Whereas, the Uniform Fire Safety Act. (P.L. 1983, c.383) was
enacted for the purpose of establishing a system for the enforcement
of minimum fire safety standards throughout the State of New Jersey;
and-the Uniform Fire Safety Act authorizes municipalities to provide
for local enforcement and to establish local enforcement agencies
for that purpose; and it is in the best interest of the Borough of
Englewood Cliffs 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.
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 of Englewood Cliffs.
The local enforcing agency shall be the Englewood Cliffs Fire
Prevention Office which is hereby created in the Borough of Englewood
Cliffs.
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 Englewood
Cliffs, 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.
The local enforcing agency established by subsection
17-9.3 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. 8522 § 5; Ord. No. 2002-11; Ord.
No. 2015-16]
The local enforcing agency established by subsection
17-9.3 shall be part of the Englewood Cliffs Fire Department and shall be under the supervision and control of the Fire Official, who shall report to the Chief of the Fire Department.
The local enforcing agency shall be under the direct supervision
of a fire official who shall be appointed by the mayor and council
of the borough, upon recommendation of the line officers of the fire
department. The fire official shall serve for a term of one year.
Any vacancy shall be filled for the unexpired term. The fire official
need not be a member of the fire department nor a resident of the
borough. The mayor and council shall specify the salary to be paid
to the fire official.
[Ord. No. 8522 § 6B; Ord. No. 2002-11; Ord.
No. 2015-16]
Such inspectors and other employees as may be necessary for
the local enforcing agency to properly carry out its responsibilities
shall be appointed on an annual basis by the Mayor and Council of
the Borough upon recommendation of the Fire Official. The Mayor and
Council shall designate the salaries to be paid to inspectors or other
employees.
The fire official shall have the following qualifications:
a. Seven years active fire service.
b. Fire subcode officials license.
c. Fire protection inspector/industrial commercial specialists license.
d. Fire official/fire inspectors certification qualifications:
1. Fire inspectors certification.
2. Two years active fire service; and
3. Active member in good standing of Englewood Cliffs Fire Department.
[Ord. No. 8522 § 6D; Ord. No. 2002-11; Ord.
No. 2015-16]
The fire official, inspectors and other employees of the enforcing
agency shall be subject to removal by the governing body of the Borough
for inefficiency or misconduct. Each inspector or employee to be so
removed shall be afforded an opportunity to be heard by the appointing
authority or a designated hearing officer.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
any person aggrieved by any order of the local enforcement agency
(or agencies) shall have the right to appeal to the construction board
of appeals of the borough.
[Ord. No. 8522 § 8; Ord. No. 2002-11; Ord.
No. 2015-16]
In addition to the inspection and fees required pursuant to
the Act (for life-hazards uses), registration and fees shall be required
for all non-life hazards and shall be billed and collected at the
expenses of the fire official, as per the inspection fee schedule
below. The fees shall be paid within 30 days of notification or shall
be considered delinquent.
a. Annual inspection of all buildings up to 3,000 gross square feet
(includes basements and parking garages) - Inspection fee to be $100.
b. Annual inspection of all buildings between 3,001 gross square feet
and 5,000 gross square feet (includes basements and parking garages)
- Inspection fee to be $125.
c. Annual inspection of all buildings between 5,001 gross square feet
and 25,000 gross square feet (includes basements and parking garages)
- Inspection fee to be $140.
d. Annual inspection of all buildings between 25,001 gross square feet
and 50,000 gross square feet (includes basements and parking garages)
- Inspection fee to be $210.
e. Annual inspections of all buildings from 50,001 gross square feet
and 100,000 gross square feet (includes basements and parking garages)
- Inspection fee to be $300.
f. Annual inspections of all buildings between from 100,001 gross square
feet and 250,000 gross square feet (includes basements and parking
garages) - Inspection fee to be $325.
g. Annual inspections of all buildings from 250,001 gross square feet
(includes basements and parking garages) - Inspection fee to be $500.
h. Vacant buildings shall pay an amount of one-half of the required
inspection fee.
