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. The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose. It is in the best interest of the Borough to have the Uniform Fire Safety Act enforced locally. The Fire Department has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Safety Code.
[Ord. No. 613 § 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 Borough.
[Ord. No. 613 § 1; Ord. No. 658 § 1]
The local enforcing agency shall be the Bureau of Fire Prevention. Members of the Bureau of Fire Prevention may serve with compensation as fixed by salary ordinance.
[Ord. No. 613 § 3]
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 the Borough of Haworth, other than owner-occupied one and two family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. No. 613 § 4]
The local enforcing agency established by subsection 14-1.3 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Ord. No. 613 § 5; Ord. No. 658 § 2]
The local enforcing agency established by subsection 14-1.3 shall be a part of the Haworth Fire Department and shall be under the direct supervision and control of the Fire Official.
[Ord. No. 613 § 6; Ord. No. 658 § 3; New]
Appointment of Fire Official. The local enforcing agency shall be under the direct supervision of the Fire Official, who shall be appointed by the Mayor and Council upon recommendation of the Chief of the Fire Department.
Term of Office. The Fire Official shall serve for a term of one year. Any vacancy shall be filled for the unexpired term.
Qualifications and Duties of Fire Official.
The Fire Official shall continue his term during good behavior and satisfactory service. The qualifications of the Fire Official shall be as follows:
The Fire Official shall perform administrative duties and direct inspectors in their normal routine of duties. Under police powers, he shall do the following:
Enforce fire lanes.
Enforce closing of wooded areas due to hazardous conditions.
Enforce "No Smoking" in prohibited areas.
Establish fire lines.
Prevent interference with Fire Department operations.
Enforce violations in occupancy load.
Conduct fire drills.
Enforce seizure of fireworks or explosive devices or hazardous materials.
Establish fire prevention educational programs.
Investigate illegal use or storage of hazardous materials.
Be a member of the fire investigation squad.
Enforce the provisions of the Ordinance or Code except as otherwise provided.
Inspectors and Employees. Such inspectors and other employees as may be necessary on the local enforcing agency shall be appointed by the Mayor and Council upon recommendation of the Fire Chief. All fire inspectors shall be certified in fire code enforcement pursuant to the provisions of the Uniform Fire Code.
Removal From Office. The Fire Official, inspectors and any other employees of the enforcing agency shall be subject to removal by the Mayor and Council for inefficiency or official misconduct. The Fire Official, the inspectors or employees to be so removed shall be afforded an opportunity to be heard by the appointing authority or designated hearing officer.
[Ord. No. 613 § 7; Ord. No. 658 § 4]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an Order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Bergen.
[Ord. No. 613 § 8; Ord. No. 758 § 1; New]
In addition to the inspections and fees required pursuant to the act and the regulations of the Department of Community Affairs, the following additional inspections and corresponding fees shall be required:
Multiple Dwellings. Any building, structure or portion thereof in Use Group R-2 or R-3 having common means of egress:
Business Properties Requiring Annual Inspections:
One Fee. Only one permit fee will be required should a premises fall under more than one category; however, in such case the highest fee will prevail.
Penalty. Failure to obtain the necessary operating permit for the additional required inspections set forth in paragraph a will carry a minimum mandatory one hundred ($100.00) dollar fine.
Uniform Fire Code Permits.
The permit fees established by the Uniform Fire Code shall be the fees which shall be collected by the local enforcing agency as listed:
The Uniform Fire Code permit fees are amended as follows:
Type 1 shall include in addition to those set forth in N.J.A.C. 5:70-2.7(b)2 the following:
Type 2 shall include in addition to those set forth in N.J.A.C. 5:70-2.7(b)3 the following:
Any building structure or portion thereof in any Use Group storing or selling, in original approved closed containers or less than 30 gallons, flammable or combustible liquids.
The installation, removal, repair or alteration of any tank used for the purpose of storing flammable or combustible liquids over 1,000 gallons.
Type 2 shall not include the following;
Storage of paints, oils or varnishes or similar mixtures when stored for painting maintenance or similar purposes upon the premises for a period of not more than 30 days.
Food stuffs, medicines, beverages and cosmetics.
Buildings, structures or portions thereof that are registered as a Life Hazard Use with the Division of Fire Safety for flammable or combustible liquids.
Less than 100 gallons of flammable or 60 gallons of combustible liquids.
Type 4 shall include in addition to those set forth in N.J.A.C. 5:70-2.7(b)5 the following:
Any building, structure or portion thereof in any Use Group storing or selling in original approved closed containers in larger than 30 gallons flammable or combustible liquids.
Any building structure or any portion thereof in any Use Group dispensing or using flammable or combustible liquids.
Type 4 shall not include the following:
Building structures of portions thereof that are registered as a Life Hazard Use with the Bureau of Fire Safety for flammable or combustible liquids.
