Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1969 Code § 25-1; Ord. No. 863; Ord. No. 2000-13 § 2][1]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Township.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[1969 Code § 25-2; Ord. No. 863; Ord. No. 2000-13 § 2]
The local enforcement agency shall be the Bureau of Fire Prevention.
[1969 Code § 25-3; Ord. No. 863; Ord. No. 2000-13 § 2][1]
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of Fairfield, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[1969 Code § 25-4; Ord. No. 863; Ord. No. 2000-13 § 2]
The local enforcement agency established by subsection 14-1.2 shall carry out periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[1969 Code § 25-5; Ord. No. 863; Ord. No. 2000-13 § 2; Ord. #2004-11 § 1; Ord. No. 2013-02 § 1]
The local enforcement agency established by subsection 14-1.2 shall be the Bureau of Fire Prevention and shall be under the direct supervision and control of the Fire Official.
[1969 Code § 25-6; Ord. No. 863; Ord. No. 2000-13 § 2; Ord. No. 2002-04 § 4; Ord. No. 2004-11 § 2; Ord. No. 2013-02 § 1; Ord. No. 2015-16]
a. 
The local enforcement agency shall be under the supervision of the Fire Official, who shall be the Fire Prevention Officer, who shall be appointed to a one year term by the Mayor of the Township.
b. 
Such inspectors and other employees as may be necessary in the local enforcement agency shall be appointed by the Mayor upon recommendation of the Township Administrator after consultation with the Fire Official.
[1969 Code § 25-7; Ord. No. 863; Ord. No. 2000-13 § 2]
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act N.J.A.C. 5:71-2.19(a) any person aggrieved by any order of the local agency shall have the right to appeal to the Construction Board of Appeals of Essex County.
[1969 Code § 25-8; Ord. No. 863; Ord. No. 996 §§ 1,2; Ord. No. 96-08 § 1; Ord. No. 2000-13 § 2; Ord. No. 2004-11 §§ 2, 3; Ord. No. 2009-13 §§ 1,2; Ord. No. 2013-02 § 1]
The permit fees established by the Uniform Fire Code shall be as follows:
Type 1
—
$50
Type 2
—
$175
Type 3
—
$350
Type 4
—
$500
Permits are further required to be obtained from the Bureau of Fire Prevention for the following activities at the amount specified for each herein:
a. 
A Type 1 permit is required for a tent or air-supported structure 120 square feet or larger which is intended to be used by 10 or more persons. The permit application shall be accompanied by a fee of $50 and such plans and specifications as outlined in the "Specifications for Tents and Air Supported Structures," adopted by the Bureau of Fire Prevention and on file in the Bureau of Fire Prevention Office.
b. 
A permit is required for all stationary tanks, above-ground or underground for the storage of flammable or combustible liquids or for placing any flammable or combustible liquid stationary tank temporarily or permanently out of service and to place the tank back into service. The permit application shall be accompanied by a fee of $50.
c. 
1. 
The owner of a business or occupancy required to be inspected under the Uniform Fire Code shall apply annually to the local enforcement agency for a certificate of registration required from the Fire Official. It shall be a violation of this chapter for an owner to fail to return such forms to the local enforcement agency and/or Fire Official within 30 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution process or any other method, the new owner shall file with the local enforcement agency an application for a certificate of registration, pursuant to this subsection, after notification by the local enforcement agency and/or Fire Official.
2. 
The owner of a building, structure or premises required to be inspected under the Uniform Fire Code shall apply annually to the local enforcement agency for a certificate of registration required from the Fire Official. It shall be a violation of this chapter for an owner to fail to return such forms to the local enforcement agency and/or Fire Official within 30 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution process or any other method, the new owner shall file with the local enforcement agency an application for a certificate of registration, pursuant to this subsection, after notification by the local enforcement agency and/or Fire Official.
d. 
The application shall be accompanied by a fee in accordance with the following schedule:
1. 
Business occupancies, buildings or structures up to 250 square feet of occupied space: $30.
2. 
Business occupancies, buildings or structures between 251 square feet and 999 square feet of occupied space: $50.
