[HISTORY: Adopted by the Township Council of the Township of Washington 7-21-2014 by Ord. No. 14-07 (Ch. 111 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 124.
Fees — See Ch. 212.
There is hereby adopted by the Township of Washington for the purposes of establishing uniform regulations for firesafety a code known as the "New Jersey Uniform Fire Code," not less than three copies of which have been and are now on file in the office of the Clerk of the Township of Washington, and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which the code shall take effect, the provisions thereof shall be controlling within the limits of the Township of Washington.
A. 
Local enforcement. Pursuant to N.J.S.A. 52:27D-192 et seq. (the New Jersey Uniform Fire Safety Act), the New Jersey Uniform Fire Code shall be locally enforced in the Township of Washington.
B. 
Enforcing agency designated. The local enforcing agency shall be the Bureau of Fire Prevention which is here created in the Township of Washington Fire Department. The Bureau of Fire Prevention shall herein be known as the "local enforcing agency."
C. 
Duties.
(1) 
The Township of Washington Fire Prevention Bureau shall enforce the New Jersey Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the geographical boundaries of the Township of Washington, other than owner-occupied one- and two-family dwellings (unless so invited by the owner) used exclusively for dwelling purposes and premises owned or operated by the federal government, interstate agencies or the State of New Jersey.
(2) 
The local enforcing agency shall faithfully comply with the requirements of the New Jersey Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
D. 
Organization.
(1) 
The Bureau of Fire Prevention shall be under the direct supervision and control of the Fire Official who shall report to the Director of the Fire Department.
(2) 
The Bureau of Fire Prevention shall have at least one paid inspector.
E. 
Appointments; qualifications, term of office; removal.
(1) 
The Fire Official and the inspectors shall be certified by the State of New Jersey. The Fire Official shall be appointed by the Mayor and Council upon recommendation of the Fire Chief and Director of the Fire Department.
(2) 
Inspectors and employees. Such inspectors and employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Council upon recommendation of the Fire Official, Chief and/or Director of the Fire Department.
(3) 
Appointment of legal counsel. To ensure that there will be no conflict, an independent counsel shall be appointed to assist the Bureau of Fire Prevention in enforcing the New Jersey Uniform Fire Code, should the need arise.
(4) 
Term of office. The Fire Official shall serve for a term of three years, commencing January 1, and ending December 31 of the third year. If needed, any vacancy shall be filled for the unexpired term(s).
(5) 
Removal from office. The Mayor and Council may remove the Fire Official and any inspectors and other employees for inefficiency, misconduct or other just cause. The Fire Official and/or each inspector or employee so removed shall be afforded an opportunity to be heard by the appointing authority.
A. 
The local enforcing agency established shall carry out the periodic inspections of life hazard uses required by the New Jersey Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs. Annually, local registrations are required to be filed to update necessary data for local enforcing agency use. Failure to return the registration and pay the fee, within the prescribed time period, is a violation, and a penalty will be assessed.
B. 
The Bureau of Fire Prevention shall conduct inspections and issue certificates of smoke, carbon monoxide detection and fire extinguisher compliance as required by N.J.A.C. 5:70-2.3, in connection with any sale, lease or other change of occupancy of the premises which requires, by law, the owner obtains such certificate. See fee schedule for this compliance certification. Revenue generated from these inspections will be credited to the Fire Prevention Revenue Account.
Additional required inspections and fees:
A. 
Inspections. In addition to the inspections required pursuant to the Uniform Fire Safety Act and the regulations adopted thereunder, all buildings, structures and uses within the Township of Washington, except for owner-occupied one- and two-family dwelling units, shall be inspected for compliance with the New Jersey Uniform Fire Code annually.
B. 
Fees.
(1) 
Fee for inspections and annual registrations are hereby established and shall cover the operating costs of the Fire Prevention Bureau and shall be paid on an annual basis by schedule established and announced by the Fire Prevention Bureau by January 31 of each year. Amounts of the fee thereof shall be as set and adopted herein, as required, by resolution of the Mayor and Council. Failure to pay the fee and return the updated registration, within the prescribed time period, is a violation, and a penalty will be assessed for each violation.
