City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 56.
Alarm systems — See Ch. 211.
Uniform construction codes — See Ch. 300.
Fire insurance claims — See Ch. 362.
Fire lanes — See Ch. 367.
Hazardous materials — See Ch. 407.
Property maintenance — See Ch. 537.
Security gates — See Ch. 579.
Smoke detectors — See Ch. 609.
[Adopted 5-26-1998 by Ord. No. 98-42[1] (Ch. 256 of the 1990 Code)]
[1]
Editor's Note: This ordinance specifically repealed Ord. Nos. 85-27, 92-9, 96-33, 97-22 and 97-28, former Ch. 256, Fire Prevention, of the 1990 City of Vineland Code.
[Added 9-11-2001 by Ord. No. 2001-61; amended 6-11-2002 by Ord. No. 2002-37]
For the purposes of this article, the following terms shall be defined as follows:
ALARM USER
Any person, firm, partnership, association, corporation, company or organization of any kind that is in control of any building, structure or facility where a fire alarm system is present.
[Amended 11-22-2011 by Ord. No. 2011-57]
A. 
An alarm signal from a property eliciting a response by the City of Vineland Fire Department when such response is not necessary due to:
(1) 
Mechanical failure, malfunction, improper installation or improper maintenance of the alarm.
(2) 
Negligence or malicious intent of any alarm user.
(3) 
A nuisance alarm caused by the alarm user, such as, but not limited to, bathroom steam or chronic cooking mishaps.
B. 
A false alarm shall not include:
(1) 
An alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably within the control of the alarm agency or alarm user.
(2) 
The reasonable request by an alarm user for the Fire Department to investigate an accidental alarm.
C. 
Multiple alarms received by the Fire Department before the system can be deactivated within a reasonable period of time shall be considered a single alarm.
FIRE INSPECTOR
A person working under the direction of the Fire Official who is certified by the Commissioner of the Department of Community Affairs and appointed or designated to enforce the code by the appointing authority of a local enforcing agency.
[Amended 3-22-2005 by Ord. No. 2005-15; 11-22-2011 by Ord. No. 2011-56]
FIRE OFFICIAL
A person certified by the Commissioner of the Department of Community Affairs and appointed or designated to direct the enforcement of the code.
[Amended 3-22-2005 by Ord. No. 2005-15; 11-22-2011 by Ord. No. 2011-56]
LOCAL ENFORCING AGENCY
A municipal agency, fire department, fire district or county fire official authorized by municipal ordinance to enforce the act within a specific local jurisdiction.
[Amended 11-22-2011 by Ord. No. 2011-56]
[Amended 9-11-2001 by Ord. No. 2001-61]
Pursuant to the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code (N.J.A.C. 5:70 et seq.) shall be locally enforced in the City of Vineland.
[Amended 9-11-2001 by Ord. No. 2001-61; 3-22-2005 by Ord. No. 2005-15; 10-10-2006 by Ord. No. 2006-83; 11-22-2011 by Ord. No. 2011-56]
The local enforcing agency shall be the City of Vineland Fire Department, Fire Prevention Bureau, and shall be under the general supervision of the Chief of the Fire Department and the direct supervision and control of the Fire Official.
The local enforcement agency shall enforce the Uniform Fire Safety Act[2] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City of Vineland, other than owner-occupied one- and two-family dwellings, except buildings owned or operated by the federal government, the State of New Jersey and interstate agencies, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1]
Editor's Note: Former § 256-4, Enforcing agency, previously codified in this article, was repealed 9-11-2001 by Ord. No. 2001-61. See now § 372-3.
[2]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 9-11-2001 by Ord. No. 2001-61; 1-25-2005 by Ord. No. 2005-1; 3-22-2005 by Ord. No. 2005-15; 10-10-2006 by Ord. No. 2006-83]
A. 
The Director of the Fire Department shall recommend for appointment the Fire Official, who shall be appointed annually on January 1. The Fire Official shall serve pursuant to N.J.S.A. 52:27D-203 and until reappointment or replacement.
[Amended 11-22-2011 by Ord. No. 2011-56]
B. 
The Fire Official shall serve pursuant to the terms of noncompetitive positions established by the New Jersey Department of Personnel. The annual salary of the Fire Official shall be $2,500.
[Amended 11-22-2011 by Ord. No. 2011-56]
C. 