The agency shall notify the building owner in writing of the
annual fee, which shall be paid to the local agency within 30 days
of notification. Unpaid fees outstanding after the 30th day may result
in a penalty equal to the amount of the unpaid fee. Ten additional
days will be granted for payment of the fee plus penalty.
1. Any person who fails to immediately pay a money judgment entered
against him pursuant to this subsection is subject to the penalties
in accordance with the New Jersey Uniform Fire Code, N.J.S.A. 5:18-2.12
(c).
2. All moneys recovered in the form of penalties shall be paid into
the treasury of Englewood Cliffs and shall be appropriated for the
enforcement of the Act.
3. If the fee and penalty remain unpaid after the ten-day extension
period, the enforcing agency may institute legal proceedings in Municipal
Court pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et
seq.).
[Ord. No. 8522 § 9; Ord. No. 2002-11; Ord.
No. 2015-16]
Upon request of the owner or bona fide purchaser of a building
or structure, the enforcing agency having jurisdiction over the building
or structure shall issue a certificate, either enumerating the violations
indicated by its record to be unabated and the penalties or fees indicated
therefor, to be unpaid or stating that its record indicates that no
violations remain unabated and no penalties or fees remain unpaid.
The fee for such service shall be $50.
[Ord. No. 8522 § 10; Ord. No. 2002-11; Ord.
No. 2015-16]
The application fees for permits as listed in N.J.A.C. 5:70.2.9(c)
of the Uniform Fire Code of the State of New Jersey.
[Ord. No. 8522 § 11; Ord. No. 8823 § 1; Ord. No. 2002-11; Ord. No. 2015-16]
A. Paragraph 503.1.1 is deleted in its entirety and substituted therefor:
503.1.1. Designation: The Fire Official may designate fire lanes
or fire zones on private property to which the public is invited or
which is devoted to public use, if it is necessary to provide safety
for the public or to provide proper access for Fire Department operations
in the event of an emergency. The size of the fire zones and/or fire
lanes shall be set at the discretion of the Fire Official based upon
the size of the property and such other facts the Fire Official may
deem relevant. A site plan shall be submitted showing the existing
buildings, parking spaces and curb cuts for indicating the designated
fire zone(s) or fire lane(s) by the Fire Official.
B. The following shall be added to 503.2 Specifications:
a. 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,
and shall be finally approved by the Fire Official.
b. Designated Fire Lanes or Fire Zones shall be marked with a minimum
three-inch yellow border line and permanently mounted metal sign(s).
c. Signs. Metal signs shall be a minimum of 12 inches by 18 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 feet above grade level facing approaching
traffic. Sign placement shall be determined by the Fire Official.
d. Jurisdiction. The Englewood Cliffs Fire Prevention Office and the
Police Department of the Borough of Englewood Cliffs shall have concurrent
jurisdiction to enforce Section 503.4.a.
C. The following shall be added to 503.4 Obstructions of fire apparatus
access roads:
a. Obstructions: It shall be a violation of this code for any person
to park a motor vehicle in or otherwise to obstruct a fire lane or
a 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.
b. 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,
and shall be finally approved by the Fire Official.
c. Jurisdiction: The Englewood Cliffs Fire Prevention Office and the
Police Department of the Borough of Englewood Cliffs shall have concurrent
jurisdiction to enforce Section 503.4.a.
d. Violations: Any person, firm or corporation who shall violate any
of the provisions of Section 503.4 a. (Obstructions) shall, upon the
first conviction thereof, be punished by a fine of $50. Same may be
payable through the Violations Bureau. For each and every subsequent
offense, the violation shall be fined not less than $50, nor in excess
of $500, or by imprisonment in the County Jail for a period not to
exceed 90 days, or by both such fines and imprisonment. Each day that
the violation exists shall be deemed and taken to be a separate and
distinct offense for which separate penalties may be imposed.