(2) 
Permit fees established pursuant to, and in the amounts of, the Uniform Fire Code [N.J.A.C. 5:70-2.9(c)] shall be adopted by resolution of the Mayor and Council. All revenue generated from the following schedule will be credited to the Fire Prevention Revenue Account.
(3) 
The application fee for certification of smoke detector compliance (CSDC) and carbon monoxide detector compliance (SMDC) and fire extinguishers shall be as set and adopted herein, as required, by resolution of the Mayor and Council. All revenue generated from the following schedule will be credited to the Fire Prevention Revenue Account.
(4) 
The Fire Prevention Fee Schedule, including non-life-hazard registration fees, residential dwelling registration fees, and smoke, carbon monoxide and fire extinguisher compliance fees, are included in Chapter 212, Fees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Nonprofit corporations.
(1) 
All nonprofit corporations, including churches, schools, fraternal organizations and other corporations, which are classified as nonprofit corporations under Title 15A of the New Jersey Nonprofit Act, shall not be required to pay any of the local inspection fees, but are required to pay annual permit fees, set forth above, for various functions which are not a part of their use.
(2) 
This exemption shall also apply to all buildings owned by the Township of Washington. This exemption shall only extend to inspection fees, and the activities of the nonprofit corporations shall not be exempt from any other aspect of the New Jersey Fire Code, including registration, compliance and various related penalties which may be assessed for various violations.
Pursuant to Sections 15 and 17 of the New Jersey Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Bergen.
A. 
Smoke detectors shall be required in all residential buildings and all buildings of mixed use where residential use is included. The regulations for the maintenance of rooming houses and boardinghouses (Rooming and Boarding House Act, N.J.A.C. 5:27 et seq.), hotels and multiple dwellings (Hotel and Multiple Dwellings Act), Uniform Fire Code (N.J.A.C. 5:70 et seq.) and the National Fire Protection Association (NFPA 72) concerning smoke detectors and smoke alarms are hereby incorporated by reference to determine the type of equipment and placement requirements. In circumstances where a need for detectors is not defined in the preceding sentence, the determination of need and placement of detectors shall be at the discretion of the Fire Official.
B. 
Carbon monoxide detectors shall be required, installed and maintained in accordance with the requirements of the Township and related state law. Compliance with the carbon monoxide detector requirements shall be done in a similar manner as the smoke detector requirements.
C. 
Fire extinguishers shall be required in all one- or two-family homes. The fire extinguishers shall be of the ABC rated chemical fire extinguisher, not less than 2 1/2 pounds nor more than 10 pounds. The fire extinguishers must have been inspected within the past 12 months with an inspection tag attached (exception: newly purchased extinguishers). The fire extinguisher must be wall mounted within 10 feet of the kitchen, not behind a door.
D. 
Prior to any change of occupancy as set forth in of this chapter, the owner or authorized agent of the owner of the residential premises shall apply for a certificate of smoke detector compliance to the Fire Official on a form provided by the Fire Official. The application shall be accompanied by a fee (See § 233-4B above.), to cover the cost of administration of the smoke detector compliance requirements of N.J.S.A. 52:27D-198.2 et seq.
A. 
As used in this section, the following terms shall have the meanings indicated:
FIRE LANE/ZONE
An area designed by the Fire Official and properly posted and marked in accordance with this section. The terms "fire zone" and "fire lane" shall be interchangeable.
FIRE OFFICIAL
The Township of Washington Fire Official or his or her designated representative; as defined in N.J.A.C. 5:70, the New Jersey State Uniform Fire Code.
B. 
Fire zones on public property shall be designated and/or approved by the Fire Official.
C. 
Fire lanes/zones on private property.
(1) 
Designation. The Fire Official may designate, and the Fire Chief and Police Chief may recommend to the Fire Official, fire lanes on private property to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for Fire Department operations in the event of any emergency.
(2) 
Fire zones may also be designated during the planning/zoning site plan approval process and forwarded to the Fire Official for review.
(3) 
Notification. Whenever a determination has been made for the fire lane designation, pursuant to this chapter, the Fire Official shall notify the owner of the property, in writing by mail or by hand delivering such notice, specifically describing the area designated and the reason for making the designation.
D. 
