[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 7/9/85, 9/9/86, 8/9/89 and 01-00.
[Ord. No. 01-07, Preamble]
The Uniform Fire Code Safety Act, (P.L. 1983, c. 383) was enacted for the purpose of establishing a system of minimum fire safety standards throughout the State of New Jersey. The State of New Jersey Department of Community Affairs has promulgated minimum fire safety standards which have been made part of the Uniform Fire Code (N.J.A.C. 5:70.1 et seq.). The Uniform Fire Safety Act authorizes municipalities to provide for local enforcement of these standards and to establish local enforcement agencies for that purpose. It is in the best interest of the Borough of East Newark to have the Uniform Fire Code enforced locally. The local fire service has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Code.
[Ord. No. 01-07 § 1]
Pursuant to Section 1 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the Borough of East Newark, New Jersey.
[Ord. No. 01-07 § 2]
The local enforcing agency shall be the East Newark Fire Department through its Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire Prevention shall herein after be known as the local enforcing agency.
[Ord. No. 01-07 § 3]
a. 
The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the boundaries of the Borough of East Newark, New Jersey other than one and two unit owner occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by Federal Government Interstate Agencies or the State of New Jersey.
b. 
The local enforcing agency shall faithfully comply with all pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. No. 01-07 § 4]
a. 
The Bureau of Fire Prevention established in subsection 17-1.3 of this chapter shall be under the direct supervision and control of a Fire Official who shall report to the Chief of the Fire Department. The Fire Official shall also submit a monthly report to the Mayor and Council.
b. 
The Bureau of Fire Prevention shall have at least one paid inspector.
[Ord. No. 01-07 § 5]
a. 
Appointment and Qualifications of the Fire Official. The Fire Official shall be certified by the State of New Jersey and appointed by the Governing Body from a list of three names submitted by the Chief of the Fire Department.
b. 
Appointment and Qualifications of Inspectors and Other Employees. Inspectors and other employees of the enforcing agency shall be appointed by the Governing Body upon recommendation of the Fire Official. All Life Hazard Inspectors shall be certified by the State of New Jersey.
c. 
Appointment of Legal Counsel. The Governing Body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.
d. 
Term of Office. The Fire Official shall serve for a term of minimum of one year. Any vacancy shall be filled for the unexpired term.
The Fire Official, Inspectors, and other employees of the agency shall be subject to removal by the Chief of the East Newark Fire Department for inefficiency or misconduct. Any person to be removed by the Chief of the East Newark Fire Department for inefficiency or misconduct shall be afforded an opportunity to be heard by the Mayor and Council, who may modify, reverse or uphold the decision of the Chief.
[Ord. No. 01-07 § 6]
The Bureau of Fire Prevention established by subsection 17-1.3 of this chapter shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Ord. No. 01-07 § 7]
a. 
In addition to registrations required by the Uniform Fire Code, the following non-life hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year (or once every two, three, four, or five years) and pay an annual fee. The fee schedule amount for each non-life hazard use may be amended to fit the needs of the local enforcing agency. The fee is not to be used for life hazard uses as defined in the Uniform Fire Code.
Use Group Fee Schedule
A.
Assembly
A-1
Eating establishment under 50
$25
A-2
Take-out food service (no seating)
$25
A-3
House of Worship
$25
B.
Business Professional
B-1
Professional use 1 and 2 story or less than 5,000 square feet per floor
$25
B-2
1 and 2 story more than 5,000 square feet but less than 10,000 square feet per floor
$50
B-3
1 and 2 story more than 10,000 square feet
$75
B-4
3 to 5 story less than 5,000 square feet
$100
B-5
3 to 5 story more than 5,000 square feet
$150
B-6
3 to 5 story over 10,000 square feet
$200
C.
Retail (Mercantile)
M-1
1 and 2 story less than 5,000 square feet per floor
$125
M-2
1 and 2 story more than 5,000 square feet but less than 10,000 square feet per floor
$150
M
with the exception of hardware stores 3,000 square feet is a Life Hazard
M
with the exception of retail store over 12,000 square feet is a Life Hazard
D.
Manufacturing (Factory)
F-1
1 and 2 story less than 5,000 square feet per floor
$75
E.
Exception Life Hazard Uses
S
Storage S-1 (Moderate Hazard S-1, Low Hazard S-2)
S-1
1 and 2 story less than 5,000 square feet
$50
F.
Residential (LEA Listed With Multifamily BHI)
Fees for each building
R-1
1 to 6 units
$25
R-2
7 to 12 units
$50
R-3
13 to 20 units
$75
R-4
21 to 50 units
$100
R-5
for each additional unit
$2
R
Common Area (Each Building)
R-1
1 and 2 story less than 5,000 square feet per floor
$50
R-2
1 and 2 story more than 5,000 square feet less than 10,000 square feet
$75
R-3
1 and 2 story more than 10,000 square feet
$100
R-4
3 to 5 story less than 5,000 square feet per floor
$125
R-5
3 to 5 story more than 5,000 square feet but less than 10,000 square feet per floor
$150
R-6
3 to 5 story over 10,000 square feet
$200
b. 
R-A uses shall be inspected and charged a fee only upon sale in change of tenant.
c. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
d. 
Uses require to register with the State as Life Hazard uses shall not be required to register under this section.
e. 
In the discretion of the Fire Official, vacant buildings will be charged and inspected according to the previous use of the building.
f. 
All residential uses except R-A uses shall be inspected in common areas only.
