Borough of Fairview, NJ Chapter 14 Fire Protection and Fire Prevention

§ 14-1 UNIFORM FIRE SAFETY ACT. [1]

[1] Editor's Note: Prior ordinance history includes portions of 1974 Code §§ 12-16.1 —12-16.11, and Ordinance Nos. 85-18, 86-18, 99-2, 99-10, 00-20 and 03-39.

§ 14-1.1 Preamble.

[Ord. No. 04-36]

Whereas, the Uniform Fire Safety Act (P.L. 1983, C 383) was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey; and the Uniform Fire Safety Act authorized municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose; and it is in the best interest of the municipality of Fairview to have the Uniform Fire Safety Act enforced locally.

The Fire Department of the Borough of Fairview has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Code.

§ 14-1.2 Local Enforcement.

[Ord. No. 04-36]

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 et seq.) shall be locally enforced in the Borough of Fairview.

§ 14-1.3 Agency Designation.

[Ord. No. 04-36]

The local enforcing agency shall be the Bureau of Fire Safety in the Borough of Fairview.

§ 14-1.4 Duties.

[Ord. No. 04-36]

The Fire Official and the Bureau of Fire Safety have the authority to assess civil penalties directly without issuing a summons as per N.J.A.C. 5:70, et seq. of the New Jersey Uniform Fire Code.

§ 14-1.5 Life Hazard Uses.

[Ord. No. 04-36]

The local enforcing agency established by Subsection 14-1.2 of this section shall carry out the period inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commission of Community Affairs (N.J.A.C. 5:70, et seq.)

§ 14-1.6 Organization.

[Ord. No. 04-36]

The local enforcing agency established by Subsection 14-1.2 of this section shall be under the direct supervision and control of the Fire Official who shall report to the Borough Administrator. (N.J.A.C. 5:70, et seq.)

§ 14-1.7 Appointments; Term of Office; Removal.

[Ord. No. 04-36]

a. Appointment of Fire Official. The local enforcing agency shall be under the supervision of the Fire Official who shall be appointed by the Mayor and Council, pursuant to Title 11, Department of Personnel of the New Jersey Statutes.

b. Inspectors and Employees. Such inspectors and other employees as may be necessary in the local enforcing agency to properly carry out its responsibilities shall be appointed by the Mayor and Council of the Borough of Fairview pursuant to Title 11, Department of Personnel of the New Jersey Statutes.

c. Removal from Office. The Fire Official, Inspectors and other employees of the enforcing agency shall be subject to removal pursuant to Title 11, Department of Personnel of the New Jersey Statutes. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer. (N.J.A.C. 5:70, et seq.)

§ 14-1.8 Board of Appeals.

[Ord. No. 04-36]

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 Bergen County, Administrative Building, Hackensack, New Jersey 07601. (N.J.A.C. 5:70 et seq.)

§ 14-1.9 Additional Required Inspections and Fees.

[Ord. No. 04-36; Ord. No. 04-40]

In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required. (N.J.A.C. 5:70, et seq.):

a. For those buildings which are not life hazard buildings there will be an inspection fee as follows: (N.J.A.C. 5:70-2.7 et seq.):

1. All buildings of use group B, F-1, F-2, S-1, S-2 which are less than 12,000 square feet but greater than 5,000 square feet shall be inspected on an annual basis and the fee shall be $250.

2. All mercantile buildings which are less than 12,000 square feet but greater than 5,000 square feet shall be inspected on an annual basis and the fee shall be $250.

3. All buildings of use group F-2 which are greater than 12,000 square feet shall be inspected on an annual basis and the fee shall be $250.

4. All buildings of use group B, F-1, F-2, S-1, S-2 which are less than 5,000 square feet but greater than 500 square feet shall be inspected on an annual basis and the fee shall be $150.

5. All mercantile buildings which are less than 5,000 square feet but greater than 500 square feet shall be inspected on an annual basis and the fee shall be $150.

6. All buildings of use group B, F-1, F-2, S-1, S-2 which are less than 500 square feet shall be inspected on a biannual basis and the fee shall be $25.

7. All mercantile buildings which are less than 500 square feet shall be inspected on a biannual basis and the fee shall be $25.

8. All nonprofit organizations whose premises are used for social functions by not more than 50 persons shall be inspected on a biannual basis and the fee shall be $10.

