Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 736, 889, 93-950, 96-1067, 97-1080, 98-1126, 2005-1385,
2006-1446, 2007-1457, 010-1567, 2016-1717 and 2016-1720.
[Ord. No. 2017-1736; amended 12-13-2021 by Ord. No.
2021-1904]
There is hereby adopted by the Borough of Bernardsville for
the purpose of prescribing minimum requirements and controls to safeguard
life, property and public welfare from the hazards of fire and explosion,
the New Jersey Uniform Fire Safety Act, ( P.L. c. 383), Uniform Fire
Code, including all subsequent revisions and amendments thereto, as
modified by N.J.A.C. 5:70-3.2. This shall be known as the "Local Fire
Prevention Code."
[Ord. No. 2017-1736; amended 12-13-2021 by Ord. No.
2021-1904]
The Local Fire Prevention Code shall be locally enforced in
the Borough of Bernardsville by the Bernards Township Bureau of Fire
Prevention, as set forth in the mutually executed shared service agreement
between the Township of Bernards and the Borough of Bernardsville,
effective November 1, 2020. Per the shared service agreement, the
Bureau of Fire Prevention will be governed by the Township of Bernards
as the local enforcing agency.
[Ord. No. 2017-1736; amended 12-13-2021 by Ord. No.
2021-1904]
Copies of the aforementioned Code shall be filed in the office
of the Borough Clerk.
[Ord. No. 2017-1736; amended 12-13-2021 by Ord. No.
2021-1904]
For the purpose of this Chapter, the following words shall have
the definitions as set forth hereinafter.
Shall mean the person working under the direction of the
Fire Official who is certified by the Commissioner of the Department
of Community Affairs and appointed or designated to enforce the Local
Fire Prevention Code by the Township of Bernards under its shared
services agreement with the Borough of Bernardsville.
Shall mean the person certified by the Commissioner of the
Department of Community Affairs and appointed or designated to direct
the enforcement of the Local Fire Prevention Code by the Township
of Bernards under its shared services agreement with the Borough of
Bernardsville. This term shall also include Fire Marshal where the
Fire Official has been appointed pursuant to N.J.A.C. 5:71-3.2.
Shall mean the Bernards Township Bureau of Fire Prevention established pursuant to Section 14-2 of the Revised General Ordinances of the Township of Bernards, as amended from time-to-time by the Township Committee of the Township of Bernards.
[Ord. No. 2017-1736; amended 12-13-2021 by Ord. No.
2021-1904]
The Borough Fire Prevention Committee is hereby established
and shall consist of five members. Three of the members of the Borough
Fire Prevention Committee shall be selected by the Bernardsville Fire
Company from among its members, and one of whom shall be the Chief.
The remaining two members plus one alternate shall be selected by
the Mayor and Council, but need not hold membership in the Fire Company.
The terms of all members first appointed under this Chapter shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed evenly over the first two years
after their appointments; provided that the initial term of no member
shall exceed two years. Thereafter, the term of each such member shall
be two years. If a vacancy shall occur otherwise than by expiration
of the term, it shall be filled by appointment, as above provided,
for the unexpired term. All terms shall commence on January 1. The
Chairman of the Borough Fire Prevention Committee shall be elected
from among its members annually.
[Ord. No. 2017-1736]
The Local Enforcing Agency shall carry out periodic inspections
of Life Hazard Uses required by the Uniform Fire Code on behalf of
the Commissioner of Community Affairs.
In accordance with the provisions of N.J.A.C. 5:70-2.6, the
Fire Prevention Bureau shall make a survey of all buildings or uses
within the Borough considered to be Life Hazard Uses. The Bureau shall
insure that the owners of all Life Hazard Uses file with the Commissioner,
upon forms provided by the Commissioner, appropriate application and
certificate of registration. Fees shall be collected in accordance
with the provisions of N.J.A.C. 5:71-2.6.
[Ord. No. 2017-1736]
All non-Life Hazard Use businesses and multi-family housing that have common and/or assembly areas, and/or central fire alarm systems or fire protection systems, shall register with the Fire Prevention Bureau. All such uses and the common areas (but not the individual dwelling units) of multi-family housing shall be inspected once per year and pay an annual registration fee as specified in Section 15-8 of this chapter. Multi-family housing without common areas, but which has central fire alarm systems and/or fire protection systems shall register with the Fire Prevention Bureau and shall provide annual inspection reports of such systems to the LEA annually.
[Ord. No. 2017-1736; amended 12-28-2020 by Ord. No.
2020-1869]
a.
The owners/tenants of all businesses, occupancies, buildings, structures, or premises required to be inspected under Section 15-3 and determined not to be Life Hazard Uses that are registered with the New Jersey Division of Fire Safety, shall register with the Fire Prevention Bureau upon forms provided by it for that purpose. It shall be deemed a violation of this section for an owner/tenant to fail to return such forms to the Fire Prevention Bureau within 15 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 owners/tenants shall immediately notify the Fire Prevention Bureau of the new ownership/tenancy and shall register with it.
Annual Registration Fee:
1.
Business occupancies, buildings, or other structures subject to this
chapter up to 500 square feet of occupiable space: $50.
2.
Business occupancies, buildings, or other structures subject to this
chapter between 501 square feet and 1,000 square feet of occupiable
space: $75.
3.
Business occupancies, buildings, or other structures subject to this
chapter between 1,001 square feet and 3,500 square feet of occupiable
space: $150.
4.
Business occupancies, buildings, or other structures subject to this
chapter between 3,501 square feet and 10,000 square feet of occupiable
space: $300.
5.
Business occupancies, buildings, or other structures subject to this
chapter between 10,001 square feet and 30,000 square feet of occupiable
space: $500.
6.
Business occupancies, buildings, or other structures subject to this
chapter over 30,001 square feet of occupiable space: $800.
7.
All multiple family buildings which have interior common areas: $100.
8.
All commercial farms as defined in the New Jersey Uniform Construction
Code: $50.
9.
All Owners of multi-tenant commercial buildings, condominiums or
residential apartment complexes, where the Owner is responsible for
common and assembly areas, fire alarm systems, fire protection systems,
and/or alarms, elevators, mechanical and electrical equipment rooms:
$100.
b.
All Tax Exempt Properties shall be exempt from the annual registration
fee but are required to submit registration forms to the Local Enforcing
Agency and/or Fire Marshal within 30 days or be in violation of this
chapter.
c.
The Fire Prevention Bureau shall be responsible for the collection
of fees and shall remit them promptly to the Treasurer of the Borough
of Bernardsville within the time period as provided by law.
[Ord. No. 2017-1736]
a.
Response to Fire Alarms. Upon activation of a fire alarm in any structure
other than one or two family dwellings, the owner, tenant, occupant
or designated representative shall respond to the structure within
30 minutes of notification.
b.
Evacuation of Premises. When a fire alarm activates in any building,
structure, or premises, the occupants shall immediately leave the
structure or premises. Once evacuated, no persons shall enter or re-enter;
until authorized to do so by the Fire Chief or his representative.
Any person who refuses to evacuate, or interferes with the evacuation
of other occupants after having been given an evacuation order, shall
be deemed in violation this section.
c.
False Fire Alarms. The provisions of this section shall apply to
any person who operates, maintains or owns any alarm device designed
to summon the Fire Departments to any location in response to any
type of alarm signal. "False alarm" shall mean the activation of a
fire alarm device of any type to which the Fire Department must respond,
and for which an investigation fails to reveal a cause of the nature
or type to for which the alarm device was designed or intended to
react.
1.
In the case of a false alarm, the Fire Chief or his authorized representative
shall notify the Fire Marshal who shall issue the appropriate warning
letter and/or penalty.
2.
The owner of the structure or premises in which a false alarm has
occurred shall have all necessary repairs and/or modifications made
to the alarm to avoid future false activations. All such repairs and/or
modifications shall be performed by a New Jersey-licensed alarm contractor.
The owner of the premises shall forward a copy of the repair/modification
report to the Fire Marshal within 30 days after completion of the
work.
3.
Notification of any disruption in service of any fire alarm or fire
protection system, whether monitored or not, excluding one or two
family residential, for the purpose of testing or repairs shall be
made to Fire Marshal and the Police Department.
d.
