[1972 Code § 14-1]
There is hereby adopted by the Municipal Council, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code known as the Uniform Fire Code (N.J.A.C. 5:70-1 et seq.), as modified, amended or supplemented by Section 19-9 of this chapter.
[1972 Code § 14-2]
a. 
Pursuant to Section 11 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code shall be enforced locally. The local enforcement agency shall be the Bayonne Bureau of Fire Prevention within the Bayonne Fire Department.
b. 
The code enforcement unit shall enforce the Uniform Fire Code in all buildings, structures and premises with the exception of one and two family dwellings used exclusively for dwelling purposes within the established boundaries of the City of Bayonne and shall comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
c. 
The code enforcement unit shall carry out the periodic inspections of all life hazard and non-life hazard uses required by the Uniform Fire Code and this chapter.
d. 
The Director of Public Safety, upon the recommendation of the Chief of the Fire Department, shall appoint a Fire Official to serve as the chief administrator of the code enforcement unit.
e. 
Such inspectors as may be necessary shall be assigned to the code enforcement unit by the Chief of the Fire Department upon the recommendation of the Fire Official.
f. 
(Reserved)
g. 
The Fire Official shall prepare and forward to the Chief of the Fire Department an annual report of all proceedings of the code enforcement unit, with such statistics as the Chief of the Fire Department directs.
h. 
The Fire Official shall submit to the Chief of the Fire Department a monthly report detailing the number and amount of the fees and penalties collected by type and classification.
[1972 Code § 14-3; amended 4-16-2025 by Ord. No. O-25-26]
LEGAL REPRESENTATIVE
Wherever used in the Uniform Fire Code, shall be held to mean the Attorney for the City of Bayonne.
LITHIUM-ION BATTERY
A storage battery that is rechargeable and uses the reversible intercalation of Li-ions into electronically conducting solids to store energy.
MUNICIPALITY
Whenever used in the Uniform Fire Code, shall be held to mean the City of Bayonne.
POWERED MOBILITY DEVICES
Lithium-ion batteries or other battery-powered/motorized bicycles, scooter, skateboards, hoverboards and other light electric vehicles. Battery-powered wheelchairs and motor vehicles that must be registered with the New Jersey Motor Vehicle Commission are excluded from this term.
RECONDITIONED/SECOND-USE LITHIUM-ION BATTERY
A lithium-ion battery that has been assembled or reconditioned using cells removed from used batteries.
STORAGE BATTERY
A secondary battery in which an ion shuttles back and forth between anode and cathode during charge and discharge cycling, without requirement from other reactants.
[1972 Code § 14-4]
The limits referred to in N.J.A.C. 5:70-31.1(a)30, F3003.2 in which storage of explosives and blasting agents is prohibited, are hereby established as follows:
PROHIBITED IN ALL AREAS EXCEPT THAT:
a. 
Amounts constituting one day's supply for current operations may be kept within the City limits and must meet all requirements as set forth by the Uniform Fire Code and the Department of Labor and Industry of the State of New Jersey.
b. 
The amount specified in paragraph a above shall be brought into the City only on the day it is to be used, and any amount which for any reason is not used in that day shall be removed to a permanent magazine, outside the City limits, at the close of operations on that day.
[1972 Code § 14-5]
a. 
Storage of flammable and combustible liquids in outside aboveground storage tanks is prohibited in all areas exclusive of the districts where such use is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne; provided that nothing in this section shall be deemed to prohibit or regulate the storage of fuel oil in tanks or drums with a capacity not in excess of 55 gallons for which a permit has been obtained pursuant to Section 19-11a.
b. 
Bulk, processing and industrial plants used for the storage, processing distillation, refining or blending of flammable and combustible liquids are prohibited in all areas exclusive of the districts where such use is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances.
[1972 Code § 14-6]
Bulk storage and use of liquefied petroleum gases and liquefied natural gas is prohibited in all areas within the City limits, except that amounts not in excess of 2,000 gallons water capacity may be stored and used in the districts where bulk storage of flammable and combustible liquids is specifically permitted pursuant to Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne.
[Added 4-16-2025 by Ord. No. O-25-26]
a. 
