicable.]
[Amended 12-14-2004 by Ord. No. 3065-04]
The New Jersey Uniform Fire Code found at N.J.A.C.
5:70, as amended, shall be locally enforced in the Borough of Rutherford.
[Amended 3-7-1989 by Ord. No. 2528-89]
The local enforcing agency shall be the Bureau
of Fire Safety in the Borough of Rutherford.
[Amended 3-7-1989 by Ord. No. 2528-89; 12-14-2004 by Ord. No. 3065-04]
The Rutherford Bureau of Fire Safety shall enforce
the New Jersey Uniform Fire Safety Act found at N.J.S.A. 52:27D-192
et seq., as amended, and the New Jersey Uniform Fire Code found at
N.J.A.C. 5:70 et seq., as amended, and all regulations adopted therein,
in all buildings, structures and premises within the established boundaries
of the Borough of Rutherford, other than owner-occupied one- and two-family
dwellings, and shall faithfully comply with the requirements of both
the Act and the Code.
[Amended 12-14-2004 by Ord. No. 3065-04]
The Rutherford Bureau of Fire Safety shall carry
out periodic inspections of life hazard uses required under the New
Jersey Uniform Fire Code on behalf of the Commissioner of Community
Affairs of the State of New Jersey.
[Amended 12-14-2004 by Ord. No. 3065-04]
The Rutherford Bureau of Fire Safety shall be
under the direct supervision and control of the Fire Marshal of the
Borough of Rutherford.
[Amended 12-14-2004 by Ord. No. 3065-04]
The Rutherford Bureau of Fire Safety shall be
under the supervision of the Rutherford Fire Marshal, who shall be
appointed by the Mayor and Council pursuant to Title 11A, Civil Service,
of the Revised Statutes of the State of New Jersey. The Rutherford
Fire Marshal shall be a certified Fire Official/Fire Inspector of
the State of New Jersey pursuant to N.J.A.C. 5:71-3, as amended.
[Amended 12-14-2004 by Ord. No. 3065-04]
Such inspectors and other employees as may be
necessary in the Rutherford Bureau of Fire Safety shall be appointed
by the Mayor and Council of the Borough of Rutherford pursuant to
Title 11A, Civil Service, of the Revised Statutes of the State of
New Jersey.
[Amended 12-14-2004 by Ord. No. 3065-04]
Pursuant to applicable sections of the New Jersey
Uniform Fire Safety Act, any person aggrieved by an order of the Rutherford
Fire Marshal or of the Rutherford Bureau of Fire Safety shall have
the right to appeal to the Construction Board of Appeals of the County
of Bergen.
[Added 12-14-2004 by Ord. No. 3065-04][1]
All definitions contained in the New Jersey
Uniform Fire Safety Act and in the New Jersey Uniform Fire Code are
incorporated herein.
[1]
Editor's Note: Former § 34A-9, Permits,
was repealed 3-7-1989 by Ord. No. 2528-89.
[Amended 3-7-1989 by Ord. No. 2528-89; 9-7-1994 by Ord. No. 2711-94; 12-14-2004 by Ord. No.
3065-04; 6-27-2022 by Ord. No. 3617-22]
In addition to the inspections and fees required pursuant to the New Jersey Uniform Fire Safety Act, the New Jersey Uniform Fire Code and Borough Code Chapter 34A, the following fees shall apply:
A.
The fee
for fire safety permits required by the New Jersey Uniform Fire Code
shall be the fees established by N.J.A.C. 5:70-2.9(c).
[Amended 3-7-1989 by Ord. No. 2528-89; 9-7-1994 by Ord. No. 2711-94; 12-14-2004 by Ord. No.
3065-04]
Permit fees and annual local registration fees
shall be waived for any nonprofit, charitable or service organization,
municipal government, county government or any county or regional
authority, the Rutherford School Board, nonprofit private schools
or state government, so long as the use is not a life-hazard use.
[Amended 3-7-1989 by Ord. No. 2528-89; 9-7-1994 by Ord. No. 2711-94; 4-18-2001 by Ord. No. 2963-01; 12-14-2004 by Ord. No. 3065-04; 6-27-2022 by Ord. No. 3617-22]
In addition to the inspections and fees required
pursuant to the New Jersey Uniform Fire Safety Act and the New Jersey
Uniform Fire Code, the following additional local registrations shall
be required:
A.