The marking of fire zones shall be the responsibility of and at the expense of the owner and shall be accomplished within 30 days of receipt of the notification. Suitable signs and/or markings bearing the words "No Parking or Standing - Fire Zone" shall be posted and marked and striped in accordance with standards established by the Fire Prevention Bureau and shall be properly maintained on said lands by the owner, occupant, lessee or licensee thereof where this section is effective and as approved by the Fire Official. Defacing, tampering with or damaging such signs or allowing them to deteriorate so as to reduce their effectiveness to notify when posted shall constitute a violation of this section and the New Jersey Uniform Fire Code.
E. 
A current, detailed listing of the designated fire zones and fire lanes within the boundaries of this Township of Washington shall be kept on file with the Township of Washington Fire Prevention Bureau.
F. 
Removal of obstructions. A police officer shall remove or have removed such obstructions or vehicles as may violate this section at the expense of the owner of the premises, and, in the case of vehicle obstructions, may issue a summons to the owner of the vehicle.
G. 
All fire zones located within the Township of Washington shall be striped, and/or have signs posted, at the discretion of the Fire Official, in the following manner:
(1) 
Signs.
(a) 
All signs shall be 12 inches wide by 18 inches high in size.
(b) 
Light-reflective material shall be used for the sign background and lettering.
(c) 
All signs, whether wall- or post-mounted, shall be placed not more than 100 feet center to center. Whenever the fire zone changes angle or directions more than 60°, a sign shall be visible from another sign. Additional signs may be required at the discretion of the Fire Prevention Bureau, the Fire Chief, the Municipal Fire Subcode Official or the Township of Washington Police Department.
(d) 
The sign shall be placed at a height of seven feet as measured from the ground surface to the bottom of the sign at a forty-five-degree angle facing the direction of flow. If the traffic flow is bidirectional, then the sign shall be placed parallel to the traffic flow.
(e) 
The fire zone sign shall state: "NO PARKING OR STANDING — FIRE ZONE."
(2) 
Striping.
(a) 
Paint for all fire zone striping and lettering shall be in yellow paint.
(b) 
Each individual stripe shall be four inches in width.
(c) 
All fire zones shall be striped to a width of four feet, or as otherwise designated by the Fire Official.
(d) 
All fire lanes shall be striped to a width of 12 feet, or as otherwise designated by the Fire Official.
(e) 
The legend "NO PARKING — FIRE ZONE" shall be placed within the striped outer boundary lines of the zone at a minimum of one-hundred-foot intervals.
(f) 
The lettering of the legend shall be 1.8 inches in height and shall be placed within the center of the fire zone.
(g) 
Paint for all parking space and loading zone delineations shall be in white paint.
(h) 
Paint for all handicapped parking space delineations, including the universal handicapped logo, shall be in blue paint, said logo to be a minimum of two feet in height and as specified by State Regulations.
(i) 
The color yellow shall be reserved solely for the purpose of marking fire zones/lanes. Striping, space marking and/or curb marking for purposes other than fire zones/lanes shall not be the color yellow. See the following schematic for further information.
Proper Identification of Fire Lanes and Fire Zones within the Township
233 Proper Identification for Fire Lanes.tif
A. 
Any person who violates this section shall, upon conviction in Municipal Court, be punished by a fine of not less than $100. Each violation shall constitute a separate offense.
B. 
An owner who fails to comply with the regulations specified in this section shall result in a penalty of up to $500. Penalties shall be assessed by the Fire Official in accordance with N.J.A.C. 5:70-2 et seq. (the New Jersey State Uniform Fire Code).
C. 
Any person or persons who violates any provision of this chapter or of the New Jersey State Uniform Fire Safety Act, shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 30 days, or both.
Pursuant to N.J.A.C. 5:70-2 et seq., violation of the Fire Prevention Ordinance is punishable by monetary penalties of not more than $5,000 per day, per violation. Penalties must be paid in full within 30 days of receipt of an order to pay penalty and abate violations. If not paid within 30 days of receipt of the notice, the Bureau will proceed to collect the penalty in a civil action by summary hearing under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]) in the appropriate municipal, county or state Superior Court. All penalties assessed for violation of this chapter shall be considered dedicated penalties as per the New Jersey State Uniform Fire Safety Act and as such shall be paid into the Fire Department and Fire Prevention Penalty Accounts respectively.