Registration.
1. 
The purpose of this section is to require all sellers of lithium-ion batteries and owners of powered mobility device businesses within the City of Bayonne to register with and pay an annual fee to the Bayonne Fire Prevention Bureau.
2. 
All businesses that sell, rent, transfer, or provide charging of or store lithium-ion batteries and powered mobility devices shall register annually with the Bayonne Fire Prevention Bureau. Registration shall be required for any new business to begin operating. Existing business shall be required to register within 30 days after the effective date of the section.
3. 
The owner of the business that sell, rents, charges or store lithium-ion batteries and powered mobility devices shall be responsible to provide all the necessary registration information to the Bayonne Fire Prevention Bureau, which shall include pertinent information for the property owner, business owner and any authorized or registered agent for a corporation. This registration information shall include the direct mailing information, the direct phone number, the direct email address, an emergency contact phone number (twenty-four-hour contact number), and the business's EIN #. The owner shall be responsible for maintaining accurate information with the Bayonne Fire Prevention Bureau.
4. 
The business owner shall also provide a certificate of insurance in compliance with N.J.S.A. 40a:10A-1.
5. 
Each registration shall be submitted before any new business opens. An inspection shall be scheduled and performed by the Bayonne Fire Prevention Bureau.
6. 
Penalties for acts of omissions in violation of this section shall be in accordance with the penalty provisions of the Uniform Fire Code, N.J.A.C. 5:70-2.12. The penalty for failure to file or pay for an annual registration fee for the sale, rental, charging or storage of lithium-ion batteries or similar types of batteries shall be the same as is specified for life hazard uses.
7. 
Upon receipt of a complete registration application with payment, the Bayonne Fire Prevention Bureau shall issue a certificate of registration. The Certificate shall be signed by the fire inspector after inspection of the premises. The certificate of registration shall be displayed and shown to any City department official seeking to confirm compliance with section.
b. 
Regulations for Charging and Servicing that use Lithium-Ion Batteries and Similar Types of Batteries.
1. 
All powered mobility devices shall be charged in accordance with the manufacturer's instructions and the applicable listing standard using the original equipment, manufacturer-supplied charging equipment that is designed in accordance with applicable federal, state and any other applicable laws, rules or regulations, and listed: pursuant to either UL1564, UL 1012, or other approved listing from a nationally recognized testing laboratory; or for use with the powered mobility device in accordance with UL 2271, UL2849, or other approved listing from a nationally recognized testing laboratory.
2. 
Powered Mobility Devices shall be repaired, serviced and charged in the premises used by the sellers of batteries or powered mobility devices in a dedicated room for such operations. All operations shall be done in a suitable indoor room or outdoor locations that have:
(a) 
Sufficient Natural or Mechanical Ventilation. This ventilation shall be in accordance with applicable codes to prevent the accumulation of any flammable or other gases that may be discharged during normal charging operation.
(b) 
Temperature control to prevent overheating or other unsafe battery conditions. The ambient temperature of the repair, service and charging room should not exceed the temperature limitations set forth in the manufacturer's instructions or equipment listing.
(c) 
Adequate Electrical Supply. The electrical supply for the charging operation shall meet all applicable codes and have enough electrical receptacles. Extension cords and power strips shall not be used in the charging operation. A minimum of three feet shall be maintained between each device during charging operations.
(d) 
A fire barrier separating the repair, service and charging room or area from other rooms, with a minimum one-hour fire-resistance rating.
(e) 
The protection of a sprinkler system with a monitored operational smoke detector in the room where the charging operation takes place.
(f) 
A 2.5 gallon NFPA 18A Annex 4.3 compliant fire extinguisher posted outside the service/charging room or area.
(g) 
A fire containment system on site for the storage of damaged lithium-ion and similar types of batteries.
3. 
Battery packs and other removable storage batteries shall be stacked or charged in an enclosed cabinet unless the cabinet is designed for such purpose and approved by a nationally recognized testing laboratory. The aggregate energy capacity of battery packs or other removable batteries that can be simultaneously charged in a single fire area shall not exceed 50 kwh.
4. 
No combustible, flammable or hazardous materials shall be stored in the room or area where the charging operation takes place.
