[Adopted 7-15-1985 by Ord. No. 601; amended in its entirety 1-1-2008 by Ord. No. 945]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383)[1] the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq., shall be locally enforced in the Borough of Demarest.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
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 Borough of Demarest, 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.
The local enforcing agency established by § 98-10 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.
The local enforcing agency established by § 98-10 of this article is and shall be a part of the Fire Department and shall be under the direct supervision and control of the Fire Official, who shall report to the Chief of the Fire Department.
A. 
Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of the Fire Official, who shall be appointed by the Mayor, with the consent of the Council, upon the recommendation of the Fire Department of the Borough of Demarest. Preference shall be given to Demarest Volunteer Fire Department members.
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. 
Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Mayor, with the consent of Council upon the recommendation of the Fire Official. All inspectors must be state-certified.
D. 
Removal from office. The Fire Official, inspectors and other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or misconduct. Each Fire Official, inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
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 the County of Bergen.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
A. 
In addition to the inspection and fees required pursuant to the Act[1] and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Business properties
Fee
Exceeding 50,000 square feet gross floor area
$250
Exceeding 25,000 square feet gross floor area
$200
Exceeding 10,000 square feet gross floor area
$150
Exceeding 5,000 square feet gross floor area
$75
All other business properties not mandated by the State Uniform Fire Code
$40
Storage of hazardous chemicals, pesticides, flammable finishes not covered by the State Uniform Fire Code
$50
Multiple dwellings
Up to 15 dwelling units
$30
16 to 30 dwelling units
$45
31 to 60 dwelling units
$60
61 to 100 dwelling units
$90
101 to 200 dwelling units
$150
201 to 300 dwelling units
$225
301 to 400 dwelling units
$300
Any non-owner-occupied building in Use Group R-3
$30
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
B. 
Failure to obtain permit will result in a fine of $100, plus the permit fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The permit fees established by the Uniform Fire Code shall be the fees which shall be collected by the local enforcing agency as listed:
Type 1
$54
Type 2
$214
Type 3
$427
Type 4
$641
Enforcement procedures shall be as set forth in N.J.A.C. 5:70-2.10 and 5:70-2.11 and elsewhere in the Uniform Fire Code, and as same may be amended. Penalties for violation shall be as set forth in N.J.A.C. 5:70-2.12 and elsewhere in the Uniform Fire Code, and as same may be amended.
The Fire Chief or duly authorized representative as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of his duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Chief may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Official.
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or Fire Chief or interfere with the compliance attempts to another individual.
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Official in command of said operation.
A person shall not, without proper authorization from the Fire Official in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
A. 
The driver of any emergency vehicle, as defined in § 98-23, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to a fire. Tactical strategies, such as but not restricted to move ups, do not constitute an emergency call. The driver of an emergency vehicle may:
(1) 
Park or stand irrespective of the provisions of existing traffic regulations.
(2) 
Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.
(3) 
Exceed the prima facie speed limit so long as the action does not endanger life or property.
(4) 
Disregard regulations governing direction of movement or turning in specified directions.
B. 
The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle, while in motion, sounds audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one sighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property. If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Official in charge shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certification of the Fire Chief and with the approval of the chief administrative official, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes, unless such person first secures a permit for such use from the Fire Chief and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.
The Fire Chief shall recommend to the chief administrative official of the municipality the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Chief.
All new and existing educational or institutional complexes and similar occupancies and uses involving high fire or life hazards and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief shall designate and approve the number and location of fire hydrants. The Fire Chief may require the installation of sufficient fire hose and equipment housed in accordance with approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Chief.
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code, except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the Fire Chief. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Chief.
A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Official or which is not in proper working order or the contents of which do not meet the requirements of the Fire Official. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, except with the approval of the Fire Chief or Chief of Police, within the boundaries of the municipality. The word "street," as used in this article, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the municipality.
In all buildings of Use Group R1 and R2, as those use groups are defined by the New Jersey Uniform Construction Code, single-station smoke detectors shall be installed in the immediate vicinity of sleeping areas. When actuated, the detector shall provide an alarm suitable to warn the occupants within the individual unit. An additional smoke detector shall be installed in basements that are accessible from within a dwelling unit and are used solely by the occupants of that unit. In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full story below the upper level. If there is an intervening door between the adjacent levels, a smoke detector shall be installed in accordance with NFPA74. Where more than one detector is required by this provision, the detector shall be wired in such a manner that the actuation of one alarm will actuate all the alarms in the individual unit.
A. 
Designation. The Fire Official may require and designate public or private fire lanes and zones as deemed necessary for the efficient and effective use of fire apparatus. He may also require the owner or owners to provide, erect and maintain metal signs at such locations. The signs so designating fire zones or lanes are to be of design and quality approved by the Demarest Fire Prevention Bureau.
B. 
Obstructions. Designated fire lanes or zones shall be maintained free of obstructions and marked in a manner prescribed by the Fire Official. Any vehicles parked within 10 feet of a multiple dwelling, townhouse or cooperative shall be considered in the fire zone. Parking on grass within 10 feet of a building, blocking the egress of the occupants or the access of Fire Department equipment shall be considered a fire zone.
C. 
Fire zone listing. The attached Schedule A shall be deemed the fire zone listing for the Borough of Demarest.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this article.
All persons seeking to appeal any enforcement action undertaken pursuant to N.J.A.C. 5:70-3.2(a), Article 3, Subsection F-311.0, or pursuant to Chapter 98, § 98-35, of the Code of the Borough of Demarest shall pay to the Construction Board of Appeals the sum of $100 at the time of filing such appeal.