Certification of Fire Code Status. In accordance with N.J.A.C. 5:70-2.18 of the Uniform Fire Code, any owner or bona fide purchaser of a building requesting a certificate shall make application for same on forms provided by the Fire Official and shall pay a fee of $50 prior to the inspection.
Upon the request of the owner or purchaser of a building or structure over which the Fire Official has jurisdiction, and upon obtainment of a fee in the sum of $25, the Fire Official shall issue a certificate either enumerating the violations indicated by its records to be unabated and the penalties or fees indicated to be unpaid, or stating that its records indicate that no violations remain unabated and no penalties or fees remain unpaid.
A fee in the amount of $50 is hereby established for a fire report in order to defray the cost of investigation as to the cause and origin of a fire. All requests for fire reports will be made through the insurance companies. All fees collected pursuant to this chapter shall be paid into the Borough treasury and thereafter, be appropriated to the Haworth Fire Department, Bureau of Fire Prevention for enforcement of the Uniform Fire Safety Act.
The fee for inspection or reinspection and issuance of a Certificate of Compliance by the Bureau of Fire Prevention pursuant to P.L. 1991, c.92, An Act Requiring Smoke Sensitive Alarm Devices In Certain Structures Used For Residential Purposes And Supplementing N.J.S.A. 52:27D-192 et seq., shall be $35.
[Ord. No. 658 § 9]
The Fire Official shall submit monthly reports to the Fire Chief. The report shall contain all proceedings under the Uniform Fire Code, a breakdown of all fees collected thereunder, the number of inspections performed by each fire inspector, and such statistics as the Fire Official may wish to include therein. The Fire Official shall also recommend any amendments to the Uniform Fire Code or this chapter, which, in his judgment, shall be desirable.
[Ord. No. 658 § 10]
Subsection F-305.5 shall be added to the Fire Prevention Code to provide that all buildings or parts thereof used for the storage and handling of hazardous materials shall have placards affixed to the exterior of such buildings in accordance with the specifications of NFPA Standard 704. The placards shall indicate (1) the highest hazard material; and (2) the largest quantity hazardous material. Placards shall be placed according to the Fire Official.
[Ord. No. 658 § 10; Ord. No. 704 § 2]
Subsection 3-10.5.1 shall be added to the Fire Prevention Code to provide that persons smoking in an area posted with a conspicuous "No Smoking" sign may receive a summons immediately without previous other written or verbal warning and shall be subject to a fine of not less than $25 but not more than $100 for a summons returnable in the Haworth Municipal Court. All fees collected pursuant to this chapter shall be paid into the Borough treasury and thereafter, be appropriated to the Haworth Fire Department, Bureau of Fire Prevention for enforcement of the Uniform Fire Safety Act.
[Ord. No. 658 § 11; Ord. No. 704 § 2]
The fire lanes referred to in Section 3-11.0 of the Fire Prevention Code shall be required for all uses in the Borough except for one and two family homes as established by the Chief of the Fire Department and the Fire Official, whether or not said use or occupancy has been the subject of site plan approval from other appropriate agencies of the Borough. In this connection, a minimum lane of 18 feet in width shall be provided so as to permit access completely around a building, all lanes shall be appropriately signed, painted and maintained in an open condition without parking of cars or other devices. This shall be deemed a requirement for all occupancies to be inspected and certified on an annual basis, the same being necessary as a police power measure for the protection of life and property. Owners, lessees or invitees permitting the blocking of or blocking any fire lanes shall be amenable for summons returnable in the Haworth Municipal Court and the Chief of the Fire Department and Fire Official and Haworth Police Department are jointly charged with the responsibility for enforcing the terms of this section. The Fire Prevention Code is amended by the addition of the following subsections:
Marking of Fire Lanes or Fire Zones. The marking of fire lanes shall be the responsibility of, and at the expense of, the property owner and shall be accomplished within 30 days of receipt of notification. F 3-11.1(a)
Designated Fire Lanes or Fire Zones shall be marked with a minimum of three (3") inch yellow border lines and permanently mounted metal sign(s) where required. A minimum lane of fifteen (15') feet in width shall be provided so as to permit access completely around the building. F 3-11.1(b)
Signs. Metal signs shall be a minimum of eighteen (18") inches by twelve (12") inches in dimension with reflective red letters stating: "No Parking Fire Zone" or "No Parking Fire Lane" on a white background. The sign shall be posted a minimum of seven (7') feet above grade level facing approaching traffic. F 3-11.4
Obstructions. It shall be a violation of this Code for any person to park a motor vehicle or place an obstruction in or otherwise to obstruct a fire lane or fire zone. Any obstruction or vehicle may be removed by the authority having jurisdiction with all expenses incurred being paid by the owner of said obstruction or vehicle. In the event the owner of the obstruction is non-determinable, the expense shall be borne by the owner of said property in which the obstruction lies. F 3-11.3(a)
Maintenance. Marking of fire lanes shall be maintained in a legible condition as determined by the Fire Chief and Fire Official. This shall be deemed a requirement for all occupancies to be inspected and certified on an annual basis.