False Alarm Penalties. The owner of any alarm device shall pay a
penalty of $50 for the first false alarm in excess of one within any
one calendar year January 1 through December 31. Thereafter a penalty
shall be imposed for any subsequent false fire alarms within the same
calendar year. The charge is to be determined by the total number
of false alarms within the same calendar year preceding the present
false alarm and in accordance with the following schedule:
|
Residential
|
Commercial
| |
|---|---|---|
|
2nd
|
$50
|
$50
|
|
3rd
|
$75
|
$100
|
|
4th
|
$100
|
$150
|
|
5th
|
$125
|
$200
|
|
6th
|
$150
|
$250
|
|
7th
|
$175
|
$300
|
|
8th
|
$200
|
$350
|
|
9th
|
$225
|
$400
|
|
10th
|
$275/incident
|
$575/incident
|
1.
A failure to pay penalty within 30 days of billing shall constitute
a violation and a summons will be issued to appear in Municipal Court.
[Ord. No. 2017-1736]
Key access for emergency services is required in accordance with Section 3-19 of the Borough Code.
[Ord. No. 2017-1736]
All rear doors to stores in shopping centers shall be marked
with the tenant name and/or unit number of the store. All numbers
and/or letters shall be at least two inches in height and be reflective.
[Ord. No. 2017-1736]
All areas in which hazardous chemicals are stored, or used,
which are defined in Subchapter 3 of N.J.A.C. 5:70 shall be marked
in accordance with NFPA 704 Systems as determined by the Fire Marshal
or Fire Chief.
[Ord. No. 2017-1736]
a.
All fire hydrants on private property shall be equipped with a four-foot
high metal reflective pole attached to the 2 1/2 inch discharge
to enable identification of the hydrant when covered by snow. Fire
Department access to the hydrant shall be maintained at all times.
b.
Any fire hydrant located on a construction site shall be operational
before any structural work is begun on the site.
[Ord. No. 2017-1736]
a.
Fire Department sprinkler and standpipe connections (FDCs) shall
be identified with a sign as detailed below:
1.
The signs shall be installed at a minimum height of four feet and
a maximum height of seven feet.
2.
The signs shall read "Fire Dept. Conn." or "FDC" and shall be in
red letters on white background and shall be reflective.
3.
The lettering on the sign shall be a minimum of four inches in height.
4.
The signs shall be 12 inches by 18 inches in size and be installed
within five feet of the connection.
[Ord. No. 2017-1736]
a.
All structures used or intended for use for residential purposes
shall have smoke detectors and carbon monoxide alarms on each level
of the structure and outside each separate sleeping area in the immediate
vicinity of the bedrooms and one portable fire extinguisher, in accordance
with the provisions of N.J.S.A. 52:27D-198.1, N.J.S.A. 52:27D-198.2
and N.J.A.C. 5:70-4.19(d).
b.
All multiple-family buildings with interior common areas shall have
central station-monitored smoke detectors in all interior common areas
(basements, hallways, stairways, parking garages and attics). Heat
detectors may be utilized instead of smoke detectors in parking garages.
c.
Before any such structure is sold, leased, or otherwise made subject
to change of occupancy for residential purposes, the owner shall obtain
from the Fire Marshal a Certificate of Smoke Detector/Carbon Monoxide/Fire
Extinguisher Compliance evidencing compliance with N.J.S.A. 52:27D-198.1,
N.J.S.A. 52:27D-198.2 and N.J.A.C. 5:70-2.3 and 4.19(d). The Fire
Marshall may accept, in lieu of inspection, a certification that one
or more smoke alarms and carbon monoxide alarms, as applicable, have
been installed and tested in accordance with N.J.A.C. 5: 70- 4. 19.
Such certification shall be upon forms provided by the Fire Marshall. In
those cases where a certificate of rental housing compliance is required
pursuant to subsection 11-2.5 of the Borough Code, such certificate
shall not be required; provided, however, that the Borough Housing
Inspector shall not issue a certificate of rental housing compliance
until it has determined that the dwelling complies with the requirements
of N.J.S.A. 52:27D-198.1, N.J.S.A. 52:27D-198.2 and N.J.A.C. 5:70-2.3
and 4.19(d).
[Amended 2-27-2023 by Ord. No. 2023-1956]
d.
Carbon monoxide detectors are required to be provided in the immediate
vicinity of all sleeping rooms of Use Groups 1-1, R-1, R-2, R-3, and
R-4 that contain fuel burning appliances or have attached garages.
e.
Applications for inspections must be made at least seven business
days in advance of the inspection. Such applications shall be made
in-person at the Borough Construction Office. The fee for the inspection
shall be $50, which shall be paid at the time of application. Inspections
scheduled with less than seven business days' notice shall be $125.
Re-inspections (if necessary) requires a new application and payment
of fee.
In multiple dwelling buildings, and on properties with more
than one building, the fee shall be charged per unit and/or per building.
The replacement certificate fee if the original is lost or misplaced
is $25.
f.
Any owner who sells, leases, rents, or otherwise permits to be occupied
for residential purposes any premises subject to the provisions of
this section when the premises do not comply with the requirements
of paragraph b above shall be subject to a fine of not more than $500,
which shall be collected and enforced by the Fire Prevention Bureau
as defined in subsection g of P.L. 1983, C 383 (C.52:27D-133.3) by
summary proceedings pursuant to the penalty enforcement law, N.J.S.A.
2A:58-1 et seq.
[Ord. No. 2017-1736]
The following uses shall be exempt from local registration,
permit, and smoke detector fees, however they shall be required to
properly apply for the above and comply with the code requirements:
[Ord. No. 2017-1736]
a.
Requirements, Designation. The Fire Marshal may require and designate
public and private fire lanes as deemed necessary for the efficient
and effective use of fire apparatus, access or firefighting or egress
of occupants.
b.
Markings. The owner shall, within 30 days of being given notice to
do so by the Fire Marshal, mark lane(s) as follows:
1.
Signs constructed of metal 12 inches by 18 inches with red lettering
on white background which is reflective, lettering size shall be a
minimum of two inches in height, with wording "No Parking Anytime"
shall be posted.
2.
Spacing of signs shall be even, with a minimum of one sign for every
100 feet of fire lane or part thereof, or as ordered by the Fire Marshal.
3.
The area of the fire lane on improved areas shall be delineated along
its entire circumference with yellow lines four inches in width. Within
the yellow lines shall be marked "No Parking Fire Zone" in yellow
letters 18 inches in height. The number of times this wording is to
be repeated shall be at the discretion of the Fire Marshal. This inside
of the fire lane shall be further marked with diagonal striping, yellow
in color and four inches in width, spaced at intervals of five feet.
If the designated lane abuts a curb, the curbing shall be yellow in
color where it abuts the fire lane.
c.
Size. Fire lanes for vehicle access shall be a minimum of 18 feet
in width. Fire lanes for egress of occupants shall be a minimum of
at least the width of the exit way served.
d.
Notification. Once the fire lane has been designated by the Fire
Marshal and properly marked by the owner of the premises, the Fire
Marshal shall notify the Police Department and Municipal Court Clerk
in writing of the existence and location of the designated fire lane.
e.
Unpaved Areas. Unpaved fire lanes installed on public or private
property shall comply with the Fire Lane Typical Details Installation
methods blueprints available from the Borough Engineering Department
and be approved by the Fire Marshal. Selection of a method to be used
as per the typical details shall be subject to approval of the Fire
Marshal including signs and markings.
f.
Restricted Access. Gates, chains or other methods utilized to prevent
unauthorized access to fire lanes shall be approved by the Fire Marshal
prior to installation.
[Ord. No. 2017-1736]
Any individual who violates the terms of this chapter may be subject to fines and penalties in accordance with the penalties set out in the Uniform Fire Code, the regulations promulgated by the Department of Community Affairs, and as provided by the Revised General Ordinances of the Borough of Bernardsville. In addition, any individual, corporation or other entity who violates the terms of this section shall upon conviction be liable to the penalties stated in Chapter 1, Section 1-5 of this Code.
[Ord. No. 2017-1737]
a.
Open Air Burning:
1.
Open air burning is prohibited within the Borough of Bernardsville
unless in conformance with the regulations and standards established
herein.
2.
Except as provided in paragraph b, below, it shall be unlawful for
any person, organization or entity to:
(a)
Burn, attempt to burn, or permit the burning of any wood, leaves,
debris, branches, brush, grass, refuse, paper, cardboard, garbage,
waste, rubbish, or liquid, or;
(b)
Use open-flame decorative devices such as torches, combustible
bags containing an open flame (such as luminaries), or elevated combustible
containers (such as kites) containing an open flame on any lot, woods,
field, street, alley, private open lands, public lands or grounds
unless written permits to do so have been first obtained from the
New Jersey Forest Fire Service and the Bernardsville Fire Prevention
Bureau.
b.
Exceptions to Open Air Burning Prohibition:
1.
Outdoor fires utilized solely for cooking on privately-owned residential
properties are allowed without a permit when contained in a movable
commercially-manufactured metal grill or other similar device intended
for such use, and such device is a minimum of five feet from combustible
construction. Only fuels specifically approved for cooking by the
manufacturer of the device shall be used.
2.
Outdoor fires utilized for recreational purposes on privately-owned
residential properties are allowed without a permit when either contained
in an elevated commercially-manufactured device designed for such
purpose and utilized strictly in accordance with the manufacturer's
requirements or, alternatively, in a properly-constructed fire pit
or fireplace consisting of noncombustible stone, cement, brick, tile
or metal, subject to the following restrictions and requirements:
(a)
Fire pits shall not have horizontal dimensions greater than
three feet by three feet.
(b)
Fires in moveable commercially-manufactured devices (other than
barbecue grills) must be a minimum of 15 feet from combustible construction,
materials and/or vegetation.
(c)
Fires in constructed fire pits or fireplaces (constructed after
the effective date of this Ordinance No. 2017-1737, Adopted April
10, 2007) - must be a minimum of 25 feet from combustible construction,
materials and/or vegetation.
(d)
Fire pits and fireplaces shall be constructed so as to safely
contain fire and prevent its spread outside of the pit or fireplace.
(e)
Fire pits shall be excavated to the depth of the mineral soil.
(f)
Fire pits, fireplaces and manufactured devices shall be set
back not less than 10 feet from the nearest neighboring lot line.
(g)
A fully-functioning fire extinguisher with a minimum UL rating
of 4A, or other approved on-site fire-extinguishing equipment (such
as dirt, sand, water barrel, garden hose or water truck) must be available
for fire extinguishment purposes during any outside burning.
(h)
Fireplaces shall be constructed in accordance with all applicable
local, State and/or Federal statutes, ordinances, permits, regulations
and construction codes. If any provision of this chapter differs from
a provision of any other applicable law, ordinance, rule or regulation,
both the provision of this chapter and the differing provision shall
apply if possible. If the two provisions are in conflict, then the
provision establishing the higher or stricter standard shall apply.
3.
Open-Flame Decorative Devices: Open-flame decorative devices such
as torches and combustible bags containing an open flame are permitted
on privately-owned residential properties without a permit only when
meeting the requirements and/or limitations of N.J.A.C. 5:70-3, Section
308.3.2 through 308.3.4.
(a)
Candle luminaries:
A "candle luminary" is a lantern consisting of a candle inside
of a paper bag or other holder.
Candle luminaries are allowed without a permit provided they
comply with the following:
(1)
Paper bags or other holders must be filled with sand or other
weighted non-flammable material so as not to blow away or tip over.
(2)
Candles may not exceed 1/2 inch in height or 1 1/2 inches
in diameter.
(3)
An area at least 18 inches in diameter around the luminary must
be cleared of all flammable material, including leaves and vegetation.
(4)
Lighted luminaries must be supervised by a competent adult at
all times when children and pets are present, and when alcohol is
being served.
(5)
Luminaries are prohibited inside any dwelling, structure, or
tent.
(6)
Luminaries may not be placed on any flammable surface.
(7)
Luminaries must be at least three feet away from dwellings,
structures, tents, flammable materials and planting beds
(8)
Luminaries must be extinguished at the end of the event
5.
Permitted Fuel: Only firewood and untreated lumber are permitted
to be burned. Burning of any and all other materials, including but
not limited to garbage, rubber, plastics, charcoal and yard waste
at any location within the Borough is prohibited.
6.
Flames from any fire addressed by this chapter may not exceed two
feet in height at any time. If sparks, embers or sustained smoke blow
into a neighboring dwelling or property, said fire must be extinguished
immediately.
7.
The Fire Marshal and/or Fire Chief are authorized to require that
any outdoor fire be immediately extinguished if he or she determines
that said fire constitutes a hazardous condition, including an air
quality hazard.
9.
All outdoor fires must be attended at all times by a competent adult
owner or legal resident of the property from the time said fire is
commenced through the time said fire is completely extinguished.
10.
Wildfire Danger Level: Regardless of whether open burning is permitted
by this chapter, or whether a permit has been issued, no open burning
of any kind shall take place when the New Jersey Forest Fire Service
has issued a Fire Danger Warning of High, Very High or Extreme, or
if the National Weather Service has issued a "Red Flag" warning. It
shall be the joint responsibility of the person conducting the open
burning and the property owner (if different) to ascertain the current
Wildfire Danger Level, or the existence of a Red Flag warning, prior
to initiating a fire.
c.
Permit Process:
1.
A written permit shall be obtained for all open burning not specifically
allowed by paragraph b of this section.
2.
Application for a permit shall be made to the Bureau of Fire Prevention
at least 14 business days prior to the date requested and shall include:
(a)
Applicant's name, address and contact information.
(b)
Property address and owner information, if different.
(c)
Type of open air burning requested, as well as the date and
time of the burning.
(d)
Description of the materials to be burned.
(e)
Description of emergency procedures in place.
(f)
Submittal of $50 permit fee, payable to the Bernardsville Fire
Prevention Bureau.
(g)
A copy of the New Jersey Forest Fire Service Permit issued for
the date requested.
3.
The Fire Prevention Bureau shall provide preprinted application forms
which shall be available to applicants.
4.
Permits shall be valid for 120 days from the date of issuance.
5.
Conditions and requirements may be placed on permits issued by the
Fire Prevention Bureau.
6.
Revocation or Suspension of Permit: A permit issued pursuant to this
section may be suspended or revoked at any time by the Fire Marshal.
d.
Enforcement, Violations and Penalties:
1.
This section shall be enforced by the Bernardsville Fire Prevention
Bureau.
2.
The Bernardsville Fire Marshal and his designees are hereby authorized
and directed to enter upon private and public lands for purposes of
investigating and enforcing this section whenever there are reasonable
grounds to believe that there has been a violation of any provision
of this section. This section does not convey any right or authority
to enter any dwelling or building.
3.
Whenever the Fire Marshal determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
section, he is authorized, at his option, to issue a Summons to appear
in Municipal Court to the party(ies) responsible for the burning,
and also to the owner of the property on which the burning took place.
4.
Any individual, organization or entity who violates the terms of
this section may be subject to fines and penalties not to exceed $500
per violation, per day.
6.
Property Owner Not Present During Violation: The owner of a property
upon which a violation of this section takes place shall be subject
to the same fines and penalties as the person(s) conducting the burning,
even if that owner was not present, if that owner knew, or should
reasonably have known, that the burning was being conducted and failed
to prevent it.
e.
Effect of Other Laws and Regulations:
1.
Nothing contained herein shall authorize or allow burning which is
prohibited by codes, laws, rules or regulations promulgated by the
United States Environmental Protection Agency, New Jersey Department
of Environmental Protection, the New Jersey Forest Fire Service, the
New Jersey Uniform Fire Code, New Jersey Uniform Construction Code,
or other Federal, State, regional or local agencies or codes.
2.
Indoor and outdoor burning devices shall be installed, operated and
maintained in conformity with the manufacturer's specifications and
any and all local, State and Federal codes, law, rules and regulations.
3.
In case of any conflict between any provisions of this section and
any applicable Federal, State or local ordinances, codes, laws, rules
or regulations, the more restrictive or stringent provision or requirement
shall prevail.
