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Borough of Wanaque, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 8-18-1986 by Ord. No. 6-85-86.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 13.
Uniform construction codes — See Ch. 67A.
Fire insurance claims - See Ch. 72A.
Hazardous materials — See Ch. 74B.
Payment of fire insurance claims — See Ch. 76, Art. I.
[1]
Editor's Note: This ordinance also superseded former Ch. 73, Fire Prevention, adopted 6-12-1968, as amended.
A. 
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383)[1] the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Wanaque.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
B. 
The Fire Official and Fire Inspectors have the authority to issue summonses for noncompliance. Fines will be levied at the discretion of the Court based upon the severity of the violation. The minimum fine to be imposed is $250.
[Amended 2-15-1994 by Ord. No. 3-0-94]
The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Wanaque Fire Department. This agency shall consist of the certified Fire Official and certified Fire Inspectors, said number of Fire Inspectors to be designated by the Fire Official and approved by the Mayor and Council.
The Bureau of Fire Prevention 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 the Borough of Wanaque, other than owner-operated one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The Fire Prevention Bureau shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
The local enforcing agency shall be a part of the Borough of Wanaque Fire Department and shall be under the direct supervision and control of the Borough of Wanaque Fire Official.
A. 
Fire Official and Fire Inspectors shall be recommended by the Fire Chief and appointed by the Mayor and Council, subject to certification by the civil service.
B. 
The Fire Official and Inspectors shall serve for a term of one year.
C. 
Vacancies will be filled for the unexpired term by the process in Subsection A.
D. 
The Fire Official and Inspectors must be active members of the Fire Department and have at least seven years of experience.
E. 
The Fire Inspectors shall be subject to removal from office for inefficiency or misconduct after the proper civil service procedures have been followed.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Passaic.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208, respectively.
In addition to inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, additional inspections and fees shall be required from time to time by amendment to this chapter.
[Amended 2-9-2004 by Ord. No. 3-0-04; 2-14-2011 by Ord. No. 2-0-11]
The permit fees established by the Uniform Fire Code shall be established as follows:
A. 
Type 1: $50.
B. 
Type 2:
C. 
Type 3:
D. 
Type 4:
E. 
Type 5:
[Amended 5-18-1987 by Ord. No. 4-86-87; 4-16-1990 by Ord. No. 2-87-90; 3-19-1991 by Ord. No. 3-90-91; 2-9-2004 by Ord. No. 3-0-04]
A. 
Fire lanes on private property devoted to public use.
(1) 
The Chief of the Fire Department and Fire Official is hereby authorized to establish fire lanes on private property, devoted to public use, including but not limited to shopping centers, bowling alleys, drive-in theaters, churches, swimming pools and similar uses involving parking of sufficient numbers of motor vehicles to make necessary such regulations for protection of persons and property in case of fire or other emergency.
(2) 
The fire lanes shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons, vehicles, fire hydrants and standpipes thereon in case of fire or other emergency.
(3) 
The number, location, width, length and markings of such lanes shall be determined by the Chief of the Fire Department and Fire Official. Such determination shall be based upon the size, type and location of the building or buildings, the use to which the property is put, the number of persons using or occupying premises, existing means of ingress and egress, total area or property, including size of parking lot or lots, and all other relevant factors.
(4) 
The Chief of the Fire Department and Fire Official shall notify the property owner, in writing, of the location and markings required to designate each fire lane, and within 30 days after the receipt of said notice, the property owner shall have complied with the directions contained therein with respect to the marking and identification of each designated fire lane. If the property owner fails to complete this work within the time prescribed, then the Chief of the Fire Department shall notify the appropriate Borough Department which shall do all the necessary work, and the cost thereof shall be added to the tax assessment of the property owner and collected in the manner of other tax assessment and in accordance with the New Jersey statute as may be provided.
(5) 
After establishment of a designated fire lane, parking of motor vehicles or otherwise obstructing such fire lane shall be prohibited at all times, and any person who parks a motor vehicle therein or otherwise obstructs a designated fire lane shall be subject to a fine of not more than $50. In addition thereto, any motor vehicle parked on a designated fire lane may be towed away and stored at the owner's expense.
(6) 
The Borough of Wanaque Police Department shall have concurrent jurisdiction with the Bureau of Fire Prevention to enforce the provisions of this section.
(7) 
The Chief of the Fire Department and Fire Official shall have power to grant exceptions to 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 exceptions when granted or allowed and the decision of the Chief of the Fire Department, and a signed copy shall be furnished the applicant.
B. 
Definitions pertaining to false fire alarms. As used in this section, the following terms shall have the following meanings:
ALARMS
Any mechanical or electronic signal reporting by means of telephone cables or other means or transmission, which signals are monitored by the Police Department of the Borough of Wanaque at its headquarters or an audible alarm which is heard and/or called in by another and which signals, upon receipt or upon activation, indicate to the Department that an emergency exists at the sending location. Said "alarms" shall include those types installed to indicate fires at the sending location.
FALSE NOTIFICATIONS
Any report or request for fire service directed to the Police Department by any means of any communication wherein the situation, condition, incident or emergency as subject of the report or request did not and does not exist.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency or other entity recognized by law as the subject of rights and duties.
