Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 9-12-1985 by Ord. No. 85-10. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 49.
Uniform construction codes — See Ch. 185.
Property maintenance — See Ch. 276.
Zoning — See Ch. 365.

§ 212-1 Local enforcement.

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 Wallington.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 212-2 Local enforcing agency designated.

The local enforcing agency shall be the Municipal Fire Department.

§ 212-3 Enforcement of regulations.

The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of Wallington, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 212-4 Periodic inspections of life hazard uses.

The local enforcing agency established by § 212-2 of this chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 212-5 Supervision over local enforcing agency.

The local enforcing agency established by § 212-2 of this chapter shall be a part of the Fire Department of the Borough of Wallington and Fire Prevention Bureau of the Borough of Wallington and shall be under the direct supervision and control of the governing body of the Borough of Wallington.

§ 212-6 Fire Official, inspectors and other employees.

A. 
The governing body shall appoint the Fire Official.[1]
[1]
Editor's Note: Former § 179-6B, providing a term of one year for the Fire Official, which immediately followed this subsection, was repealed 6-21-2012 by Ord. No. 2012-18. This ordinance also redesignated former Subsections C and D as Subsections B and C, respectively.
B. 
The governing body of the Borough of Wallington shall appoint such inspectors as may be necessary to carry out all required inspection activity in the Fire District. Such inspectors shall be under the supervision and control of the Fire Official.
C. 
Inspectors and other employees of the enforcing agency shall be subject to removal by the governing body of the Borough of Wallington for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.

§ 212-7 Appeals.

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 County Board of Appeals of the County of Bergen.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 212-8 Additional required inspections.

In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
A. 
Assembly use.
B. 
Business use.
C. 
Educational use.
D. 
Factory use.
E. 
High-hazard and high-rise use.
F. 
Institutional use.
G. 
Mercantile use.
H. 
Storage use.
I. 
Utility and miscellaneous use.
J. 
Hotel, motel and boardinghouse use.
K. 
Multiple-dwelling use (three dwellings or more).
L. 
Only two-family use not owner-occupied.

§ 212-9 Multipurpose rooms; fees.

[Added 4-24-1986 by Ord. No. 86-3; 4-8-1993 by Ord. No. 93-5; 4-27-1995 by Ord. No. 95-7; 6-21-2012 by Ord. No. 2012-18; 4-21-2016 by Ord. No. 2016-7]
A. 
A permit fee costing $55 shall be required for the occasional use in any building of a multipurpose room for amusement or entertainment. This permit shall be required where the Fire Official determines that a measure of hazard to life and property may be present due to the nature of the affair to be held. The Fire Official may require the installation of firesafety devices where, in his judgment, they are necessary to provide safety to life and property. In addition, the Fire Official may prescribe limitations upon operations that are liable to cause fire, contribute to fire or endanger life or property. A separate permit will be required for each occasion. The applicant shall have the right to appeal the decision of the Fire Official, who shall advise the applicant as to the procedure of appeal.
B. 
An annual inspection fee shall be charged for inspecting non-life-hazard uses as follows:
Floor Area of Premises
(square feet, gross)
Fee
Less than 1,000
$60
1,000 to 3,000
$60
3,100 to 7,500
$75
Over 7,500
$85

§ 212-10 Single-family dwellings; multiple-family dwellings; fees.

[Added 6-30-1994 by Ord. No. 94-16]
A. 
Inspection. The Wallington Bureau of Fire Prevention shall carry out the periodic inspections of life-hazard and non-life-hazard uses for both single- and multiple-family dwellings required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
B. 
Appeals. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the Wallington Bureau of Fire Prevention shall have the right to appeal to the Construction Board of Appeals of Bergen County.
[Amended 12-18-2014 by Ord. No. 2014-15]
C. 
Additional inspections and fees. In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
(1) 
Any property containing two or more dwelling units must have at least one smoke detector on each level of the dwelling, including basements, excluding attic or crawl space, and a smoke detector and carbon monoxide alarm outside each separate sleeping area within 10 feet of all bedrooms. Prior to sale of any such property, it shall be inspected for compliance with this section, whereupon a certificate of compliance will be issued. The fee for this inspection shall be $55.
[Amended 6-21-2012 by Ord. No. 2012-18]
(2) 
Whenever violations are noted during any inspection made under this section or under the New Jersey Uniform Fire Code, and if a reinspection is necessary, the building owner or occupant will be charged an additional $40 per reinspection, except for the first reinspection, for which there shall be no fee.
[Amended 6-21-2012 by Ord. No. 2012-18; 4-21-2016 by Ord. No. 2016-7]
(3) 
The fees for all other inspections are as follows:
[Amended 6-21-2012 by Ord. No. 2012-18; 4-21-2016 by Ord. No. 2016-7]
(a) 
One to two units (not owner-occupied): $60.
(b) 
Three to five units: $85.
(c) 
Six to 10 units: $110.
(d) 
Eleven to 20 units: $135.
(e) 
Twenty-one to 30 units: $160.
(f) 
Thirty units or more: $185, plus $25 per unit after the first 30 units.
(4) 
Any dwelling unit must have at least one carbon monoxide detector in each level of the building. Prior to the sale of any such property, it shall be inspected for compliance with this section, whereupon a certificate of compliance will be issued. The fee for this inspection shall be $35.
[Added 6-27-1996 by Ord. No. 96-12]
(5) 
The fee for a fire investigation report shall be $20.
[Added 6-21-2012 by Ord. No. 2012-18; amended 4-21-2016 by Ord. No. 2016-7]

§ 212-11 Key lock box entry system.