5. 
In R-1 and R-2 Dwellings it shall be unlawful to charge a battery for a powered mobility device within the common areas (cellars, basements, hallways, lobbies, foyers, etc.) of any multi-family residential property.
c. 
Storage of Lithium-Ion Batteries and Similar Types of Batteries.
1. 
Indoor storage rooms or area, or outdoor enclosures used for the storage, but not for repair, servicing, or charging of powered mobility devices, shall be stored in the premises used by seller of batteries or powered mobility devices.
2. 
The storage room shall not be used for the storage of any combustible, flammable or hazardous materials.
3. 
The storage room shall have one or more monitored and operational smoke detector(s).
4. 
A 2.5 gall on NFPA 18 A Annex 4.3 compliant fire extinguisher shall be present just outside of the storage room or area.
d. 
Battery Inspection: Damaged Batteries and Sale of Batteries.
1. 
Sellers and operators of lithium-ion batteries and powered mobility devices shall inspect all batteries before sale or use and during service for cracks, punctures, leaking contents, or other damage. Any damage battery found shall be taken out of service. This includes any battery that has been dropped, involved in a collision, or subject to any potential mechanism of damage.
2. 
Lithium-ion batteries and other similar types of batteries shall be disposed of in the proper way using license contractors and recycling including household hazardous waste collection points. The seller of batteries and business owners of powered mobility devices shall maintain a record of the qualified vendors or agency they use to dispose of and remove batteries. This includes the name, direct address, direct phone number, State license number and a person of contact for the company or agency. The date, place and manner of disposal shall be recorded by the seller or business. Batteries shall not be disposed of as solid waste in ordinary non-designated trash or recycling containers.
3. 
Lithium-ion batteries and powered mobility device business owners shall maintain records of lithium-ion batteries and powered mobility devices in their possession. A record of defective and discarded batteries shall also be maintained.
4. 
The assembly or reconditioning of lithium-ion battery using cells removed from used stored batteries shall be prohibited.
5. 
All replacement batteries and batteries shall be new, UL rated and listed by the manufacturer of the product where the battery is to be used to power. Sale of any reconditioned lithium-ion battery, non-UL or National recognized testing lab rated battery, any battery with counterfeit testing certification/credential labeling (e.g., Counterfeit UL marketing/labels) or other types of reconditioned similar batteries shall be prohibited.
6. 
Redistributing any lithium-ion batter or similar types of batteries is a power mobility device or other device that uses the batteries shall be prohibited. Sale or exchange of any purpose of any used batteries shall be prohibited.
e. 
Violations.
1. 
Any violations of this section shall be punishable by a fine. Each violation of this section shall constitute a separate violation independent of any other section or any order issued pursuant to this section.
2. 
Each day failure to comply with this section shall constitute a separate violation.
3. 
The first violation constitutes a $1,000 penalty, followed by a daily increase to be determined by the Fire Official each day the violation is not abated. Multiple violations found may not exceed $5,000 for the first occurrence but may increase to $10,000 for multiple violations that not immediately abated.
4. 
Each noncompliant battery shall constitute a separate violation.
f. 
Fees.
1. 
In addition to the annual fire inspection fee, there shall be an additional annual fee of $75 to sell, store, service or chare lithium-ion batteries or other similar types of batteries and power mobility devices.
[1972 Code § 14-8]
Pursuant to the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), any person aggrieved by any order, action or failure to act of the code enforcement unit shall have the right of appeal to the Construction Board of Appeals of Bayonne.
[1972 Code § 14-9]
The New Jersey Uniform Fire Code N.J.A.C. 5:70-1 et seq., including all supplements, revisions and amendments thereto is hereby adopted with the following technical amendments, modifications and supplements:
a. 
Chapter 3 (Precautions Against Fire) is amended as follows:
1. 
