[1973 Code § 23-33; Ord. No. 8-14-85]
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; and
it is in the best interest of the Town of Kearny to have the Uniform
Fire Safety Act enforced locally. All fire departments, fire companies
and fire districts have agreed to the plan, which is set forth herein,
for the administration and enforcement of the Uniform Fire Safety
Code.
[1973 Code § 23-34; Ord. No. 8-14-85; Ord. No. 2000-0-48 § 4]
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 Town of Kearny.
[1973 Code § 23-35; Ord. No. 8-14-85; Ord. No. 2000-0-48 § 1]
The Local Enforcing Agency shall be the Bureau of Combustibles
in the Kearny Fire Department.
[1973 Code § 23-36; Ord. No. 8-14-85]
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 Town
of Kearny, other than owner-occupied buildings of one or two dwelling
units used exclusively for dwelling purposes, and buildings, structures
and premises owned or operated by the Federal Government, Interstate
Agencies or the State and shall faithfully comply with the requirements
of the Uniform Fire Safety Act and the Uniform Fire Code.
[1973 Code § 23-37; Ord. No. 8-14-85]
The Local Enforcing Agency established by subsection 19-1.3 shall carry out the periodic inspection of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[1973 Code § 23-38; Ord. No. 8-14-85]
The Local Enforcing Agency established by subsection 19-1.3 shall be a part of the Kearny Fire Department and shall be under the direct supervision and control of the Chief Inspector, Bureau of Combustibles, and who shall remain under the supervision of the Fire Chief to whom he shall be responsible for the proper discharge of his duties.
[1973 Code § 23-39; Ord. No. 8-14-85]
a.
Appointment of Fire Official. The Local Enforcing Agency shall be
under the supervision of the Fire Official who shall be appointed
by the Mayor and Town Council pursuant to Title 11, Civil Service,
of the Revised Statutes.
b.
Term of Office. The Fire Official shall serve with tenure as provided
for under the Civil Service Laws of the State of New Jersey and he
shall be removed from office only for good cause shown and only after
being granted a hearing upon charges before the appointing authority.
c.
Inspector and Employees. Such inspectors and other employees as may
be necessary for the Local Enforcing Agency to properly carry out
its responsibilities shall be appointed by the Mayor and Town Council
pursuant to Title 11, Civil Service, of the Revised Statutes.
d.
Removal from Office. Inspectors and other employees of the enforcing
agency shall be subject to removal by the Chief of the Kearny Fire
Department 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.
[1973 Code § 23-40; Ord. No. 8-14-85]
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 Town of Kearny.
[1973 Code § 23-41; Ord. No. 8-14-85; Ord. No. 2000-O-48 § 6; Ord. No. 2012-2; Ord. No.
2015-20]
a.
Life hazard use groups are defined in N.J.A.C. 5:70-1.5. et seq.
All other groups, referred to as "non-life hazard use groups", are
the subject of this ordinance and are hereby required to register
each year with the Bureau of Combustibles and pay inspection fees
as follows:
|
Inspection Fee
| |
|---|---|
|
Assembly
| |
|
1A Assembly under 4999
|
$35
|
|
2A Assembly 5,000 square feet and over
|
$70
|
|
Business Use Group
| |
|
1B under 2,500 square feet
|
$25
|
|
2B 2,500-4,999 square feet
|
$35
|
|
3B 5,000x9,999 square feet
|
$70
|
|
4B 10,000 square feet and over
|
$120
|
|
Factory Use Group
| |
|
1F under 5,000 square feet
|
$95
|
|
2F 5,000-11,999 square feet
|
$120
|
|
Mercantile Use Group
| |
|
1M under 6,000 square feet
|
$35
|
|
2M 6,000-11,999 square feet
|
$70
|
|
Storage Use Group
| |
|
1S under 2,500 square feet
|
$35
|
|
2S 2,500-11,999 square feet
|
$70
|
|
3S 12,000 square feet and over
|
$90
|
|
Utilities Use Group
| |
|
1U under 2,500 sq.
|
$35
|
|
2U 2,500 and over square feet
|
$70
|
|
Residential Use Group
| |
|
RA Nonowner occupied 1 & 2 unit mixed use occupancies
|
$20
|
|
RB 3-4 units
|
$25
|
|
RC 5-9 units
|
$40
|
|
RD 10-20 units
|
$70
|
|
RE over 20 units
|
$100
|
b.
Uses not classified above that are subject to the Uniform Fire Code
shall be classified as business uses.
c.
Vacant buildings, which create a fire hazard, shall be charged and
inspected according to the previous use of the building.
d.
Each such use group shall be inspected at least once every two years
to determine the extent to which each such use complies with the provisions
of the Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
e.
The user shall be invoiced at the time of the inspection for the inspection fee which shall be due within 30 days thereafter. If the fee is not paid within the thirty-day period, a penalty equal or twice the amount of the fee provided for in subsection (d) shall be added automatically to the fee. If the fee and penalty, or any part thereof, shall remain unpaid after 60 days of the invoice date, the Chief Inspector, Bureau of Combustibles shall file a complaint in Municipal Court.
f.
This section shall not apply to life hazard uses and uses that are
currently paying a permit fee.
[1973 Code § 23-42; Ord. No. 8-14-85; Ord. No. 2000-0-48 § 7]
Application fees for permits listed in N.J.A.C. 5:70-2.7 shall
be as prescribed by State regulation. The application fee for a certificate
of smoke detector compliance as required by N.J.A.C. 5:70-2.3 shall
be $30.
[1]
Editor's Note: Former subsection 19-1.11, Technical Amendments,
previously codified herein and containing portions of 1973 Code § 23-43
and Ordinance No. 8-14-85 was repealed in its entirety by Ordinance
No. 2000-0-48.
[1973 Code § 23-19; Ord. No. 12-14-88]
There is hereby created in the Fire Department of the Town of
Kearny, the position of Fire Prevention Specialist, UFD (Formerly
known as Fire Inspector, UFD).
[1973 Code § 23-20; Ord. No. 12-14-88]
a.
General Duties. The general duties of the position are as follows:
b.
Examples of Work. General examples of work are as follows:
1.
Inspects various buildings, structures, and premises to detect and
eliminate fire hazards.
2.
In accordance with established regulations, guidelines, standards,
and procedures, inspects buildings classified as high-rise and life
hazard use for compliance with the Uniform Fire Safety Code in accordance
with the schedule established by the Code.
3.
Inspects fire extinguishing and fire protection equipment to ensure
equipment is operable and prepares reports identifying deficiencies.
4.
Observes tests of fire prevention or protection equipment in plants
where explosive or flammable materials are processed or stored.
5.
Observes tests of equipment, and inspects storage conditions to ensure
conformance to fire and safety codes.
6.
Notes and investigates unsafe conditions and practices which might
cause or increase fire hazards.
7.
May instruct employees of business establishments in fire safety
practices.
8.
Inspects buildings of six stories or more that are used for human
occupancy to ensure that such buildings are equipped with standpipes
that have been installed in accordance with applicable regulations.
9.
Reports findings to Fire Official on authorized forms detailing violations
and necessary corrective action.
10.
Inspects areas in which flammable or combustible materials are stored
and reports undesirable conditions or takes steps to correct such
conditions.
11.
As required, serves penalty notices, orders, rulings and other legal
process including notices of violation.
12.
Ensures that automatic fire alarm systems, when required, are present,
operable, and properly maintained, in accordance with pertinent regulations.
13.
Inspects buildings for proper and adequate means of egress as determined
by use, design, and layout, and ensures that means of egress are accessible,
safe, properly equipped and maintained and meet the requirements of
the New Jersey Uniform Fire Code or other relevant codes or ordinances.
14.
Ensures that all exit and information signs are properly displayed
and maintained and meet the requirements of the New Jersey Uniform
Fire Code with regard to location, illumination, height, etc.
15.
Reinspects buildings, structures or premises that have been identified
as having violation(s) of applicable fire codes and that constitute
imminent hazard to the health, safety or welfare of the occupants
or intended occupants, firefighters, or the general public for abatement
of the violation(s).
16.
Reinspects buildings, structures or premises within a prescribed
time after they have been cited for violations to determine if the
violations have been properly and completely abated.
17.
Issues penalty notices for fire hazards not corrected on subsequent
inspection.
18.
Examines interiors and exteriors of buildings, structures and premises
to detect hazardous conditions or violations of fire regulations and
laws.
19.
Prepares reports of violations and penalty orders.
20.
Discusses conditions with owner or agent and recommends safe methods
of storing flammables or other hazardous materials.
21.
Informs owner or agent of conditions requiring correction such as
deficient egress facilities, improper fire protection equipment and
faulty wiring and issues violation notices.
22.
Explains the New Jersey Uniform Fire Code and regulations to owners
and provides advice on how to abate existing violations.
23.
Ensures permit applications are obtained where code requires and
performs inspections on uses related to the permit.
24.
Inspects to insure that conditions of permit, issued by the Fire
Official, are being complied with.
25.
Works closely with fire officials, fire departments and municipal
officials in interpreting and applying the New Jersey Uniform Fire
Code and ensuring construction permits are obtained where necessary.
26.
Prepares inspection reports which are complete and properly filed.
27.
Prepares violation notices and orders to abate the violations and
provides reports on findings, conclusions and recommendations.
28.
Investigates fires in order to determine origin, cause and spread.
29.
Maintains file of inspection records, prepares reports of activities,
and coordinates activities with other officials responsible for ensuring
fire and life safety.
30.
Prepares and maintains accurate inspection records of action taken,
violations found, progress made and other conditions observed and
takes photographs pertinent to assignments.
31.
Prepares clear, sound, accurate and comprehensive reports of inspections
and other reports containing findings, conclusions and recommendations.
32.
Maintains essential records and files.
33.
As may be required, gives testimony in court and at hearings and
acts as a witness in behalf of the local community.
34.
May speak before civic, school, and community organizations and groups
on matters concerning fire prevention methods and encourage the use
of fire prevention methods by community residents.
35.
May give talks and demonstrations before adults and/or children on
the methods for insuring the proper use of fire safety procedures
in the home, school or other buildings.
37.
Operates and uses fire hoses and other fire fighting equipment and
apparatus.
38.
Performs special duty at theaters, schools, and other public gatherings
to help maintain proper fire precautionary measures.
39.
Responds to calls concerning bomb threats and conducts bomb searches.
40.
Inspects the conditions of fire protection apparatus in public and
private buildings.
41.
Inspects fire hydrants.
42.
Performs rescue work.
43.
Pumps out cellars.
44.
Receives fire alarms and notifies proper fire company.
45.
Keeps needed records.
[1973 Code § 23-21; Ord. No. 12-14-88]
a.
Positions in this class may be filled through promotion examination
procedures only. Candidates must meet those requirements and qualifications
for promotion specified in Civil Service Law, rules and regulations.
b.
Graduation from high school, vocational high school, or possession
of an approved high school equivalent certificate.
c.
License and Certification:
1.
Possession of a current and valid Fire Inspector Certification issued
by the New Jersey Department of Community Affairs will be required
only where the inspection of high-rise and/or life hazard use structures
are involved.
2.
Appointees will be required to possess a driver's license valid
in New Jersey only if the operation of a vehicle, rather than employee
mobility, is necessary to perform the essential duties of the position.
|
NOTE — Where possession of a certificate issued
by the New Jersey Department of Community Affairs is not required,
applicants must have had at least two years of experience in one or
more of the areas indicated below or some combination thereof; (a)
as a firefighter in a paid or volunteer fire company; and/or (b) in
the inspection of buildings to detect fire hazards and to enforce
fire safety codes and regulations; and/or (c) in the investigation
of fires to determine their cause; and/or (d) in the inspection of
the construction of buildings and the review of building construction
plans and specifications to insure compliance with fire protection
codes and regulations; and/or (e) in the installation of fire protection
equipment.
|
d.
Age. Not less than 18 years of age.
e.
Medical Examination. As a prerequisite for appointment, appointees
may be required to pass a thorough medical and psychiatric examination
to be administered by the appointing authority. Any psychological,
medical or physical condition or defect which would prevent efficient
performance of the duties of the position, cause the appointee to
be a hazard to himself/herself or others, or become aggravated as
a result of performance of these duties will be cause for rejection.
f.
Knowledge.
1.
Considerable knowledge of the basic fire prevention measures required
in residential, commercial, industrial and other buildings and structures.
2.
Basic knowledge of the laws, rules and regulations concerning all
types of fire prevention measures.
3.
Considerable knowledge of the practices and procedures of fire code
enforcement.
4.
Considerable knowledge of the fire safety systems of buildings and
uses including but not limited to means of egress, fire suppression
systems, fire alarm systems and methods for limiting the flame spread,
flammability or combustibility of materials.
5.
Considerable knowledge of the safe use and maintenance of facilities,
buildings and the uses of such structures which are subject to the
New Jersey Uniform Fire Code.
6.
Considerable knowledge of the safe handling of materials which pose
a fire hazard.
7.
Considerable knowledge of modern standards for installation of fire
detection, fire alarm and suppression systems.
8.
Wide knowledge of the requirements for means of egress including
exit, access, exit discharge and exit signs.
9.
Considerable knowledge of the requirements of the New Jersey Fire
Prevention Code regulating use and occupancy of buildings.
10.
Considerable knowledge of the procedures used in the inspection and
evaluation of buildings and structures for fire hazards and fire safety.
11.
Considerable knowledge of code requirements related to fire ratings
of structural components, arrangement, sizing, protection of means
of egress, and flamespread.
12.
Considerable knowledge of the operation and maintenance of smoke
detectors and alarms.
13.
Wide knowledge of the laws and ordinances which are significant from
the fire fighting point of view.
14.
Wide knowledge of the methods likely to be effective in fighting
various types of fires.
15.
Wide knowledge of the varied kinds of fire fighting equipment and
apparatus.
16.
Wide knowledge of the location of schools, large buildings, streets
and fire alarm boxes in the municipality.
17.
Wide knowledge of the types of fire alarm communications that are
useful and feasible in the Fire Department.
18.
Wide knowledge of the procedures likely to be effective in enlisting
the support of citizens and others in taking fire precautionary measures.
g.
Ability.
1.
Ability to read, write, speak, understand or communicate in English
sufficiently to perform the duties of the position. Communication
may include such form as American Sign Language or Braille.
2.
Ability to comprehend and interpret basic laws and regulations.
3.
Ability to make inspections to determine hazardous conditions.
4.
Ability to recognize existing and potential fire safety hazards,
call these to the attention of the proper persons and prepare detailed
reports thereon.
5.
Ability to act as a witness in hearings and court procedures and
give testimony under oath.
6.
Ability to establish cooperative work relationships with local police,
fire officials, owners, agents, tenants and other interested individuals.
7.
Ability to make the required field visits, inspections and investigations.
8.
Ability to prepare inspection reports in accordance with established
procedures and guidelines.
9.
Ability to maintain required inspection and other records and files.
10.
Ability to prepare correspondence relating to the work of the agency.
11.
Ability to prepare clear, technically sound, accurate, and informative
reports containing findings, conclusions and recommendations.
12.
Ability to perform strenuous physical activities such as lifting
heavy fire fighting equipment, climbing standard and aerial ladders,
lifting and carrying people and equipment for rescue and salvage.
13.
Ability to work under conditions of heavy physical exertion in extreme
heat and dust in high and confined areas and smoke filled spaces,
and in all kinds of weather and to maintain physical activity for
prolonged periods of time.
14.
Ability to work closely with people, including functioning as a team
member, to exercise tact or diplomacy and display compassion, understanding
and patience.
15.
Ability to use and maintain fire fighting equipment and to apply
the theory necessary for effective fire fighting and equipment operation.
16.
Ability to apply the basic techniques of fighting fires and rendering
first aid.
[1973 Code § 23-21A; Ord. No. 12-14-88]
The salary for the position shall be as set forth in the annual
salary ordinance of the Town of Kearny.
[1973 Code § 23-22; Ord. No. 6-11-80]
It is hereby determined that the operation and parking of motor
vehicles in close proximity to buildings devoted for public uses including
shopping centers, stores, theatres, bowling alleys, hospitals, nursing
homes, schools, public buildings, churches, restaurants, dance halls,
multi-family dwellings and similar uses, constitutes a danger to public
health, safety and welfare in that the approach, operation and departure
of fire equipment and other emergency vehicles is impeded by such
operations and parking of motor vehicles.
The parking of motor vehicles or otherwise obstructing lanes
shall be prohibited at all times, and the fire lanes established pursuant
hereto shall be posted with signs and each lane shall be marked by
yellow striped pavement marking to that effect at the cost and expense
of the owner of the property.
[1973 Code § 23-23; Ord. No. 6-11-80; Ord. No. 2000-0-48 § 9]
The Chief Inspector/Fire Official is hereby authorized, subject
to approval by resolution, adopted by the Mayor and Town Council,
to establish fire zones on private properties in the Town of Kearny
devoted to public uses, including but not limited to shopping centers,
stores, theaters, bowling alleys, hospitals, nursing homes, schools,
public buildings, churches, restaurants, dance halls, multi-family
dwellings and similar uses, where the operation and parking of motor
vehicles in close proximity to buildings located on such properties
would prevent adequate ingress, egress and the operation of fire equipment
and other emergency vehicles.
[1973 Code § 23-24; Ord. No. 6-11-80]
All fire hydrants on private property in which a fire zone is
established, which may become covered by snow, shall have such snow
removed within three hours after the snow ceases to fall in order
to enable the Fire Department to locate the fire hydrant.
[1973 Code § 23-25; Ord. No. 6-11-80]
The fire zones to be established pursuant to subsection 19-7.2 shall be designated in such areas of such private properties as will insure fire equipment and other emergency vehicles unobstructed means of ingress and egress and operation to such properties in the event of fire or other emergency.
[1973 Code § 23-26; Ord. No. 6-11-80]
The parking of motor vehicles on all internal roads providing
ingress and egress to multi-family dwellings shall be limited to no
parking on one side of the road and "No Parking" signs shall be posted
at the expense of the owner in accordance with the direction of the
Fire Chief.
[1973 Code § 23-27; Ord. No. 6-11-80]
The number, location, width, length and marking of such fire
zones shall be determined by the Fire Chief subject to approval by
resolution adopted by the Mayor and Town Council. Such determination
and approval shall be based upon the size, type of construction and
location of the building or buildings involved; the use to which the
property, building or buildings is put; the number of motor vehicles
operated or parked upon the property; the number of persons using
and occupying the property, building or buildings; the existing means
of ingress and egress to and from the property, including the size
of the parking lot; and all other factors which are relevant to the
public health, safety and welfare of the inhabitants of the Town of
Kearny.
[1973 Code § 23-28; Ord. No. 6-11-80]
If any person shall be aggrieved by the action of the Fire Chief,
an appeal in writing to the Mayor and Town Council may be taken by
filing a Notice of Appeal with the Town Clerk. A hearing shall be
had on notice to the appellant who shall be afforded an opportunity
to be heard. After such hearing the Mayor and Council may affirm,
modify or reverse the action of the Fire Chief.
[1973 Code § 23-29; Ord. No. 6-11-80]
The Fire Chief, subject to the approval by resolution adopted by the Mayor and Town Council, is further authorized to promulgate regulations limiting, restricting or prohibiting the operation or parking of motor vehicles within the fire zones authorized to be established pursuant to subsection 19-7.2.
[1973 Code § 23-30; Ord. No. 6-11-80]
It shall be the duty of the Chief of the Fire Department or
his duly authorized representative, to enforce the provisions of this
section.
