There is hereby adopted by the Borough, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, that certain code known as the "New Jersey Uniform
Fire Code," being particularly the current edition thereof and the
whole thereof, of which not fewer than three copies are on file in
the office of the Borough Clerk, and the same is hereby adopted and
incorporated in full as if set out at length herein, and the provisions
thereof shall be controlling within the Borough.
As may be used in the New Jersey Uniform Fire Code adopted in
this article, the following terms shall have the meanings hereby ascribed
to them:
The Bureau of Fire Prevention.
The Chief of the Fire Department.
The Fire Official.
The Borough Attorney.
The Lincoln Park Fire Department.
The Borough Council.
The Borough of Lincoln Park.
B.
The local enforcing agency shall be the Lincoln Park Bureau of Fire
Prevention heretofore created as part of the Lincoln Park Fire Department.
C.
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 Lincoln Park, 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.
D.
The Bureau of Fire Prevention shall carry out the periodic inspections
of life hazard uses required by the Uniform Fire Code on behalf of
the Commissioner of Community Affairs.
A.
Appointment of Fire Official. The Fire Official shall be appointed
by the Mayor, with the advice and consent of Council, and certified
by the Commissioner of Community Affairs.
B.
Term of office. The Fire Official shall serve for a term of two years.
Any vacancy shall be filled for the unexpired term.
C.
Monthly reports; recommendations. The Fire Official shall submit
monthly reports to the Fire Chief and the Borough Administrator. The
report shall contain all proceedings under the Uniform Fire Code,
a breakdown of all fees collected thereunder, the number of inspections
performed by each fire inspector and such statistics as the Fire Official
may wish to include therein. The Fire Official shall also recommend
any amendments to the Uniform Fire Code or this article which, in
his/her judgment, shall be desirable.
D.
Inspectors and employees. Such inspectors and other employees as
may be necessary shall be appointed by the Mayor, with the advice
and consent of Council, upon recommendation of the Fire Official.
E.
Removal from office. The Fire Official, inspectors and any other
employees of the enforcing agency shall be subject to removal by the
Mayor and Council for inefficiency or official misconduct. The Fire
Official, inspectors or employees to be so removed shall be afforded
an opportunity to be heard by the appointing authority or a designated
hearing officer.
F.
Duties. The Fire Official and inspectors shall enforce the Uniform
Fire Safety Act and the codes and regulations adopted under it within
the established boundaries of the Borough of Lincoln Park and shall
faithfully comply with the requirements of the Uniform Fire Safety
Act and the Uniform Fire Code.
A.
The limits referred to in the 2006 International Fire Code, as modified
by N.J.A.C. 5:70-3.2, or any amendment thereto, adopted in this article,
in which storage of flammable liquids in outside aboveground tanks
is prohibited are hereby established as follows: in all zone districts
but the Industrial Zone.
B.
The limits referred to in the 2006 International Fire Code, or any
amendment thereto, in which bulk, processing or industrial plants,
refineries or other plants and distilleries and all buildings, tanks
and equipment used for storage, processing, distillation, refining
or blending of flammable or combustible liquids are restricted are
hereby established as follows: in all zone districts but the Industrial
Zone.
The limits established in the 2006 International Fire Code,
as modified by N.J.A.C. 5:70-3.2, or any amendment thereto, in which
bulk storage of liquified petroleum gas is restricted are hereby established
as follows: in all zone districts but the Industrial Zone.
The limits referred to in the 2006 International Fire Code,
as amended by N.J.A.C. 5:70-3.2, in which storage of explosives and
blasting agents is prohibited are hereby established as follows: in
all zone districts.
[Amended 9-17-2001 by Ord. No. 1,269, effective 10-7-2001]
A.
Whenever an application is required for a permit under this article,
or any permits are required by any section of the Uniform Fire Code,
each application therefor will be accompanied by the permit fee established
by N.J.A.C. 5:70-2.9, or any amendment thereto.
B.
If, upon such application, the Fire Official shall determine a need
for expert investigators, he shall recommend the same to the governing
body, and the applicant shall pay the fees or costs of such investigation
by the expert investigators if sanctioned by the governing body.
C.
Inspection of life hazard uses.
(1)
All life hazard uses shall be inspected for compliance with the provisions
of the Uniform Fire Code and this section periodically but not any
less often than specified herein:[1]
(a)
Type Aa through Aj life hazard uses: once every 12 months, except
day nurseries and day-care centers with a maximum permitted occupancy
of 100 or more which shall be inspected once every six months.
(b)
Type Ba through Bp life hazard uses: once every 12 months.
(c)
Type Ca through Ci life hazard uses: once every three months.
(d)
Type Da through Dc life hazard uses: once every three months.