N.J.A.C. 5:70-3.2(a)3, F-311.1[1] (Fire Lanes) is amended to read as follows:
Fire Lanes. The Fire Official may require and designate public or private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus. Fire lanes shall have a minimum width of 18 feet (5,486 mm). When it is necessary for the Fire Official to establish or designate such lanes as fire zones, he shall notify the owner or other person, firm, company or corporation having control of the property in writing by registered or certified mail, or by hand delivering such notice, specifically describing the area designated and the reason for making the designation. The lanes or zones shall be properly marked by the owner, person, firm, company or corporation having control, at their own expense and within 30 days after receipt of the notice.
[1]
"N.J.A.C. 5:70-3.2(a)" refers to sections of the "BOCA National Fire Prevention Code/1996" which were modified upon the adoption of the State Fire Prevention Code by N.J.A.C. 5:70-3.2(a). The "3" which follows refers to the chapter number of the State Fire Prevention Code and "F-311.1" refers to the section number. Sections of the "BOCA National Fire Prevention Code/1996" which were adopted without modification are referenced as "N.J.A.C. 5:70-3.1(a)."
b. 
Chapter 4 (Open Flames or Burning) is amended as follows:
1. 
N.J.A.C. 5:70-3.2(a)4, F-402.4 (Portable LP Gas Cooking Equipment) is amended to read as follows: Portable charcoal and LP gas cooking equipment. Portable charcoal and LP gas cooking equipment such as barbecue grills shall not be stored or used:
(a) 
On any porch, balcony or any other portion of a building;
(b) 
Within any room or space of a building;
(c) 
Within 10 feet of any combustible exterior wall;
(d) 
Within 10 feet, vertically or horizontally, of any opening in any wall;
(e) 
Under any building overhang.
The use of flammable liquids to aid in lighting or sustaining a charcoal fire is prohibited.
2. 
N.J.A.C. 5:70-3.2(a)4, F-404.1 (Plumbers Torches and Lead Pots) is amended to read as follows: Plumbers Torches and Lead Pots. Any person utilizing a torch or other flame producing device for sweating pipe joints, thawing frozen pipes, melting lead, removing paint from any structure or for sealing of membrane roofs, or any similar use in or around any building, structure or combustible material shall provide at least one portable fire extinguisher with a minimum 4-A rating, two portable fire extinguishers with a minimum 2-A rating each, or a water hose connected to the water supply on the premises where such burning is done. In all cases, the person doing the burning shall remain on the premises one hour after the torch or flame producing device is utilized.
c. 
Chapter 8 (Airports, Heliports and Helistops) is amended as follows:
1. 
A new section, N.J.A.C. 5:70-3.2(a)8, F-801.3, (Prohibited Activities) is added to read as follows: Prohibited Activities: No heliport, helistop or STOL (short take-off and landing) port shall be located within the City of Bayonne, without the permission, by resolution, of the Municipal Council of the City of Bayonne. Such permission shall not be granted unless the Fire Official, the Chief of Police and the Construction Official indicate that all safety requirements will be met. Nothing herein shall be construed to prohibit emergency medical service helicopter response units or emergency medical transportation helicopters from operating within the City of Bayonne pursuant to the provisions of N.J.S.A. 26:2K-33.
d. 
Chapter 11 (Dry Cleaning Plants) is amended as follows:
1. 
N.J.A.C. 5:70-3.2(a)11, F-1103.6 (Prohibited Plants) is amended to read as follows: Prohibited Plants. Type I, Type II and Type IIIA and B dry cleaning plants of systems shall be prohibited.
e. 
Chapter 23 (Hazardous Materials) is amended as follows:
1. 
N.J.A.C. 5:70-3.1(a)23, F2301.2.3, (Hazardous Waste Generators) is added as follows: Hazardous Waste Generators. Each hazardous waste generator shall submit to the Fire Official on or before January 20, April 20, July 20, and October 20, of each year a summary of hazardous waste produced on-site or transported to an approved hazardous waste treatment facility, a copy of each required manifest shall accompany the report. No hazardous waste is to be stored on-site for a period exceeding six months.
2. 