[1973 Code § 23-31; Ord. No. 6-11-80; New]
Any person violating any of the regulations to be promulgated pursuant to this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[1973 Code § 23-32; Ord. No. 6-11-80]
Any person, firm or corporation violating any Fire Lane Regulations
to be promulgated pursuant to this section shall, upon conviction
thereof, be subject to a fine of $10 not to exceed $25 fine in the
discretion of the Municipal Judge. These Fire Zones shall also be
designated as "Tow Away" zones.
[1973 Code § 23-1; Ord. No. 2000-0-48 §§ 1, 3]
A Bureau of Combustibles in the Uniformed Fire Department of
the Town of Kearny is hereby established, the Bureau of Combustibles
to be operated under the supervision of the Fire Chief of the Uniformed
Fire Department.
[1973 Code § 23-2; Ord. No. 2000-0-48 §§ 1, 2]
The position of Chief Inspector/Fire Official of the Bureau
of Combustibles in the Uniformed Fire Department of the Town of Kearny
is hereby established. Appointment to the position shall be made in
accordance with the rules and regulations of the Civil Service Commission
of New Jersey.
[1973 Code § 23-16; Ord. No. 2000-0-48 §§ 1, 2, 10]
Any person appointed to the position of Chief Inspector/Fire
Official of the Bureau of Combustibles must have the following minimum
qualifications:
a.
Grade school graduate.
b.
Familiarity with fire prevention work and ability to recognize fire
hazards.
c.
Knowledge of the laws and ordinances governing the manufacture, transportation,
storage and sale of combustibles and explosives.
d.
At least one year of experience at fire prevention work by assignment
or detail.
e.
Sound physical condition with no disabling defects.
f.
Must be a member of the Fire Prevention Bureau in the Uniformed Fire
Department of the Town of Kearny.
g.
Must hold a current New Jersey Fire Official Certificate.
[1973 Code § 23-17; Ord. No. 2000-0-48, §§ 1, 2, 10]
The Chief Inspector/Fire Official of the Bureau of Combustibles
shall be paid an annual salary.
[1973 Code § 23-4; Ord. No. 2000-0-48 §§ 1, 2]
It shall be the duty of the Chief Inspector/Fire Official of
the Bureau of Combustibles to enforce all laws and ordinances covering
the following:
a.
The prevention of fires.
b.
The storage and use of explosives and flammables.
c.
The installation and maintenance of automatic and other private fire
alarm systems and fire extinguishing equipment.
d.
The maintenance and regulation of fire escapes.
e.
The means and adequacy of exit, in case of fire, from factories,
schools, hotels, lodging houses, asylums, hospitals, churches, halls,
theaters, amphitheaters and all other places in which numbers of persons
work, live or congregate from time to time for any purpose.
f.
The investigation of the cause, origin and circumstances of fires.
[1973 Code § 23-5; Ord. No. 2000-0-48 §§ 1, 2]
The Chief Inspector/Fire Official of the Bureau of Combustibles
and the members thereof shall have such other powers and perform such
other duties as are set forth in other subsections of this section
and as may be provided by law.
[1973 Code § 23-3; Ord. No. 2000-0-48 §§ 1, 3]
The Fire Chief of the Uniformed Fire Department may assign to
the Bureau of Combustibles from time to time such members of the Uniformed
Fire Department as shall be necessary in his judgment.
[1973 Code § 23-18; Ord. No. 2000-0-48 § 1]
All promotions within the Bureau of Combustibles shall be limited
to members of the Fire Bureau and no other persons shall be eligible
for promotion in the Bureau of Combustibles.
[1973 Code § 23-15; Ord. No. 2000-0-48 §§ 1, 3, 12]
The annual report of the Bureau of Combustibles shall be made
on or before the first day of March of each year and transmitted to
the Mayor and Town Council; it shall contain all proceedings under
this section, with such statistics as the Fire Chief of the Fire Department
may wish to include therein; the Fire Chief of the Fire Department
shall also recommend any amendments to the section which, in his judgment,
shall be desirable.