3. 
Business occupancies, buildings or structures between 1,000 square feet and 4,999 square feet of occupied space: $80.
4. 
Business occupancies, buildings or structures between 5,000 square feet and 9,999 square feet of occupied space: $130.
5. 
Business occupancies, buildings or structures between 10,000 square feet and 14,999 square feet of occupied space: $250.
6. 
Business occupancies, buildings or structures in excess of 15,000 square feet of occupied space or greater: $370.
7. 
All multiple-family dwellings of Use Group R-2 as defined in the New Jersey Uniform Construction Code:
(a) 
Each yearly inspection of the common areas: $25 per floor.
(b) 
Each dwelling unit: $15.
Exception: Life Hazard Use Occupancies shall not be required to pay the local registration fees.
[1969 Code § 25-9; Ord. No. 863; Ord. No. 2000-13 § 2; Ord. No. 2002-04 §§ 5, 6; Ord. No. 2004-11 §§ 2,4; Ord. No. 2009-13 § 3; Ord. No. 2013-02 § 1]
The following technical amendments shall be added to the State Fire Prevention Code, N.J.A.C. 5:70-3:
a. 
Section 315 shall read as follows:
315.3.3 Dumpsters: Garbage containers, known as "dumpsters" shall not be located within 15 feet of any building or structure. In the event of a hardship or other extenuating circumstances, relief from this requirement may be obtained by variance request pursuant to N.J.A.C. 5:70-2.14 One or more of the following circumstances may be considered as a basis for relief:
1. 
Narrowness of distance between the property lines and building.
2. 
Parking needs.
3. 
Traffic flow.
4. 
Type of dumpster construction.
5. 
Fire safety considerations.
b. 
Section 901 General shall read as follows:
901.7.7 Required Firewatch: It shall be the responsibility of the owner or person in charge of a premises in or upon which operation of the sprinkler protection has been interrupted to diligently restore protection. The officer-in-charge of the Fairfield Fire Department or the Fire Official may, in accordance with NFPA Standard 13E 1995 edition and generally recognized safety practice, require a qualified person to stand firewatch when the sprinkler protection cannot be immediately restored. The watchman must be a Firefighter. In the event that it is determined by the Fire Official that a firewatch is required, the owner of the property shall be notified. The Fire Official shall assign a firewatch who shall be paid in accordance with the prevailing payment directive issued by the Chief of Police for the private employment of Police Officers by private individuals. In all cases, the fire watchman shall be paid directly by the owner or his representative and shall act as an agent of the owner. Failure to reimburse any watchman provided by the Township, in accordance with this section, shall be a violation of this section. The firewatch shall continue until the protection is restored or until a determination is made by the Fire Official that any imminent hazard has ceased. The watchman shall make a detailed report of his observation and activities to the Bureau of Fire Prevention. All watchmen shall be familiar with notification procedures to the Fire Department, as well as the location of control valves and their operation.
c. 
Section 511 Fire Alarms- shall read as follows:
1. 
511.1 Response to Fire Alarms. Upon the activation of a fire alarm or other fire emergency in any structure other than a one- and two-family dwelling, the owner, tenant, occupant, or their designated representative shall respond to the structure in order to reset the alarm system. The designated representative shall respond to the structure within 30 minutes.
2. 
511.2 Evacuation of Premises. When a fire alarm occurs in any building, structure or premises containing a fire alarm or fire protection system, except those included in Use Group R-3 and 1-2 as defined in the Uniform Fire Code, the occupants will be notified and once so notified shall immediately leave the structure or premises. Once notified, no persons shall enter or re-enter, until authorized to do so by the Fire Chief, Fire Official or his representative.
Any person who refuses to leave, interferes with the evacuation of other occupants or continues any operation after having been given an evacuation order, except such work as that person is allowed to perform, shall be deemed in violation of the New Jersey Uniform Fire Code and be subject to a penalty and/or arrest as provided therein.
The Fire Chief or his representative shall certify in writing to the Chief/Fire Official any violation of the above prior to the issuance of any notice of violation or penalty. The certification shall include the name of any occupant who failed to evacuate and the date and time of occurrence.