The Director of the Fire Department shall recommend for appointment such inspectors and other employees as may be necessary for the Fire Prevention Bureau to properly carry out its responsibilities, who shall be appointed by the appointing authority pursuant to the New Jersey Statutes Annotated, Title 11A, Civil Service.
D. 
The Fire Official, inspectors and other employees of the Fire Prevention Bureau shall be subject to removal by the Director of the Fire Department for just cause. Any employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
[Amended 11-22-2011 by Ord. No. 2011-56]
Pursuant to Sections 15, 17 and 18 of the Uniform Fire Safety Act,[1] any person aggrieved by an order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the City of Vineland.
[1]
Editor's Note: See N.J.S.A. 52:27D-206, 52:27D-208 and 52:27D-209, respectively.
The local enforcing agency established by § 372-2 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 11-22-2011 by Ord. No. 2011-56]
A. 
Inspections. In addition to the life-hazard use inspections required pursuant to the Act, the regulations of the Department of Community Affairs also require all non-life-hazard use buildings and structures to be inspected.
B. 
Registration fees.
(1) 
Businesses/uses that qualify as a life-hazard use will be assessed an annual registration fee in accordance with N.J.A.C. 5:70-2.9 by the New Jersey Division of Fire Safety.
(2) 
Businesses/uses that are non-life-hazard uses shall be assessed an annual fire safety registration fee per business and/or use according to the schedule below (use group as defined in the Uniform Construction Code):
(a) 
New initial registration: $50.
(b) 
Use Group A.
[1] 
Occupancy of less than 50 persons: $50.
(c) 
Use Group B.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(d) 
Use Group F.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(e) 
Use Group M.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(f) 
Use Group S.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(g) 
Use Group U.
[1] 
Zero to 999 square feet: $25.
[2] 
One thousand to 2,499 square feet: $50.
[3] 
Two thousand five hundred square feet or more: $75.
(h) 
Use Group R-1 and R-2 hotels and motels that do not qualify as a life-hazard use: $100.
(i) 
Vacant, closed or shuttered commercial buildings.
[1] 
Under 1,000 square feet: $100.
[2] 
One thousand square feet or more: $150.
(j) 
Private communities, such as but not limited to mobile home parks, gated communities or developments where site inspections are required for signage, fire hydrants, access, etc.: $100.
(k) 
Self-storage facilities: $150. This fee shall include all storage buildings and office regardless of amount of rental units.
(l) 
Any business that already pays a fee for a permit required under the Uniform Fire Code shall only be charged a registration fee of $25.
C. 
Inspection fees. Any business/use that neither qualifies as a life-hazard use or fits in a category as outlined under registration fees will be assessed an inspection fee of $25 at the time the building is inspected.
D. 
Responsibility. In accordance with N.J.A.C. 5:70-2.2, the landlord and tenant shall share equal responsibility for any violations, penalties or fees associated with the enforcement of the fire code.
E. 
The fee for a certificate of fire code status shall be $25.
F. 
Applications and fees for non-life-hazard use registrations shall be processed by the Fire Prevention Bureau.
G. 
Fire extinguisher training fees: If requested, the City of Vineland Fire Department shall provide fire extinguisher training to businesses and business/commercial entities on the proper use of different types of fire extinguishers. The fee for such service shall be $10 per person with a minimum session fee of $100. A session shall be limited to not more than 50 persons per session with a limit of four sessions per day. No fee shall be charged to any resident of the City of Vineland not associated with training for businesses and/or business/commercial entities.
[Added 7-31-2018 by Ord. No. 2018-42]
A. 
Types. In addition to the registration of life-hazard uses, certain activities and uses are required to be regulated with permits. Defined activities and uses for each permit type are as specified in the Uniform Fire Code.
B. 
Permit fees. Permit fees shall be as established by the Uniform Fire Code. Applications and fees for permits shall be processed by the Department of Fire.
C. 
Penalties. The City of Vineland shall enforce civil penalties whenever determined necessary by the Fire Official pursuant to the Uniform Fire Safety Act and the Uniform Fire Code.
[Amended 3-22-2005 by Ord. No. 2005-15; 11-22-2011 by Ord. No. 2011-56]
[Amended 3-22-2005 by Ord. No. 2005-15; 10-10-2006 by Ord. No. 2006-83; 5-8-2007 by Ord. No. 2007-35; 11-12-2008 by Ord. No. 2008-73]
A. 
Prior to the sale, lease or other change of occupancy for residential purposes of any one- or two-family dwelling located in the City of Vineland, the owner shall obtain a certificate of smoke detector compliance from the local enforcing agency.