A new section, N.J.A.C. 5:70-3.2(a)23, F2301.4 (Prohibited materials) is added as follows: Prohibited materials. All chemicals and materials possessing a health hazard greater than "3," reactivity hazard greater than "3" as identified in accordance with the most recent edition of NFPA Standard 49 "Hazardous Chemical Data" and the NFPA Standard 325M "Fire Hazard Properties of Flammable Liquids" are hereby prohibited to be stored in bulk within the City limits of the City of Bayonne. The Fire Official may permit limited amounts to be stored when they are to be used in conjunction with chemical or industrial processes, when application is made in writing and the Fire Official is satisfied that the safety precautions to be taken in the storage and handling of such materials will not pose an unreasonable risk of hazard to persons or property. No increase in the amounts which may be allowed shall be permitted except on new written application to the Fire Official.
3. 
A new section, N.J.A.C. 5:70-3.1(a)23, F2301.5, (Hazardous Waste Facilities) is added as follows: Hazardous Waste Facilities. Any hazardous waste facility as defined in this chapter is hereby prohibited within the City limits of the City of Bayonne. The storage and/or treatment on-site of hazardous wastes by local generators shall comply with the applicable requirements of this code.
4. 
N.J.A.C. 5:70-3.1(a) and 3.2(a)23, F-2302.1 (Definitions) is amended to add the following:
HAZARDOUS WASTE
Any waste or combination of waste which poses a present or potential threat to human health, living organisms, or the environment. It shall include waste material that is toxic, corrosive, irritating or sensitizing, radioactive, explosive, or flammable. It shall also include hazardous waste as defined in New Jersey Administrative Code, Title 7, Chapter 26, subchapter 6.
HAZARDOUS WASTE FACILITY
Any facility and all contiguous land and structures used for treating, storing or disposing of hazardous waste, but shall not include any treatment or storage on-site of materials produced within the limits of the City of Bayonne by a hazardous waste generator.
HAZARDOUS WASTE GENERATOR
Any individual, trust, firm, joint stock company, corporation, corporate official, partnership, or association, whose act or process produces hazardous waste as a manufacturing by-product.
ON-SITE
The same or geographically contiguous property under the control of one owner.
AIR RELEASE
Any intentional or unintentional action or omission resulting in the emission or venting of any hazardous substances or hazardous waste into the atmosphere within the City of Bayonne.
DISCHARGE
Means any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, dumping, or placing of a hazardous substance or pollutant into any waters or onto any land within the City of Bayonne; when such discharge may result in damage to the people, lands, water or natural resources of the City of Bayonne.
HAZARDOUS SUBSTANCE
Means such elements and compounds, including petroleum products, which are defined as such by the N.J. Department of Environmental Protection, after hearing, and which shall be consistent to the maximum degree possible with, and which shall include, the list of hazardous substances adopted by the Federal Environmental Protection Agency pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act, 1977, 33 U.S.C. 1251 et seq. provided however, that sewage and sewage sludge shall not be considered as hazardous substances for the purposes of these rules.
PERSON
Means public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies and individuals.
POLLUTANT
Means any dredged soil, solid waste, incinerator residue, sewage, garbage, refuse, oil, grease, sewage sludge, chemical wastes, biological materials, wrecked or discarded equipment, construction or demolition debris, industrial, commercial or agricultural waste or other residue discharged to the land, groundwater or surface water of the City of Bayonne.
5. 
N.J.A.C. 5:70-3.2(a)23, F2310.2 (Unauthorized discharge) is amended to read as follows: Unauthorized discharge. When hazardous materials are released in quantities reportable under state, federal or local regulations, the Fire Official and the Fire Department shall be notified and the following procedures required:
(1) 
Records shall be kept by the owner or operator of the facility of the discharge of hazardous materials including date, time, material and quantity.
(2) 
Provisions shall be made for controlling and mitigating unauthorized discharges.
(3) 
Whenever any unauthorized discharge due to primary container failure is discovered, the involved primary container shall be repaired when approved by the Fire Official or the Fire Department, or removed from service.
(4) 
Any person responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual. When deemed necessary by the Fire Official or the Fire Department, cleanup shall be initiated by an authorized individual or firm. All costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.
6. 
