[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan 9-7-2021 by Ord. No. 1193-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 131,
Fire Prevention, adopted by Ord. No. 696-99, as amended.
A.
Adoption; local enforcement. The New Jersey Uniform Fire Code, consisting
of the BOCA Basic/National Fire Prevention Code 1996, including all
subsequent revisions and amendments thereto, as modified by N.J.A.C.
5:70-3.2, shall be locally enforced in the Borough of Old Tappan.
B.
Public record. Copies of the aforementioned code shall be filed in
the Bureau of Fire Prevention.
C.
FIRE INSPECTOR
FIRE OFFICIAL/FIRE MARSHAL
LOCAL ENFORCING AGENCY
Definitions. For the purpose of this chapter, the following words
shall have the definitions as set forth hereinafter:
The person working under the direction of the Fire Official/Fire
Marshal who is certified by the Commissioner of the Department of
Community Affairs and appointed or designated to enforce the code
by the appointing authority of a local enforcing agency.
The person certified by the Commissioner of the Department
of Community Affairs and appointed or designated to direct the enforcement
of the code by the appointing authority. This term shall also include
"Fire Marshal" where the Fire Official has been appointed pursuant
to N.J.A.C. 5:71-3.2.
The Bureau of Fire Prevention established pursuant to § 131-2A hereinafter.
A.
Establishment. There is hereby established a Bureau of Fire Prevention
in the Borough of Old Tappan which shall be operated under the supervision
of the Fire Official/Fire Marshal. The New Jersey Uniform Fire Code
shall be enforced by the Bureau of Fire Prevention as herein provided.
B.
Fire Official/Fire Marshal. The Fire Official/Fire Marshal shall
be in charge of the Bureau and shall be appointed by the Mayor and
Council.
C.
Duties. The Bureau is hereby designated as the local enforcing agency of the code and shall enforce the code in all buildings, structures and premises within the established boundaries of the Borough, other than owner-occupied one-and two-family dwellings, including the periodic inspections of life-hazard uses on behalf of the Commissioner of Community Affairs. The Bureau shall also collect all fees for registration of non-life-hazard uses and permits as set forth in the code and § 131-5.
D.
Appointments; term of office; removal.
(1)
Fire Official/Fire Marshal. The person in direct charge of the supervision of the Bureau shall be appointed in accordance with the provisions of Subsection D. The Fire Official/Fire Marshal shall meet the following qualifications in order to be appointed:
(2)
Inspectors and employees. Such inspectors and other employees as
may be necessary to carry out the duties and responsibilities of the
Bureau shall be appointed by the Mayor and Council upon the recommendation
of the Fire Official/Fire Marshal. Any inspector employed by the Bureau
of Fire Prevention shall be certified pursuant to the New Jersey Uniform
Fire Code.
(3)
Term of office. The Fire Official/Fire Marshal and all employees
of the Bureau shall be appointed for a term of two years commencing
on January 1 of the year of appointment.
(4)
Removal from office.
(a)
The Fire Official/Fire Marshal shall not be removed from office
or employment for political reasons or for any other cause than incapacity,
misconduct, suspension and/or revocation of certification as a fire
official or disobedience of the rules and regulations established
for the government of the Bureau of Fire Prevention.
A report of the Bureau shall be made annually and transmitted
to the Fire Commissioner. It shall contain all proceedings under the
code, with such statistics as the Fire Official/Fire Marshal may wish
to include.
Pursuant to N.J.S.A. 52:27D-124 and N.J.S.A. 52:27D-198, any
person aggrieved by any ruling, action, or notice of the Bureau of
Fire Prevention shall have the right to appeal same to the Construction
Board of Appeals of the Borough of Old Tappan. Such an appeal shall
be prosecuted in the manner provided by N.J.A.C. 5:70-2.19 et seq.
A.
In addition to life-hazard use fees pursuant to the New Jersey Uniform
Fire Code, the additional registration fees relative to the non-life-hazard
uses as set forth hereinabove shall be required annually. Fees shall
be billed out in January or upon date of initial registration and
shall be due no later than 30 days from the issuance of the bill,
with a late charge equal to the original fee.
B.
