[Ord. 7/22/71, S4]
The storage for resale of explosives and blasting agents referred to in section 12.5b of the fire prevention code is hereby prohibited.
[Ord. 7/22/71, S5]
The limits referred to in section 16.22a of the fire prevention code in which storage of flammable liquids in outside aboveground tanks is prohibited, except in that portion of the borough which is situated west of the tracks of the New York Susquehanna and Western Railroad.
The limits referred to in section 16.61 of the fire prevention code, in which new bulk plants for flammable or combustible liquids are prohibited, except in that portion of the borough which is situated west of the tracks of the New York Susquehanna and Western Railroad.
[Ord. 7/22/71, S6]
The limits referred to in section 21.6a of the fire prevention code, in which bulk storage of liquefied petroleum gas is prohibited within fifty (50) feet of any structure, property line or right-of-way.
[Ord. 7/22/71, S7]
The routes referred to in section 12.7m of the fire prevention code for vehicles transporting explosives and blasting agents are hereby established as follows:
North-South route along River Road.
East-West route along Main Street.
In each instance where motor vehicles transporting explosives and blasting agents seek to use any route, including those herein established, the bureau of fire prevention shall first be contacted and permission granted before these routes, including those herein provided, may be used.
[Ord. 7/22/71, S8]
The routes referred to in section 20.14 of the fire prevention code for vehicles transporting hazardous chemicals and other dangerous articles are hereby established as follows:
North-South route along River Road.
East-West route along Main Street.
In each instance where motor vehicles transporting hazardous chemicals or other dangerous articles seek to use any route, including those herein established, the bureau of fire prevention shall first be contacted and permission granted before these routes, including those herein provided, may be used.
[Ord. 7/22/71, S9]
The fire lanes referred to in section 28.16 of the fire prevention code are hereby established as follows:
To provide ingress to and egress from sides and rear of all multiple dwellings, public buildings or commercial establishments or any other lanes established by deputy chief in charge of the bureau of fire prevention and the chief of the fire department.
[Ord. 7/22/71, S10; New]
Whenever a permit or license is required by the terms of this code, the fee shall be as set forth herein and paid to the borough clerk of the Borough of Bogota prior to the issuance of such permit or license by the bureau of fire prevention. If there is no fee designated for the issuance of any particular permit, there shall be no charge for the issuance of the permit or license by the bureau of fire prevention.
The following fees shall be paid to the borough clerk prior to the issuance of a permit or license by the bureau of fire prevention yearly on January 1 of each year unless otherwise provided for:
[Ord. 7/22/71, S11; New]
Whenever the fire marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the mayor and borough council within thirty (30) days from the date of the decision appealed.
[Ord. 7/22/71, S12; New]
The fire marshal shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provide that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire marshal thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.
[Ord. 7/22/71, S13; New]
The fire marshal and the mayor and borough council 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 code. The fire marshal shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
[Ord. 7/22/71, S14]
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the bureau of fire prevention or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a disorderly persons offense, and liable to the penalty stated in Chapter III, section 3-1. The imposition of one 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.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Ord. #927, S1; Ord. #943, SS1-2]
No person shall use, possess or store containers of propane or other compressed gases (except medical gases) on the premises of any one (1), two (2) or multi-family dwelling unless a permit for each such container has been obtained from the bureau of fire prevention. Said permit shall be provided at no fee. No more than two (2) such containers shall be permitted per dwelling. No permit shall be granted for any such container in excess of twenty (20) pounds in size. No such container in excess of five (5) pounds in size shall be stored inside any dwelling or attached garage.
[Ord. #927, S1; Ord. #943, SS1-2]
No person shall possess, use or store any medical gases on the premises of any one (1), two (2) or multi-family dwelling in the Borough of Bogota without first obtaining a permit therefor from the bureau of fire prevention. No fee shall be charged for said permit. When the possession, use or storage of medical gases terminates, the permit holder shall notify the bureau of fire prevention and the permit therefore shall be terminated. For purposes of this subsection, medical gases shall be defined as any compressed gas certified by a treating physician to be necessary for the health or medical treatment of an occupant of the premises.
[Ord. #927, S1]
Any person who violates the provisions of subsection 16-2.1 shall be subject to the penalties set forth in section 3-1 of the Revised General Ordinances of the Borough of Bogota, provided that in no event shall the penalty for a first violation exceed a fine of ten ($10.00) dollars. 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. When not otherwise specified, each day that a violation continues shall constitute a separate offense.
[Ord. #1332, S1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of Bogota.
[Ord. #1332, S2]
The local enforcing agency shall be the Bogota Fire Department through its bureau of fire prevention which is hereby created therein. The bureau of fire prevention shall hereafter be known as the local enforcing agency.
[Ord. #1332, S3; Ord. #1386, S1]
The local enforcing agency shall enforce the Uniform Fire Code within all buildings, structures, and premises within the municipal boundaries of the Borough of Bogota other than one and two family owner occupied dwellings used exclusively for dwelling purposes and buildings, structures and premises owned or operated by the Federal Government or agencies of the State of New Jersey.