[Added 2-28-2013 by Ord. No. 2013-03]
A. 
Purpose. The Council of the Borough of Wallington determined that the health, welfare and safety of the citizens and business owners of the Borough of Wallington are promoted by requiring certain structures to have a key lock box installed on the exterior of the structure to aid the Wallington Volunteer Fire Department or Police Department in gaining access to or within a structure when responding to calls for an emergency service and to aid access into or within a building that is secured or is unduly difficult to gain entry due to being either unoccupied or the occupants are unable to respond.
B. 
Key lock box system.
(1) 
The following structures shall be equipped with a key lock box at or near the main entrance or such other location as required by the Fire Official or Fire Chief:
(a) 
Commercial or industrial structures.
(b) 
Multifamily-residential structures that have restricted access through locked doors but have a common corridor for access to the living units.
(c) 
Schools, whether public or private.
(d) 
Governmental structures and nursing care facilities unless the building is staffed or open 24 hours.
(2) 
All new construction and new occupancies by tenants subject to this section shall have a key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have 12 months from the enactment date of this section to have a key lock box installed and operational.
(3) 
The type of key lock boxes to be implemented within the Borough shall be a Knox-Box® brand system.
C. 
Installation. The size and model of the Knox-Box® installed shall be determined by the number of keys to be placed in the box and the specifications set forth by the Knox-Box® manufacturer.
(1) 
Number of keys in the Knox-Box® cannot exceed the maximum number recommended by the box manufacturer.
(2) 
All Knox-Boxes® shall be installed to the left side of the main business door.
(3) 
All Knox-Boxes® shall be mounted 60 inches from the ground.
(4) 
In the event that the Knox-Box® cannot be installed at the aforesaid location and/or height, the Fire Official or Fire Chief may designate in writing a different location and installation specifications.
(5) 
All Knox-Boxes® may have a tamper switch installed in the building as an intrusion/burglar alarm.
(6) 
All realty and/or property with an electronic security gate shall have the Knox-Box® installed outside of the gate or should install a Knox-Box® padlock.
(7) 
The Fire Official, Fire Chief or Building Official must approve any changes in the installation.
(8) 
Purchase and installation of the Knox-Box® will be the sole responsibility of the building owner.
D. 
Maintenance. The operator of the building shall immediately notify the Fire Official, Fire Chief or Building Official when any locks are added, changed or rekeyed which cannot currently be opened by the current key set in the Knox-Box®. Additional keys should be added to the Knox-Box® immediately.
E. 
Contents of lock box. The contents of the lock box should include (but not be limited to) the following:
(1) 
Keys to locked points of ingress or egress, whether on the interior or exterior of such buildings.
(2) 
Keys to all mechanical rooms.
(3) 
Keys to all locked electrical and utility rooms.
(4) 
Keys to elevators and their control rooms.
(5) 
Keys to the fire alarm panels and fire-suppression systems.
(6) 
Keys to reset pull stations or other fire protective devices.
(7) 
Building access cards, as needed.
(8) 
Keys to any other areas as requested by the Fire Official or Fire Chief.
F. 
Fire Department responsibilities.
(1) 
No Fire Department personnel shall carry a Knox-Box® master key unless at an emergency scene.
(2) 
All Knox-Box® master keys shall be installed in a Knox-Box® Sentra-Loc or similar system installed in the fire apparatus.
G. 
Exceptions to requirement to install a key lock box system. The following structures are exempt from the mandate to install a key lock box system:
(1) 
Single-family structures and multifamily structures that do not meet the definition set forth in § 212-11B(1)(b).
(2) 
Structures that have twenty-four-hour three-hundred-sixty-five-day on-site security personnel or have other personnel on site.
(3) 
Businesses that are open and staffed 24 hours a day, 365 days per year (which may include, but are not limited to, nursing homes, hospitals, police and fire stations, etc.).
(4) 
Rental storage facilities where there are single locks on the separate storage pods that are renter supplied; provided, however, the entry security gate(s) will require a Knox-Box® if electronically controlled or locked with a master key issued by the landlord to all tenants.
H. 
Penalties. Any person, entity or corporation who has violated any provisions of this section or who has failed to comply with any order issued by the Fire Official or Fire Chief or has failed to comply with any order issued pursuant to any section thereof shall, upon conviction before the proper judicial authority, be punished by a fine as set forth in § 212-12 below. Each day a violation continues shall be considered a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 212-12 Violations and penalties. [1]

Any person who violates the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).