[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repealed Ord.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:
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]
An alarm signal from a property eliciting a response by the
City of Vineland Fire Department when such response is not necessary
due to:
A false alarm shall not include:
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.
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]
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]
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.
[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.
(h)
Use Group R-1 and R-2 hotels and motels that do not qualify
as a life-hazard use: $100.
(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 $50 per inspection.
[Amended 7-26-2022 by Ord. No. 2022-56]
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 $100 per inspection.
[Amended 7-26-2022 by Ord. No. 2022-56]
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 $175 per inspection.
[Amended 7-26-2022 by Ord. No. 2022-56]
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.
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.
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.
