The Uniform Fire Safety Act (P.L. 1983, c. 383)[1] was enacted for the purposed of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey. The New Jersey Department of Community Affairs has promogulated minimum fire safety standards which have been made a part of the Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.). The Uniforms 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 City of Garfield 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983 c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et seq.) shall be locally enforced in the City of Garfield. The local enforcing agency shall be the Garfield Fire Prevention Bureau in coordination with the Garfield Fire Department.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
A. 
The local enforcing agency, under the direction and control of the Fire Official, shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the City of Garfield, other than one- or two-family, owner-occupied buildings used exclusively for dwelling purposes and any buildings, structures, and premises owned or operated by the federal government, interstate agencies, or the State of New Jersey. The Fire Official shall be appointed by the Garfield City Manager upon recommendation of the Mayor and Council. The Fire Official shall report to and be subject to supervision and control of the Garfield City Manager.
B. 
The local enforcing agency, under control and direction of the Garfield Fire Official, shall faithfully comply with all of the terms and conditions of the Uniform Fire Safety Act and the Uniform Fire Code. The Fire Official shall be the authorized person to oversee the Garfield Fire Prevention Bureau.
A. 
The Fire Official shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the City of Garfield other than one- and two-unit, owner-occupied dwellings used exclusively for dwelling purposes and any building, structures, and premises owned or operated by the federal government, interstate agencies, or the State of New Jersey.
B. 
The local enforcing agency shall faithfully comply with all the pertinent requirements of the Uniform Safety Act and the Uniform Fire Code.
C. 
The Fire Official must maintain a separate, running total for Uniform Fire Code revenues.
D. 
The Fire Official shall comply with all duties and responsibilities as listed in N.J.A.C. 5:71-3.3(a) and (b).
A. 
The Fire Inspector shall work under the Fire Official and shall carry out any additional duties and tasks asked of him or her by the Fire Official.
B. 
The Fire Inspector shall comply with all duties and responsibilities as listed in N.J.A.C. 5:71-3.3(c).
A. 
The Bureau of Fire Prevention, as the local enforcing agency, established by § 142-3, shall be a separate agency from the Garfield Fire Department, under the direct supervision and control of the Fire Official, who shall directly report to the Garfield City Manager.
B. 
The City Manager shall set the hours of operation of the Bureau of Fire Prevention with recommendation from the Fire Official.
C. 
The Bureau of Fire Prevention shall have at a minimum seven paid part-time inspector(s).
D. 
The Bureau of Fire Prevention shall have at a minimum one full-time secretary.
E. 
The local enforcing agency shall be operated by the Fire Official, subject to Subsections A and B above.
A. 
Appointment and qualifications of Fire Official. The Garfield Fire Official shall be certified in the State of New Jersey and appointed by the governing body as required by the New Jersey Civil Service Commission. The Fire Official shall submit to a Garfield Police Department investigation of background character, results of which shall be made to the appointing authority prior to appointment. (Ch. 39, Art. XII, §§ 39-78 and 39-79)
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 the recommendation of the Fire Official. All life hazard use inspectors shall be certified by the State of New Jersey.
C. 
Term of Office. The Fire Official shall serve pursuant to City ordinance and the rules established by the New Jersey Civil Service Commission.
D. 
Removal from Office. The Fire Official, fire inspectors and other employees of the agency shall be subject to removal by the governing body for just cause, including inefficiency, misconduct, or violation of state or City ordinances or statutes. Before removal from office, all persons shall be afforded an opportunity to be heard by the governing body or a hearing officer designated by the same and as required by the New Jersey Civil Service Commission.
The Bureau of Fire Prevention established by § 142-3 shall carry out the periodic inspections of life-hazard uses as required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
A. 
In addition to the 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 and shall pay an annual fee as set forth below:
(1) 
Fees for all non-life-hazard business establishments:
(a) 
Any building, structure, or premises under 2,500 square feet in gross area: $75 per year;
(b) 
Any building, structure, or premises from 2,501 square feet up to 12,000 square feet in gross area: $150 per year;
(c) 
Any building, structure, or premises over 12,000 square feet in gross area: $225 per year;
(2) 
For all multifamily dwellings except owner-occupied, one- or two-family dwellings, including accessory structures, buildings, or premises:
[Amended 3-14-2023 by Ord. No. 2981]
(a) 
Residential, two to 10 units per building: $85 per year;
(b) 
Residential, 11 to 20 units per building: $120 per year;
(c) 
Residential, 21 to 30 units per building: $130 per year;
(d) 
Residential, 31 to 40 units per building: $140 per year;
(e) 
Residential, 41 to 50 units per building: $200 per year;
(f) 
Residential, 51 units and up, per building: $215 per year.
(3) 
Fees for following uses and activities.
(a) 
Propane for tow motor fuel, storage of:
[1] 
Up to 150 pounds: $125.
[2] 
One hundred fifty to 300 pounds: $175.
[3] 
Over 300 pounds: $300.
(b) 
Affidavit for smoke detector inspection fee shall be in compliance with N.J.A.C. 5:70-2.9(d).
(c) 
Production, use, storage, and handling of plastics:
[1] 
In excess of 1,000 pounds but less than 10,000 pounds: $125 per year;
[2] 
In excess of 10,000 pounds: $225 per year.