A new section, N.J.A.C. 5:70-3.1(a)23, F-2310.2.1, (Responsibilities of person(s) causing a discharge) is added as follows: Responsibilities of person(s) causing a discharge. Any person responsible for the discharge or air release of a hazardous substance, hazardous waste, or pollutant shall reimburse the Fire Department for unanticipated expenses directly incurred by the Fire Department during the investigation or mitigation of said discharge or air release. Unanticipated expenses include but are not limited to: overtime wages; replacement cost of protective clothing; equipment and supplies; repair costs of damaged equipment; laboratory costs for analysis of samples of hazardous substances, hazardous wastes, pollutants, or air contaminants, sorbents, foams, sealants and other items to stop or contain a discharge or air release; and costs associated with the use of contractors to mitigate or assess the effects of a discharge or air release.
Any person responsible for reimbursement of unanticipated expenses to the Fire Department shall submit such payment within 30 days of the receipt of an itemized bill certified by the Chief of the Fire Department for said expense.
f. 
Chapter 31 (Fireworks) is amended as follows:
1. 
N.J.A.C. 5:70-3.2(a)31, F-3103.3.1 (Application) is amended to read as follows: Application. Application for permits for display or discharge shall be made in writing 45 days in advance of the date of the display or discharge of fireworks. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein. All applications for permits shall set forth the date, the hour the place of making such display, and the place for storing of fireworks prior to the display. The application shall also contain the names of the person, persons, firm, partnership, corporation, association, or group of individuals making the display, and the name of the person or persons in charge of the ignition, firing, setting-off, exploding or causing to be exploded such fireworks. The location of the storage place shall be subject to the approval of the fire official of the jurisdiction.
g. 
Chapter 32 (Flammable and Combustible Liquids) is amended as follows:
1. 
N.J.A.C. 5:70-3.1(a)32, F-3207.1 (General) is amended to read as follows:
General. Flammable and Combustible liquid storage tanks of any capacity installed above ground shall comply with this chapter. Above-ground tanks for the storage of flammable or combustible liquids shall not exceed 200 feet in diameter and shall not exceed 64 feet in height.
2. 
A new section N.J.A.C. 5:70-3.1(a)32, F-3207.6 (Spacing Between Above-Ground Tanks) is added as follows: Spacing Between Above-Ground Tanks. When tanks located above-ground are 60 feet or larger in diameter, there shall not be more than two rows of tanks without an intervening roadway having a minimum width of 15 feet and a fire service water main of at least six inches in diameter having fire hydrants spaced not more than 300 feet apart. Where a roadway is required, the flat section at the top of a dike may be used, provided it can support the weight of fire apparatus vehicles and is at least 15 feet wide at the narrowest point.
3. 
A new section N.J.A.C. 5:70-3.1(a)32, F-3203.12 (Drainage, Dikes and Walls) is added as follows: Drainage, Dikes and Walls. Additional requirements for above-ground tanks containing flammable or combustible liquids are as follows:
(a) 
All tanks containing flammable or combustible liquids shall be diked or be provided with drainage to a safe area.
(b) 
There shall be not more than three tanks within a common dike when such tanks are 60 feet or more in diameter and contain Class I flammable liquid.
(c) 
There shall be not more than six tanks within a common dike when such tanks are 60 feet or more in diameter and contain liquids having flash point at or above 100 F and below 200 F.
(d) 
When tanks are less than 60 feet in diameter, the number of tanks within a common dike shall be limited to such number as can be effectively protected by hose streams. In no case shall a tank be more than 60 feet from a roadway.
(e) 
Height of dike walls shall be limited to a maximum of six feet measured from the interior of the diked area.
(f) 
Piping supports within dike areas shall be of materials that have a fire resistance rating of at least two hours. All pipe systems shall be substantially supported and protected against physical damage, and excessive stresses arising from settlement, vibration, expansion or contraction.
(g) 
All underground Class I flammable liquids tanks shall be tested every five years after the last hydrostatic test. If a test has not been performed within five years prior to the effective date of this ordinance, testing must be completed by the end of 1999. Test results shall be sent to the Code Enforcement Unit.
4. 
A new section N.J.A.C. 5:70-3.1(a)32, F-3209.6 (Bulk storage plants) is added as follows: Bulk storage plants. A water supply and distribution system shall be included as part of all bulk storage plants. The minimum fire flow shall be sufficient to provide protection for the largest tank in the plant or the greatest hazard within the plant and to provide sufficient additional flow to protect and cool exposed tanks or other property. The installation of water lines for plant protection shall comply with the applicable provisions of NFPA Standard 24, the most recent edition "Outside Protection."
h. 
