Editor's Note: This Title was previously adopted
by Ordinance of 3-1-1978
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
Whereas, the Uniform Fire Safety Act authorizes municipalities
to provide for local enforcement and to establish local enforcement
agencies for that purpose; and
Whereas, it is in the best interest of the City of Newark that
the Uniform Fire Safety Act be enforced locally; and
Whereas, the Division of Fire (formerly the Fire Department)
of the City of Newark has agreed to the plan, which is set forth herein,
for the administration and enforcement of the Uniform Fire Safety
Code.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-1]
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S.
52:27D-194, the New Jersey Uniform Fire Code shall be locally enforced
in the City of Newark.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-2; Ord. 6PSF-A(S), 1-7-2016]
The local enforcing agency shall be the Bureau of Fire Prevention
and Fire Safety Inspection in the Division of Fire of the City of
Newark.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-3]
The local enforcing agency shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted pursuant thereto in buildings,
structures and premises within the established boundaries of the City
of Newark, and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-4]
The local enforcing agency shall carry out the periodic inspections
of life hazard uses required by the Uniform Fire Code on behalf of
the Department of Community Affairs of the State of New Jersey.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-5; Ord. 6PSF-A(S), 1-7-2016]
The local enforcing agency shall be a part of the Department
of Public Safety of the City of Newark and shall be under the supervision
and control of the Director of the Department of Public Safety and
Chief of the Division of Fire of the City of Newark.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-6; Ord. 6PSF-A(S), 1-7-2016]
The local enforcing agency shall be under the direct supervision
of a Fire Official who shall be the Officer in Charge of the Bureau
of Fire Prevention and Fire Safety Inspection in the Division of Fire
of the City of Newark. The Fire Official shall serve at the discretion
of the Director of the Department of Public Safety.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-7; Ord. 6PSF-A(S), 1-7-2016]
Such inspectors and other employees as may be necessary for
the local enforcing agency to properly fulfill its responsibility
shall be assigned by the Director of the Division of Fire upon the
recommendation of the Chief of the Division of Fire.
[Ord. 6 S+FD, 8-7-1985 § 11AA:1-8]
Pursuant to Sections 15 and Section 17 of the Uniform Fire Safety
Act, any person aggrieved by any order of the local enforcing agency
shall have the right to appeal to the Construction Board of Appeals
for the County of Essex.
[Ord. 6 S+FD, 8-7-1985; Ord. 6 S+FD, 12-14-1988; Ord. 6 S+FF, 10-18-1989; 11AA:1-9; Ord. 6 PSF-B 2-18-2015; Ord. 6PSF-A(S), 1-7-2016; Ord. 6 PSF-C, 10-5-2016]
a.
All permits expire one year from date of issue, unless otherwise
stated. Permits are nontransferable. Any change in use or occupancy
shall require a new permit.
b.
In addition to the inspection and fees required pursuant to the Uniform
Fire Safety Act and the regulations of the Department of Community
Affairs, the following permits and fees shall be required:
1.
Bowling establishments. (Including storage of combustibles on premises:
$170.
3.
Combustible or flammable liquids, solvents, etc., for storage and
resale Up to 660 gallons: $100.
5.
Fats and oils (edible) up to 660 gals. Storage and use: $75.
6.
Storage of Combustible Materials Ordinary combustibles in retail
stores, mercantile stores, drug stores, storage facilities (warehouses),
etc.
7.
Parking stations and automobile sales site (open air).
(a)
Capacity: one to 25 cars or trucks: $75.
(b)
Capacity: 25 to 100 cars or trucks: $100.
(c)
Capacity: 101 to 200 cars or trucks: $150.
(d)
Capacity: 201 to 225 cars or trucks: $200.
(e)
Capacity: 226 to 300 cars or trucks: $250.
(f)
Capacity: 301 or more cars or trucks: $300 plus an additional
$50 for each additional 100 cars or trucks beyond 300.
8.
Portable, flammable and combustible liquid tanks (drums) up to 600
gallons: $50.
10.
12.
Storage of highly toxic materials.
(a)
Up to 1 gallon or 4 liters of liquid: $100.