[Ord. No. 01-07 § 8; amended 6-12-2019 by Ord. No. 07-2019]
a. 
The application fees for the permits listed in N.J.A.C. 5:70-2.7(b) shall be provided by the state regulations and are currently as follows:
1. 
Type 1: $52.
2. 
Type 2: $176.
3. 
Type 3: $350.
4. 
Type 4: $500.
b. 
The application fees for the permits listed in N.J.A.C. 5:70-2.9(c) shall be provided by the state regulations and are currently as follows:
1. 
Type :1 $54.
2. 
Type 2: $214.
3. 
Type 3: $427.
4. 
Type 4: $641.
c. 
The application fee for a certificate of fire code status and/or inspection for any building and/or premises for the purpose of obtaining a certificate of occupancy for the Borough of East Newark Building Department shall be $50.
[Ord. No. 01-07 § 9]
(Reserved)
[Ord. No. 01-07 § 10]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by an action of the local enforcing agency shall have the right to appeal to the local construction board of appeals. (If no body exists, appeals shall be made to the County Construction Board of Appeals).
[Ord. No. 03-96 § 12-2.1]
As used in this section:
KEY LOCK BOX
Shall mean a secured device installed in the exterior wall of a building into which are placed keys to the premises to which the Fire Department has access by use of a master key.
[Ord. No. 03-96 § 12-2.1]
All buildings containing fire alarm systems and/or fire suppression systems and/or buildings where visual inspection for the presence of a fire is obstructed and/or buildings with rolled down guards attached or any other building when, in the opinion of the Fire Official, there is a need for immediate access in the event of a fire, a "key lock box" shall be installed.
[Ord. No. 03-96 § 12-2.2]
Key lock boxes shall contain keys of entry into the building and any other keys deemed necessary by the Fire Official to ensure that adequate visual inspection and access are provided in the event of fire or other emergency when access into the building is not readily available.
[Ord. No. 03-96 § 12-2.3]
All key lock boxes shall be installed at the expense of the owner of the property or the lessee of the property and all keys contained therein shall be kept current.
[Ord. No. 03-96 § 12-2.4]
All keys in the key lock box shall be clearly and properly labeled so as to identify the lock for which each key is identified.
[Ord. No. 03-96 § 12-2.5]
The property owner and/or lessee of the property which is covered by this ordinance shall install a key lock box in said building within six months from the effective date of this section.
[Ord. No. 03-96 § 12-2.6]
Any property owner or lessee of property who fails to install a key lock box within 30 days after receipt of written notice from the Fire Official to install a key lock box shall be subject to a fine as imposed by the Fire Official.
[Ord. No. 03-96 § 12-2.7; New]
This section shall not be applicable to and not binding upon those buildings or premises designated as residential.
[Ord. No. 5/14/03 § 1]
a. 
Requirement, Designation. The Fire Official may require and designate public or private fire lanes as deemed necessary for the efficient and effective use of the fire apparatus, access for firefighting or the egress of occupants.
b. 
Markings. The owner shall, within 30 days of being given notice to do so by the Fire Official, mark the lane as follows:
1. 
Signs constructed of metal and with raised red letters a minimum of two inches in size on a white background with the wording "NO PARKING FIRE LANE" shall be posted. Spacing of the signs shall be even, with a minimum of one sign for every 100 feet of fire lane or part thereof, or as ordered by the Fire Official; and
2. 
The area of the fire lane on improved areas shall be delineated along its entire circumference with yellow lines four inches in width. Within the yellow lines shall be marked "NO PARKING FIRE LANE" in yellow letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the Fire Official. The inside of the fire lane shall be further marked with diagonal striping yellow in color and four inches in width spaced at intervals of five feet. If the designated fire lane abuts a curb, the curbing shall be yellow in color where it abuts the fire lane.
c. 
Size. The width and length of the fire lanes for vehicle access shall be determined by the Fire Official. Such determination shall be based upon the size and 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.
d. 
Notification. Once a fire lane has been designated by the Fire Official and properly marked by the owner of the premises, the Fire Official shall notify the Police Department, Construction Code Agency and Municipal Court Clerk in writing of the existence and location of the designated fire lane.
e. 
Restricted Access. Gates, chains or other methods utilized to prevent unauthorized access to fire lanes shall be approved by the Fire Official prior to installation.
f. 
Installation, Maintenance. Fire lanes shall be installed and maintained by the owner of the premises in conformance with the provisions of this section. Fire lanes in existence prior to the enactment of this section shall be required to conform to the provisions herein at the discretion of the Fire Official.
g. 
Obstructions. Designated fire lanes shall be maintained free of obstruction and vehicles at all times.
h. 
Parking, Stopping or Obstruction. No person, firm or corporation shall park or stop any vehicle or place any obstruction in or upon any fire lane.
i. 
Removal/Enforcement. The Police Department shall enforce this section which shall include the authority to remove or have removed such obstructions or vehicles as may violate subsection 17-3.1h at the expense of the owner of the premises in the case of obstructions or at the expense of the owner of the vehicle.
[Ord. No. 5/14/03 § 2]
All fire lanes in existence prior to the adoption of this section shall be properly maintained and shall be enforceable under subsection 17-3.1f. For the purpose of this section, the terms "fire zone" and "fire lane" shall be interchangeable.
[Ord. No. 5/14/03 § 3]
Any person, firm or corporation in violation of this section shall be subject to a fine of not less than $50 nor more than $500, or imprisonment for a period of not more than 30 days, or both.