Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town (now Township) of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Division of Fire — See § 7-141.
Air pollution — See Ch. 149.
Alarm systems — See Ch. 154.
Uniform construction code — See Ch. 240.
Property maintenance — See Ch. 460.
Zoning — See Ch. 650.
[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 102, Art. I, of the 1981 Revised Code]
[Amended 3-27-1973 by Ord. No. MC 2352; 1-22-1980 by Ord. No. MC 2596[1]]
A. 
There is hereby adopted by the Municipal Council of the Town of Irvington, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1976 Edition thereof and the whole thereof, and any subsequent additions or amendments thereto which may be hereinafter promulgated, of which code not less than three copies have been and now are filed in the office of the Municipal Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the Town.
B. 
Three copies of the Fire Prevention Code recommended by the American Insurance Association, the 1976 Edition thereof, are on file in the office of the Clerk of the Town of Irvington, and the same are adopted and incorporated as if fully set out in length therein and from the date this chapter shall take effect, pursuant to the authority for such adoption in N.J.S.A. 40:49-5.1.
[1]
Editor's Note: Ord. No. MC 2595 adopted 1-22-1980 provided that upon prior approval by the Bureau of Fire Prevention that a permit be issued for the conduct or maintenance of enumerated businesses or operations, the Division of Licensing should issue such permit upon receipt of enumerated fees, and that every applicant should be required to fulfill and comply with all requirements of the Fire Prevention Code and other pertinent codes, statutes and ordinances.
[Added 2-26-1974 by Ord. No. MC 2394[1]]
A. 
Permits required. Per N.J.A.C. 5:70-2.7, permit requirements are as follows:
§ 5:70-2.7 Permits required.
(a)
Permits shall be required and obtained from the local enforcement agency for the activities specified in this section, except where they are an integral part of a process or activity by reason of which the use is required to be registered and regulated as a life hazard use. Permits shall at all times be kept in the premises designated therein and shall at all times be subject to inspection by the fire official.
1.
Type 4 permits shall not be required when the storage or activity is incidental or auxiliary to the agricultural use of a farm property.
2.
In a public or private K-12 educational building, or in a camp accommodating six or more children of school age, when such uses are registered as life hazard uses, no permit shall be required for activities which are consistent with the designed and intended use of the building or premises or part thereof.
3.
Type 1 permit:
i.
Bonfires.
ii.
The use of a torch or flame-producing device to remove paint from, or seal membrane roofs on, any building or structure.
iii.
The occasional use of any nonresidential occupancy other than Use Groups F, H or S for group overnight stays of persons over 2 1/2 years of age, in accordance with Section F-709.0 of the Fire Prevention Code.
iv.
Individual portable kiosks or displays when erected in a covered mall for a period of less than 90 days, and when not covered by a Type 2 permit.
v.
The use of any open flame or flame-producing device, in connection with any public gathering, for purposes of entertainment, amusement, or recreation.
vi.
Welding or cutting operations except where the welding or cutting is performed in areas approved for welding by the fire official and is registered as a Type B life hazard use.
vii.
The possession or use of explosives or blasting agents, other than model rocketry engines regulated under N.J.A.C. 12:194.
viii.
The use of any open flame or flame-producing device in connection with the training of non-fire-service personnel in fire suppression or extinguishment procedures.
ix.
The occasional use in any building of a multipurpose room, with a maximum permitted occupancy of 100 or more for amusement, entertainment or mercantile type purposes.
x.
The storage or handling of Class I flammable liquids in closed containers of aggregate amounts of more than 10 gallons, but not more than 660 gallons inside a building, or more than 60 gallons, but not more than 660 gallons outside a building.
xi.
The storage or handling of Class II or IIIA combustible liquids in closed containers of aggregate amounts of more than 25 gallons, but not more than 660 gallons inside a building, or more than 60 gallons, but not more than 660 gallons outside a building.
xii.
Any permanent cooking operation that requires a suppression system in accordance with N.J.A.C. 5:70-4.7(g) and is not defined as a life hazard use in accordance with N.J.A.C. 5:70-2.4.
xiii.