C. 
No person, firm or corporation shall install or cause to be installed any automatic alarm-dialing equipment without having first registered the same with the Clerk of the Borough of Wanaque. Said registration shall include the type of device utilized, including the brand name or manufacturer thereof, serial number, type of device, provisions relating to false alarms and testing procedures, a list of persons to be contacted in the event of an alarm and any other information as may be required by the Chief of Police or his agent.
D. 
Registration will be required of all persons, firms or corporations who have installed said automatic alarm-dialing equipment prior to the effective date of this chapter.
E. 
Upon the filing of said registration, the registrant shall pay to the Clerk of the Borough of Wanaque a registration fee of $25 and thereafter an annual operational fee of $25 for all alarms terminating in the Borough of Wanaque's police headquarters. This fee shall include both direct leased-line alarms and those utilizing recorded telephone dialing equipment.
F. 
The registration fee shall cover all or part of the first year. The operation fee shall be payable by January 15 of each year, annually, as long as the alarm is in service.
G. 
The Police Department shall have the power and the duty to enforce the provisions of this chapter.
H. 
After the effective date of this chapter, it shall be unlawful for any person, persons, corporation, owner or lessee of any building in which a fire alarm has been installed to:
(1) 
Cause, suffer, allow or permit the accidental or purposeful transmission of a false alarm signal from any public or private place in the Borough of Wanaque to the Police Department of the Borough of Wanaque.
(2) 
Cause, suffer, allow or permit to be made any report or request for fire service or assistance by any means of communication wherein the situation, condition, incident or emergency as subject of the report or request for fire service or assistance did not and does not exist.
I. 
Businesses.
(1) 
All businesses after the adoption of this chapter must conform with the following:
(a) 
All exit signs shall be illuminated.
(b) 
All businesses where the occupancy, in the opinion of the Fire Official or Fire Inspector, is or may be likely to exceed 10 persons, shall have all egress doors swing in the direction of exit travel.
(c) 
Where, in the opinion of the Fire Official or Fire Inspector, more than average risk of fire exits or where flammable, hazardous or explosive materials are stored or situate therein, businesses shall have all egress doors swing in the direction of exit travel;
(d) 
On all new business construction, after the effective date hereof, all egress doors shall swing in the direction of exit travel.
(e) 
Sheetrock [ 5/8 inch fireguard] must be installed above boilers and hot-water heaters to extend two feet outside of boiler area.
(f) 
All holes in sheetrock in ceilings must be repaired.
(2) 
All businesses shall be inspected yearly by members of the Borough of Wanaque Fire Prevention Bureau. Bureau members shall be compensated at a rate of $12 per hour, effective retroactively to January 1, 1990. Said hourly rate should be examined and adjusted as permits and fees dictate and amended herein.
(3) 
Any business closed for 30 days or more must be reinspected before opening.
(4) 
Violations and penalties shall be the same for life hazard and non-life hazard.
J. 
Residences. All barbecue gas grills must be 10 feet away from any structure when in use unless permanently piped to the natural gas line.
[Added 7-8-2019 by Ord. No. 6-0-19]
A. 
Requirements.
(1) 
The following buildings shall be subject to the provisions of this section:
(a) 
All buildings having an automatic fire detection or suppression system or buildings where visual inspection for the presence of fire is obstructed or buildings of life hazard use or when in the opinion of the Fire Official there is a need for immediate access in the event of a fire.
(b) 
All multiple-dwelling buildings which contain more than two units, and which include any common area between the individual units, and which common area is locked from the outside of the building, including group homes.
(c) 
All commercial and industrial properties.
(d) 
All commercial structures which contain two or more individual separately located businesses, and which contain common area between such commercial units, and which is locked from the outside.
(e) 
All day care/nurseries, public and private schools, all nursing homes, convalescent centers and intermediate-care facilities.
(f) 
All municipal buildings.
(g) 
All community and condominium clubhouses and recreation centers.
(h) 
All places of worship.
(2) 
Excluded from the requirements of this section are one- and two-family dwellings identified and defined by the Uniform Construction Code (N.J.A.C. 5:23 et seq.) as R-3 and R-4.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING
Any building or structure located in the Borough of Wanaque, whether privately or publicly owned, including, without limitation, any building owned by the Borough of Wanaque, the Wanaque Board of Education, or any other public, quasi-public, or private entity or person, subject to the exclusion set forth in Subsection A of this section.
FIRE CHIEF
The Fire Chief or Fire Official.
HAZMAT CABINET
UL-listed Knox-Box® hazmat cabinet approved by the Fire Chief that meets the requirements and uses the same security key code adopted by the Fire Department.
KEY LOCK BOX
A UL-listed Knox-Box® rapid-entry key box system approved by the Fire Chief that meets the requirements and uses the same security key code adopted by the Fire Department.
RESPONSIBLE PARTY
The person(s) charged with the responsibility for occupancy, building or business owner.
VAULT
A UL-listed Knox vault approved by the Fire Chief that meets the requirements and uses the same security key adopted by the Fire Department.