B. 
For completed applications for a certificate of smoke detector compliance received by the local enforcing agency at least 10 working days prior to the change of occupant, the fee shall be $35 per inspection.
C. 
For each additional inspection conducted at the same location after the initial inspection, the fee shall be $35 and shall be paid in full prior to the scheduling of the reinspection.
D. 
For completed applications for a certificate of smoke detector compliance received by the local enforcing agency less than 10 working days prior to the change of occupant, the fee shall be $70 per inspection.
E. 
For completed applications for a certificate of smoke detector compliance received by the local enforcing agency less than four working days prior to the change of occupant, the fee shall be $125 per inspection.
F. 
In extenuating circumstances and only with prior approval of the Fire Official, the local enforcing agency may accept, in lieu of inspection, an affidavit that the smoke detector(s) have been installed, tested and are operational pursuant to the New Jersey Uniform Fire Code. Such affidavit shall be on forms provided by the local enforcing agency and shall be notarized. The fee for such certification shall be $35.
[Amended 11-22-2011 by Ord. No. 2011-56]
G. 
Applications and fees for smoke detector inspections shall be processed by the local enforcing agency.
H. 
The above fees apply to one-family dwellings. The applicable fees shall be doubled for two-family dwellings.
I. 
In the event a resale of a dwelling occurs without the certificate of smoke detector compliance being obtained as required herein, any seller or seller's agent that allows, permits, facilitates or causes such resale without obtaining a certificate of smoke detector compliance through a smoke detector inspection shall be fined the sum of $250, payable to The City of Vineland Fire Prevention Bureau.
[Added 11-22-2011 by Ord. No. 2011-58]
[Amended 6-11-2002 by Ord. No. 2002-37]
Any person or agency responsible for monitoring automatic fire alarm or fire suppression systems located within the City of Vineland shall immediately notify the Vineland Fire Department upon activation of said alarm. Exceptions to Fire Department notification shall be as follows:
A. 
Verification of a fire alarm is permitted only when a homeowner or resident promptly communicates to the satisfaction of the monitoring agency that a false alarm occurred and provides the appropriate password or code.
B. 
Fire drills and routine testing and maintenance being conducted on said system.
[Added 6-11-2002 by Ord. No. 2002-37; amended 3-22-2005 by Ord. No. 2005-15; 11-22-2011 by Ord. No. 2011-56; 11-22-2011 by Ord. No. 2011-57]
A. 
The Incident Commander shall prepare a report documenting each false/nuisance alarm responded to by the Fire Department. If doubt exists as to the cause of the false/nuisance alarm, the Fire Official or designee shall determine the circumstances of the activation.
B. 
The Fire Official shall investigate and keep a record of false/nuisance alarms responded to by the Fire Department, and the following penalties shall apply to the person to whom the alarm is issued:
(1) 
For the first false/nuisance alarm in any twelve-month period, a warning shall be issued.
(2) 
For up to three false/nuisance alarms in any twelve-month period, a fine of $50 for residential and $75 for commercial for each false/nuisance alarm shall be paid to the City of Vineland.
(3) 
For over three false/nuisance alarms in any twelve-month period, a minimum fine of $200 shall be issued. Penalties shall increase in increments of $100 for subsequent alarms within the twelve-month period.
C. 
On new installations, a grace period of 30 days shall be granted prior to the imposition of any fine to give the user an opportunity to become familiar with the alarm system.
D. 
All alarm users, both residential and commercial, shall provide the monitoring agency with a current list of names and phone numbers of responsible contact persons available to respond when an alarm is activated.
E. 
Authorized representative.
(1) 
All property owners shall have an authorized representative on location within 30 minutes of notification of an alarm. This representative must have access to all areas of the property, working knowledge of the alarm system, proper passcodes and the ability to place the system out of service with the alarm monitoring company if necessary.
(2) 
If the alarm company is unable to contact a representative, a written warning will be issued for the first offense and a fine of $100 for residential and $200 for commercial will be issued for each subsequent offense.
(3) 
If a representative is contacted but refuses to respond, an immediate fine of up to $200 will be issued.
(4) 
It is acceptable at the discretion of the incident commander to allow a representative who is unable to respond to correct the situation via telephone with the alarm company if possible. If the absence of a representative for whatever reason results in additional dispatches of the City of Vineland Fire Department for subsequent false/nuisance alarms, those alarms will be met with a penalty of $100 for residential and $200 for commercial per occurrence.
