[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]
[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:
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.