The local enforcing agency shall faithfully comply with all applicable requirements of the Uniform Fire Safety Act and the Uniform Fire Code and regulations promulgated pursuant to the codes.
The local enforcing agency will provide for annual registration of all non-owner occupied single-family structures, non-owner occupied two-family structures and owner occupied two-family structures. The provisions of this section shall be waived for any one (1) unit in a two-family structure that is occupied by an owner of the property.
The owner(s) of all non-owner occupied single-family structures, non-owner occupied two-family structures and owner occupied two-family structures shall report to the enforcement agency whenever a change in occupancy occurs during the annual registration period.
[Ord. #1332, S4]
The bureau of fire prevention established by subsection 16-3.2 of this section shall be under direct supervision and control of the fire official, who shall carry the rank of fire marshal, and shall report to the chief of the fire department.
The bureau of fire prevention shall have at least one paid fire official and such other inspectors may be approved by the mayor and council where there is sufficient funding for the position.
[Ord. #1332, S5; Ord. #1386, S1]
Appointment and qualifications of fire official. The fire official shall be appointed by the mayor and council. Upon recommendation of the fire chief, the fire official must be certified by the appropriate agency of the State of New Jersey. The fire official must also keep his certification from the State of New Jersey in good standing at all times.
Appointment and qualifications of fire inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the governing body upon recommendation of the fire official. All life hazard use inspectors shall be certified by the State.
Appointment of legal counsel. The mayor and council shall designate the borough attorney legal counsel to assist the agency in enforcing the Uniform Fire Code.
Term of office. The fire official shall serve for a term of a minimum of one year; any vacancy shall be filled for the unexpired term.
Removal from office. The fire official, inspectors and other employees of the agency shall be subject to removal by the governing body for just cause. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by governing body who rendered a report to the governing body of his finding.
[Ord. #1332, S6]
The bureau of fire prevention established by subsection 16-3.2 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Safety Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Ord. #1337, S7; Ord. #1386, S1]
In addition to the registration required by the Uniform Fire Code, the following uses shall register with the bureau of fire prevention. These uses shall pay the following yearly registration fees.
Manufacturing (factory)-Non life hazard only:
Storage-Non life hazard only:
*Subject to annual registration and inspection for compliance with New Jersey State statute and Borough of Bogota ordinances.
The annual registration and reregistration fee shall be waived for all senior citizens and veterans who have been approved for the New Jersey State Senior Citizen's Property Tax Deduction pursuant to N.J.S.A. 54:488.43 or the Veteran's Property Tax Deduction pursuant to N.J.S.A. 54:4-8.13.
Failure to register non-owner occupied dwellings, and all two-family structures prior to the 1st of January of each calendar year, shall result in receipt of written notice from the enforcing agency. Failure to comply with written notice from the enforcing agency shall result in a maximum fine for a first offense of $2,000.00. Continuing and subsequent noncompliance shall result in a fine of $2,000.00 or forfeiture of all rents derived from the inception of this ordinance,* whichever is greater. If fine is imposed, each day shall be treated as a separate offense and shall be calculated separately from the initial fine imposed.
Structures subject to registration under N.J.S.A. 55-13B-1 et seq. are exempt from compliance with this paragraph.
Editor's Note: Ordinance No. 1386, codified herein, was adopted September 16, 2010.
Fire lane violations:
To obtain a copy of the fire report: $10.00
[Ord. #1332, S8]
[Ord. #1332, S9]
[Ord. #1332, S10]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. (If no such body exists, appeals shall be made to the County construction board of appeals.)
[Ord. #1332, S11]
Buildings owned by the Borough of Bogota are exempt from fees imposed by this section. Buildings of life hazard use, owned by the Borough of Bogota shall be regulated in accordance with applicable State regulations.
Buildings owned by the Borough of Bogota are subject to all the required inspections and regulations pursuant to the Uniform Fire Code.
[Ord. #1332, S12]
If required, non life hazard safety registration fee is not paid to the Bureau of Fire Prevention of the Borough of Bogota by December 31, of the current year; a late charge may be imposed by the bureau of fire prevention. The late charge shall be two times the annual inspection fee for the property involved.
[Ord. #1332, S13]
The owners of businesses which require non life hazard registration fees be paid under this section, shall be responsible for the payment of said fees to the Borough of Bogota.
[Ord. #1332, S14]
The fire official may set penalties as are permitted by the Uniform Fire Code. Enforcement, violations, penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.
[Ord. #1332, S15; Ord. #1386, S1]
All monies generated by the use of the Uniform Fire Code and the Uniform Fire Safety Act shall be used to support the Office of the Fire Official and Fire Prevention Education.
All monies generated by the annual registration, and any fines collected regarding that registration, from non-owner occupied single-family and all two-family dwellings shall be provided for use to the Borough of Bogota.
[Ord. #1386, S1]
Upon receipt of a complaint pertaining to illegal housing at a structure that has been registered under the provisions herein, the enforcement agency shall be authorized and permitted to reinspect said property for violations.
Refer to Borough of Bogota Ordinance #1355 "Illegal Occupancies and Conversions."
[Ord. #1187, S1]
The following minimum standards are established for all rapid entry devices required by this section. Rapid entry devices that do not meet these criteria are violative of this section.
