Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[New]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-202), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) shall be locally enforced in the municipality of the Township of Edison.
[1999 Code § 18.12.030; New]
a. 
Agency Designation. The local enforcing agency shall be the Bureau of Fire Prevention. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.
b. 
Duties of Agency. The local enforcement agency shall enforce the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of Edison, other than owner-occupied one- and two-family dwellings and buildings owned or operated by the Federal government, the State and interstate agencies and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
c. 
Organization. The local enforcing agency shall be under the direct supervision and control of the Chief Fire Inspector/Fire Official, who shall report directly to the Chief of the Division of Fire.
[1999 Code § 18-12-030; New; Ord. No. O.1828-2013; Ord. No. O.2019-2018]
The local enforcing agency established in this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
a. 
Registration Fees. All life hazard uses are subject to a one time registration fee. This fee is to be submitted along with the Business Registration form prior to opening and or conducting business within the Township. The form and fee are to be submitted to the Fire Prevention Bureau. Listed below is the fee schedule that is based on the square footage of building and or structure.
1. 
Up to four hundred ninety-nine (499) square feet of occupiable space: twenty-five ($25.00) dollars.
2. 
Five hundred (500) square feet to nine hundred ninety nine (999) square feet of occupiable space: fifty ($50.00) dollars.
3. 
One thousand (1,000) square feet to two thousand four hundred ninety-nine (2499) square feet of occupiable space: one hundred ($100.00) dollars.
4. 
Two thousand five hundred (2,500) square feet to four thousand nine hundred ninety-nine (4999) square feet of occupiable space: one hundred fifty ($150.00) dollars.
5. 
Five thousand (5,000) square feet to eleven thousand nine hundred ninety-nine (11,999) square feet of occupiable space: two hundred ($200.00) dollars.
6. 
Twelve thousand (12,000) square feet to fifty thousand (50,000) square feet of occupiable space: two hundred seventy-five (275.00) dollars.
7. 
An additional fifteen dollars ($15.00) for each thousand (1,000) square feet over fifty thousand (50,000) square feet of occupiable space to be inspected.
8. 
Any person who shall violate the provisions of this section shall be penalized by a fine equal to their registration fee.
[Added 2-10-2020 by Ord. No. O.2064-2020]
b. 
The owner(s) of businesses, occupancies, buildings, structures, or premises to be inspected shall submit an owner registration application for each space to be inspected.
It shall be a violation of this subsection for an owner to fail to return such forms within thirty (30) days. If the ownership is transferred whether by sale, gift, reorganization, receivership, foreclosure or execution of process, the new owner shall file with the local enforcement agency within thirty (30) days of transfer.
Applications shall be accompanied by fees in accordance with the subsection.
A non-life hazard use shall include any use that is not a life hazard use under the Uniform Fire Code.
a. 
Inspections. The local enforcing agency shall inspect all non-life hazard buildings, structures or premises other than one- and two-family dwellings during a two-year cycle for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire operations, endanger life, or any conditions constituting violation of the provision or intent of the Uniform Fire Code.
b. 
Registration Fees. The owner(s) of all businesses, occupancies, buildings, structures or premises to be inspected in paragraph a. shall be subject to the following annual fee schedule.
1. 
Up to four hundred ninety-nine (499) square feet of occupiable space: twenty five ($25.00) dollars.
2. 
Five hundred (500) to nine hundred ninety-nine (999) square feet of occupiable space: fifty ($50.00) dollars.
[Amended 2-10-2020 by Ord. No. O.2064-2020]
3. 
One thousand (1,000) square feet to two thousand four hundred ninety-nine (2,499) square feet of occupiable space: one hundred ($100.00) dollars.
4. 
Two thousand five hundred (2,500) square feet to four thousand nine hundred ninety-nine (4,999) square feet of occupiable space: one hundred fifty ($150.00) dollars.
5. 
Five thousand (5,000) square feet to eleven thousand nine hundred ninety-nine (11,999) square feet of occupiable space: two hundred ($200.00) dollars.
6. 
Twelve thousand (12,000) square feet to fifty thousand (50,000) square feet of occupiable space: two hundred seventy-five ($275) dollars.
7. 