3. 
511.3 False Alarms: The provision of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon fire departments to any location in response to any type of alarm signal. This section shall not apply to municipal owned property or Fairfield Board of Education owned property. For purposes of this section, false alarm shall mean the actuation of a fire alarm device of any type to which an investigation fails to reveal a cause of the nature or the type to which the alarm device was designated or intended to react.
4. 
511.4 In Case of False Fire Alarm: The Fire Chief, or designated representative, shall notify the Chief/Fire Official who shall issue the appropriate penalty.
5. 
511.5 Owner: The owner shall take all necessary steps to ascertain immediately the cause of any false alarm and shall alleviate the problem. Failure by the owner to take reasonable precautions to avoid false alarms shall be deemed to be in violation of the Uniform Fire Code.
6. 
511.6 Testing: Testing of alarms required by the Uniform Fire Code without prior notice to the Police Department and the Chief/Fire Official shall be in violation of the Uniform Fire Code, and a maxim penalty of $500 shall be issued.
7. 
511.7 Penalties: The following penalties shall apply to false alarms:
i. 
First Alarm for calendar year a violation notice shall be issued.
ii. 
Second Alarm a penalty of $50.
iii. 
Third Alarm a penalty of $100.
iv. 
Fourth Alarm a penalty of $150.
v. 
Fifth Alarm a penalty of $200.
vi. 
Sixth Alarm a penalty of $250.
vii. 
All other Alarms will increase by $50 each.
d. 
Section 3801 shall read as follows:
3803.4 Anchoring: All stationary liquefied petroleum gas tanks shall be anchored in accordance with the requirements of NFPA 58, 1998 edition where required by the Fire Official to protect against flotation. Existing installations may be permitted by the Fire Official.
[Ord. No. 92-24 § 1; Ord. No. 2000-13 § 2; Ord. No. 2004-11 § 5]
Pursuant to the New Jersey Uniform Fire Code N.J.A.C. 5:70-2.3, smoke detectors and carbon monoxide alarms are required in all one and two family dwellings upon resale or other change in occupancy. There shall be a fee of $50 for a certificate of smoke detector compliance by the Bureau of Fire Prevention, if the inspection is requested two or more weeks before the date set for resale or change in occupancy, a fee of $75 if the inspection is requested less than two weeks of the date set for resale or change in occupancy, and a fee of $125 if the inspection is requested within 24 hours of the date set for resale or change in occupancy.
[1969 Code § 57B-1; Ord. No. 865; Ord. No. 2000-13 § 2]
Every single-family and two- family dwelling in the Township of Fairfield shall be equipped with automatic smoke detectors, as provided in accordance with N.J.A.C. 5:71-2.3. This provision shall be in effect for all dwellings, regardless of the applicable Code requirements in force at the time of construction.
[1969 Code § 57B-2; Ord. No. 865; Ord. No. 2000-13 § 2]
One- and two- family dwellings constructed in compliance with the New Jersey Uniform Construction Code and having properly maintained automatic smoke detectors in accordance with that Code shall be exempt from the requirements of this section. In no case shall existing levels of protection be reduced below those specified in the Uniform Construction Code in dwellings built under that Code.
[1969 Code § 57B-3; Ord. No. 865; Ord. No. 2000-13 § 2]
Each dwelling unit shall be provided with a minimum of one approved automatic smoke detector, installed on each level of the residence, including the basement and in the primary sleeping area as approved by the Building Department or the Bureau of Fire Prevention. When actuated, the detector shall provide an alarm suitable to warn the occupants within the dwelling unit. The detectors may be the single-station, battery-operated type in dwelling retrofitting under this section. Replacement installations in dwellings built under the Uniform Construction Code must be made in accordance with that Code.
[1969 Code § 57B-4; Ord. No. 865; Ord. No. 2000-13 § 2]
a. 
Owners of one- or two- family dwellings within the Township of Fairfield shall complete and return a Smoke Detector Ordinance compliance card as provided by the Township. The card shall be signed by the owner or his designee stating the status of the subject property with respect to smoke detector requirements. Willful misstatements or failure to return the card shall be a violation of this section.
b. 
