[Amended 6-19-1984 by Ord. No. 927; 5-3-1988 by Ord. No.
1034]
The New Jersey State Fire Prevention Code, adopted
by the State Commissioner of Community Affairs under N.J.A.C. 5:18-31,
is hereby adopted by the Township Committee, and all the terms and
provisions of the BOCA/National Basic Fire Prevention Code/1984, are
hereby incorporated herein and adopted and made a part hereof as if
fully set out in this chapter, with the additions, insertions, deletions
and changes prescribed in this chapter.
[Amended 12-16-1975 by Ord. No. 727]
A. The Fire Prevention Code shall be enforced by the
Bureau of Fire Prevention in the Fire Department of the Township of
Wyckoff, which is hereby established and which shall be operated under
the supervision of the Chief of the Fire Department.
B. There shall be a Fire Marshal in charge of the Bureau
of Fire Prevention and a Deputy Fire Marshal to assist the Fire Marshal
and to perform his duties in the event of his absence or incapacity.
The Fire Marshal shall be appointed by the Chief of the Fire Department
on the basis of an examination to determine his qualifications in
accordance with the rules and regulations of the Wyckoff Fire Department,
and such appointment shall only be made with the approval of the Deputy
Chiefs of the Fire Department. The Deputy Fire Marshal shall be appointed
by the Chief of the Fire Department on the basis of an examination
to determine his qualifications in accordance with the rules and regulations
of the Wyckoff Fire Department, and the appointment shall be made
with the approval of the Fire Marshal of the Bureau of Fire Prevention.
Each appointment shall be for a period of one calendar year and shall
be subject to approval of the Township Committee. The appointees may
not be removed from office during such term except for just cause
and after a public hearing.
C. The Chief of the Fire Department may appoint a Fire
Inspector for the duration of that calendar year from each area served
by the Fire Department, and such appointments are subject to the approval
of the Deputy Fire Chief of the Fire Department in charge of the area
where the Fire Inspector is to be on duty and the Fire Marshal of
the Bureau of Fire Prevention. The Chief of the Fire Department, with
the concurrence of the Fire Marshal, shall recommend to the Township
Committee the employment of a technical inspector or inspectors when
such a need should arise in conjunction with a specific incident or
occurrence.
D. A report of the Bureau of Fire Prevention shall be
made annually and transmitted to the chief executive officer of the
municipality; it shall contain all proceedings under this chapter,
with such statistics as the Chief of the Fire Department may wish
to include therein; the Chief of the Fire Department shall also recommend
any amendment to the code which in his judgment shall be desirable.
[Amended 6-19-1984 by Ord. No. 927; 5-3-1988 by Ord. No.
1034]
The following sections of the BOCA Basic/National
Fire Prevention Code/1984, and Appendix B thereof, are hereby adopted
and revised as follows:
A. Section F-100.1, Title, shall be revised as follows:
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F-100.1 — Title: These regulations,
as set forth herein, shall be known as the "Fire Prevention Code of
the Township of Wyckoff," hereinafter referred to as such or as "this
code."
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B. Appendix B adoptions.
(1) Section 6, Definitions, shall include the following:
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Section 6. Definition of "Authorized Emergency
Vehicle." "Authorized emergency vehicles" shall be restricted
to those which are defined and authorized under the laws of the State
of New Jersey.
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(2) Section 3.
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Section 3. Interference with Fire Department
operations. It shall be unlawful to interfere with, attempt
to interfere with, conspire to interfere with, obstruct or restrict
the mobility of or block the path of travel of any Fire Department
emergency vehicle in any way, or to interfere with, attempt to interfere
with, conspire to interfere with, obstruct or hamper any Fire Department
operation.
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(3) Section 4.
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Section 4. Compliance with orders. A person shall not willfully fail or refuse to comply with any lawful
order or direction of the fire official or to interfere with the compliance
attempts of another individual.
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(4) Section 5.
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Section 5. Vehicles crossing firehose. A vehicle shall not be driven or propelled over any unprotected
firehose of the Fire Department when laid down on any street, alleyway,
private drive or any other vehicular roadway without the consent of
the fire official in command of said operation.
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(5) Section 9.
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Section 9. Unlawful boarding or tampering
with Fire Department emergency equipment. A person shall not,
without proper authorization from the fire official in charge of said
Fire Department emergency equipment, cling to, attach himself to,
climb upon or into, board or swing upon any Fire Department emergency
vehicle, whether the same is in motion or at rest, or sound the siren,
horn, bell or other sound-producing device thereon or to manipulate
or tamper with or attempt to manipulate or tamper with any levers,
valves, switches, starting devices, brakes, pumps or any equipment
or protective clothing on or a part of any Fire Department emergency
vehicle.
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(6) Section 10.