Jurisdiction. The Bureau of Fire Prevention and the Police Department of the Borough of Haworth shall have concurrent jurisdiction to enforce Section F-313.0 (Fire Lanes).
Violations. Any person, firm or corporation, who shall violate any of the provisions of Section F 3-11.0 (Fire Lanes) shall upon conviction by a court of competent jurisdiction, be punished by a fine of not less than $35 nor more than $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment; and each violation of any of the provisions of Section F-313.0, and each day the same is violated shall be deemed and taken to be as a separate offense at the direction of the court. All fees collected pursuant to this chapter shall be paid into the Borough treasury and shall thereafter be appropriated to the Haworth Fire Department, Bureau of Fire Prevention for enforcement of the Uniform Fire Safety Act.
[Ord. No. 658 § 13; Ord. No. 704 § 2]
Subsection 3-20.1 shall be added to the Fire Prevention Code and shall provide that (1) buildings that contain fire alarm systems, suppression systems or buildings where visual inspection for the presence of fire is obstructed or (2) buildings that contain a "life hazard" use or (3) when in the opinion of the Fire Official there is a need for immediate access in the event of fire, activated fire alarm or emergency; then a high security "keyvault" shall be maintained at the Police Headquarters which shall contain keys for entry and fire suppression and alarm systems so the Fire Department may gain access to a building without the use of force.
There shall be included in the "keyvault" the location and type of device, means of disconnect and other information as may be required by the Bureau of Fire Prevention, which information shall be maintained on file and updated annually; in this connection a registration fee of $5 shall be charged.
[Ord. No. 658 § 13; Ord. No. 704 § 2]
The Fire Prevention Code is amended by the addition of the following subsections:
F.319.0. The Fire Official may require that additional permanent durable signs be placed indicating the purpose and/or location of various fire safety equipment controls.
All Fire Department connections and fire pump test connections shall be properly marked with a sign indicating their purpose and shall be maintained in a location and manner satisfactory to the Fire Official. A metal sign with raised letters at least one (1") inch high in size shall be mounted on all Fire Department connections serving fire sprinklers, standpipes and/or fire pump connections. Such signs shall read AUTOMATIC SPRINKLERS and/or STANDPIPES and/or TEST CONNECTIONS.
F.319.1. All Fire Department connections shall have a red light located at a minimum of seven (7') feet above the Fire Department connection visible from the street side of the building. The red light shall be a minimum of 15 watt bulb and remain illuminated 24 hours a day.
F.319.2. It shall be the responsibility of any owner, contractor, maintainer or persons in charge to notify all tenants, occupants, staff members and the Fire Department, prior to performing any test, repair, or other work which can reasonably be expected to cause a fire alarm device or system to activate, or which will render any part of a fire protection system, exitway or other fire safety system to be out of service.
[Ord. No. 658 § 14; Ord. No. 704 § 2]
Inspection of the storage tanks of the Fire Prevention Code, Subsection F-2804.5.5, is amended to add that periodic tests of underground tank storage systems may be required by the Fire Official to determine that leakage has not occurred. In addition, tanks used for storage of flammable liquids shall be tested in an approved manner every five years from the date of their installation, and acceptance inspection. Such tests shall be witnessed by the Fire Official or written certification shall be provided to the Fire Official by the testing authority.
[Ord. No. 658 § 15]
Notwithstanding the requirements of any other ordinances of the Borough of Haworth, all types of fire alarm systems shall be registered with the Bureau of Fire Prevention.
[Ord. No. 658 § 16]
A false fire alarm is any signal or message received by the Fire Department to which the Fire Department responds, which signal or message was directly or indirectly brought about or produced by an alarm device of any type without cause.
In the case of any false alarm, any person having knowledge thereof shall immediately notify the Fire Official. In addition, the Fire Official shall cause an investigation to be made and shall keep a record of said alarms on file.
For such false alarms, the Mayor and Council prescribes the following penalties in that if the number of false alarms indicated occur within any 12 month period, the corresponding penalty shall apply:
[Ord. No. 658 § 17]
The planning, design and construction of new buildings and structures to provide the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the Building Code of the jurisdiction and any alterations, additions or changes in buildings required by the provisions of this Code which are within the scope of the Building Code shall be made in accordance therewith, in which case the Fire Subcode Official and Construction Official shall have primary jurisdiction according to law.
[Ord. No. 658 § 18]
There is hereby adopted by the Borough of Haworth the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire suppression forces.