9. Oil fuel tank abandonment: 550 gallons or less — $25; 2,000 gallons or more — $50.

b. The Fire Inspectors, under the direction and supervision of the Fire Official shall perform cyclical inspections for those buildings which are of use group R-1, R-2 and R-3 including non-owner occupied one - and two-family dwelling units and all common areas. The inspection fees shall consist of the following schedule:

Units 1 through 7	$25 per unit
Units 8 through 23	An additional $20 per unit
Units 24 through 47	An additional $15 per unit
Units 48 and above	An additional $12.50 per unit
Reinspections	$12.50 per unit

c. Failure to pay inspection fees within 15 days of the date of receipt of any inspection notice shall result in the amount of inspection fees being doubled.

§ 14-1.10 Enforcement.

[Ord. No. 04-36]

Any portion of this chapter that may be in conflict with State law or regulations or those promulgated by the Department of Community Affairs shall be subordinate and of no effect if the State law or regulation be to the contrary. (N.J.A.C. 5:70 et seq.)

§ 14-2 STRUCTURES REQUIRING KNOX BOX.

[Added 4-18-2017 by Ord. No. 17-8]

a. Required in buildings containing fire alarm systems and fire suppression systems or buildings where visual inspection for the presence of fire is obstructed or buildings of life hazard use or when, in the opinion of the Fire Official, there is a need for immediate access in the event of fire, a high security Knox-Box^® shall be installed whereby the Fire Department may gain access to a building without the use of force. Such Knox-Box^® shall contain keys for entry and fire suppression an alarm systems.

A Knox-Box^® shall be installed in the following locations:

1. All high-rise (over four stories) buildings, both residential and commercial.

2. All multiple-dwelling buildings, which contain three units or more, and which include any common area between the individual units, and which common area is locked from the outside of the building.

3. All commercial buildings.

4. All commercial structures which contain one or more individual separately located businesses, and which contain common area between such commercial units, and which are locked from the outside.

b. All Knox-Boxes^® shall be located in a prominent and viewable location near the main entrance of the building.

c. All Knox-Boxes^®, regardless of the manufacturer, shall be fitted with locks that are keyed to match the keys presently utilized by the Fire Department of the Borough of Fairview. The obligation to install appropriate locks in accordance with this article shall be the responsibility of the owner of the building or its duly authorized representative.

d. All Knox-Boxes^® must contain and be adequately marked with the following keys:

1. Boiler room key.

2. Utility room key.

3. Sprinkler/pump room key.

4. Alarm panel key.

5. Elevator room key.

6. Elevator service key.

7. All exterior door keys.

8. General storage room key.

e. Colors.

1. All keys placed into Knox-Boxes^® shall be color coded, utilizing only the following specific colors:

(a) Red for all fire alarms, fire suppression systems and firefighter recall elevator keys.

(b) Yellow for all utilities, gas, electric and generator rooms.

(c) Green for mechanical rooms, storerooms and the like.

2. The only exception to this requirement shall be for master key systems, in which one master key is utilized for all of the above-mentioned systems, utilities and rooms.

f. The Knox-Box^® installed by the owner or owners of the building shall be of a proper size, sufficient to accommodate the amount of keys required for the building. It shall be the owner or owners responsibility to notify the Fire Prevention Bureau of any changes in keys or additional keys for the building which violations are placed in the Knox-Box^®.

§ 14-3 PUBLIC SAFETY RADIO COVERAGE.

§ 14-3.1 Emergency Responder Radio Coverage in Existing Buildings.

[Added 6-28-2021 by Ord. No. 21-14]

a. Existing buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved by the Fire Code Official.

2. Where minimum signal strength measurements in 95% of all areas on each floor of the building do not meet the signal strength requirements in Subsection a2(a) and (b) below.

(a) Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building.

(b) Minimum signal strength out of the building. A minimum signal strength of -95 dBm shall be received by the agency's radio system when transmitted from within the building.

b. Exception: where it is determined by the Fire Code Official that the radio coverage system is not needed.

§ 14-3.2 Permit Required.

[Added 6-28-2021 by Ord. No. 21-14]

a. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment, for both newly constructed and existing buildings, is required as specified in IFC Section 105.7.5. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.

§ 14-3.3 Technical Requirements.