Chapter 36 (Liquefied Petroleum Gases) is amended as follows:
1. 
N.J.A.C. 5:70-3.1(a)36, F-3601.1 is amended to read as follows: Liquefied Petroleum Gases. The provisions of this chapter and NFPA 58 and 59 listed in Chapter 44 shall apply to the equipment, processes and operations for the storage, use, handling, installation and maintenance of liquefied petroleum gas and liquefied natural gas. Whenever the term "liquefied petroleum gas" is used in this Chapter, it shall be deemed to include "liquefied natural gas."
2. 
N.J.A.C. 5:70-3.1(a)36, F-3602.1 (General) is amended to add the following definitions:
Liquefied natural gas (LNG): A fluid in the liquid state composed predominantly of methane, which may contain minor quantities of ethane, propane, nitrogen or other components normally found in natural gas.
Liquefied natural gas equipment: All containers, apparatus, piping (not including utility distribution piping systems) and equipment pertinent to the storage and handling of liquefied natural gas. Gas consuming appliances shall not be considered as being liquefied natural gas equipment.
3. 
N.J.A.C. 5:70-3.1(a)36, F-3603.2 (Terminals, plants, refineries and tank farms) is amended to read as follows: Terminals, plants, refineries and tank farms. Liquefied petroleum gas (LPG) and liquefied natural gas (LNG) installations wherein the aggregate amount in containers or tanks exceeds 2,000 gallons water capacity are prohibited within the City limits of the City of Bayonne. No LPG or LNG terminals, plants, refineries, tank farms or gas utility plants shall be permitted.
[1972 Code § 14-10]
Upon the application of a property owner, or lessee with the consent of the owner, the Fire Official may grant a variance from the requirements of a regulation or standard adopted pursuant to this chapter. Any such variance shall be in accordance with the provisions of the Uniform Fire Code as same may be amended and supplemented (c. N.J.A.C. 5:70-2.14).
[1972 Code § 14-11]
a. 
Permits.
1. 
The following activities shall require a Type I Permit:
(a) 
Cylinder storage of welding gases (provided that no permit is required if the storage is in a use required to register as a Type B life hazard use).
(b) 
Storage of up to 600 pounds, of calcium carbide.
(c) 
Use of fuel oil tanks or drums with a capacity of more than five but not in excess of 55 gallons.
(d) 
Installations of liquefied petroleum gas (LPG) or liquefied natural gas (LNG) utilizing storage containers of more than 10 gallons but not more than 1,000 gallons individual water capacity.
b. 
Non-Life Hazard Uses.
1. 
All premises not classified as "life hazard uses" pursuant to the Uniform Fire Code (with the exception of owner-occupied detached Use Group R-3 structures used exclusively for dwelling purposes) shall be classified as "non-life hazard uses." Non-life hazard uses shall annually be registered with and inspected by the code enforcement unit.
2. 
Delivery of flammable and combustible liquids: All tank vehicles delivering flammable or combustible liquids to premises within the City of Bayonne shall be required to be registered with the code enforcement unit and shall be subject to inspection at any time; provided that no registration shall be required for deliveries made to bulk plants having suitable fire control equipment.
[1972 Code § 14-12; Ord. No. O-01-51; Ord. No. O-04-05 § 1; amended 4-17-2024 by Ord. No. O-24-29]
a. 
Life Hazard Registration and Inspection Fees. Life hazard registration and inspection fees shall be in accordance with the fees set forth in Chapter 2 of the Uniform Fire Code (N.J.A.C. 5:70-2.1 et seq.)
b. 
Permit Fees. Fees for permits required pursuant to the Uniform Fire Code and Section 19-11 of this chapter shall be as follows:
Type 1 Permits
$50
Type 2 Permits
$166
Type 3 Permits
$331
Type 4 Permits
$497
c. 