Authority at Fires and Other Emergencies. The Fire Chief or duly authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks, or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of their duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with operations of the Fire Department. The Fire Chief may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the Fire Chief.
Interference with Fire Department Operations. It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of, or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any Fire Department operation.
Compliance with Orders. A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or to interfere with the compliance attempts of another individual.
Vehicles Crossing Fire Hose. A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alley-way, private drive or any other vehicular roadway without the consent of the Fire Chief in command of said operation.
Definition of "Authorized Emergency Vehicle." Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
Operation of Vehicles on Approach of Authorized Emergency Vehicles. Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Chief or a Police Officer.
Vehicles Following Fire Apparatus. It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than three hundred (300') feet from any fire apparatus traveling in response to a fire alarm, or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
Unlawful Boarding or Tampering with Fire Department Emergency Equipment. A person shall not without proper authorization from the Fire Chief in charge of the Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereof, or to manipulate or tamper with, or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps, or any equipment or protective clothing on, or a part of, any Fire Department emergency vehicle.
Damage, Injury to Fire Department Equipment or Personnel. It shall be unlawful for any person to damage or deface, or attempt, or conspire to damage or deface any Fire Department emergency vehicle at any time, or to injure, or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.
Blocking Fire Hydrants and Fire Department Connections. It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes, or on private property.
If upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Chief, Fire Official or Police Officer shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the Fire Chief, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
Hydrant Use Approval. A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the Fire Chief and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction.
Public Water Supply. The Fire Chief shall recommend to the Chief Administrative Official of the Borough the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Chief.
Yard Systems. All new and existing shipyards, oil storage plants, lumber yards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards, and which are located more than one hundred fifty (150') feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Chief and shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief shall designate and approve the number and location of fire hydrants. The Fire Chief may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Chief.
Maintenance of Fire Suppression Equipment. A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs, or when permitted by the Fire Chief. Whenever a fire appliance is removed as herein permitted, it shall be replaced or re-installed as soon as the purpose for which it was removed has been accomplished. Defective and non-approved fire appliances or equipment shall be replaced or repaired as directed by the Fire Chief.
Sale of Defective Fire Extinguishers. A person shall not sell, trade, loan or give away any form, type or kind of fire extinguisher which is not approved by the Fire Chief, or which is not in proper working order, or the contents of which do not meet the requirements of the Fire Chief. The requirements of this section shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
Street Obstructions. A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the Borough. The word "street" as used in the section shall mean any roadway accessible to the public for vehicular traffic, including but not limited to, private streets or access lanes, as well as all public streets and highways within the boundaries of the Borough.
[Ord. No. 658 § 19]
Except as otherwise specifically provided, any person who shall violate any of the provisions of the Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Mayor and Borough Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be liable to the penalty, upon conviction, stated in Chapter 1, Section 1-5. A minimum penalty of $100 is established. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Ord. No. 658 § 10]
Section 10. Technical Amendments. Appendix A: Reference Standards Contained in the BOCA Basic/National Fire Prevention Code 1984 and NFPA Life Safety Code 101 are adopted by reference.
F-318.0 Dumpsters; F-318.1 General: Garbage containers known as dumpsters shall not be located within fifteen (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 appealing to the Fire Official in writing. One or more of the following circumstances may be considered as a basis for relief:
F-319.0 Miscellaneous Signs; F-319.1 General: The Fire Official may require the posting of such miscellaneous signs for the identification of certain utility and fire protection devices and areas. These devices and areas shall include but not be limited to, utility rooms, boiler rooms, sprinkler valve rooms, fire pump rooms, etc. The Fire Official shall prescribe the size, content and location of signs.
F-409.7 where required by the Fire Official a 4A 60 BC rating fire extinguisher will be installed in location or locations deemed necessary.
[Ord. No. 627 § 1]
The Mayor and Council hereby make the following declarations:
The Borough of Haworth has offered to participate in a cover-up and assistance program for better fire protection among the Boroughs of Haworth, New Milford and Oradell, in accordance with the terms and conditions of an Agreement which is on file in the Office of the Borough Clerk and is available for public inspection during regular business hours.
The Borough of Haworth is permitted to enter into the aforementioned Agreement with the Boroughs of New Milford and Oradell, pursuant to N.J.S.A. 40:8A-1 et seq., the Interlocal Service Act, and the Boroughs of New Milford and Oradell are requested to adopt Ordinances in order to enter into said Agreement.
[Ord. No. 627 § 2]
The Mayor and Council hereby agree with the Boroughs of New Milford and Oradell that the Borough of Haworth shall participate in the aforementioned cover-up and assistance program for fire protection in accordance with the terms and conditions of the aforementioned Agreement.
[Ord. No. 627 § 3]
The Mayor and Council hereby direct the Mayor and Clerk to execute any and all contract documents which are necessary to effectuate the terms of this section.