[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; amended 7-24-2023 by Ord. No. 2023-12]
The permit fees established by the Uniform Fire Code shall be
as follows:
|
Type 1
|
—
|
$54
|
|
Type 2
|
—
|
$214
|
|
Type 3
|
—
|
$427
|
|
Type 4
|
—
|
$641
|
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 $54
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 $54.
c.
1.
The owner of a business or occupancy required to be inspected under
the Uniform Fire Code shall apply 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 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 an annual fee in accordance
with the following schedule:
1.
Business occupancies, buildings or structures up to 250 square feet
of occupied space: $50.
2.
Business occupancies, buildings or structures between 251 square
feet and 999 square feet of occupied space: $70.
3.
Business occupancies, buildings or structures between 1,000 square
feet and 4,999 square feet of occupied space: $100.
4.
Business occupancies, buildings or structures between 5,000 square
feet and 9,999 square feet of occupied space: $150.
5.
Business occupancies, buildings or structures between 10,000 square
feet and 14,999 square feet of occupied space: $270.
6.
Business occupancies, buildings or structures in excess of 15,000
square feet of occupied space or greater: $390.
[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:
b.
Section 901 General shall read as follows:
901.7.7 Required Firewatch: If it is determined by the Fire
Official that a Firewatch is required, the owner or representative
of the property shall be notified. The Fire Official, may, in accordance
with NFPA Standard 13E and generally recognized safety practice, require
a qualified person to stand Firewatch. The watchperson approved by
the Fire Official shall be one of the following: a member of the Fairfield
Fire Prevention Bureau, a member of the Fairfield Fire Department,
or a person who holds a New Jersey Division of Fire Safety Firefighter
1 Certification. If, and only if, no member of the Fairfield Fire
Prevention Bureau or Fairfield Fire Department are available and no
one can be assigned that holds a New Jersey Division of Fire Safety
Firefighter 1 Certification, a competent individual who has no less
than one means of notification to the Fire Department shall be approved
to stand Fire Watch. All watch persons provided by the Township of
Fairfield shall be paid in accordance with the following payment directive:
Daytime (prior to 1800 hours), non-weekend - $90.00 per hour. After
8 hours, after 1800 hours, weekend (Saturday 00:01 hours — Sunday
24:00 hours) or any recognized federal holiday 00:01 hours —
24:00 hours) - $135.00 per hour. Township vehicles - $15 per hour.
The Township will be permitted to add a reasonable administrative
fee. Payment shall be received within 30 days of Invoice issuance.
Failure to reimburse the Township of Fairfield, in accordance with
this section, shall be a violation of this section and subject to
a penalty. All watchpersons shall be familiar with notification procedures
to the Fire Department, as well as the location of control valves
and their operation. 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. It shall be the responsibility
of the owner, person in charge of a premises or the impairment coordinator
in or upon which operation of the fire protection has been interrupted
to diligently restore protection.
[Amended 7-24-2023 by Ord. No. 2023-12]
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,
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.
[Amended 7-24-2023 by Ord. No. 2023-12]
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 Fairfield Fire Prevention Bureau/Fire
Official who shall issue the appropriate penalty.
[Amended 7-24-2023 by Ord. No. 2023-12]
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 Fire Alarm Monitoring Company, Fairfield
Police Department and the Fairfield Fire Prevention Bureau/Fire Official
shall be in violation of the Uniform Fire Code, and a maximum penalty
of $500 shall be issued.
[Amended 7-24-2023 by Ord. No. 2023-12]
7.
511.7 Penalties: The following penalties shall apply to false alarms:
[Amended 7-24-2023 by Ord. No. 2023-12]
d.
Section 3801 shall read as follows:
3803.4 Anchoring: All stationary liquefied petroleum gas tanks
and/or hazardous material retaining tanks shall be anchored in accordance
with the requirements of applicable NFPA codes and where required
by the Fire Official, at their discretion, to protect against flotation.
Existing installations may be permitted by the Fire Official
[Amended 7-24-2023 by Ord. No. 2023-12]
[Ord. No. 92-24 § 1; Ord. No. 2000-13 § 2; Ord. No. 2004-11 § 5; amended 4-24-2023 by Ord. No. 2023-07; 7-24-2023 by Ord. No. 2023-12]
Smoke detectors, carbon monoxide alarms and portable fire extinguishers
shall be installed in accordance with the New Jersey Uniform Fire
Code N.J.A.C. 5:70-4.19 in all residential occupancies and multiple-dwelling
units upon resale or other change in occupancy. There shall be a fee
of $70 for a certificate of smoke detector, carbon monoxide and portable
fire extinguisher compliance (CSDCMAPFEC) received more than 10 business
days prior to the change of occupancy. A $95 fee for a CSACMAPFEC
received four to 10 business days prior to the change of occupancy.
A $161 fee for a CSACMAPFEC received fewer than four business days
prior to the change of occupancy.
a.
A reinspection
fee of $50 per occurrence shall be enforced at the discretion of the
Fire Prevention Inspector/Fire Official when compliance with N.J.A.C.
5:70-4.19 are not met during the initial inspection as required in
N.J.A.C. 5:70-2.3.
[1969 Code § 57B-1; Ord. No. 865; Ord. No. 2000-13 § 2;
amended 4-24-2023 by Ord. No. 2023-07; 7-24-2023 by Ord. No. 2023-12]
All residential occupancies and multiple-dwelling units in the
Township of Fairfield shall be equipped with automatic smoke detectors.
This provision shall be in effect for all residential occupancies
and dwelling units, 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;
amended 4-24-2023 by Ord. No. 2023-07; 7-24-2023 by Ord. No. 2023-12]
All residential occupancies, dwellings and multiple-dwelling
units that are equipped with a monitored central station fire alarm
system that was approved and/or installed either at time of construction
or some point after, shall have all components, systems and devices
inspected and tested in accordance with NFPA 72 Table 14.4.3.2. Inspection/testing
reports shall be available to view at time of inspection and where
applicable, sent to the Fire Official annually.
[1969 Code § 57B-3; Ord. No. 865; Ord. No. 2000-13 § 2;
amended 7-24-2023 by Ord. No. 2023-12]
All residential occupancies and multiple-dwelling units shall
be required to have the correct number of approved automatic smoke
detectors installed in accordance with the New Jersey Uniform Fire
Code N.J.A.C. 5:70-4.19. This is to include each level of the residence,
outside of each separate sleeping area, the basement and within the
primary sleeping areas 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. All residential occupancies and multiple-dwellings
units shall be subjected to retrofit detection requirements depending
on age and structure alterations.
[1969 Code § 57B-4; Ord. No. 865; Ord. No. 2000-13 § 2;
amended 4-24-2023 by Ord. No. 2023-07; 7-24-2023 by Ord. No. 2023-12]
a.
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; amended 7-24-2023 by Ord. No. 2023-12]
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]
[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; amended 7-24-2023 by Ord. No. 2023-12]
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.
It shall
be the responsibility of the building, owner and/or tenant to notify
the Fairfield Fire Prevention Bureau when any locks and/or keys are
changed to ensure emergency access to all portions of the premises.
d.
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.
e.
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.
f.
The owner or occupant of the premises shall maintain the key box.
g.
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.
