[G.O. No. 1405, § I; G.O. No. 1787, § I]
Pursuant to Section 11 of the Uniform Fire Safety Act of the
State of New Jersey (P.L. 1983, C. 383), which was enacted for the
purpose of establishing a system for the enforcement of minimum fire
safety standards throughout the State of New Jersey, the New Jersey
Uniform Fire Code shall be locally enforced in the Town of Westfield.
[G.O. No. 1405, § II; G.O. No. 1787, § I]
The local enforcing agency shall be the Fire Department of the
Town of Westfield through its fire prevention bureau, under the supervision
of the chief of the Fire Department.
[G.O. No. 1405, § III; G.O. No. 1787, § I]
The fire prevention bureau of the Westfield Fire Department
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 Town of Westfield, 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.
[G.O. No. 1405, § IV; G.O. No. 1787, § I]
The fire prevention bureau of the Westfield Fire Department
shall carry out the periodic inspections of life hazard uses required
by the Uniform Fire Code on behalf of the commissioner of community
affairs of the State of New Jersey. The bureau of fire safety, department
of community affairs, of the State of New Jersey is designated to
collect and account for the annual registration fees established by
the code.
[G.O. No. 1405, § IV; G.O. No. 1787, § I]
The local enforcing agency established by Section 11-39 of this code shall be the fire prevention bureau under the direct supervision of the fire official, who shall report to the chief of the Westfield Fire Department.
[G.O. No. 1405, § VI; G.O. No. 1787, § I]
(a)
The local enforcing agency shall be headed by the fire official in
charge of the fire prevention bureau for the Westfield Fire Department.
(b)
The fire official shall serve for a term of one year, and shall be
appointed by the Fire Chief with the approval of the Town Administrator
and concurrence of the Mayor. The bureau of fire safety, department
of community affairs, shall certify the individual filling this position
as a fire official by the bureau of fire safety, department of community
affairs, State of New Jersey. The fire official may be assigned such
other duties as may from time to time be designated by the Fire Chief.
(c)
The chief of the Fire Department may appoint such other members of
the Fire Department as inspectors in the bureau, as shall from time
to time be necessary. Inspectors shall be paid members of the Westfield
Fire Department and certified as fire inspectors by the bureau of
fire safety, department of community affairs, State of New Jersey.
Such inspectors may be assigned other duties as may from time to time
be designated by the Fire Chief.
(d)
The fire official, inspector and other employees of the enforcing
agency shall be subject to removal by the chief of the Westfield Fire
Department and/or the Town Administrator for inefficiency or misconduct.
Each fire official, inspector or employee to be so removed shall be
afforded an opportunity to be heard by the Town Council or a designated
hearing officer.
(e)
A report of the bureau of fire prevention shall be made annually
and transmitted to the Mayor; it shall contain a report of all proceedings
under this article, with such statistics as the chief of the Fire
Department shall also recommend to include therein.
[G.O. No. 1405, § VII; G.O. No. 1787, § I]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
shall have the right to appeal to the construction board of appeals
of Union County.
[G.O. No. 1405, § VIII; G.O. No. 1787, § I;
G.O. No. 1820, § I; G.O. No. 1895, § I]
In addition to the inspection and fees required pursuant to
the Uniform Fire Safety Act and regulations of the department of community
affairs, the following additional non-life hazard inspections and
fees shall be required and the owner of any premises or use group
described hereafter shall be required to register the building, structure
or uses with the fire official and after such registration notify
the fire official of any change of use. There shall be no annual registration
fee for such uses but there shall be inspection fees as shown.
|
Building or Use
|
Frequency of Inspection
|
Fee per Inspection
|
|---|---|---|
|
All individual food preparation establishments in a building
or structure, except individual dwelling units, utilizing commercial
cooking appliance, not specifically covered under other requirements
of the code.
|
Annual
|
$35
|
|
All individual factory uses regardless of size in a building
or structure, not specifically covered under other requirements of
the code.
|
Annual
|
$35
|
|
All individual educational uses in a building or structure not
specifically covered under other requirements of the code.
|
Annual
|
$35
|
|
All activities in a building or structure involving the handling,
storage or use of hazardous substances, materials or devices; or 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 which are not specifically
covered under other requirements of the code.