An additional fifteen dollars ($15.00) for each thousand (1,000) square feet over fifty thousand (50,000) square feet of occupiable space to be inspected.
8. 
Any person who shall violate the provisions of this section shall be penalized by a fine equal to their registration fee.
[Added 2-10-2020 by Ord. No. O.2064-2020]
c. 
The owner(s) of businesses, occupancies, buildings, structures or premises to be inspected shall submit an owner registration application for each space to be inspected.
It shall be a violation of this section for an owner to fail to return such forms within thirty (30) days. If the ownership is transferred whether by sale, gift, reorganization, receivership, foreclosure or execution of process, the new owner shall file with the local enforcement agency within thirty (30) days of transfer.
Applications shall be accompanied by fees in accordance with the section.
[1999 Code § 8.12.090; Ord. No. O.2019-2018]
a. 
Permit Fees. The application fee for a permit shall be as follows:
[Amended 2-10-2020 by Ord. No. O.2064-2020]
Permit
Fee
Type 1
$54.00
Type 2
$214.00
Type 3
$427.00
Type 4
$641.00
Type 5
$1,380.00
Special Event Permit Fees:
Per special event, up to 3 days duration, including setup and takedown
$100.00
Per special event, 4 days to 6 days of duration, including setup and takedown
$150.00
Per special event, 7 days to 10 days of duration, including setup and takedown
$200.00
Per special event, 10 days of duration or longer, including setup and takedown
$250.00
Tent Permit Fees:
Per tent up to 900 square feet in area
$25.00
Per tent from 900-16,800 square feet in area
$42.00
Per tent 16,800 square feet in area and greater
$250.00
Storage of Solid or Liquid Oxidizing Agent Permit Fees:
Pool chlorine storage fee
$250.00
Mobile food truck semiannual permit
$350
Late permit processing fee
$50
b. 
Permits Required.
1. 
Type 1, 2, 3, 4 and 5 permits are required per N.J.A.C. 570-1.1 et seq., of the Uniform Fire Code.
2. 
Special Event Permits shall be required for short-term special events, including but not limited to concerts, conferences, conventions, demonstrations, exhibits, expositions, fairs and sports events, wherein an unusual mass assembly of persons is expected to occur. This permit shall apply to convention centers, cultural centers and exhibition halls. Public buildings and events permitted under the Township Public Event Permit are excluded. This permit shall be required for each special event and shall be in addition to any other permits or approvals required by law.
[Amended 2-10-2020 by Ord. No. O.2064-2020]
3. 
Tent Permits shall be required for the erection, operation, or maintenance of any tent, tensioned membrane structure, or canopy, excluding those used for recreational camping purposes. This permit shall be required for each tent erected and shall be in addition to any other permits or approvals required by law.
4. 
Storage of Solid or Liquid Oxidizing Agent Permits shall be required for the seasonal storage of chlorine in solid or liquid forms. This permit shall also be required for any building used for the storage or distribution of solid or liquid oxidizing agents.
5. 
Mobile food truck operators may apply for a semiannual permit which will satisfy the requirement of a Type I permit at multiple venues for a period of six months. Applications for said permit must be accompanied by a valid fire suppression system test report, kitchen hood cleaning report, and proof of Class K fire extinguisher inspection. The operator must notify the Fire Code Official at least 72 hours in advance of each event; failure to do so will result in a late permit processing fee of $50. Mobile food trucks shall be subject to inspection at every event.
[Added 2-10-2020 by Ord. No. O.2064-2020]
6. 
Any person who fails to obtain a permit prior to said activity shall be subject to the late permit processing fee of $50.
[Added 2-10-2020 by Ord. No. O.2064-2020]
c. 
Request for Fire Code Status. Request for Fire Code Status, as required in N.J.A.C. 5:70-1.1 et seq., shall be obliged only after the completion of a fire safety inspection, the fee for which shall be fifty ($50.00) dollars.
[1999 Code § 8.12.100; amended 2-10-2020 by Ord. No. O.2064-2020]
The following buildings are subject to registration and inspection fees with the Edison Division of Fire and five-year periodic inspections that are not covered by the New Jersey State Fire Code, N.J.A.C. 5:70-1.1 et seq.
a. 
Multiple Dwelling Inspection Fees.
1. 