C. 
Compliance.
(1) 
All existing buildings shall comply with the requirements of this section within 18 months from its effective date.
(2) 
All newly constructed buildings not yet occupied or buildings currently under construction, and all buildings or businesses applying for a certificate of occupancy or continued certificate of occupancy, shall comply with the requirements of this section immediately.
D. 
Location of key vaults/lock box. Where structurally possible, the key vault/lock box shall be located four feet to the left from the main entrance to the building or property; otherwise, the key vault/lock box shall be located at or near the main entrance to the building or property. The key vault/lock box shall be mounted at a minimum height of six feet and a maximum height of eight feet above final grade.
E. 
Contents of key vault/lock box.
(1) 
Labeled keys, easily identified in the field to provide access into the property and/or building, and to any locked areas within the said building, and as may be further directed by the Fire Chief. All affected rooms shall be clearly marked with either a number or label so as to coincide with their labeled keys.
(a) 
Keys to all locked points of egress whether interior or exterior of said building.
(b) 
Keys to locked mechanical rooms.
(c) 
Keys to locked electrical rooms.
(d) 
Keys to fire control panels.
(e) 
Keys to sprinkler rooms.
(f) 
Keys to boiler/utility rooms.
(g) 
Keys to elevator control rooms.
(h) 
Keys to other control rooms.
(i) 
Pertinent building information or emergency notification information may also be required to be contained in the key vault/lock box or other locations as determined by the Fire Chief.
(j) 
Pass/reset codes for any fire alarm system.
(k) 
Keys to any fenced or secured areas.
(2) 
The Fire Chief may require the installation of a tamper-switch system to connect the lock box or vault box to the building's burglar alarm system.
(3) 
Where a building contains a business that is required to prepare or have available a material safety data sheet or an emergency and hazardous chemical inventory form under Subtitle B, Section 311 and 312 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), the Fire Chief may require that the responsible party also install a hazmat cabinet or vault as determined by the Fire Chief.
(4) 
If required by the Fire Chief, the hazmat cabinet or vault shall contain the following information for emergency response personnel:
(a) 
A current list of key facility personnel knowledgeable about safety procedures of materials on site, complete with telephone numbers for such personnel in the event of an incident after normal hours of facility operation.
(b) 
A current emergency and hazardous chemical inventory form and a binder containing the material safety data (MSD) sheets or in the event that the volume of the MSD sheets is too great to keep practically in the hazmat cabinet shall give the location of the on-site MSD sheets, and the MSD sheets shall be readily available for use by emergency response personnel.
(c) 
A facility site plan to include the following:
[1] 
The location of storage and use of hazardous materials on site;
[2] 
The location of on-site emergency firefighting and spill clean-up equipment;
[3] 
A diagram of the complete sewer system and the water system, showing fire hydrant and water main location and sizes;
[4] 
A copy of the Wanaque Fire Department's preplan for the facility; and
[5] 
Any building floor plan determined to be necessary by the Fire Chief.
F. 
Key vault/lock box minimum criteria.
(1) 
Locks must have the ability to be a master keyed to the lock utilized by the Wanaque Fire Department and the Wanaque Fire Prevention Bureau.
(2) 
Lock cylinders must have listings in accordance with UL 437, Safety Key Locks.
(3) 
System keys must withstand a minimum of 50 in./lbs. of torque when fully inserted.
(4) 
System keys shall be cut using a biaxial pattern similar to Medico Level 3 or better.
(5) 
Vendor must be able to provide official proof of UL listing.
(6) 
System keys must be able to be secured in an electric retention device controlled from the Fire/Police Dispatch Desk.
(7) 
Key vaults/lock boxes must be listed in accordance with UL 1307 anti-theft devices.
(8) 
Key vaults/lock boxes must have a minimum door and wall thickness of one-quarter-inch plate steel.
(9) 
Key vaults/lock boxes must have a weatherproof gasket seal of Neoprene or better around all openings.
(10) 
Key vaults/lock boxes must have a stainless-steel dust cap or cover over lock cylinder.
(11) 
Master key(s) will be held by the Wanaque Fire Department and the Wanaque Fire Prevention Bureau. Keys will be located within designated vehicles.
G. 
Noncompliance. Any responsible party in violation of any provision hereof shall receive written notice of the violation(s) and shall be provided 30 days to correct any violation(s) and come into compliance. Any responsible party, after receiving written notice by the Fire Chief and failing to correct the violation within the thirty-day period, shall be subject to a fine of up to $500 for each day of continued noncompliance following the end of the designated thirty-day period to correct any violation(s). Continued noncompliance may also result in the revocation of the certificate of occupancy.
H. 
Return of keys. Following the installation by a responsible party of a vault/lock box, all keys currently in the possession of the Wanaque Fire Department shall be returned to the responsible party.
I. 
Limitation of liability. The Borough of Wanaque Fire Department and the Fire Chief assume no liability for any defects in the operation of the key lock box, the keys contained in the key lock box, any information stored within the key lock box or otherwise provided to the Fire Chief, or the security of any property required to have a key lock box due to access of the key lock box by any person.