(b)
Up to 1 lb. of solid (poisonous or toxic material): $100.
(c)
Over 1 gallon or 4 liters up to 10 gallons or 40 liters of liquid:
$300.
(d)
Over 1 lb. up to 10 lbs. of solid (poisonous or toxic material):
$300.
(e)
Over 10 gallons or 40 liters of liquid: $500.
(f)
Over 10 lbs. solid (poisonous or (toxic material): $500.
13.
Storage of poisonous gases in any amount: $500.
14.
Duplicate copy of photographs: $10.
15.
Duplicate copy of fire report: $10.
16.
Written verification of fire (for tax purposes, etc.): $5.
17.
Bonfires: $50.
18.
The use of a torch or flame-producing device to remove paint from
or seal membrane roofs, on any building or structure: $50.
20.
Individual portable kiosks or displays when erected in a covered
mall for a period of less than 90 days, using 25% or less of the common
area: $170.
21.
The use of any open flame or flame producing device, in connection
with any public gathering, for purposes of entertainment, amusement,
or recreation in places of public assembly: $170.
22.
Welding or cutting operations except where the welding or cutting
is performed in areas approved for welding by the Fire Official and
is registered as Type B Life Hazard Use: $170.
23.
The possession or use of explosives or blasting agents, other than
model rocketry engines regulated under N.J.A.C. 12:194: $500.
24.
Helistops: $200.
25.
The occasional use in any buildings of a multipurpose room, with
a maximum permitted occupancy of 100 or more for amusement, entertainment
or mercantile type purposes: $100.
26.
Bowling lane resurfacing and bowling pin refinishing involving the
use and application of flammable liquids or materials: $170.
27.
Fumigation or Thermal insecticide fogging: $170.
28.
Membrane covered, cable and air supported structures covering an
area in excess of 120 square feet erected for a period of less than
90 days: $100.
30.
The use of a covered mall in any of the following manners:
(a)
Placing or constructing temporary kiosks, display booths, concession
equipment or the like in more than 25% of the common area of the mall:
$170.
(b)
Temporarily using the mall as a place of assembly: $170.
(c)
Using open flame or flame devices: $170.
(d)
Displaying liquid or gas fueled powered equipment: $170.
(e)
Using liquefied petroleum gas, liquefied natural gas, and compressed
flammable gas in containers exceeding 5 pound capacity: $170.
31.
Industrial processing ovens or furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400° F.
which are heated with oil or gas fuel or which contain flammable vapors
from the product being processed: $340.
32.
Wrecking yard or junk yard: $340.
33.
Storage or use at normal temperature and pressure of more than 2,000
cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable
compressed gas: $500.
34.
The production or sale of cryogenic liquids; the storage or use of
more than 10 gallons of liquid oxygen, flammable cryogenic liquids
or cryogenic oxidizers; or the storage of more than 500 gallons of
non-flammable, nontoxic cryogenic liquids: $500.
35.
The storage, handling, and processing of flammable, combustible,
and unstable liquids in containers and portable tanks as required
by N.J.A.C. 5:70 sub-chapter 3: $500.
36.
To store or handle (except medicines, beverages, food-stuffs, cosmetics,
and other common consumer items, when packaged according to commonly
accepted practices):
(a)
More than 55 gallons of corrosive liquids: $500.
(b)
More than 500 pounds of oxidizing materials: $500.
(c)
More than 10 pounds of organic peroxides: $500.
(d)
More than 500 pounds of nitromethane: $500.
(e)
More than 1,000 pounds of ammonium nitrate: $500.
(f)
More than one microcurie of radium not contained in a sealed
source: $500.
(g)
More than one millicurie of radium or other radiation material
in a sealed source or sources: $500.
(h)
Any amount of radioactive material for which a specific license
from the Nuclear Regulatory Commission is required: $500.
(i)
More than 10 pounds of flammable solids: $500.
37.
Any installation of liquefied petroleum gas or liquefied natural
gas utilizing storage containers of over 2,000 gallons individual
water capacity or with an aggregate water capacity exceeding 4,000
gallons: $500.
38.