Any and all business and commercial retail or other premises for
which provision is not made for a life-hazard use registration under
the code. The fees charged for non-life-hazard use registrations pursuant
to this section shall be:
A.
Purpose. The purpose of this section is to establish a procedure
to define fire lanes and to establish and provide adequate and safe
ingress and egress for emergency vehicles and provide certain penalties
for the unlawful parking therein.
B.
Fire lanes and fire zones.
(1)
Required. The Fire Official/Fire Marshal may require and designate
public or private fire lanes and fire zones as deemed necessary for
the efficient and effective operation of fire apparatus.
(2)
Width. Fire lanes shall have a minimum width of 20 feet. Fire zone
size shall be determined by the Fire Official/Fire Marshal.
C.
Designation of fire lanes and fire zones.
(1)
Markings. The fire lanes and zones established by Subsection B shall be striped and lettered in yellow either "No Parking Fire Lane" or "No Parking Fire Zone" on the paved surface. The size of the fire lane or zone and the details of the lines and lettering shall be determined by the Police Chief and the FireOfficial/Fire Marshal of the Borough.
(2)
Posting. The fire lanes or fire zones shall be appropriately posted
with metal signs indicating "No Parking Fire Lane" or "No Parking
Fire Zone." The signs shall further indicate the size and dimensions
of the fire lanes or zones wherever deemed necessary by the Police
Chief and the Fire Official/Fire Marshal. The signs shall be of such
design, quality and lettering as required by New Jersey statutes governing
same. The Police Chief and Fire Official/Fire Marshal of the Borough
shall determine the number and placement of signs and shall approve
the design, quality and lettering.
(3)
Cost. The owner of the property shall, at his/her expense, cause
the proper creation of the fire lanes or zones, including the striping,
lettering and installation of signs.
D.
Parking.
(1)
Parking prohibited. No person shall at any time park a motor vehicle
or in any other manner obstruct any driveway or area designated as
a fire lane or zone pursuant to this section.
(2)
Penalties. Unless another penalty is expressly provided for by New Jersey statutes, any person convicted of a violation of this Subsection D shall be subject to a fine of not less than $75 nor more than $250. In addition, the Police Department shall have the authority to cause any vehicle found in violation of this Subsection D to be towed and stored at the expense of the owner of the vehicle.
E.
Enforcement. The Police Department, concurrently with the Fire Prevention
Bureau, shall have jurisdiction for enforcing this section.
Any existing red light which gives notice of a Fire Department
connection (FDC) for building sprinklers or standpipes shall be illuminated
at all times.
It shall be a violation of this chapter for any person, firm,
corporation, owner, tenant or person responsible for a given structure
or premises to fail to immediately notify the Fire Department and
immediately evacuate the entire structure when and if the following
conditions are present:
A.
The fire alarm or carbon monoxide (CO) alarm is activated.
B.
There is smoke in the structure.
C.
An explosion has occurred.
D.
There is a fire in, on, or near, the structure.
E.
There is an uncontrolled fire on the premises, including brush fires,
rubbish fires, outside appliances, or vehicle.
F.
There is a collapse of the structure endangering the occupants.
G.
There is a utility emergency, including arching/sparking wires, gas
leak, or uncontrollable water leak.
H.
Any fire-protection system (sprinklers, etc.) is activated.
I.
Whenever a hazardous or flammable material is spilled, leaked or
exposed and has the potential to endanger the occupants on the premises.
J.
Upon the order of the Chief of the Fire Department, Fire Marshal,
or the Incident Commander of the scene.
A.
Unlawful to block. It shall be unlawful to block, obstruct, obscure,
or damage any hydrant, Fire Department connection (FDC), or hydrant
locator wands that are located on public or private streets and access
lanes or on private property. A four-foot radius from any hydrant
or Fire Department connection must be kept clear of any objects. "Objects"
are defined as, but not limited to:
B.
Clearing of snow. The owner of any real property abutting any fire
hydrant(s) shall be responsible for clearing hydrants. Hydrants shall
be cleared a minimum of 36 inches in all directions, including access
path necessary for the connecting of hose lines and operation of the
hydrant. Fire hydrants shall be cleared of snow within 24 hours of
coverage. In the event additional snow is deposited around a cleared
hydrant after initial clearing by plowing or subsequent storm activity,
an additional twenty-four-hour period may be granted to remove the
additional accumulation. If the responsible party fails to comply
in the specified time, the municipality of any department thereof
may perform the clearance and bill the responsible party not more
than $75 for the service. Any persons physically incapable of performing
this task may request assistance from the Fire Department or the Department
of Public Works.
C.
Use of fire hydrants. A person shall not use or operate any fire
hydrant intended for use of the Fire Department unless such person
secures written permission from United Water, the Fire Official/Fire
Marshal, or the Fire Chief. This section shall not apply to the use
of such hydrants by a person employed by United Water, the Borough
of Old Tappan, the County of Bergen, or the State of New Jersey.
D.
Penalty. Unless another penalty is expressly provided for by ordinance or New Jersey statutes, any person convicted of a violation of § 131-9 shall be subject to a fine of not less than $100. Each day that the owner, tenant or occupant fails to satisfy the obligation of this section shall constitute a separate violation.
A.
The Fire Official/Fire Marshal may require the installation of a
Knox-Box® in an approved location under
the authority of N.J.A.C. 5:70-3.2(a)5, Section 506.1.
B.
All properties, exempting owner occupied single- and two-family dwellings,
within the Borough of Old Tappan, where access to or within a structure
or an area is unduly difficult because of secured openings or where
immediate access is necessary for life saving or firefighting purposes,
the Fire Official/Fire Marshal, Fire Chief or duly authorized representative
may require that a rapid-entry key box be installed in an accessible
location. The owner, tenant, occupant, or other person(s) responsible
for the property shall bear the cost of the key box and installation.
C.
The following buildings or structures shall be equipped with a key
lock box:
(1)
Commercial, industrial, and mercantile structures protected by an
automatic alarm, fire sprinkler, or fire suppression system, or such
structures that are secured in a manner that restricts access during
an emergency.
(2)
All shopping centers and strip malls.
(3)
Multifamily residential structures that have restricted access through
locked doors and have a common corridor for access to the living units.
(4)
Hotels, motels, nursing care facilities.
(5)
All educational and day-care buildings or structures.
(6)
All office buildings and structures.
(7)
All buildings and structures of public assembly, including churches
and restaurants.
(8)
Any high hazard occupancy.
(9)
Any building or structure 12,000 square feet or more in size.
(10)
Any location where the Fire Official/Fire Marshal or Fire Chief
deem it necessary at any non-single-family location.
D.
The accessible location shall be within five feet of the front or
main entrance to the building and six feet above ground level or other
location with approval of the Fire Official/Fire Marshal.
E.
Where a building or structure contains multiple tenants and/or individual
occupancies, the Fire Official/Fire Marshal may permit for a single
key box to be installed. The owner or other person(s) responsible
of the property shall ensure that access keys are provided for each
individual tenant's space.
F.
The key box shall include keys or entry codes to allow access to
the premises as well as to boiler rooms, sprinkler control valves,
electrical rooms, elevators and elevator control rooms, and other
locked areas of the premises as may be required by the Fire Official/Fire
Marshal or Fire Chief. The owner or operator of a structure required
to have a key lock box shall, at all times, keep current keys in the
lock box.
G.
The Fire Official/Fire Marshal shall prescribe specifications as
to the required rapid entry box and key system.
H.
This chapter shall take effect upon its final passage and publication
as required by law. All owners, tenants, and/or occupants subject
to this chapter shall have one year from the effective date to comply
with the provisions of this chapter.
I.
The requirement for newly installed key boxes will be at the discretion
of the Fire Official/Fire Marshal. Newly installed key boxes shall
be required at all changes of use or property ownership.
J.
Failure to comply after given notice by the Fire Official/Fire Marshal
shall require penalties as set forth in the New Jersey Uniform Fire
Code.
A.