[1]
Editor's Note: New Jersey Statutes Annotated 2A:58-1 to 2A:58-9 were repealed by L. 1999, c. 274, § 4; see now N.J.S.A. 2A:58-10 et seq.
A. 
Purpose. The purpose of this section is to ensure that Fire Department personnel gain immediate and reliable access to structures within the Township in order to facilitate proper lifesaving and other firefighting purposes, where access to structures is unduly difficult because of secured openings or other hazards.
B. 
Key box required.
(1) 
Where access to or within a structure or an area is unduly difficult because of secured opening, or where immediate access is necessary for firefighting or lifesaving purposes, the Fire Official or the Fire Chief may require a key box to be installed in an accessible location.
(2) 
The key box shall be UL listed and a type approved by the Fire Official or Fire Chief so that all key access of this type within the Township of Washington may be accomplished with one system.
(3) 
The key box shall contain keys and other necessary devices to gain all necessary access to the facility and large enough to hold all of the necessary keys as required by the Fire Chief.
(4) 
Upon building key lock changes or tenant changes, the owner of the building must notify the Fire Chief (within 48 hours) to gain access to the box in order to update the box contents.
C. 
Installation. Installation of the key box shall be in accordance with specifications maintained and approved by the Fire Official or Fire Chief as required. The Fire Official and Fire Chief shall have the authority to implement a uniform system throughout the Township so that access to the designated key boxes may be accomplished by the utilization of one uniform key system. All costs for this box and its installation and maintenance shall be at the building owner's expense. Applications will be provided by the Fire Chief or the Fire Prevention Bureau. The form shall be filled out and returned to the Fire Prevention Bureau, along with the appropriate check for the cost of the key box, for processing.
D. 
Firefighting methods. The installation of a rapid access key box shall not preclude any fire department, fire company, or firefighter from using traditional firefighting methods to gain access to the building. The failure of any fire department, fire company, or firefighter to use the rapid access key box shall not give rise to liability.
E. 
Fire Department key holders. The box access key will be in the care of the Chief and Assistant Chief of the Fire Department and one key will be located on the first due apparatus. Only the Chief or Assistant Chief may reassign these keys.
F. 
Enforcement. The Fire Official and Fire Chief shall enforce the provisions of this section.
A. 
As used in this chapter, "false alarm" shall mean the transmission either directly or indirectly to the Police Department of the Township of Washington of any automatic fire alarm, smoke alarm, fire sprinkler water flow alarm, or carbon monoxide alarm that was not caused by a fire, smoke condition or such other condition that is beyond the control of the owner.
B. 
The Police Department or the Fire Department shall report all false alarms, in writing, to the Fire Prevention Bureau who shall investigate and determine the cause of the false alarm. The Fire Prevention Bureau shall maintain a list of false alarms; said list shall identify the locations of the false alarms and the number of false alarms at the location during the calendar year.
C. 
Penalties for false alarms. Penalties for false alarms transmitted from a multifamily residential complex, business, commercial, eleemosynary, and/or industrial premises shall be as follows:
Number of alarms within the calendar year and penalty:
Alarms
Penalty
1
Warning
2
Warning
3
$200
4
$300
5
$500
6
$1,000
D. 
Penalties for false alarms transmitted from a single-family detached dwelling, individual townhouse and condominium unit dwelling shall be as follows:
Alarms
Penalty
1
Warning
2
Warning
3
$100
4
$200
5
$300
6
$500
E. 
Any person, firm, company, or corporation that causes to be transmitted a false alarm as the result of installing, repairing, testing, tampering with or performing any work to an automatic fire alarm, smoke alarm, fire sprinkler water flow alarm or as a result of structural alterations, remodeling or construction shall be subject to a penalty of not less than $200 nor more than $1,000 for each transmission of a false alarm.
F. 
All penalties assessed for violation of this chapter shall be considered dedicated penalties and as such shall be paid into the Fire Department and Fire Prevention Penalty Accounts respectively.
As a proactive measure, the Township of Washington wants to protect its volunteer firefighters; as a result, the following will apply to any and all solar-powered arrays installed within its borders due directly to the fact that the arrays are constantly energized with DC power, and there is no effective or practical means to deactivate them.
A. 
There shall be a three-foot setback around any and all arrays to allow firefighters access to these areas.
B. 
A plaque shall be posted on any and all structures which have solar arrays installed.