The Bureau of Fire Prevention, upon request shall carry out inspection for compliance with this section by the owner or occupant and by any other Code Enforcement Officials of the Township of Fairfield during the discharge of their official duties.
[1969 Code § 57B-5; Ord. No. 865; Ord. No. 2000-13 § 2]
All automatic smoke detectors installed in accordance with this section or any other Code or regulation shall be maintained operable at all times.
[1969 Code § 25-36; Ord. No. 864; Ord. No. 2000-13 § 2]
The use of unvented combustible heaters is prohibited in all residential dwellings within the Township of Fairfield.
[1969 Code § 25-37; Ord. No. 864; Ord. No. 2000-13 § 2]
Devices held or used in violation of this section may be confiscated by Bureau of Fire Prevention officials, line officers of the Fairfield Fire Department, Police Officers or Code Enforcement officials in the discharge of their duties. Confiscated heaters may be returned to their owners after June 1 following their confiscation upon payment by the owner of a storage fee of $50 to the Township of Fairfield.
[1969 Code § 25-25; Ord. No. 475; Ord. No. 2000-13 § 2]
It is hereby determined that the operation and parking of motor vehicles in close proximity to buildings devoted to public uses, including shopping centers, restaurants, schools, public buildings, churches, retail and wholesale establishments, and similar uses, constitute a danger to public health, safety and welfare in that the approach, operation and departure of fire equipment and other emergency vehicles are impeded by such operation and parking of motor vehicles.
[1969 Code § 25-26; Ord. No. 475; Ord. No. 2000-13 § 2; Ord. No. 2002-04 §§ 1, 7]
The Fire Official is authorized, by the Uniform Fire Code N.J.A.C. 5:70-3.1(a)3,F-311.0, to establish fire lanes on properties in the Township of Fairfield devoted to public uses, including but not limited to, shopping centers, restaurants, retail and wholesale establishments, schools, public buildings, churches and similar uses, where the operation and parking of motor vehicles in close proximity to buildings located on such properties would prevent adequate ingress, egress and operation of fire equipment and other emergency vehicles.
[1969 Code § 25-27; Ord. No. 475; Ord. No. 2000-13 § 2; Ord. No. 2008-08 § 2]
The fire lanes to be established pursuant to the Uniform Fire Code, N.J.A.C. 5:70-3.1(a)3, F-311.0 shall be designed in such areas of such public properties as will insure fire equipment and other emergency vehicles unobstructed means of ingress, egress and operation to the properties in the event of fire or other emergency.
[1969 Code § 25-28; Ord. No. 475; Ord. No. 2000-13 § 2; Ord. No. 2004-11 § 2; Ord. No. 2013-02 § 1]
The number, location, width, length and marking of fire lanes shall be determined by the Fire Official in accordance with the Uniform Fire Code, N.J.A.C. 5:70-3.1(a)3, F-311.0. Such determination shall be based upon the size, type of construction and location of the building or buildings involved; the use to which the property, building or buildings is put; the number of motor vehicles operated or parked upon the property; the number of persons using and occupying the property, building or buildings; the existing means of ingress and egress to and from the property, building or buildings; the total area of the property, including the size of the parking lot; and all other factors which are relevant to the public health, safety and welfare of the inhabitants of the Township of Fairfield.
[1969 Code § 25-29; Ord. No. 475; Ord. No. 2000-13 § 2]
The Fairfield Bureau of Fire Prevention and Fire Department is further authorized to promulgate regulations limiting, restricting or prohibiting the operation or parking of motor vehicles within the Fire Lanes authorized to be established pursuant to subsection 14-4.2.
[1969 Code § 25-30; Ord. No. 760; Ord. No. 2000-13 § 2]
It shall be unlawful for any person to park or leave standing any vehicle on lands, whether publicly or privately owned, in the Township after notice has been posted, as hereinafter provided, by the owner, occupant, lessee or licensee prohibiting such parking.