|
Annual
|
$50
|
|
All hotels and multiple family dwellings containing more than
two dwelling units.
|
Annual
|
$50
|
|
To abandon any underground flammable or combustible liquid storage
tank including tanks used to store No. 2 heating fuel in single and
two family dwellings, an inspection shall be required pursuant to
a permit being issued by the Construction Official. There shall be
no additional fee for the fire prevention inspection.
|
As scheduled
|
N/A
|
|
All individual places of public assembly in a building or structure
not specifically covered under other requirements of the code.
|
Annual
|
$50
|
|
In addition to the requirements for registration and inspection
of life hazard uses required by the Uniform Fire Safety Act and regulations
of the department of community affairs of the State of New Jersey
and the additional registration and inspection required by this code,
the owner of any premises in which any storage, mercantile, business,
educational, commercial, residential, amusement, recreational, social,
political, religious, utility, industrial or manufacturing use is
conducted, except for single and two family residential dwellings,
shall be required to register the building, structure, or use with
the fire official and notify the fire official of any change of use.
The fire official and/or his designated representative shall have
the right to inspect such premises, whether same are registered or
not, to verify the nature of the use conducted there and to determine
the presence, if any, of any fire hazards. There shall be no fee charged
for such inspections.
|
[G.O. No. 1561, § I; G.O. No. 1584, § I;
G.O. No. 1787, § I; G.O. No. 1820, § II; G.O.
No. 1895, § II; amended 6-3-2014 by G.O. No. 2023]
(a)
The fee for performing an initial inspection for smoke alarms and
carbon monoxide alarms in buildings containing one or two dwelling
units as required by the state law known as the "Uniform Fire Safety
Act" (N.J.S.A. 52:27D-192 et seq.), including any subsequent reinspection
to ascertain compliance, shall conform to the following fee schedule:
(1)
A price not to exceed $125 if application for an inspection
is made more than 10 business days prior to change in occupancy.
(2)
A price not to exceed $150 if application for an inspection
is made less than 10 business days but more than four business days
prior to change in occupancy.
(3)
A price not to exceed $175 if application for inspection is
made fewer than four business days prior to change in occupancy.
(b)
The actual fee schedule shall be established from time to time by
resolution of the Town Council. When compliance has been established,
a certificate evidencing such compliance shall be issued by the Fire
Department.
[G.O. No. 1584, § II; G.O. No. 1787, § I]
Failure to obtain the inspection, install the required smoke alarms or obtain the required certificate evidencing compliance by the owner prior to a change of occupancy occasioned by a lease or sale or otherwise or by the owner, including a new owner following a lease or sale which results in a change in occupancy shall be a violation of these Sections 11-45.1 and 11-45.2. Violation of these Sections 11-45.1 and 11-45.2 shall be punishable by a fine, which shall not exceed $200 after conviction in Municipal Court.
[G.O. No. 1695 § I; G.O. No. 1787, § I]
The official of the Town of Westfield responsible for issuing
the certificate evidencing compliance with the requirements of the
Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) shall note on
such certificate when issued any violations of the Exterior Property
Maintenance Code for which a notice of violation has been issued and
which has not been finally resolved as provided in that Code.
[G.O. No. 1405, § IX; G.O. No. 1787, § I]
(a)
The owner or occupant of any land within the Town of Westfield upon
which any underground tank or tanks used for the storage of any liquid
with a flash point of 100° F. or less are located shall cause
the said tank or tanks and connective piping to be tested for leakage
at least once in every five years.
(b)
A permit shall be obtained from the fire official prior to any test
being conducted. The application for a permit shall be on a form provided
by the fire official.
(c)
Each such test shall be performed by a gas station pump and tank
installer approved as to qualifications for this purpose by the fire
official and the standard to be used as a guide for the testing of
underground leakage of flammable and combustible liquids shall be
the National Fire Protection Association standards designated as NFPA
No. 329.
(d)
A written report of the results of each such test, certified to be
correct by the person present at and in charge of the actual performance
of each such test, shall be submitted to the fire official, or his
authorized representative, to be filed by him with the enforcing agency
within 24 hours of the completion of the test.