(2)
The periodic inspection of a covered mall may be limited to the common
areas.
(3)
Where a life hazard use is operated on a seasonal basis, the number
of required annual inspections shall not be reduced. Inspections of
Type Ca through Ci and Type Da through Dc life hazard uses which are
in operation for only a portion of the year shall be conducted immediately
prior to opening and closing and twice during operation of the use.
(4)
Within 30 days following each annual and every other quarterly inspection
of a life hazard use, the owner shall file an application for a certificate
of inspection on forms provided by the local enforcing agency. Forms
shall be provided either before or at the time of inspection. The
form shall be returned to the Fire Official.
(5)
Upon completion of a required inspection, the Fire Official shall
issue a certificate of inspection. A certificate of inspection shall
not be issued until all violations cited have been corrected. The
certificate of inspection shall be posted by the owner of the use
in a conspicuous location therein.
D.
E.
All fees shall be payable to the Borough and shall be appropriated
to the Uniform Fire Code local enforcement agency of the Borough (Bureau
of Fire Prevention).
F.
All applications for permits shall be made to the Bureau of Fire
Prevention on forms prescribed by said Bureau.
All building fire zones shall be subject to the jurisdiction
of the Fire Official.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the Lincoln Park
Bureau of Fire Prevention shall have the right to appeal to the Construction
Board of Appeals of the County of Morris.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 9-17-2001 by Ord. No. 1,269, effective 10-7-2001]
A.
Upon the application of a property owner or lessee with the consent
of the owner, the Fire Official may grant a variance from the requirement
of a regulation or standard adopted pursuant to the Uniform Fire Safety
Act; provided, however, that no variance shall be granted unless it
is determined that strict compliance would result in practical difficulty
and that the variance, if granted, would not unreasonably jeopardize
the safety of the occupants or intended occupants, firefighters or
the public generally.
B.
An application for a variance shall be made in writing, shall be
filed with the Fire Official and shall set forth the following information:
(1)
The requirements of the regulation from which a variance is sought;
(2)
The manner in which strict compliance with the regulation would result
in practical difficulty;
(3)
The nature and extent of the practical difficulty; and
(4)
Feasible alternatives which would adequately protect the occupants
or intended occupants, firefighters and the public generally.
C.
Within 30 days after receiving an application for a variance, the
Fire Official shall grant or deny the application in writing, stating
the reasons for his action.
D.
Copies of all variance applications and records of the action taken
on them shall be maintained as permanent public records by the Fire
Official. The Fire Official shall promptly provide the Division of
Fire Safety with copies of all decisions granting or denying variances
after they have been rendered.
E.
Variations to requirements found in the Uniform Construction Code
may only be granted by the Construction Code Official in accordance
with the Uniform Construction Code.
[Amended 9-17-2001 by Ord. No. 1,269, effective 10-7-2001]
A.
Any person aggrieved may appeal from any determination, action or
ruling of the Fire Official or any enforcement action, including rulings,
orders or notices, by submitting a written hearing request in accordance
with N.J.A.C. 5:70-2.19, or any amendment thereto. Either the owner
of the premises or of the use or an authorized agent of the owner
may be a person aggrieved.[1]
(1)
The request shall be made to the Construction Board of Appeals in
the municipality where the building, structure or premises is located.
If no such board exists, then the request shall be made to the County
Construction Board of Appeals in the county where the building, structure
or premises is located. At the time made, a copy of the request shall
be sent to the local enforcing agency. (See N.J.A.C. 5:23A.)
(2)
All hearing requests shall be signed by a proper party and shall
include:
B.
Hearing requests shall not be valid unless submitted within 15 days
after service of a ruling, order or notice, except in cases of imminent
hazards.
C.
In imminent hazard cases, except in emergent circumstances, and in punitive closure cases, the owner shall have a period of 24 hours to request a hearing before the order to close, vacate or remove shall be effective. In emergent circumstances, orders may be effective immediately. Hearing requests within the twenty-four-hour period may be made orally to the person designated on the form served but shall be written in accordance with Subsection A(2) above and served on the enforcing agency at the hearing. At the expiration of 24 hours, if the action required in the order has been taken, the owner shall have a period of 15 days to request a hearing.
(1)
If a request is made within 24 hours, a hearing shall be conducted
and a final decision issued within 48 hours of receipt of the hearing
request.
(2)
If the request is to a Construction Board of Appeals and no final
decision is issued within two working days thereafter, the owner may
make written application for a hearing to the State Department of
Community Affairs. The application shall clearly state that it is
an imminent hazard appeal and shall identify the local enforcing agency
and Construction Board of Appeals. In such case, a hearing shall be
held and a final decision issued within three working days from receipt
of the request.[2]
(3)
If the hearing request is made in accordance with the fifteen-day
provision, a hearing shall be held and a final decision issued within
seven working days.