[1969 Code § 25-31; Ord. No. 760; Ord. No. 2000-13 § 2; Ord. No. 2002-04 § 8; Ord. No. 2004-11 § 2; Ord. No. 2013-02 § 1]
SUITABLE SIGNS OR MARKINGS BEARING THE WORDS "NO PARKING
Fire Lane" shall be posted and marked and shall be properly maintained on the lands by the owner, occupant, lessee or licensee thereof where this section is effective and as are approved by the Fire Official. Defacing, tampering with or damaging such signs or allowing them to deteriorate so as to reduce their effectiveness to notify when posted shall constitute a violation of this section.
[1969 Code § 25-32; Ord. No. 760; Ord. No. 2000-13 § 2]
It shall be unlawful for any owner, occupant, lessee or licensee or person in control of a private parking lot to permit any person to park in any Fire Lane. The owner shall remove any vehicle so parked pursuant to N.J.A.C. 39:4-56.6. Failure to remove vehicles upon the order of any Police Officer, Fireman or other Township Official acting in his official capacity shall be in violation of this section.
[1969 Code § 25-33; Ord. No. 760; Ord. No. 2000-13 § 2]
In addition to any penalty provided for in this section or any other ordinance of the Township, whenever a Fire Lane is established for any subject premises, the Township Engineer, upon the direction of the Township Council, is hereby authorized and empowered to erect, replace, repair or maintain signs and markings on land within the Township, if, after 15 days have expired since the issuance of letters by certified mail from the Township Engineer addressed to the owner of record of the premises as shown on the last preceding assessment roll, such sign or markings are not so erected, replaced, repaired or maintained by or on behalf of the owner. All costs and expenses incurred by the Township in connection with any action hereinabove described shall be assessed against the land on which such Fire Lanes are located or collected in accordance with N.J.A.C. 2A:58-1 et seq. Any time a notice is sent pursuant to the provisions of this section, a copy of this section shall be attached to the notice.
[1969 Code § 25-34; Ord. No. 760; Ord. No. 998; Ord. No. 2000-13 § 2]
Any person who violates any provision of this section shall be liable, upon conviction thereof, to a fine not less than $35 nor exceeding the amount stated in Chapter 1, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1969 Code § 25-35; Ord. No. 760; Ord. No. 2000-13 § 2]
Township Police, Firemen, Code enforcement officials or other officers acting within their official capacity shall have the power to order removed any vehicle violating this section, and the owner of the vehicle shall be responsible for any towing fees incurred, as well as penalties for violation of this section.
[Ord. No. 96-11 § 1; Ord. No. 2000-13 § 2; Ord. No. 2004-11 § 2; Ord. No. 2013-02 § 1]
a. 
In buildings equipped with or required to be equipped with fire detection or fire suppression systems or equipment, the Fire Official shall require a key box to be purchased and installed at the expense of the owner or occupant of the structure, in an accessible location to be approved by the Fire Official.
b. 
The key box shall be of a type approved by the Fire Official and shall be installed in a manner approved by the Fire Official.
c. 
The key box shall contain the following items:
1. 
Updated keys necessary for access to all portions of the premises.
2. 
Keys to fire alarm control panels, keys necessary to operate or service fire alarm control panels and keys necessary to operate or service fire protection systems.
3. 
Electronic entry cards.
4. 
Elevator and emergency information.
5. 
Floor plans.
6. 
Hazardous material locations.
7. 
Any other pertinent information which may be needed in an emergency or as required by the Fire Official.
d. 
Access to key boxes shall be available only to authorized personnel and only by the master key. The master key shall be inaccessible until the dispatcher receives and verifies a request from authorized personnel and responds with a code signal to a decoder permitting access to the master key. By the close of business on the next business day following the opening of a key box, the Fire Official, or his designee, shall verify the replacement of the items listed in paragraph c herein with the owner or occupant of the premises.
e. 
The owner or occupant of the premises shall maintain the key box.
f. 
Any building owner or occupant who fails to install a key box thereby violating this section, after receiving due notice by the Fire Official, is guilty of a violation of this section and subject to a minimum fine of $100. Each and every day that the violation continues shall be considered a separate offense.