F. 
False alarms by contractors.
(1) 
Licensed fire protection and alarm contractors who cause false/nuisance alarms by failing to ensure the systems they are working on are placed on test mode prior to beginning work shall be issued a penalty of $200 per offense they commit regardless of address or location.
(2) 
If the Fire Prevention Bureau determines that the cause of alarm is due to the failure of the alarm monitoring company or central station to take precautions to prevent the transmission of alarms during testing, maintenance, service, installation, or fire drills, that monitoring company shall be held responsible and issued a penalty of $500.
(3) 
If the Fire Prevention Bureau determines that the cause of alarm is due to work being performed by a contractor, regardless of trade, said contractor shall be held responsible and issued a penalty of up to $500.
G. 
Anyone found to have tampered with or attempted to unlawfully disable a fire protection device in a property other than a single-family, owner-occupied residential dwelling shall be issued a penalty of up to $1,000.
Any business, building or premises which requires or requests the Vineland Fire Department to make access to said business, building or premises during times that said location is unoccupied or unattended shall provide and install a Knox Box of the type and specification provided by the Department. It shall be a violation of this article for any person not authorized by the Department to tamper with any component of the Knox Box system.
[1]
Editor's Note: See also Art. II, Knox Box Systems, of this chapter.
All public water supply projects, either new or replacement, shall be subject to approval by the Department of Fire with respect to adequate main size and placement of fire hydrants. No fire hydrant shall be placed in service or removed from service other than for routine maintenance without the approval of the Department of Fire. The Vineland Fire Department shall reference the standards issued by the National Fire Protection Association in regard to the above approvals.
[Adopted 11-25-2008 by Ord. No. 2008-79]
A Knox-Box Rapid Entry System, hereinafter referred to as "knox box," shall be installed in various commercial buildings as set forth in this article to provide emergency responders with immediate access to locked buildings in emergency situations, thereby greatly reducing the potential for loss of life and property damage.
A knox box shall be installed on any commercial building that:
A. 
Is classified as a life hazard use in accordance with the State of New Jersey Uniform Fire Code.
B. 
Is 12,000 square feet or greater.
C. 
Contains large quantities of hazardous materials.
D. 
Has an elevator.
E. 
Has security gates as defined in Chapter 579, Security Gates (Ordinance No. 2005-49).
F. 
Has a history of chronic false or nuisance alarms as defined in this chapter (Ordinance No. 2002-37).
Gated communities and other gated areas shall install a "knox key switch" on their gates to allow emergency responders to raise and lower the gates as needed.
Business complexes, malls, multisuite buildings that meet the criteria listed above shall have the option of installing one large knox box to accommodate all tenants or an individual knox box for each suite.
The Department of Licenses and Inspections shall ensure that any new construction, tenant fit up, or elevator installation that meets the criteria listed above install a knox box in accordance with this article prior to the issuance of a certificate of occupancy.
Prior to installation, the building owner shall meet with a representative from the Fire Department to determine placement and contents of the knox box.
Should a building owner whose building fits the criteria listed above wish to not install a knox box system, said owner may submit a letter stating their reasons to the Fire Prevention Bureau within 10 days of being cited to install. At that time the Fire Official shall review the situation with the Fire Chief to determine if a variance is warranted.
A. 
It shall be the responsibility of the building owner to ensure the maintenance of the knox box. Each box will be checked annually by a representative of the Fire Prevention Bureau or Fire Department.
B. 
It shall also be the responsibility of the building owner to inform the Fire Department every time a key needs to be added to or changed from the knox box.
It shall be the duty of the Fire Prevention Bureau to enforce this article. The knox box installation shall be sited on the annual business inspection for each property. If a property owner refuses to comply, a citation will be issued through the Vineland Municipal Court.
A. 
Upon notice from the Fire Prevention Bureau, a building owner shall have 30 days to order and receive a knox box.
B. 
Upon receipt of the knox box the building owner shall notify the Fire Department and make an appointment to determine the placement and contents of the box.
C. 
The knox box shall be installed and ready for use no later than 10 days after meeting with the Fire Department.
D. 
This timetable may be extended in the case of new construction.
E. 
The building owner shall not be held responsible for a delay caused by either the Fire Department or the knox box vendor.
A. 
Refusal to comply with this article shall be punishable by forfeiture of no less than $100 and not more than $500 plus court costs.
B. 
For each day the violation is not remedied, it shall be considered a separate offense.