(e)
If the results of any such test shall indicate any leakage or seepage
of flammable liquids, the owner or occupant of the lands upon which
the defective tank or tanks are located shall cause the same to be
repaired within 72 hours of the completion of the test, or within
such further extension of time as may be granted by the fire official
and shall promptly thereafter submit proof to the fire official, satisfactory
to him, that the condition of leakage or seepage has been corrected.
(f)
After the effective date of this code all such tanks existing at
the effective date of this code shall be inspected within a two-year
period. Thereafter such inspection shall be done every five years
on each tank.
[G.O. No. 1405, § XI; G.O. No. 1787, § I;
amended 6-15-2021 by G.O. No. 2215]
The fees for permits established by the Uniform Fire Code shall
be as follows:
|
Type 1 permit
|
$54
|
|
Type 2 permit
|
$214
|
|
Type 3 permit
|
$427
|
|
Type 4 permit
|
$641
|
|
Type 5 permit
|
Reserved
|
(a)
Permits shall be required and obtained from the local enforcing agency
for the activities specified in this section, except where they are
an integral part of a process or activity by reason of which a 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 1 permit:
a.
Bonfires — this fee may be waived by the Town Council
upon application therefore by a bona fide nonprofit organization;
b.
The use of a torch or flame-producing device to remove paint
from, or seal membrane roofs on, any building or structure;
c.
Tents and temporary tensioned membrane structures without appurtenances,
such as platforms and special electrical equipment, which exceed 900
square feet or 30 feet in any dimension (excluding canopies) whether
single or made up of multiple smaller units when used for purposes
which would constitute a life hazard use if found in a building;
d.
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;
e.
The use of any open flame or flame-producing device, in connection
with any public gathering, for purposes of entertainment, amusements,
or recreation;
f.
Welding or cutting operations except where the welding or cutting
is performed in areas approved for welding by the fire official and
registered as a type B life hazard use;
g.
The possession or use of explosives or blasting agents, other
than model rocketry engines regulated under N.J.A.C. 12:194;
h.
The use of any open flame or flame-producing device in connection
with training of non-fire service personnel in fire suppression or
extinguishment procedures;
i.
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;
j.
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;
k.
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.
l.
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.
m.
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.
n.
The
occasional use of any nonresidential occupancy other than Use Group
F, H, or S for group overnight stays of persons over 2 1/2 years of
age, in accordance with N.J.A.C. 5:70-3, the State Fire Prevention
Code, Section 408.14.
o.
The
use of any Group A-4 use, place of worship, as a shelter with a maximum
permitted occupant load of 14 persons, for 14 or fewer consecutive
days, for not more than 49 days in a year in accordance with Section
408.15 of the State Fire Prevention Code.
p.
Unoccupied
or vacant building or structure 2,500 square feet or more, but less
than 12,000 square feet, in gross floor area.
(2)
Type 2 permit:
a.
Bowling lane resurfacing and bowling pin refinishing involving
the use and application of flammable liquids or materials;
b.
Fumigation or thermal insecticide fogging;
c.
Carnivals and circuses employing mobile enclosed structures
used for human occupancy;
d.
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;
5.
Using liquefied petroleum gas, liquefied natural gas or compressed
flammable gas in containers exceeding five pounds capacity.
e.
Storage
outside of buildings of LP-gas cylinders or other compressed gas containers
when part of a cylinder exchange program.
f.
Unoccupied
or vacant buildings or structures 12,000 square feet or more, but
less than 100,000 square feet, in gross floor area.
g.
The
use of any building, or portion thereof, previously registered as
a life hazard use for mercantile purposes on a temporary basis:
1.
Exception: No permit shall be required for any mercantile use registered
as a life hazard use.
h.
The
storage or retail sales of sparkling devices and novelties in a temporary
or permanent structure, when the pyrotechnic content exceeds 125 pounds,
as defined in Section 202, and shall comply with Section 5609 and
NFPA 1124.
(3)
Type 3 permit:
a.
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;
b.
Wrecking yards, junk yards, outdoor used tire storage, waste
material handling plants, and outside storage of forest products not
otherwise classified;
c.
The storage, handling, or discharging of fireworks; or
d.
Unoccupied
or vacant buildings or structures 100,000 square feet or more in gross
floor area.
(4)
Type 4 permit:
a.
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;
b.
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;
c.
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;
d.
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 nitro methane;
5.
More than 1,000 pounds of ammonium nitrate;
6.