All building types or uses (except owner-occupied
one- and two-family dwellings) that are not required to be registered
as a life-hazard use in accordance with the New Jersey Uniform Fire
Code shall be subject to an annual local registration and fee as follows:
(2)
Use Groups A (Assembly), B (Business), E (Educational),
F (Factory/ Industrial), I (Institutional), M (Mercantile), and S
(Storage/Warehouse), based on gross floor area of building or tenant
space:
(3)
Use Group H (non-life-hazard use): $600.
(4)
Use Group T (temporary structure): $175.
(5)
Life-hazard use owner: $15.
(6)
Owners of non-owner-occupied structures, including
vacant structures, of all use groups excepting R-2 and owner-occupied
one- and two-family dwellings, shall register with the Bureau of Fire
Safety and pay an annual registration fee of $50.
[1]
Editor's Note: Former § 34A-13, Smoke and carbon
monoxide detectors, as amended, was repealed 10-26-2020 by Ord. No. 3536-20.
[Added 9-7-1994 by Ord. No. 2711-94; amended 6-27-2022 by Ord. No. 3617-22]
A.
A "fire watch" is defined as a temporary measure, ordered by the
Fire Marshal or their 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 Marshal or Fire Chief.
B.
A fire watch may be ordered by the Fire Marshal or their 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 Marshal or designated representative. This
shall be determined in coordination with the Fire Chief of the Rutherford
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 Marshal
or designated representative.
C.
Fire watches shall be performed by any of the following:
(1)
A member of the Rutherford Fire Department.
(2)
Employees of the Borough of Rutherford, Bureau of Fire Safety.
(3)
Firefighters or fire inspectors from any fire department that has
a mutual aid agreement with the Rutherford Fire Department.
(4)
In the event a required fire watch cannot be fulfilled with any personnel
as detailed above, the Fire Marshal 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 Marshal or their 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.
Fire watch services authorized and/or required by this section and
deemed necessary by the Fire Marshal or their designated representative
shall be paid at the rate of $45 per hour, per person performing the
fire watch. There shall be a minimum payment of two hours per person.
An administrative fee of 10% shall be added to the total hourly compensation.
In no case shall the administrative fee exceed $175. Payments shall
be made payable to the Borough of Rutherford.
[Added 12-28-2010 by Ord. No. 3216-10[1]]
A.
ENGINEERED LUMBER
REFLECTIVE SYMBOL
STRUCTURE
TRUSS
Definitions. As used in this chapter, the following terms shall have
the following meanings:
Any prefabricated I-joists, truss joists, truss roof system,
truss floor component, truss roof component, laminated beams and studs,
and lightweight cold-formed steel trusses and joists.
An emblem made of reflective material in the shape and form
approved by the Rutherford Fire Department Officers Association containing
information identifying a structure as containing engineered lumber.
A combination of materials to form a building or structure
for occupancy or use, whether constructed on, above, or below the
adjoining grade, including one- and two-family dwellings.
A structural member or assembly being a floor or roof which
attains stability through triangular formations.
B.
Requirement for reflective symbol.
(1)
This chapter shall apply to all one- and two-family dwellings or
structures, including structures existing at the time of the effective
date of this section.
(2)
The Borough Construction Official or Fire Marshall shall determine
if a structure contains an engineered structural element. All buildings
or structures that contain engineered structural elements must have
a reflective symbol affixed to an electrical meter serving the structure.
(3)
The reflective symbol shall be in the form approved by the Rutherford
Fire Department Officers Association, and shall contain lettering
to identify the location of any engineered structural elements in
the structure.
C.
This chapter shall be enforced by the Bureau of Fire Safety and the
Building Department of the Borough of Rutherford.
D.
The following shall be the responsibility of the Construction Official:
(1)
Notify the Bureau of Fire Safety in writing whenever a construction
permit is released for the construction or alteration of a one- or
two-family dwelling or structure which will utilize engineered structural
elements in the construction or renovation, and when a temporary certificate
of occupancy or certificate of occupancy is issued for newly constructed
or renovated buildings or structures.
(2)
As part of all continued certificate of occupancy inspections, determine
if the one- or two-family dwelling or structure is constructed with
engineered structural elements, and if so, ensure that the dwelling
or structure is currently listed on the Fire Department's inventory
of such buildings, and if not listed, make the appropriate notification
to the Bureau of Fire Safety.