C. 
The plaque shall be the same size as the truss roof structure triangle, except it will be green in color with an "S" within a circle in the center, and shall be posted to the left of the front entrance to the structure.
D. 
The Fire Official and/or the Construction Official shall enforce this section.
No fire alarm or fire sprinkler system shall remain out of service for any period of time without notification of the Fire Prevention Fire Official or Fire Department's Office. The Fire Official and/or the Fire Chief shall determine whether a fire watch is deemed necessary. In no case shall a required and/or installed fire alarm or fire sprinkler system be rendered inoperable in an attempt to eliminate preventable alarms without the written consent of the Fire Official. In the event of consent to temporarily terminate an alarm system, provisions for a constantly attending fire watch shall be posted in the building or premises in which the system is located. Any alarm found to be out of service without the written consent of the Fire Official shall be subject to penalties described in the New Jersey Uniform Fire Code.
A. 
"Fire watch" defined. A "fire watch" is a physical inspection conducted when a building's fire alarm or sprinkler system is temporarily out of service. Posting of a fire watch is the responsibility of the building owner or its designated representative, which may include tenants or construction superintendents. Fire watch personnel are required to continually patrol the facility for evidence of smoke, fire, or any abnormal conditions that may arise. Whenever a life-threatening situation is discovered, the fire watch personnel must immediately contact emergency personnel, and then alert the occupants in the orderly evacuation of the facility.
B. 
Fire watch personnel. Competent, responsible, and able-bodied individuals shall be selected to conduct fire watches, as approved by the Fire Official. Typically, hired security guards, or maintenance personnel and managers who are familiar with the building make excellent choices. Fire watch personnel's sole duty is to perform a fire watch and not to perform any other duties. In the absence of a representative of the facility to perform a fire watch, a representative of the Township of Washington Volunteer Fire Department or a state- or federal-certified firefighter, as approved by the Fire Official, shall be provided to perform a fire watch at the cost listed in Subsection G, Fire watch fees established, in this section. Fire watch shall continue to be conducted by a Fire Department representative until a representative of the facility assumes the responsibility, as approved by the Fire Official. Where special circumstances exist, such as the presence of exceptional hazards or large areas, additional fire watch personnel may be required by the Fire Official.
C. 
Fire watch log. A separate log identifying each building area, under the fire watch by name and address shall be kept. Log entries shall be made hourly at the completion of each round. Log entries shall consist of the date and time the round began and completed along with a summary of what was observed, and the name and signature of the individual conducting the fire watch. The fire watch log shall be kept readily accessible for review by the Fire Official.
D. 
Duties for fire watch personnel. Individuals who are selected for fire watch details shall be briefed so as to have a thorough understanding of the purpose and responsibilities of their assignment. Procedures and instruction shall also have a basic understanding or the location, function and normal status of the fire alarm and sprinkler systems, including fire pumps. The specific route shall be laid out so that the fire watch person is required to pass through the entire area to be covered.
E. 
Emergency communications. The individual conducting the fire watch shall be equipped with a cell phone for prompt notification of emergency forces (via 911) in the case of an emergency. Alternate methods of communication (radios to security/command centers with the means to immediately dial 911) may be approved by the Township Fire Chief, upon request.
F. 
Written notification. Written notification of the intention to post a fire watch when planned, or the actual posting of a fire watch necessitated by an unplanned event, shall be forwarded to the Fire Chief having jurisdiction as well as the Fire Official. This correspondence shall be put on the official letterhead of the business, general contractor, or subcontractor assuming the responsibility for the detail. The letter shall specify the business name and address, the buildings or portions thereof affected, the purpose of the fire watch (i.e., fire alarm, sprinkler, or other suppression systems out of service), the dates and times these systems will be nonfunctional and the fire watch will be in effect, the qualifications of the individual(s) selected, and the specific type of communication device(s) they will have immediately available.
G. 
Fire watch fees established. When a representative of the Township of Washington Volunteer Fire Department or a state- or federal-certified firefighter is used for the fire watch, the following fee schedule shall be enforced, and the owner of the structure shall pay directly to the individual(s) conducting the fire watch:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Hourly rate for each individual: as set forth in Chapter 212, Fees.
(2) 
Minimum hourly rate shall be four hours.