More than one micro curie of radium not contained in a sealed
source;
7.
More than one mill curie 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.
e.
The melting, casting, heat treating, machining or grinding of
more than 10 pounds of magnesium per working day.
(5)
Type 5 permit:
a.
Reserved.
b.
Application for a permit required by this article or the Uniform
Fire Safety Act of the State of New Jersey (P.L. 1983, c. 383), 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 article and
the Uniform Fire Safety Act of the State of New Jersey.
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 this ordinance and the Uniform
Fire Safety Act of the State of New Jersey.
e.
Plans approved by the fire official are approved with the intent
they comply in all respects to this article and the Uniform Fire Safety
Act of the State of New Jersey. Any omission or error on the plans
does not relieve the applicant of complying with all applicable requirements
of this article or the Uniform Fire Safety Act of the State of New
Jersey.
f.
The fire official may revoke a permit or approval issued under
the provisions of this article or the Uniform Fire Safety Act, if
upon inspection any violation of the article or Fire Safety Act 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.
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.
[G.O. No. 1405, § XI; G.O. No. 1787, § I]
The BOCA Basic/National Fire Prevention Code, 1984 edition adopted
as the State of New Jersey Fire Prevention Code by P.L. 1983 c. 383,
is hereby amended to add the following new section:
|
Section F-308.2.2 'Space Heaters': Every space heater except
as provided herein shall be properly vented to a chimney or duct leading
outdoors and be permanently attached to the building or structure
in which it is located. Such ducts and chimneys shall be constructed
in accordance with the Building Code. The use of unvented portable
space heaters burning kerosene fuel is permitted in detached single
family residential dwellings outside the business zones and prohibited
in all other premises provided such heaters meet at least the following
requirements as a minimum:
| |
|
(1)
|
The entire unit is approved by Underwriters Laboratories or
equipment approved testing laboratory;
|
|
(2)
|
Fuel is unpressurized and unit is wick fed, not gravity fed;
|
|
(3)
|
Unit has an automatic shut off device, which stops the flow
of fuel and extinguishes the flame if unit is tipped or struck;
|
|
(4)
|
Unit has push button start with electrical or flint ignition;
|
|
(5)
|
Radiant units have double wall construction;
|
|
(6)
|
Unit has a metal base and drip plate;
|
|
(7)
|
All joints or fittings in contact with fuel have oil resistant
seals to prevent leaks in case of a tip over.
|
|
Detached single-family dwellings for purposes of this section
do not include condominium units or attached single-family homes where
more than one unit is attached to another or located in a larger structure.
| |
|
The use of such unvented portable kerosene space heaters is
prohibited in all structures including detached single family dwellings
in the B-I and B-2 business zones as set forth on the zone map of
the Town of Westfield, except that stores selling such equipment are
permitted to store units on the premises and demonstrate their operation
to potential customers.
| |
|
The use of all other unvented portable space heaters having
solids, liquid or gaseous fuel is prohibited in all zones.
| |
|
The use of electrical portable space heaters approved by Underwriters
Laboratories, or an equivalent approved testing laboratory is permitted
in all zones.
| |
[G.O. No. 1603, § I; G.O. No. 1787, § I]
(a)
Identifying emblems for structures with truss construction shall
be permanently affixed to the front of structures with truss construction.
(1)
The emblem shall be made of a white reflective background material
with one-fourth inch red border. The shape of the emblem shall be
an isosceles triangle and the size shall be 12 inches horizontally
by six inches vertically. The following letter designations shall
have red letters at least 2 1/2 inches high and a minimum width
of 1/2 inch for each stroke, which shall be printed on the emblem.
(2)
The emblem shall be permanently affixed to the left of the main
entrance door at a height between four and six feet above ground or
in an otherwise approved location, and shall be installed and maintained
by the owner of the building.
(b)
Detached one and two family residential structures with truss construction
that are not part of a planned real estate development shall be exempt
from the requirements of (a) above, unless otherwise provided by municipal
ordinance.
(c)
Individual structures and dwelling units with truss construction
that are part of a planned real estate development shall not be required
to have an identifying emblem if there is an emblem affixed at each
entrance to the development.
(d)
It shall be unlawful to obstruct, damage, deface, or reduce the visibility
of an approved sign. Signs shall be maintained in legible condition
at all times.