Except for violations that are subject to the enforcement proceedings
under the Uniform Fire Code, any person who shall violate any of the
provisions of the code hereby adopted or fail to comply therewith,
or who shall violate or fail to comply with any order made thereunder,
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken,
or who shall fail to comply with such an order as affirmed or modified
by a court of competent jurisdiction, within the time fixed herein,
shall severally for each and every such violation and noncompliance,
respectively, be guilty of a misdemeanor punishable by a fine of not
more than $1,000 or by imprisonment for not more than 90 days, or
both such fine and imprisonment.
B.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects within
a reasonable time, and, when not otherwise specified, each 10 days
that prohibited conditions are maintained shall constitute a separate
offense.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
A.
Definition. "Fire watch" is defined as a temporary measure ordered
by the Old Tappan Bureau of Fire Prevention intended to insure continuous
and systematic surveillance of and response to the Borough or a portion
thereof, or a building or portion thereof, by one or more qualified
individuals, for the purpose of identifying and controlling fire and
other life/property hazards, detecting early signs of an unwanted
fire, raising an alarm of fire to the occupants, notifying the Old
Tappan Fire Department and engaging in firefighting or other emergency
response.
B.
Initiation; scope; liability for costs. A fire watch may be ordered
by the Fire Official, or in his/her absence any member of the Bureau
of Fire Prevention or the ranking Fire Department officer present.
A fire watch may be posted in any portion of the Borough in public
and privately owned buildings and/or properties. A fire watch may
be required and shall be paid for by a building owner, tenant, lessee,
or organization under the following circumstances:
(1)
Where, in the opinion of the Fire Official, it is essential for public
safety in a place of assembly or any other place where people congregate,
because of the number of persons, or the nature of the performance,
exhibition, display, contest or activity; or
(2)
Where a required fire-protection system is out of service, the Fire
Department and the Fire Official shall be notified immediately, and
where the Fire Official determines that an imminent hazard exists
pursuant to N.J.A.C. 5:70-2.16, the building shall be either evacuated
or an approved fire watch shall be provided for all occupants left
unprotected by the shutdown until the fire-protection system has been
returned to service; or
(3)
Where required by the Fire Official during working hours for building
demolition or building construction that is hazardous in nature; or
(4)
Where required by the Fire Official during nonworking hours for new
construction of buildings taller than 40 feet in height or with an
aggregate area exceeding 50,000 square feet; or
(5)
Where required by the Fire Official during hot work activities based
on the hazards and work being performed; or
(6)
Where requested by the building owner, tenant, lessee, or organization
for special event or activity not included above.
C.
Services or requirements during watch. A fire watch may include firefighting,
rescue, recovery, and other emergency responses; the maintaining of
posted fire lanes, means of egress, and posted occupancy loads; enforcement
of no smoking in posted areas; area and building surveillance; checking
for proper permits; inspecting for proper safety precautions of cooking
equipment; and such other functions as required by the Fire Official
or his assigned designee.
D.
Individuals authorized to perform watch. The Bureau of Fire Prevention
shall create a list of individuals authorized pursuant to N.J.A.C.
5:73-1.1 et seq. to perform a fire watch and available to the Borough
for a fire watch, should one be deemed necessary. Any qualified individuals
used for the purposes of a fire watch shall report directly to the
Fire Official or his/her assigned designee. Persons on fire watch
duty shall be paid by the Borough. Whenever possible, the subject
building owner shall be given notice of the cost for the fire watch
prior to the service and shall have the option to utilize its own
private personnel to perform the fire watch, so long as the personnel
are approved by the Fire Official to perform the fire watch.
E.
Rates.
(1)
All fire watch services ordered for the benefit/protection of private
property shall be paid to the Borough at the rate of $40 per hour
per person, and there shall be a minimum payment of four hours per
staff member. Fire watch staff will be compensated at the rate established
for Fire Inspectors in the Borough Salary Ordinance.
F.
Payments. All payments shall be made within 10 days after service
is provided. Payments shall be made payable to the Borough of Old
Tappan - Bureau of Fire Prevention.
G.
Fire Watch Fund. Fire Prevention, in conjunction with the Borough's
Chief Financial Officer, shall establish a Fire Watch Fund for payments
under this chapter. This fund shall be solely for payment of fire
watches under this chapter. Surplus funds in this account after compensating
fire watch staff may be used at the discretion of the Fire Official.