All multiple dwellings with less than 13 units per building shall be inspected every five years. The inspection fee shall be $150 per building.
2. 
All multiple dwellings with 13 units and no more than 24 units per building shall be inspected every five years. The inspection fee shall be $200 per building.
3. 
All multiple dwellings with more than 24 units per building shall be inspected every five years. The inspection fee shall be $300 per building.
4. 
The inspection fee shall be paid within 30 days of the certificate of housing inspection and shall remain valid for a period of five years.
5. 
All multiple dwellings shall be subject to a reinspection fee of $50 per building.
b. 
Multiple Dwelling Registration.
1. 
All multiple dwellings with one to five buildings shall have an annual registration fee of $100.
2. 
All multiple dwellings with six to 10 buildings shall have an annual registration fee of $150.
3. 
All multiple dwellings with 11 to 15 buildings shall have an annual registration fee of $200.
4. 
All multiple dwellings with 16 or more buildings shall have an annual registration fee of $300.
c. 
Hotel/Motels. All hotels/motels that constitute life hazard uses which are subject to registration with the Edison Division of Fire and are covered by the New Jersey State Fire Code, N.J.A.C. 5:70-1.1 et seq., shall be exempt.
[1999 Code § 8.40.010]
As used in this section:
DWELLING
Means a building or structure which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Means any building, structure or trailer containing one (1) or more rooms arranged for the use of one (1) or more persons as a single housekeeping unit.
SMOKE DETECTOR
Means a device sensing visible or invisible smoke particles or combustion which, when activated, shall provide an alarm sufficiently audible to warn occupants in the dwelling unit, whether such occupants are sleeping or awake. Any such smoke detector shall bear a seal, tested and listed by an approved, nationally recognized fire testing laboratory, shall comply in design to all applicable State, Federal and industrial requirements, and, if such smoke detector is electrically operated, then it shall be installed in conformance with the National Electrical Code Standard 70 and comply with all applicable permits and building subcode inspection requirements.
[1999 Code § 8.40.020]
Any new, rehabilitated or existing dwelling which is required by law or regulation to have installed therein any smoke detector or fire prevention system other than that which is required by this section and does in fact have such system installed shall be exempted from the provisions of this section.
[1999 Code § 8.40.030; amended 2-10-2020 by Ord. No. O.2064-2020]
a. 
One smoke detector shall be installed on the highest habitable level of every dwelling unit and on each floor level, including the basement, where one of such detectors shall be located on the basement or cellar ceiling as close as possible to the stairway opening. Additionally, smoke detectors shall be installed within 10 feet of each sleeping area.
b. 
The smoke alarms required in Subsection a above shall be located and maintained in accordance with NFPA 72.
c. 
Ten-year sealed battery-powered single station smoke alarms shall be installed and shall be listed in accordance with ANSI/UL 217. However, A/C-powered single or multiple-station smoke alarms installed as part of the original construction or rehabilitation project shall not be replaced with battery-powered smoke alarms.
d. 
A/C-powered smoke alarms shall be accepted as meeting the requirements of this section provided that they are not more than 10 years in age.
[1999 Code § 8.40.040; Ord. No. O-1828-2013; Ord. No. O.2016-2018]
a. 
It shall be the responsibility of the owner of each dwelling unit to comply with this section. It shall be unlawful for any owner to fail or refuse to install such detectors in accordance with this section or fail to maintain the detectors in proper working order.
b. 
It shall be the duty of the tenant or occupant of a dwelling unit, at his or her own cost and expense, to maintain and replace all batteries of battery-operated and hard-wired battery backup smoke detector devices installed by the owner in the dwelling unit. Any tenant who fails to so maintain and replace such batteries shall be guilty of violating this section.
[Amended 2-10-2020 by Ord. No. O.2064-2020]
c. 
The duty of the tenant to maintain the batteries shall not relieve the owner of the duty to maintain the detector unit in proper operating order other than the batteries in the dwelling unit, as well as the duty to maintain both the batteries and the unit installed in the common areas of the dwelling.
d. 