[Amended 9-17-2001 by Ord. No. 1,269, effective 10-7-2001; 9-18-2006 by Ord. No.
1,357, effective 10-8-2006]
A.
Lock boxes required. All buildings of Use Groups A-1-A, A-1-B, A-2,
A-3, A-4, A-5, B, E, F-1, F-2, H, I-1, I-2, I-3, M, S-1 and S-2, as
defined in N.J.A.C. 5:70-1.5, shall have installed and maintain, at
the sole expense of the owner of the building, a key box, lock box,
Knox-Box®, or similar rapid entry system device (hereinafter "rapid
entry system"), approved by the Bureau of Fire Prevention, for the
purpose of providing rapid entry and access to the building by emergency
personnel.
B.
Application; ordering and installation of equipment.
(1)
Following the effective date of this section, the owner of any buildings, uses, and structures identified in Subsection A which are the subject of any application for site plan, site plan exemption, or similar development approval, and as a condition of any such approval, shall be required to submit to the Bureau of Fire Prevention an application for approval of the designated rapid entry system, upon forms prepared by the Bureau.
(2)
Following January 1, 2008, the owner of all buildings, uses, and structures identified in Subsection A shall submit to the Bureau of Fire Prevention an application for approval of the designated rapid entry system upon forms prepared by the Bureau.
(3)
The rapid entry system shall be installed within 60 days following
receipt of approval of the application by the Bureau of Fire Prevention.
C.
Type(s) of equipment. The rapid entry system, and any cabinet-style
key vaults, shall have a single lock with an alarm-tamper switch.
If the building is serviced by a burglar alarm system, the alarm-tamper
switch shall be connected thereto such that should the rapid entry
system be opened, removed, or otherwise engaged, an alarm will be
activated. If the building is not serviced by a burglar alarm system,
the alarm-tamper switch may be connected to the fire alarm system,
except that the alarm-tamper switch shall be zoned separately and/or
alternatively from any fire-detection systems and noted on the alarm
annunciator panel as "rapid entry system."
D.
Rapid entry system access. Access to lock boxes shall be limited
to only authorized Fire Department or Bureau of Fire Prevention personnel,
and only by master key.
E.
Rapid entry system box contents. All rapid entry systems and cabinet-style
key vaults shall contain the following:
(1)
Keys to all locked points of ingress and egress to the building,
including interior doors and access panels;
(2)
Keys to all locked mechanical, electrical and equipment rooms;
(3)
Keys to all elevator rooms and emergency elevator keys; and
(4)
Keys to all other areas of the building or grounds as may be designated
by the Bureau of Fire Prevention.
F.
Exemptions. Any building, structure, or site otherwise subject to
this section shall be exempt therefrom if the building, structure,
or site has twenty-four-hour, seven-day-per-week, on-site guard service.
G.
Enforcement; violations and penalties.
(1)
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties as prescribed by § 1-2 of this Code (general penalty).
(2)
Each day that a violation shall continue shall constitute a separate
offense.
(3)
This section shall be subject to enforcement by the Bureau of Fire
Prevention.
[Amended 9-17-2001 by Ord. No. 1,269, effective 10-7-2001]
A.
Any person who shall violate any of the provisions of the Uniform
Fire Code or this article shall be subject to the enforcement procedures
as set forth in N.J.A.C. 5:70-2.12.
B.
Each day during which the violation remains unabated after the date
or time specified in the order or notice for its correction or termination
shall constitute an additional and separate violation.
C.
The filing of a timely appeal shall stay the action until a decision
is made by the Construction Board of Appeals or the Commissioner,
as the case may be.
D.
A violation that is recurring justifies imposition of an immediate
penalty without the necessity for an interval in which correction
can be made. A violation shall be deemed to be a recurring violation
if a notice has been served within two years from the date that a
previous notice was served and the violation, premises and responsible
party are substantially the same.
E.
If a penalty order has not been satisfied by the 30th day after its
issuance, the local enforcing agency may institute a civil penalty
action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A.
2A:58-10 et seq.) in Superior Court or Municipal Court.[1]
(1)
A person who fails to pay immediately a money judgment rendered against
him may be sentenced to imprisonment by the Court for a period not
exceeding six months, unless the judgment is sooner paid.
(2)
All moneys that are recovered as a result of the assessment of penalties
shall be paid into the designated trust account and shall be appropriated
to support the local enforcing agency's operation.
F.
The Fire Official may offer to reduce any penalty, provided that
such reduction is in the best interest of fire safety and will assure
compliance. No penalty reduction can be made final while the violation
that led to its assessment remains in existence.