E.
The following shall be the responsibility of the Fire Marshal:
(1)
Maintain an inventory of all one- and two-family dwellings or structures
constructed with engineered structural elements in a manner approved
by the Rutherford Fire Department Officers Association.
(2)
Notify the Chief and Company Officers whenever a building or structure
is added to the inventory list. This notification shall be in a manner
approved by the Rutherford Fire Department Officers Association.
(3)
Notify the owner of any existing one- or two-family dwelling or structure
of the requirements of this section.
(4)
Place the approved reflective symbol on the electric meter within
five days of notifying the owner of an existing building or structure
of the requirements.
(5)
Place the approved reflective symbol on all newly constructed building
as soon as the electric meter is installed on the building or structure.
(6)
Conduct an annual inspection of all buildings listed in the inventory
to ensure that the required placard is in place. Missing, defaced,
or illegible placards shall be replaced.
F.
Funding for the reflective symbols shall be from the Fire Code Penalty
Trust Account, and an adequate supply of the reflective symbols shall
be maintained by the Bureau of Fire Safety.
G.
Any person violating this section by refusing to use the reflective
symbol, or by removing or tampering with the reflective symbol, shall
be subject to a fine in an amount of $500 per violation. Each day
that a violation continues shall be deemed to be a separate and distinct
offense.
[1]
Editor’s Note: Former § 34A-15,
Gas-fired cooking apparatus, added 3-7-1989 by Ord. No. 2528-89, was
repealed 12-14-2004 by Ord. No. 3065-04.
[1]
Editor’s Note: Former § 34A-16,
Violations and penalties, added 3-7-1989 by Ord. No. 2528-89, was
repealed 12-14-2004 by Ord. No. 3065-04.
[Added 5-6-1997 by Ord. No. 2797-97]
[Amended 9-3-1997 by Ord. No. 2812-97; 12-14-2004 by Ord. No. 3065-04]
All properties within the Borough of Rutherford
having an elevator or a security gate, excepting R-3 uses, shall be
equipped with a key box. The key box shall be of a UL type and approved
by the Borough Fire Marshal.
A.
The key box shall be installed at or near a public
entrance to the building or in a public foyer within said building.
The key box shall, when practical, be installed between eight and
12 feet above the adjoining grade.
B.
Should a key box not be of adequate size to accommodate all the keys and informational material required pursuant to § 34A-19 below, a locked secondary key cabinet shall be provided. The key to the secondary key cabinet shall be maintained in the key box, and the location of the key box and the secondary key cabinet, if required, shall be approved by the Borough Fire Marshal.
[Amended 12-14-2004 by Ord. No. 3065-04]
[Amended 9-3-1997 by Ord. No. 2812-97]
The key box or any required secondary key cabinet
shall, where applicable, contain the following:
A.
Keys to the building entrance and all exterior doors.
B.
An elevator on/off key.
C.
An elevator fire service key.
D.
An elevator hoistway door key.
E.
Keys to elevator mechanical room(s).
F.
Key to open the security gate.
G.
Clearly legible instructions for the emergency use
and rescue operations of the elevator.
H.
Clearly legible instructions for the automatic and
manual operation of the security gate, including emergency procedures.
I.
Any other information relating to the emergency use
and/or prefire planning as may be required by the Borough Fire Marshal
or the Rutherford Fire Department Officers' Association.
[Amended 12-14-2004 by Ord. No. 3065-04]
[1]
Editor’s Note: Former § 34A-20,
Time for compliance, was repealed 12-14-2004 by Ord. No. 3065-04.
[Amended 12-14-2004 by Ord. No. 3065-04]
A.
Any owner, agent or entity who shall violate any of the provisions of § 34A-17, 34A-18 or 34A-19 of this chapter, or any of the provisions of the New Jersey Uniform Fire Safety Act or any of the provisions of the New Jersey Uniform Fire Safety Code shall be subject to the penalties as set forth in N.J.A.C. 5:70-2.12 as amended.
B.
Any owner, agent or entity who shall violate any other
provisions of this chapter shall be punished by a fine of $500 or
by imprisonment in the county jail for not more than 30 days, or by
both such fine and imprisonment. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue,
and all such persons or entities shall be required to correct or remedy
such violations or defects within a reasonable time, and every ten
days that such violations are continued shall constitute a separate
offense.