Upon compliance with this section and the Uniform Fire Code, N.J.A.C. 5:70-1 et seq., by any owner by resale or change in occupancy of a single-family dwelling, a CO and a certificate of smoke detector compliance shall be issued by the Fire Code Official in charge of enforcement. Requests ten (10) business days prior to issuance, sixty ($60.00) dollars. Requests four (4) to ten (10) business days prior, ninety ($90.00) dollars. Requests fewer than four (4) business days prior, one hundred forty ($140.00) dollars. Should a reinspection be required due to a failure to appear for an appointment a fifty ($50.00) dollar fee shall be applied. Should a reinspection be required due to a failure to comply with the conditions set forth within the Uniform Fire Code a twenty ($20.00) dollar fee shall be applied.
[1999 Code § 8.40.050]
It is unlawful for any tenant, occupant, owner or any other person to tamper with, damage, destroy, steal, paint over or do anything to cause such smoke detector to malfunction or fail to operate.
[1999 Code § 8.40.060]
a. 
Effective immediately, no certificate of occupancy shall be issued for any new dwelling or newly rehabilitated dwelling unless the Division of Fire certifies that such dwelling has complied with this section.
b. 
After the enactment of this section, the Tax Collector shall promptly notify all owners of record of dwelling units and thereafter all new owners of record of dwelling units of the requirements of this section and, in the same communication, forward the owners a certification, to be executed under penalty of perjury, reciting that the owner has complied with the requirements of this section and to be returned to the Division of Fire.
[1999 Code § 8.40.070]
The Construction Official responsible for enforcement shall be the Fire Protection Subcode Official and Electrical Official and any other duly qualified inspector whose responsibilities are directly related to the function, whether or not specifically provided for.
[1999 Code § 8.40.080]
In addition to the enforcement of this section by the Township Officials, any person may institute and file a complaint in the Municipal Court of Edison against any other person who is found violating any provisions of this section.
[1999 Code § 8.40.090]
Any person violating this section shall be liable for a minimum fine of fifty ($50.00) dollars and a maximum fine not to exceed the penalty stated in Chapter I, Section 1-5 together with the penalty stated in N.J.S.A. 52:27D-198.3.
[1999 Code § 8.12.010]
There is adopted by the Township, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Code known as the "Uniform Fire Code, State of New Jersey, of the New Jersey Administrative Code" thereof and all changes and additions that are adopted from time to time, of which Code not less than three (3) copies have been and are now filed in the office of the Clerk of the Township; and the same is adopted and incorporated as fully as if set forth herein, the provisions thereof shall be controlling within the limits of the Township.
[1999 Code § 8.16.040]
The limits referred to in Article 26 of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.050]
a. 
The limits referred to in Article 28 of the Uniform Fire Code, in which storage of flammable liquids in outside aboveground tanks is prohibited, are established as prescribed in the zoning ordinance of the Township.
b. 
The limits referred to in Article 28 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.060]
The limits referred to in Article 30 of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as prescribed in the zoning ordinance of the Township.
[1999 Code § 8.16.070]
The Director of Public Safety, the Chief of the Paid Fire Division and a member of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the Uniform Fire Code. The Chief of the Paid Fire Division shall post such list in a conspicuous place in his or her office and distribute copies thereof to interested persons.
[1999 Code § 8.16.080; Ord. No. O.1607-2008§ 7; Ord. No. O.1722-2009§ 2]
a. 
Authority is vested in the Chief of the Fire Department and the Chief of Police or his/her designee to establish and designate fire and emergency access lanes in and around private property, parking areas and parking places which are open to the public or to which the public is invited.
b. 
The fire and emergency access lanes may include, but are not limited to, no-parking or no-standing areas, traffic directional lanes and areas designated solely for pedestrian traffic. Parking shall be in the designated areas.
c. 
Fire and emergency access lanes shall be in those locations and of sufficient design as may be reasonably required by the public safety and welfare. The purpose of these lanes is to guarantee unimpaired ingress and egress in and around public parking areas and to and around all buildings located in these areas in the event of fire or other emergency, for police, fire and other emergency vehicles. These lanes shall be installed by the property owner with acceptable signs and paint on the pavement provided by the property owner and installed and maintained under the guidance and direction of the Chief of the Fire Department and the Chief of Police or his/her designee.
d. 
No person, firm or corporation, or any of their agents or employees, shall leave standing or cause to be parked any vehicle in any of the aforementioned lanes nor cause any other obstruction in these designated lanes.
e. 