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Section 10. Damage, injury — Fire
Department — equipment, personnel. It shall be unlawful
for any person to damage or deface or attempt or conspire to damage
or deface any Fire Department emergency vehicle at any time, or to
injure or attempt to injure or conspire to injure Fire Department
personnel while performing departmental duties.
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(7) Section 12.
[Amended 5-17-2011 by Ord. No. 1649]
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Section 12. Blocking fire hydrants and
Fire Department connections. It shall be unlawful to obscure
from view, damage, deface, obstruct or restrict the access to any
fire hydrant or any Fire Department connection for the pressurization
of fire-suppression systems, including fire hydrants and Fire Department
connections that are located on public or private streets and access
lanes or on private property.
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The owner, owners and/or lessees of any real property in the Township upon which a fire hydrant is located shall maintain the area within a five-foot radius of the perimeter of such fire hydrant to ensure that such area is free of snow and/or vegetation. The requirement of this section shall be completed by the responsible party no later than 12 hours after any natural obstruction such as snow and/or vegetation shall be located within the five-foot radius from the fire hydrant. Failure to maintain the clear five-foot radius within the time required above shall constitute a violation pursuant to § 115-8 below.
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If, upon the expiration of the time mentioned
in a notice of violation, obstructions, snow, vegetation or encroachments
are not removed, the fire official shall proceed to remove the same.
Cost incurred in the performance of necessary work shall be paid from
the municipal treasury on certificate of the fire official and with
the approval of the chief administrative official, and the legal authority
of the municipality shall institute appropriate action for the recovery
of such costs.
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(8) Section 13.
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Section 13. Hydrant use approval. A person shall not use or operate any fire hydrant intended for
use of the Fire Department for fire suppression purposes unless such
person first secures a permit for such use from the fire official
and the water company having jurisdiction. This section shall not
apply to the use of such hydrants by a person employed by and authorized
to make such use by the water company having jurisdiction.
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(9) Section 14.
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Section 14. Public water supply. The fire official shall recommend to the chief administrative official
of the municipality the location or relocation of new or existing
fire hydrants and the placement or replacement of inadequate water
mains located upon public property and deemed necessary to provide
an adequate fire flow and distribution pattern. A fire hydrant shall
not be placed into or removed from service until approved by the fire
official.
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(10)
Section 16.
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Section 16. Maintenance of fire suppression
equipment. A person shall not obstruct, remove, tamper with
or otherwise disturb any fire hydrant or fire appliance required to
be installed or maintained under the provisions of the Fire Prevention
Code except for the purpose of extinguishing fire, training or testing
purposes, recharging or making necessary repairs or when permitted
by the fire official. Whenever a fire appliance is removed, as herein
permitted, it shall be replaced or reinstalled as soon as the purpose
for which it was removed has been accomplished. Defective and nonapproved
fire appliances or equipment shall be replaced or repaired as directed
by the fire official.
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(11)
Section 18.
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Section 18. Street obstructions. A person or persons shall not erect, construct, place or maintain
any bumps, 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 the chapter 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.
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The Chief of the Bureau of Fire Prevention shall
have power to modify any of the provisions of the Fire Prevention
Code upon application in writing by the owner or lessee or his duly
authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of the code, provided that the spirit
of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification when granted or
allowed and the decision of the Chief of the Bureau of Fire Prevention
thereon shall be entered upon the records of the Department and a
signed copy shall be furnished the applicant.
Whenever the Chief of the Bureau of Fire Prevention
shall disapprove an application or refuse to grant a permit applied
for, or when it is claimed that the provisions of the code do not
apply or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Chief of the Bureau of Fire Prevention to the Wyckoff Township
Committee within 30 days from the date of the decision appealed.
The Wyckoff Building Inspector, the Chief of
the Fire Department and the Chief of the Bureau of Fire Prevention
shall act as a committee to determine and specify, after giving affected
persons an opportunity to be heard, any new materials, processes or
occupancies which shall require permits in addition to those now enumerated
in said code. The Chief of the Bureau of Fire Prevention shall post
such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
[Added 2-19-1974 by Ord. No. 701]
The fee for any permit required for said Fire
Prevention Code shall be in the sum of $2 and shall be paid to the
Township Clerk.
[Amended 6-19-1984 by Ord. No. 927]
A. Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by
the Wyckoff Township Committee or by a court of competent jurisdiction
within the time fixed herein, shall severally for each and every such
violation and noncompliance, respectively, be punishable by a fine
not exceeding $500 or by imprisonment for not more than 90 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 shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute
a separate offense.
B. The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
This chapter is not intended to repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other laws or ordinances except those specifically or impliedly repealed
by this chapter.
In interpreting and applying the provisions
of this chapter, they shall be held to the minimum requirements for
the promotion of the public health, safety, comfort, convenience and
general welfare of the community. Said provisions shall be deemed
cumulative, and in the event of a conflict, the provision which is
most strict shall apply.