Registration Fees, Including Inspection.[1] (These fees do not apply to life hazard uses referenced in paragraph a above.) The fee for registration and inspection of non-life hazard uses shall be as follows:
1.
Use Groups A-1A, A-1B, A-2, A-3, and A-5:
2024
2025
2026
(a)
Buildings and structures with a capacity of fewer than 50 people
$50
$75
$100
(b)
Buildings and structures with a capacity of more than 50 but fewer than 100 people
$75
$100
$125
2.
Use Group B:
(a)
Buildings and structures (with or without attached dwelling units) up to and including 1,000 square feet
$50
$75
$100
(b)
Buildings and structures (with or without attached dwelling units) from 1,001 square feet up to and including 4,000 square feet
$75
$100
$125
(c)
Buildings and structures (with or without attached dwelling units) from 4,001 square feet up to and including 10,000 square feet
$100
$125
$150
(d)
Buildings and structures (with or without attached dwelling units) more than 10,000 square feet
$150
$175
$200
3.
Use Group F-1:
(a)
2,500 square feet and under
$100
$125
$150
(b)
2,501 to 7,000 square feet
$125
$150
$175
(c)
7,001 to 11,999 square feet
$175
$200
$225
4.
Use Group F-2:
(a)
2,500 square feet and under
$75
$100
$125
(b)
2,501 to 7,000 square feet
$100
$125
$150
(c)
7,001 to 12,000 square feet
$150
$175
$200
(d)
Over 12,000 square feet
$200
$225
$250
5.
Use Group M:
(a)
2,500 square feet and under
$75
$100
$125
(b)
2,501 to 7,000 square feet
$100
$125
$150
(c)
7,001 to 12,000 square feet
$175
$200
$225
6.
Use Group R-1:
$55
$75
$100
7.
Use Group R-2:
(a)
3 to 5 units
$55
$75
$100
(b)
6 to 10 units
$100
$125
$150
(c)
11 to 15 units
$135
$150
$175
(d)
16 to 20 units
$175
$200
$225
(e)
Over 20 units, add $20 for each additional unit over 20
$175 plus $20 for each additional unit
$200 plus $20 for each additional unit
$225 plus $20 for each additional unit
8.
Use Group S-1:
(a)
2,500 square feet and under
$75
$100
$125
(b)
2,501 to 7,000 square feet
$100
$125
$150
(c)
7,001 to 11,999 square feet
$175
$200
$225
9.
Use Group S-2:
(a)
2,500 square feet and under
$65
$90
$120
(b)
2,501 to 7,000 square feet
$75
$125
$150
(c)
7,001 to 11,999 square feet
$150
$175
$200
10.
Registration of tank vehicles delivering flammable or combustible liquids to premises within the City of Bayonne, each vehicle:
$75
$100
$125
11.
All other uses and activities required to be registered and inspected by this article not otherwise enumerated above
$75
$85
$100
[1]
Editor's Note: The fees set forth in this paragraph shall apply to calendar years 2024, 2025, and 2026, and annually thereafter, fees shall be billed at the 2026 rates.
d. 
Certificate of Smoke Detector Compliance. There shall be no application fee for a certificate of smoke detector compliance, as required by N.J.A.C. 5:70-2.3.
e. 
Certificate of Fire Code Status. The fee for a Certificate of Fire Code Status shall be $35.
f. 
Public Records. The fee for copies of public records, including investigative and arson reports, shall be as follows:
1. 
Search Fee $10.
2. 
First 10 pages $0.75 per page.
3. 
Eleventh page to 20th page $0.50 per page.
4. 
All pages over 20 $0.25 per page.
g. 
Penalties. Penalties for acts or omissions in violation of this chapter shall be in accordance with the penalty provisions of the Uniform Fire Code, N.J.A.C. 5:70-2.12 and N.J.A.C. 5:70-2.12A. The penalty for failure to file a registration or pay when due an annual registration fee for a non-life hazard use shall be the same as is specified for life hazard uses.
[1972 Code § 14-13]
All currently existing ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or revision, or of the Code hereby adopted are hereby repealed.
[1972 Code § 14-14]
If any section or subsection, clause, phrase or portion of this chapter or revision, or amendment or revision thereto, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof.