[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 656-93]
[Amended 6-9-1999 by Ord. No. 742-99; 7-9-2003 by Ord. No.
785-2003]
All regulations contained under the Uniform
Fire Code, N.J.A.C 5:70 et seq and N.J.A.C. 5:70-3.1 and N.J.A.C.
5:70-3.2 et seq., or contained under the Uniform Fire Safety Act,
P.L. 1983 c.383),[1] are incorporated herein by reference.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
[Amended 7-9-2003 by Ord. No. 785-2003]
Pursuant to Section 11 of the Uniform Fire Safety
Act,[1] P.L. 1983 c.383 and N.J.A.C. 5:70-1 et seq., all provisions
of this article shall be enforced locally by the Northvale Fire Prevention
Bureau.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The Fire Prevention Bureau of Northvale is created and is designated to enforce the New Jersey Uniform Fire Code and all regulations promulgated thereunder and such related provisions and authorities as set forth in § 101-1 hereof.
The local enforcement agency created herein
shall enforce the Uniform Fire Safety Act, Uniform Fire Code and regulations
adopted under it in all buildings, structures and premises within
the Borough of Northvale other than owner-occupied one- and two-family
dwellings.
[Amended 6-9-1999 by Ord. No. 742-99]
The Northvale Fire Prevention Bureau established under § 101-3 hereof shall be supervised by the Fire Marshal. The Fire Prevention Bureau shall consist of the Fire Marshal, Inspectors and such employees deemed necessary by the Mayor and Council to adequately enforce the Uniform Fire Safety Act, Uniform Fire Code and the provisions of this article.
[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall prepare and forward a
monthly report to the Mayor and Council through the designated Council
liaison. The Fire Marshal shall prepare a yearly budget and maintain
accurate records in regard to all activities of the Fire Prevention
Bureau and forward an annual report to the designated Council liaison.
[Amended 6-9-1999 by Ord. No. 742-99]
A.
Appointment of Fire Marshal. The Fire Marshal shall
be appointed by the Mayor and Council. The Fire Marshal shall serve
for a term of two years from January 1 of the year of appointment.
B.
Appointment of Inspectors and other employees. Inspectors
and other employees of the enforcing agency shall be appointed by
the Mayor and Council with due consideration being given to the recommendations
of the Fire Marshal. The employees of the Fire Prevention Bureau shall
be appointed by the Mayor and Council pursuant to this article. The
term of all Fire Inspectors and any other employees shall be for one
year from January 1 of the year appointment.
C.
Removal from office. The Fire Marshal, Inspectors
and any other employee of the Northvale Fire Prevention Bureau shall
be subject to removal by the Mayor and Council for inefficiency or
misconduct. The Fire Marshal, Inspectors or other employees to be
so removed shall be afforded an opportunity to be heard by the appointing
authority or a hearing officer designated by the appointing authority.
[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall meet the following qualifications
in order to be appointed:
A.
He or she shall hold a valid certification as a New
Jersey Fire Marshal.
B.
He or she shall have at least three years experience
as a certified Fire Inspector.
C.
He or she shall hold a valid Fire Protection Inspector
license (H.H.S.).
D.
He or she shall hold a valid Fire Protection Subcode
Official license.
The Fire Inspectors shall meet the following
qualifications:
Pursuant to N.J.S.A. 52:27D-206, any person
aggrieved by any order of the Northvale Fire Prevention Bureau shall
have the right to appeal to the Bergen County Construction Board of
Appeals.
[Amended 7-9-2003 by Ord. No. 785-2003]
The Northvale 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 the New Jersey Department
of Community Affairs. The scope and classification of life hazards
are recognized as per N.J.A.C. 5:70-2.4 fees established as per N.J.A.C.
5:70-2.9. All other uses shall be considered non-life-hazard uses.
[Amended 6-9-1999 by Ord. No. 742-99; 7-9-2003 by Ord. No.
785-2003]
A.
In addition to fees and inspections of life-hazard uses pursuant
to the New Jersey Uniform Fire Code, the additional inspections and
fees relative to nonlife hazards as set forth hereinbelow shall be
required annually. Fees shall be due before March 31 of each year.
Inspections shall be conducted annually.
[Amended 11-20-2007 by Ord. No. 848-2007; 2-11-2015 by Ord. No. 948-2015]
(1)
Business, Mercantile and Assembly Use Group: except life-hazard uses as per § 101-11:
|
Size
(square feet)
|
Fee
| |
|---|---|---|
|
Less than 1,000
|
$50
| |
|
Less than 5,000 and more than 999
|
$75
| |
|
Less than 12,000 and more than 4,999
|
$150
|
(2)
Storage Use Group, except life-hazard uses as per § 101-11:
|
Size
(square feet)
|
Fee
| |
|---|---|---|
|
Less than 2,500
|
$75
| |
|
Less than 7,000 and more than 2,499
|
$150
| |
|
Less than 12,000 and more than 6,999
|
$225
| |
|
More than 12,000
|
$350
|
(3)
Factory, Industrial and Commercial Use Group, except life-hazard uses as per § 101-11:
|
Size
(square feet)
|
Fee
| |
|---|---|---|
|
Less than 1,000
|
$100
| |
|
Less than 6,000 and more than 999
|
$150
| |
|
Less than 10,000 and more than 5,999
|
$200
| |
|
More than 10,000
|
$300
|
(4)
Non-owner-occupied Residential - Multiple Dwelling Use Group:
|
Size
(square feet)
|
Fee
| |
|
Non-owner-occupied 3 units and up
|
$75, plus $10 for each unit over 5 units
|
(5)
Any other use not otherwise classified/covered by enforcement under
this section:
|
Size
(square feet)
|
Fee
| |
|---|---|---|
|
Less than 1,000
|
$50
| |
|
Less than 5,000 and more than 999
|
$75
| |
|
Less than 12,000 and more than 4,999
|
$150
| |
|
More than 12,000 (except life hazard)
|
$300
|
B.
Required permits under N.J.A.C. 5:70-2.7 shall be
charged as set forth in the Uniform Fire Code.
There is hereby adopted by the Mayor and Council
of the Borough of Northvale the fire control measures and regulations
as herein set forth for the purposes of controlling conditions which
could impede or interfere with fire suppression forces. For the purpose
of this article, the "Fire Chief" shall be defined as Fire Chief,
line officer or fire fighter in charge of the particular emergency.
The Fire Chief or duly authorized representative
as may be in charge at the scene of a fire is empowered to direct
such operations as may be necessary to extinguish or control any suspected
or reported fires, gas leaks or other hazardous conditions or situations
or of taking any other action necessary in the reasonable performance
of his duty. The Fire Chief may prohibit any person, vehicle or object
from approaching the scene and may remove or cause to be removed from
the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Chief may remove
or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Chief.
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,
conspire to interfere with, obstruct or hamper any Fire Department
emergency personnel.
A person shall not willfully fail or refuse
to comply with any lawful order or direction of the Fire Chief or
interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over
any unprotected fire hose of the Fire Department when laid down on
any street, alleyway, private drive or any other vehicular roadway
without the consent of the Fire Chief in command of said operation.
Authorized emergency vehicles shall be restricted
to those which are defined and authorized under the laws of the State
of New Jersey.
A person shall not, without proper authorization
from the Fire Chief 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 manipulate or tamper with or attempt to manipulate
or tamper with anything associated with any part of the Fire Department
emergency vehicle or equipment attendant thereto.
A.
It shall be unlawful to obscure from view, to damage
or deface or to obstruct or restrict the access to any fire hydrant
of any Fire Department connections that are located on public or private
streets and access lanes or on private property.
B.
If, upon the order of the Fire Chief or Fire Marshal,
obstructions or encroachments are not removed, the Fire Chief or Fire
Marshal shall proceed to remove the same. The cost incurred in the
performance of the necessary work shall be paid from the municipal
treasury on certification of the Fire Chief or Fire Marshal and with
the approval of the governing body, and the legal authority of the
municipality shall institute appropriate action for the recovery of
such costs.
[Amended 6-9-1999 by Ord. No. 742-99]
[Amended 6-9-1999 by Ord. No. 742-99]
A person shall not use or operate any fire hydrant
intended for use of the Fire Department unless such person first secures
a permit for such use from the Fire Marshal and the Hackensack Water
Company. This section shall not apply to the use of such hydrants
by a person employed by and authorized to make such use by the Hackensack
Water Company.
[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall recommend to the Mayor
and Council 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 water
flow and distribution pattern. A fire hydrant shall not be placed
into or removed from service until approved by the Fire Marshal. The
Fire Marshal shall further review all zoning applications before the
Planning Board and/or the Zoning Board of Adjustment of the Borough
of Northvale relating to light industrial use, and he shall give a
written recommendation to such Board concerning the need for any additional
fire hydrant or similar fire-fighting equipment on the subject property.
[Amended 6-9-1999 by Ord. No. 742-99]
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 Marshal. 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 Marshal.
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, without the permission
of the Police Chief and notification to the Fire Chief. 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.
It shall be a violation of this article for
any person, firm, corporation, owner, tenant or person responsible
for a given structure or premises to fail to immediately notify the
Fire Department and immediately evacuate the entire structure when
any of the following conditions are present:
A.
The fire alarm is activated.
B.
There is smoke in the structure.
C.
An explosion has occurred.
D.
There is a fire in the structure.
E.
Any fire protection system (sprinklers, etc.) is activated.
F.
Whenever a hazardous or flammable material is spilled,
leaked or exposed and has the potential to endanger the occupants
on the premises.
A.
The Fire Marshal may require and designate public
or private fire zones and/or lanes as deemed necessary for the efficient
and effective use of fire apparatus and equipment and to ensure the
safe and timely egress of occupants and ingress of fire suppression
forces.
[Amended 6-9-1999 by Ord. No. 742-99]
B.
The Police Chief shall be consulted prior to designation,
and due consideration shall be given to the recommendations of the
Police Chief.
C.
Obstruction. Designated fire zones and lanes shall
be maintained free of obstruction and vehicles at all times. Designated
fire zones and lanes shall be utilized by the Fire Department only.
Police and emergency medical service vehicles are hereby exempt from
the requirements of this subsection when on emergency responses.
D.
Handicapped, senior citizens, delivery and similar
vehicles, in addition to all other vehicles and obstructions, are
hereby specifically prohibited from obstructing, stopping, parking
or otherwise utilizing fire zones and lanes.
E.
Marking and posting. Fire lanes shall be marked as
ordered by the Fire Marshal. However, minimum parking shall be as
follows:
[Amended 6-9-1999 by Ord. No. 742-99]
(1)
Fire lanes shall be bordered on both sides by a minimum
six-inch yellow stripe painted on the surface.
(2)
Approved weatherproof signs shall be attached to the
structure in locations approved by the Fire Marshal or on posts located
no more than 50 feet apart.
(3)
"Fire Lane" shall be painted on the surface and shall
be in yellow letters, at a minimum height of 18 inches. "Fire Lane"
shall be painted every 50 feet and/or at locations approved by the
Fire Marshal.
F.
Fire zones. Fire zones shall be marked as ordered
by the Fire Marshal. However, minimum markings shall be as follows:
[Amended 6-9-1999 by Ord. No. 742-99]
(1)
Fire zones shall be marked around their entire perimeter
with a yellow line having a minimum width of four inch and diagonal
four-inch yellow lines every three feet.
(2)
Approved weatherproof signs shall be attached to the
structure and locations approved by the Fire Marshal or on posts located
as required by the Fire Marshal.
(3)
"Fire Zones" shall be painted on the surface and shall
be in yellow letters with a minimum height of 18 inches. "Fire Zones"
shall be painted at locations approved by the Fire Marshal.
G.
Approved signs. Fire zones lane signs shall be weatherproof
with white reflective background and bright red letters with a minimum
height of two inches. The sign shall read "Fire Zone - No Parking"
or "Fire Lane - No Parking." All signs shall be maintained in good
condition and shall be free from rust or any other condition that
would cause such sign to obstruct visibility. "No parking" is hereby
defined for the purposes of this article as follows: No parking shall
mean no parking, stopping, loading, unloading or otherwise obstructing.
H.
Enforcement. The provisions of this section concerning
fire lanes and fire zones shall be enforced by the Fire Marshal and
inspector who shall have powers concurrent with that of the police
department of the Borough of Northvale to issue summonses for offenses
or violations. The summonses shall be returnable in the Municipal
Court of the Borough of Northvale and any and all fines that are collected
shall be remitted to the Treasurer of the Borough of Northvale.
[Amended 6-9-1999 by Ord. No. 742-99]
[Amended 3-9-1994 by Ord. No. 667-94]
Any person who shall violate the provisions of § 101-26C of this article or fail to comply herewith, or who shall violate or fail to comply with any order made thereunder, shall, for each violation, be assessed a penalty of not more than $100.
[Adopted 8-6-1991 by Ord. No. 632-91]
Each owner and/or lessee, which shall include
individuals, partnerships and/or corporations, who or which owns or
leases property and/or structures wherein and whereon hazardous chemicals
are manufactured, processed, handled, used or stored in any manner
shall:
A.
Once a year provide the Fire Prevention Bureau and
Construction Code Official with a Safety Control Chemical Data Sheet
(Form LSBOOS-4) as provided by the United States Department of Labor
or an alternative form as approved by the Fire Prevention Bureau.
B.
Once a year provide the Fire Prevention Bureau and Construction Code Official with a plot plan of its property indicating the location of hazardous chemical storage areas, including the location of all stationary liquid containers and container storage areas containing a quantity of hazardous materials and/or substances in excess of the amounts provided in § 101-30 hereof.
A.
If it is determined that a local permit is required or the premises are required to be registered for manufacturing, processing, handling, use or storage of hazardous materials under the New Jersey Uniform Fire Code in excess of amounts established under § 101-30 hereof, an initial registration fee of $75 shall be required.
B.
When the required fee has been paid to the Fire Marshal
or other designated official and the other sections of this article
have been complied with, a permit shall be issued by the Fire Marshal.
The permit shall list, by type and class, as defined in the Fire Prevention
Code, the hazardous material and substances which may be stored on
the premises covered by the permit. For each type and class of hazardous
substances, the permit shall list the areas in which storage of such
hazardous substances are permitted, the amount permitted in each area
and the type of storage, such as (by way of example and not limitation)
underground tank, aboveground tank or fifty-five-gallon drum. The
type or class of hazardous substances stored in a given area shall
not be changed to a different type or to a more hazardous class without
written notice to the Fire Prevention Bureau at least 24 hours before
the change. An update fee of $35 shall be included with said written
notice.
(1)
All application forms and other necessary forms shall
be provided for by the Borough and obtainable from the Fire Marshal.
When completed, they shall be filed with the Fire Marshal, together
with the required fee.
(2)
All permits shall continue in effect until such time
as there is a change in the type, class or amount of the hazardous
material or if said hazardous material is moved to another portion
of the premises different than that provided for on the permit.
(3)
The applicant must provide the Fire Prevention Bureau and Construction Code Official with a fully completed Safety Control Chemical Data Sheet as required by § 101-28A hereof. All items thereon shall be completed. If an answer to an item is properly "none" or "not applicable," it shall be so stated.
(4)
The applicant must also provide the Fire Prevention
Bureau and Construction Code Official with a fully completed plot
plan as required by § 101-28C hereof.
(5)
The applicant shall clearly identify each storage
tank, storage area and building containing hazardous materials by
conspicuously marking it in accordance with National Fire Prevention
Association (NFPA) 704 - 1975 Standard. Underground tanks shall be
marked on the fill or vent pipe. Drums and other container storage
areas shall be clearly marked, in accordance with NFPA system, in
such a manner as to readily identify the hazardous chemicals stored
therein. Placard classifications shall be kept current as to reflect
materials that are stored, used or manufactured. All placards shall
conform to NFPA Standard 704 and shall be weatherproof and permanently
secured. Placards shall be legible for a distance of at least 100
feet.
The requirements of this article shall become
effective on the basis of the following schedule:
A.
Flammable liquids: 120 gallons.
B.
Combustible liquids: 250 gallons.
C.
Flammable cases: 3,000 cubic feet.
D.
Liquefied flammable cases: 60 gallons.
E.
Flammable solids: 500 pounds.
F.
Unstable materials: full reporting.
G.
Corrosive liquids: 110 gallons.
H.
Oxidizing material: 6,000 cubic feet.
I.
Oxidizing material, liquids: 50 gallons.
L.
Nitromethane (unstable materials): full reporting.
M.
Ammonium nitrate: 1,000 pounds.
N.
Highly toxic materials and poisonous gas: full reporting.
O.
Irritants: 5,000 pounds.
P.
Sensitizers: 5,000 pounds.
Q.
Smokeless powder: 20 pounds.
R.
Black sport powder: five pounds.
A.
General compliance.
(1)
All persons engaged in hazardous chemical operations
shall carry out such operations in a manner to protect the health,
safety and welfare of the public from such operations.
(2)
All persons engaged in hazardous chemicals operations
shall comply with the requirements and the standards set forth in
this article. The Fire Prevention Bureau may accept equivalent protection
where strict compliance would create a hardship.
B.
Specific compliance. Every person engaged in hazardous
chemical operations shall:
A.
Every day after an initial court adjudication of a
violation that the provisions of this article are violated by an owner
and/or lessee of any building or location shall be a separate and
distinct violation of this article.
B.
All penalties as provided pursuant to the New Jersey
Uniform Fire Code and as set forth under N.J.A.C. 5:18-2.12 shall
be applicable herein and are expressly incorporated in this article.