[Added 6-28-2021 by Ord. No. 21-14]

a. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with the following.

b. Radio signal strength. The building shall be considered to have an acceptable emergency responder radio coverage when signal strength measurements in 95% of all areas on each floor of the building meet the signal strength requirements in Subsection b1 and 2 below.

1. Minimum signal strength into the building. A minimum signal strength of -95 dBm shall be receivable within the building.

2. Minimum signal strength out of the building. A minimum signal strength of -95 dBm shall be received by the agency's radio system when transmitted from within the building.

c. System design. The emergency responder radio coverage system shall be designed in accordance with the below subsections.

1. Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with a radiating cable system, a distributed antenna system with Federal Communications Commission (FCC) certified signal boosters, or other system approved by the Fire Code Official in order to achieve the required adequate radio coverage.

2. Technical criteria. The Fire Code Official shall maintain a document providing the specific technical information and requirements for the emergency responder radio coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, effective radiated power of radio sites, and other supporting technical information.

3. Standby power. The standby power supply shall be capable of operating the emergency responder radio coverage system for a duration of not less than 24 hours.

4. Signal booster requirements. If used, signal boosters shall meet the following requirements:

(a) All signal booster components shall be contained in a National Electrical Manufacturer's Association (NEMA) 4 type waterproof cabinet.

(b) Battery systems used for the emergency power source shall be contained in a NEMA 4 type waterproof cabinet.

(c) The signal booster system and battery system shall be electrically supervised and monitored by a supervisory service or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location.

(d) Equipment shall have FCC certification prior to installation.

5. Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC.

§ 14-3.4 Installation Requirements.

[Added 6-28-2021 by Ord. No. 21-14]

a. The installation of the public safety radio coverage system shall be in accordance with the following:

1. Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC shall not be installed without prior coordination and approval of the Fire Code Official.

2. Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following:

(a) A valid FCC-issued general radio operator's license.

(b) Certification of in-building system training issued by a nationally recognized organization, school or a certificate issued by the manufacturer of the equipment being installed.

3. These qualifications shall not be required where demonstration of adequate skills and experience satisfactory to the Fire Code Official is provided.

4. Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 90%. The test procedure shall be conducted as follows:

(a) Each floor of the building shall be divided into a grid of 20 approximately equal test areas.

(b) The test shall be conducted using a calibrated portable radio of the latest brand and model used by the agency talking through the agency's radio communications system.

(c) Failure of not more than two nonadjacent test areas shall not result in failure of the test.

(d) In the event that three of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than four nonadjacent test areas shall not result in failure of the test. If the system fails the forty-area test, the system shall be altered to meet the 90% coverage requirement.

(e) A test location approximately in the center of each test area shall be selected for the test, with radio enabled to verify two-way communications to and from the outside of the building through the public agency's radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered failure of that test area. Additional test locations shall not be permitted.

(f) The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values.

(g) As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and subsequent annual inspections.

5. FCC compliance. The emergency responder radio coverage system installation and components shall also comply with all applicable federal regulations, including, but not limited to, FCC 47 CFR Part 90.219.

§ 14-3.5 Maintenance.

[Added 6-28-2021 by Ord. No. 21-14]

a. The emergency responder radio coverage system shall be maintained operational at all times in accordance with the following.

1. Testing and proof of compliance. The emergency responder radio coverage system shall be inspected and tested annually or where structural changes occur, including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following:

(a) In-building coverage test.

(b) Signal booster shall be tested to verify that the gain is the same as it was upon initial installation and acceptance.

(c) Backup batteries and power supplies shall be tested under load of a period of one hour to verify that they will properly operate during an actual power outage. If within the one-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional one-hour periods until the integrity of the battery can be determined.

(d) Other active components shall be checked to verify operation within the manufacturer's specifications.

(e) At the conclusion of the testing, a report, which shall verify compliance with this section, shall be submitted to the Fire Code Official.

2. Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC or additional frequencies are made available by the FCC. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section.

3. Field testing. Agency personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage.

§ 14-3.6 Penalties.

[Added 6-28-2021 by Ord. No. 21-14]

a. Any persons or entities found to be in violation of these requirements of § 14-3 et seq. shall, upon certification of said violation by the Borough of Fairview Fire Official, be subject to a penalty. Such penalties shall not exceed a rate of $1,000 per day for failure to abate the violation. If the violation is not remedied within three months, certificate of occupancy for the building in violation may be revoked.