The use as a place of public assembly, for a total of not more than 15 days in a calendar year, of a building classified as a commercial farm building under the Uniform Construction Code.
xiv.
The temporary use of any building or portion thereof as a special amusement building for a total of not more than 15 days in a calendar year.
(1)
Use of a building or portion thereof as a special amusement building for a longer period shall require the issuance of a certificate of occupancy, pursuant to the Uniform Construction Code (N.J.A.C. 5:23), for the new use.
(2)
Permits issued pursuant to this section shall require compliance with the requirements for special amusement buildings at N.J.A.C. 5:70-4.16.
xv.
The erection, operation, or maintenance of any tent, tensioned membrane structure, or canopy, excluding those used for recreational camping purposes, that meets the criteria in (a)3xv(1) or (2) below shall require a Type 1 permit. Tents, tensioned membrane structures, or canopies greater than 16,800 square feet in area or greater than 140 feet in any dimension, whether one unit or composed of multiple units; remaining in place for more than 180 days; used or occupied between December 1 and March 31; having a permanent anchoring system or foundation; or containing platforms or bleachers greater than 11 feet in height shall be subject to the permitting requirements of the Uniform Construction Code (N.J.A.C. 5:23-2.14).
(1)
The tent, tensioned membrane structure, or canopy is greater than 900 square feet or more than 30 feet in any dimension whether it is one unit or composed of multiple units, but 16,800 square feet or less in area and 140 feet or less in any dimension, whether it is one unit or composed of multiple units.
(2)
The tent, tensioned membrane structure, or canopy contains platforms or bleachers 11 feet or less in height;
xvi.
The erection, operation, or maintenance of any outdoor combustible maze shall require a Type 1 permit if the outdoor combustible maze is less than six feet in height and does not contain electrical equipment. Outdoor combustible mazes that are six feet or greater in height or contain electrical equipment shall be subject to the permitting requirements of N.J.A.C. 5:23-2.14.
(1)
For the purposes of applying this requirement, an outdoor combustible maze is an attraction that lacks a roof and is designed to disorient patrons, reduce vision, present barriers, or otherwise impede the flow of traffic and does not consist solely of living rooted plants such as corn stalks or trees, but includes mazes created from plants that have been cut and attached to an object to support them.
(A)
Mazes consisting solely of living, rooted plants, such as corn stalks or trees, may be repaired using cut, replacement plants that are otherwise the same as those of which the maze is created without the need for a permit.
(B)
No permit shall be required for mazes up to 42 inches in height created of bales of hay or straw.
4.
Type 2 permit:
i.
Bowling lane resurfacing and bowling pin refinishing involving the use and application of flammable liquids or materials;
ii.
Fumigation or thermal insecticide fogging;
iii.
Carnivals and circuses employing mobile enclosed structures used for human occupancy;
iv.
The use of a covered mall in any of the following manners:
(1)
Placing or constructing temporary kiosks, display booths, concession equipment or the like in more than 25% of the common area of the mall;
(2)
Temporarily using the mall as a place of assembly;
(3)
Using open flame or flame devices;
(4)
Displaying liquid or gas fuel powered equipment; or
(5)
Using liquefied petroleum gas, liquefied natural gas or compressed flammable gas in containers exceeding five-pound capacity.
v.
Storage outside of buildings of LP-gas cylinders when a part of a cylinder exchange program.
5.
Type 3 permit:
i.
Industrial processing ovens or furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which contain flammable vapors from the product being processed;
ii.
Wrecking yards, junkyards, outdoor used tire storage, waste material handling plants, and outside storage of forest products not otherwise classified; or
iii.
The storage or discharging of fireworks.
6.
Type 4 permit:
i.
Storage or use at normal temperature and pressure of more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas;
ii.
The production or sale of cryogenic liquids; the storage or use of more than 10 gallons of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers; or the storage of more than 500 gallons of nonflammable, nontoxic cryogenic liquids;
iii.