Rapid access lock and key minimum criteria.
Locks must have the ability to be master keyed to the lock code utilized by the Bogota Fire Department.
Lock cylinders must have listing in accordance with UL 437, Safety Key Locks.
System keys must withstand a minimum of fifty (50) in./lbs. of torque when fully inserted.
System key shall be cut using a biaxial pattern similar to a Medeco Level 3 or better.
Vendor must be able to provide official proof of UL Listing.
System keys must be able to be secured in electronic retention device controlled from dispatch.
[Ord. #1187, S1]
To provide the maximum level of protection available, all system keys other than the back up key will be contained in a locked retention system that will only release the key upon an encoded signal via radio from the Bogota Public Safety Communication Center. The back up key shall be held by the Bogota Police Department and will be signed out to the fire official in case of need. Any vendor of fire department rapid access systems must be able to provide an electronic key retention system with the following minimum criteria.
System key retention system criteria.
Decoder units must be capable of being selectively addressed from a remote dispatch center.
Decoder units must be capable of generating an audit report use and activation.
Dispatch center encoder must transmit all signals in a coded format that is not easily duplicated.
Encoder unit must be capable of generating printed audit reports.
Decoder units must provide visual indication of "Release" and "Error" conditions.
[Ord. #1187, S1; Ord. #1208, S1]
The requirements of this section shall apply to all new and existing enclosed structures other than one (1) or two (2) family owner occupied residences and outbuildings used as storage sheds except as otherwise set forth herein. Existing three (3) family owner occupied structures are not required to comply with this section.
[Ord. #1187, S1]
In any building with a rapid access device, either mandated or voluntary, the owner or occupant shall provide at least the following items:
Main entrance door keys or access device.
Keys to any utility rooms or areas containing any of the following controls or shutoffs: gas, electric, water, fire alarm, fire sprinkler, or elevator controls.
Any common area halls, laundry facilities, storage areas and roof access doors/scuttles.
In a subdivided building, keys to access the individual areas occupied by various tenants with tags identifying the location to which the key applies.
Any keys or combinations to locks securing any fire alarm or fire suppression controls.
In any building in which one (1) key vault is required all of the items listed in paragraphs a to e shall be included in the key vault. In all buildings in which a secondary vault is required, the exterior vault shall contain the items listed in paragraphs a and b as well as the key to the secondary vault, if another key is required to open the secondary vault. The items listed in paragraphs c, d, and e shall be in the secondary key vault.
[Ord. #1187, S1]
The Bogota Fire Prevention Bureau shall designate a reasonably suitable mounting location.
The acquisition and installation costs shall be the sole responsibility of the owner of the structure.
It shall be the building owners'/occupants' responsibility to acquire and install the device in accordance with the manufacturer's instructions and specifications.
In all buildings, which either due to their size or design have multiple public entrances, the owner, manager, tenant, or occupant shall install the key vault at the entrance specified by the Bogota Fire Prevention Bureau and shall place an approved reflective sticker in all remaining doors indicating that the premises is equipped with rapid access device.
It shall be the duty of the building owner/occupant to acquire and install a secondary key vault in buildings in which more than one (1) tenant or occupant shares a common entrance, vestibule, atrium, hallway, or other similar access point. The secondary key vault shall be in a readily accessible location just inside the doorway designated as the main access door.
[Ord. #1187, S1]
All existing buildings required to comply with the requirements of this section shall be in compliance with same within sixty (60) days of being notified by the fire prevention bureau in writing. Notices will be hand delivered to the owner/occupant and mailed via regular mail. Buildings under new construction shall be in compliance before the issuance of a fire safety certificate. Any building under renovation shall be in compliance before any required fire subcode inspection. In buildings under renovation where no fire subcode permits need be issued, compliance shall be before the issuance of a certificate of occupancy.
[Ord. #1187, S1]
In all buildings where a rapid access device is installed the owner/occupant shall be required to notify and provide any new or additional keys whenever locks to a premises are changed.
[Ord. #1187, S1]
The provisions of this section shall be enforced by the Bogota Fire Department and Fire Prevention Bureau. The fire prevention bureau shall be responsible for serving all notices of violations pursuant to this section.
[Ord. #1187, S1]
Any building owner not in compliance with an installation requirement of this section within sixty (60) days of being notified of the need for such installation shall be fined an amount of not less than two hundred fifty ($250.00) dollars and not to exceed one thousand ($1,000.00) dollars. Any owner/occupant who does not inform the Fire Department of a new lock installation or key change may be subject to a penalty of not less than fifty ($50.00) dollars and not more than two hundred fifty ($250.00) dollars per occurrence. These penalties may be reassessed for each day the violation continues. These penalties pertain to the requirements of this section only and do not preclude any additional penalties issued under N.J.A.C. 5:18-1 et seq. or Revised General Ordinances of the Borough of Bogota. Any penalties assessed shall be paid within thirty (30) days of issue. The Bogota Municipal Court shall have jurisdiction over all alleged violations and in addition to the above penalties may impose a term of incarceration not to exceed thirty (30) days per violation on the owner, manager, tenant, or occupant.