All fire hydrants, standpipes and ten (10) feet on either side of the hydrant and standpipes shall be designated as fire zones. Such designation shall apply to all fire hydrants and standpipes located within the Township.
f. 
The Chief of the Fire Department and the Chief of Police or his/her designee shall have concurrent jurisdiction to enforce the provision of this subsection by the issuance of summonses or complaints. In addition to the penalties provided hereafter, any vehicle parked in violation of the regulations provided under this subsection may be towed away summarily by the Police Department at the expense of the violator.
g. 
Any person who shall violate the provisions of this section shall be punished by a fine of not more than five hundred ($500.00) dollars or by imprisonment of not more than ninety (90) days, or both, at the discretion of the court.
[1999 Code § 8.16.090]
a. 
Barbecue grills using propane fuel with fuel tanks attached shall not be located or operated within or upon any building or within five (5) feet laterally of any building, wall or overhang.
b. 
Barbecue grills using charcoal or wood fuel shall not be operated within or upon any building or within five (5) feet laterally of any building, wall or overhang.
[Ord. No. O.1725-2009§ I]
a. 
The following structures shall be equipped with a key lock box at or near the main entrance or such other location required by the Fire Official:
1. 
Commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency;
2. 
Multi-family residential structures that have restricted access through locked doors and have a common corridor for access to the living units;
3. 
Governmental structures and nursing care facilities.
b. 
All newly constructed structures subject to this subsection shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one (1) year from the effective date of this section to have a key lock box installed and operational.
c. 
The Fire Official shall designate the type of key lock box system to be implemented within the Township and shall have the authority to require all structures to use the designated system.
d. 
The owner of or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
e. 
Key Box Maintenance. The operator of the building shall immediately notify the Fire Official and provide the new keys when a lock is changed or re-keyed. The key to such lock shall be secured in the key box (N.J.A.C. 5:70-3, 506.2).
f. 
The Fire Official shall be authorized to implement rules and regulations for the use of the lock box system.
g. 
Any person who owns or operates a structure subject to this section shall be subject to the penalties set forth in Section 16-6 of this Code for any violation of this subsection, provided that the MAXIMUM fine for a conviction for a violation of this section shall be two thousand ($2,000.00) dollars.
[1999 Code § 8.16.100; Ord. No. O.1725-2009§ I]
The Chief of the Paid Fire Division shall have power to modify any of the provisions of the Uniform Fire Code upon application in writing by the owner or lessee or his or her duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the Uniform Fire Code, provided that the spirit of the Uniform Fire 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 Chief of the Paid Fire Division thereon shall be entered upon the records of the Division, and a signed copy shall be furnished to the applicant.
[1999 Code § 8.16.110; Ord. No. O.1725-2009§ I]
Whenever the Chief of the Paid Fire Division shall disapprove an application or refuse to approve a permit applied for, or when it is claimed that the provisions of the Uniform Fire Code do not apply or that the true intent and meaning of the Uniform Fire Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Paid Fire Division to the Board of Adjustment of the Township within thirty (30) days from the date of the decision appealed. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, (see N.J.S.A. 52-27D-206 and N.J.S.A. 52-27D-208) any person aggrieved by any order of the local enforcement agency or agencies shall have the right to appeal to the Construction Board of Appeals of the County of Middlesex.
[1999 Code § 8.16.120; Ord. No. O.1725-2009§ I]
a. 
Any person who shall violate any of the provisions of the Uniform Fire Code 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 and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Board of Adjustment of the Township or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be liable, upon conviction, to the penalty stated in N.J.A.C. 5:70-2.12. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
b. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
c. 
Fire Department Costs.
1. 
When an owner has been given notice of the existence of a violation of this Code and has not abated the violation, he or she shall be liable to a penalty in the amount of the actual cost to the Fire Department of suppressing any fire directly or indirectly resulting from the violation.
2. 
Such cost shall be certified by the Chief of the Paid Fire Division, and he or she shall assess the amount certified and collect it under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) in the Superior Court, County district court or Municipal Court.
3. 
All moneys collected pursuant to this subsection shall be paid to the Municipality and appropriated to the Fire Department to defray the certified costs.