The storage, handling, and processing of flammable, combustible, and unstable liquids in closed containers and portable tanks in aggregate amounts of more than 660 gallons;
iv.
To store or handle (except medicines, beverages, foodstuffs, cosmetics, and other common consumer items, when packaged according to commonly accepted practices):
(1)
More than 55 gallons of corrosive liquids;
(2)
More than 500 pounds of oxidizing materials;
(3)
More than 10 pounds of organic peroxides;
(4)
More than 500 pounds of nitromethane;
(5)
More than 1,000 pounds of ammonium nitrate;
(6)
More than one microcurie of radium not contained in a sealed source;
(7)
More than one millicurie of radium or other radiation material in a sealed source or sources;
(8)
Any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required; or
(9)
More than 10 pounds of flammable solids.
v.
The melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
7.
Type 5 permit:
i.
(Reserved)
(b)
Application for a permit required by this Code shall be made to the fire official in such form and detail as the fire official shall prescribe. Applications for permits shall be accompanied by plans or drawings as required by the fire official for evaluation of the application.
(c)
Before a permit is issued, the fire official or the fire official's designated representative shall make or cause to be made such inspections or tests as necessary to assure that the use and activity for which application is made complies with the provisions of this Code.
(d)
A permit shall constitute permission to maintain, store or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities in accordance with the provisions of this Code. Such permissions shall not be construed as authority to violate, cancel or set aside any of the provisions of this Code.
(e)
Plans approved by the fire official are approved with the intent they comply in all respects to this Code. Any omission or error on the plans does not relieve the applicant of complying with all applicable requirements of this Code.
(f)
The fire official may revoke a permit or approval issued under the provisions of this Code if upon inspection any violation of the Code exists, or if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to material fact in the application, data or plans on which the permit or approval was based.
(g)
A permit shall remain in effect until revoked, or for one year unless a shorter period of time is otherwise specified. Permits shall not be transferable and any change in use, operation or tenancy shall require a new permit.
1.
Exceptions:
i.
A Type 1 permit for welding or cutting shall be effective throughout the local enforcing agency's jurisdiction and shall be issued on an annual basis;
ii.
A Type 1 permit for use of a commercial farm building as a place of public assembly shall be issued for each event; and
iii.
A Type 1 permit for group overnight stays shall be required for each nonconsecutive overnight stay.
iv.
A Type 1 permit for the temporary use of any building as a special amusement building shall be issued for each event.
(h)
Any permit issued shall become invalid if the authorized work or activity is not commenced within six months after issuance of the permit, or if the authorized work or activity is suspended or abandoned for a period of six months after the time of commencement.
(i)
A permit shall not be issued until the designated fees have been paid.
1.
There shall be no fee for a permit required by this subchapter if a municipality has by ordinance established a periodic inspection and fee schedule for a use substantially similar to the permit requirement.
(j)
No permit(s) shall be issued for a carnival, as defined in N.J.A.C. 5:70-1.5, if the carnival has not been registered in accordance with N.J.A.C. 5:70-2.22.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-14-2015 by Ord. No. MC 3553]
A. 
Established, etc. The Fire Prevention Code adopted by this article shall be enforced by the Bureau of Fire Prevention in the Public Safety Department of the Town, which is hereby established and which shall be operated under the supervision of the Fire Chief and Director of the Department of Public Safety.
B. 
Inspectors. The Fire Chief and Director of the Department of Public Safety may detail such members of the Division of Fire as inspectors as shall from time to time be necessary. The Chief Engineer of the Division of Fire shall recommend to the Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Department of Public Safety, and appointments made after examination shall be for an indefinite term with removal only for cause.
C. 
Reports and recommendations. A report of the Bureau of Fire Prevention shall be made monthly and transmitted to the chief executive officer of the Town and to the Municipal Council. It shall contain all proceedings under the Fire Prevention Code adopted by this article, with such statistics as the Fire Chief and Director of the Department of Public Safety may wish to include therein. The Fire Chief and Director of Public Safety shall also recommend any amendments to the Fire Prevention Code which, in his judgment, shall be desirable.
As used in the Fire Prevention Code, the following terms shall have the meanings indicated:
LEGISLATIVE RESEARCH OFFICER
The Attorney for the Town, known as the "Town Attorney."
MUNICIPALITY
The Town of Irvington.
The limits referred to in Section 12.5b of the Fire Prevention Code adopted by this chapter, in which storage of explosives and blasting agents is prohibited, are in all zones.
[Added 1-13-1981 by Ord. No. MC 2622]
The limits referred to in Section 13.3a of the Fire Prevention Code, in which manufacture and storage of fireworks is prohibited, are in all zones.
[Amended 1-13-1981 by Ord. No. MC 2622]
A. 
The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are all zones except the M-2 Light Industrial District and the M-1 Heavy Industrial Manufacturing District as indicated on the Zoning Map on file in the office of the Municipal Clerk.
B. 
The limits referred to in Section 16.61 of the Fire Prevention Code, in which new bulk plants for flammable or combustible liquids are prohibited, are all zones except the M-2 Light Industrial District and the M-1 Heavy Industrial Manufacturing District as indicated on the Zoning Map on file in the office of the Municipal Clerk.
[Amended 1-13-1981 by Ord. No. MC 2622]
The limits referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as all zones except the M-2 Light Industrial District and the M-1 Heavy Industrial Manufacturing District as indicated on the Zoning Map on file in the office of the Municipal Clerk.
[Added 1-13-1981 by Ord. No. MC 2622]
The routes referred to in Section 12.7o of the Fire Prevention Code for vehicles transporting explosives and blasting agents are hereby established as state highways only.
[Added 1-13-1981 by Ord. No. MC 2622]
The routes referred to in Section 20.14 of the Fire Prevention Code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as state highways only.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Fire Chief and Director of the Department of Public Safety shall have power to modify any of the provisions of the Fire Prevention Code adopted by this article upon application in writing by the owner or lessee or his duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of such code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Chief and Director of the Department of Public Safety shall be entered upon the records of the Department and a signed copy shall be furnished the applicant.
[Amended 10-14-2015 by Ord. No. MC 3553]
Whenever the Fire Chief and Director of the Department of Public Safety shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code adopted by this article do not apply or that the true intent and meaning of such code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief and Director of the Department of Public Safety to the Municipal Council within 30 days from the date of the decision appealed.
[Added 1-22-1980 by Ord. No. MC 2595]
A. 
Upon prior approval by the Bureau of Fire Prevention of the Town of Irvington that a permit be issued for the conduct or maintaining of any of the following plants, businesses or manufacturing or for the sale or storage of any of the following materials, liquids or gases, the Division of Licensing shall issue such permit upon receipt of the following fees from the applicant for such permit.
B. 
Every applicant for a permit shall be required to fulfill and comply with all requirements of the Fire Prevention Code as well as all other codes, statutes and ordinances relating to the particular businesses and subject matter for the safety and health of the residents of the municipality and the state.
C. 
Fees for specific permits.
[Amended 8-11-1987 by Ord. No. MC 2834; 12-12-1995 by Ord. No. MC 3027]
(1) 
There shall be a permit fee charged of $57 for each private gasoline pump or tank used by private business or industrial plants for fueling company autos or trucks.
[Amended 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
(2) 
Permits shall be required by the Irvington Department of Public Safety for the installation or removal of tanks containing flammable, combustible or hazardous materials, acids or chemicals, including but not limited to gasoline. The fee charged for such permits shall be:
[Amended 10-14-2015 by Ord. No. MC 3553]
Type
Fee
Tanks for home heating oil:
Up to 2,000 gallons
$35
2,001 to 5,000 gallons
$70
Over 5,000 gallons
$140
Commercial heating oil tanks:
Up to 500 gallons
$70
501 to 10,000 gallons
$140
Over 10,000 gallons
$210
Tanks:
Up to 550 gallons
$70
551 to 2,000 gallons
$105
2,001 to 5,000 gallons
$140
5,001 to 10,000 gallons
$210
Over 10,000 gallons
$280
A. 
Any person who shall violate any of the provisions of the Fire Prevention Code adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Chief and Director of Public Safety or by a court of competent jurisdiction, within the time fixed therein, shall severally for each such violation and noncompliance, respectively, be punishable as provided in the general penalty provisions as set forth in Chapter 1, General Provisions, Article III.
[Amended 1-13-1981 by Ord. No. MC 2622; 10-14-2015 by Ord. No. MC 3553]
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
C. 
Any owner, lessee, manager or operator of any building or premises who refuses the Director of Public Safety, Chief of the Bureau of Fire Prevention or any inspector thereof entry to any building or premises for the purpose of making an inspection or investigation shall be deemed in violation of the Fire Prevention Code.
[Added 7-9-1974 by Ord. No. MC 2416; 10-14-2015 by Ord. No. MC 3553]
[Adopted 8-6-1985 by Ord. No. MC 2789 (Ch. 102, Art. II, of the 1981 Revised Code)]
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 municipality of the Township of Irvington.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau of Fire Prevention.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The local enforcement agency 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 Township of Irvington, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
The local enforcing agency established by § 307-16 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 12-28-2016 by Ord. No. MC 3594]
The local enforcing agency established by § 307-16 of this article shall be a part of Irvington Fire Department and shall be under the direct supervision and control of the Director of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 12-28-2016 by Ord. No. MC 3594]
The local enforcing agency shall be under the direct supervision of a Fire Official who shall be appointed by the Director of the Department of Public Safety and shall serve at the discretion of the Director of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553; 12-28-2016 by Ord. No. MC 3594]
Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Director of the Department of Public Safety.
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 Construction Board of Appeals of Essex County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-208.
[Added 8-11-1987 by Ord. No. MC 2834; amended 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413; 10-14-2015 by Ord. No. MC 3553[1]]
The following buildings constitute life-hazard uses which are subject to registration with the Township of Irvington Department of Public Safety and periodic inspections that are not covered by the New Jersey State Code, N.J.A.C. 5:70. The inspection for compliance with this provision and registration fees for each category is as follows:
A. 
Multiple dwellings.
(1) 
All multiple dwellings with nine or more units that exit into a common area means of egress shall be inspected once every 12 months. The registration fee shall be $128.
(2) 
All multiple dwellings over three stories and less than 75 feet high shall be inspected once every 12 months. Registration fee shall be $105.
(3) 
The registration fee shall be paid on or before March 1 of each year.
(4) 
Failure to register during any calendar year will result in a penalty of 1/2 the amount owed for registration as well as the full year's registration fee.
B. 
Education. All schools, private and public, that are covered under BOCA Building Code, Use Group E classification, and not covered by the N.J.A.C. 5:70. Required inspection for this group will be once every six months. Annual registration fee by the Township will be waived for Use Group E.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 8-6-2013 by Ord. No. MC 3497]
There is hereby established a fire registration fee for non-life-hazard uses pursuant to the below schedule:
A. 
On-site inspections of non-life-hazard use: buildings, businesses and occupancies.[1]
Business Fee Schedule
Use Code
Fee Amount
Description
0-1
$25
Office occupancy, 500 square feet or less
0-2
$45
Any occupancy, under 1,000 square feet
0-3
$60
Any occupancy, 1,000 to 5,999 square feet
0-4
$90
Any occupancy, 6,000 to 9,999 square feet
0-5
$120
Any occupancy, 10,000 square feet or larger
M-1
$60
3 to 5 dwelling units with common area
M-2
$60
6 to 25 dwelling units with common area
M-3
$240
Multiple dwelling with common area, over 25 units
[1]
Editor's Note: Former § 307-25, Smoke and carbon monoxide detector inspection fees, added 8-6-2013 by Ord. No. MC 3497, which immediately followed this subsection, was repealed 4-10-2018 by Ord. No. MC 3641.