The melting, casting, heat treating, machining or grinding of more
than 10 pounds of magnesium per working day: $500.
39.
Heliports: $500.
40.
Airports: $1,000.
41.
Fireworks: $500.
The completed application shall be submitted (45 days prior
to the event or a late filing charge shall be assessed as follows:
(a)
31 to 44 days prior to the event: $50.
(b)
16 to 30 days prior to the event: $100.
(c)
10 to 15 days prior to the event: $150.
(d)
Less than 10 days prior to the event: $250.
The following shall be submitted with the application for a
firework permit:
(1)
Site plan.
(2)
A surety in the form of certified check or money order payable
to the Newark Division of Fire in the sum of $2,500 conditioned for
payment of all damages to persons or property by reason of the display.
(3)
Certification of insurance naming the City of Newark as co-insured
stating that the insured shall indemnify the City of Newark and hold
the City of Newark harmless in the amount of $1,000,000.
42.
As per N.J.A.C. 5:70-2.7 upon request of the owner or bonafide purchaser
of a building or structure, the Division of Fire shall issue a certificate
of fire code status either enumerating the violations indicated by
its records, or stating that its records indicate that no violations
remain unabated and no penalties or fees remain unpaid. A purchaser
of a property not having obtained a certificate stating that there
are no unabated violations of record and no unpaid fees or penalties
shall be deemed to have notice of all violations of record and shall
be liable for the payment of all unpaid fees or penalties. The fee
for the certificate of fire code status shall be $50.
43.
Storage of hazardous materials.
(a)
An annual permit is hereby required for the handling or storage
of any hazardous materials, as that term is defined by the United
States Department of Transportation as may be amended from time to
time.
(b)
The annual fee for said permit shall be equal to the amount
of the permitee's annual hazardous material on-site combined
(aggregate) tank, drum, or other type of storage container, either
stationary or mobile, at a rate equal to 1/2 per gallon, pound or
standard cubic foot, as appropriate for the type of hazardous material
involved.
(c)
The Director of Public Safety is charged with the administration
of this provision, and is empowered to prescribe, adopt or promulgate
and enforce rules and regulations relating to any matter pertaining
to the administration of this provision.
c.
Any premises that is registered as a life hazard use, in accordance
with subchapter 2 of the New Jersey Uniform Fire Code, shall not require
storage type permits.
[Ord. 6 S+FD, 8-7-1985]
a.
Sections F316.2.1, F-316.2.2 and F-316.2.3 of the New Jersey Uniform
Fire Code are amended as follows:
F-316.2.1 Sales of Portable Kerosene Appliances: It shall be
unlawful in the City of Newark for any person to offer for sale, expose
for sale, sell, possess or use any portable gasoline, kerosene, or
other portable gasoline, kerosene, or other portable appliances using
liquid fuels for cooking or heating.
F-316.2.2 Sale of Fixed Kerosene Appliances: It shall be unlawful
in the City of Newark to offer for sale, expose for sale, sell, possess
or use any fixed kerosene or other liquid fuel burning stove or heater,
or appliances, for cooking or heating purposes, unless one such stove,
heater or appliance has been listed by the Underwriters' Laboratories
or is one of equal kind and structure approved by the Fire Director
or his designee.
F-316.2.3 Containers for Kerosene: Containers for kerosene shall
be either of a plastic or metal construction with fill and vent openings.
The container shall be blue with white lettering. The word "kerosene"
shall be displayed around the perimeter of the container.
b.
Sections F-412.0, F-412.1 and F-412.2 are hereby added to the Fire
Code as follows:
F-412.0 Residential Smoke Detectors.
F-412.1 General: All existing residential uses, as defined by
the building code listed in Appendix A, shall be provided with a minimum
of one approved smoke detector in the sleeping area, guest room or
suite of a hotel, motel, lodging house, boarding house or residential
dwelling unit. Each detector shall be installed in accordance with
NFiPA 72E or NFiPA 74 listed in Appendix A. When actuated, the smoke
detector shall provide an alarm suitable to warn the occupants within
the individual room or unit.
F-412.2 Tampering: Any tampering or interfering with the effectiveness
of a smoke detector shall be in violation of this code.