D. The following shall be added to Section 506 Key Boxes:
506.3 Key Box. Any building other than a residential building
which has a fire alarm system or other fire protection system, the
fire official may require a secure key box where immediate access
is necessary for life saving or firefighting purposes. The key box
shall be a type approved by the Fire Official, and shall be installed
in a location approved by the fire official. Such Key Box shall contain
the following:
a. Keys to locked points of egress whether interior or exterior of such
buildings.
b. Keys to locked mechanical equipment rooms.
c. Keys to locked electrical rooms.
d. Keys to elevator controls.
e. Keys to other areas as directed by the Fire Official.
E.
The following shall be added to
Section 912, of the "State Fire Prevention Code".
912.7 Markings of Fire Department Connections
They shall be painted as follows:
1. Serving standpipe or fire pump only: Bright red.
2. Service automatic sprinklers throughout the building: Bright green.
3. Serving sprinklers covering less than the entire building: Aluminum.
4. Serving a combined sprinkler and standpipe system throughout the
building: Yellow.
The purpose of this section is to identify and mark buildings
of truss type construction in order to safeguard the occupants and
emergency personnel in the event of fire or other hazardous condition.
The provisions of this section shall apply to the owner/occupant of
any building or structure of truss type construction as determined
by the fire official.
a. TRUSS TYPE CONSTRUCTION – Shall mean a single plane framework
of individual structural members connected at their ends to form a
series of triangles to span a distance greater than would be possible
with any of the individual members on their own.
b. OWNER/OCCUPANT – Shall mean any natural person or individual,
or any firm, partnership, association, limited partnership, sole proprietorship,
corporation, or other business entity or any government agency on
their own.
c. FIRE OFFICIAL – Shall mean the Borough of Englewood Cliffs
Fire Official or their designated representative as defined by N.J.A.C.
5:18-1.5 Uniform Fire Code.
d. BUILDING/STRUCTURE – Shall mean any construction or combination
of materials used or intended for supporting or sheltering any use
of occupancy, including but not limited to commercial, residential,
governmental, educational and any other place of public assembly.
a. This section shall be enforced by the fire official as required by
the mayor and council.
b. Upon inspection and identification of a building of truss type construction,
the owner/occupant shall be notified by the fire official of the requirements
of this section in accordance with the Uniform Fire Code of the State
of New Jersey.
c. Upon such notification, the owner/occupant shall be required to permanently
affix an Englewood Cliffs Fire Department approved emblem. This emblem
shall be an isosceles triangle 12 inches across the base with a height
of six inches. The triangle shall be of permanent material, and colored
reflective yellow. Along the base of the triangle there shall be a
three-fourths inch high black lettering containing the words "FIRE DEPT.".
Above that in the center of the triangle there shall be a minimum
one and three-eighths inch high black letter(s) corresponding to the
truss type construction as designated by the fire official ("R" -
Roof; "F" - Floor or "R/F" - Roof and Floor). The emblem shall be
placed to the left side of the main streetside entrance approximately
six feet zero inches to eight feet zero inches above ground level,
or other approved location(s) as designated by the fire official.
The identification emblem shall be properly installed within 30 days
of receipt of written notice. The initial identification emblem shall
be supplied by the fire official.
d. The owner/occupant shall be required to maintain the approved identification
emblem at the designated location(s) on the building. Missing or damaged
identification emblems shall be reported to the fire official immediately.
Replacement cost shall be the responsibility of the owner/occupant.
Replacement must be made within 10 days of written notice from the
fire official. Approved identification emblems shall be available
from the fire official at the sole cost of the owner/occupant of the
premises.
a. Initial identification and marking fee - $50.
b. Replacement emblems will be billed based on current costs per unit.
c. The mayor and council may waive fees for non-profit and charitable
organizations.
Penalties shall be assessed in accordance with the Uniform Fire
Code, State of New Jersey N.J.A.C. 5:18-2.12(b).
The form of the identification emblem can be changed by the
Borough of Englewood Cliffs at any time upon reasonable notice to
the property owner/occupant. Any cost associated or relating to the
change of the emblem shall be borne by the owner/occupant.