(d) 
Violation of fire zone: $50.
(e) 
Lumber storage, more than 25,000 board-feet, except in life use: $125 per year.
(f) 
Small arms ammunition sale or storage for resale: $50 per year.
B. 
One- or two-family owner-occupied dwellings shall be inspected and charged a fee only upon sale or change of tenants(s).
C. 
Uses not classified above that are subject to the Uniform Fire Code will be classified as business uses.
D. 
Uses required to register with the State of New Jersey 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 uses of the building.
F. 
All residential uses shall be inspected to comply with the Uniform Fire Code.
G. 
Any and all residential uses that are registered with fire prevention shall be inspected on a regular basis. These uses shall be classified and registered as an R-SU use and pay an annual registration fee of $75.
The application fees for the permits listed in N.J.A.C. 5:70-1.1 et seq. shall be as follows:
Type 1
$55
Type 2
$214
Type 3
$427
Type 4
$641
Type 5
(Reserved)
A. 
Smoke detector and carbon monoxide detector and portable fire extinguisher.
(1) 
Residential smoke detectors required.
(a) 
Smoke detectors are required upon sale or transfer of a one- or two-family dwelling unit. Smoke detectors shall be installed in each dwelling unit, as defined in N.J.A.C. 5:70-4.19 and maintained in accordance with NFPA 72, upon the sale, rental, transfer, or lease of any dwelling unit in the City of Garfield. As of January 1, 2019, ten-year sealed battery-powered single-station smoke alarms shall be installed and shall be listed in accordance with ANSI/IL 217, incorporated herein by reference. However, AC-powered single- or multiple-station smoke alarms installed as part of the original construction or any rehabilitation project shall not be replaced with battery-powered smoke alarms.
(b) 
The installation of an AC-powered smoke detector system shall be processed as required for new work under the Garfield Building Code.
(c) 
Each dwelling unit sold, rented, leased, or transferred shall have a minimum of one smoke detector on each level. A floor area separated by three or more risers from another floor shall be considered a separate level. Where a basement exists, a smoke detector shall be installed on the basement ceiling. Smoke detectors may not be required in an unoccupied attic.
(d) 
To achieve compliance with this section, smoke detectors are required to be approved by the Underwriters' Laboratories, Factory Mutual Research Corporation, or other approving agency.
(e) 
The alarm signal from the smoke detectors shall be clearly audible in all the rooms on the level on which the smoke detector is installed when all intervening doors are closed.
(f) 
Smoke detectors may be powered by either ten-year sealed battery or AC electricity. The installation of the smoke detectors shall be governed by the applicable sections of the National Fire Protection Association (NFPA) Standards No. 72E or 74.
(g) 
Carbon monoxide alarms shall be installed in all dwelling units except for units in buildings that do not contain a fuel-burning device or have an attached garage, as follows:
[1] 
Single-station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of any sleeping area(s).
[2] 
Carbon monoxide alarms may be battery-operated, hardwired, or of the plug-in type and shall be listed and labeled in accordance with UL 2034 and shall be installed in accordance with the requirements of this section and NFPA 720.
(h) 
Portable fire extinguishers shall be installed and maintained in accordance with N.J.A.C. 5:70-1.1 et seq.
(2) 
Maintenance responsibility.
(a) 
Sellers or transferors of any and all dwelling units subject to this chapter shall be responsible for the correct installation and maintenance of smoke detectors and carbon monoxide detectors and portable fire extinguishers.
(b) 
The owner of a rental unit property shall, at the time of installation of the smoke detector, carbon monoxide detector, and portable fire extinguisher, and thereafter at the commencement of each new tenancy, provide to the tenant at least one copy of written instruction on the operation, maintenance, and testing of the smoke detector(s) and carbon monoxide detector(s), including the replacement of batteries in battery-operated units.
(c) 
The owner of each rental property shall be responsible for the proper maintenance of the smoke detectors and carbon monoxide detectors, including the replacement of batteries, repair, or replacement of the unit in accordance with the standards hereinabove set forth.
(3) 
Inspection records. Upon the sale or transfer of a one- or two-family residence, the seller, landlord, or transferor is required to obtain from the Garfield Fire Prevention Bureau a smoke detector and carbon monoxide detector and portable fire extinguisher certificate of inspection, certifying that the smoke detectors and carbon monoxide detectors and fire extinguishers are in compliance with the provisions of the New Jersey Uniform Code.
(4) 
Fees.
(a) 
Applications for the smoke detector and carbon monoxide detector and portable fire extinguisher certificate of inspection shall be made whenever a sale or transfer of ownership occurs. Payment shall be made to the Garfield Fire Prevention Bureau, 111 Outwater Lane, Garfield, New Jersey 07026, with the application fee prepaid after the receipt of said application, the Fire Official shall have the premises inspected to determine whether the same complies with the terms of the New Jersey Uniform Fire Code. If it complies, a certificate will be issued.
(b) 
Apartment units, cooperative units, condominiums, and one-family homes inspection fee: $50 per unit.
(c) 
Two-family residential sale inspection fee: $100.
(d) 
Three-family residential sale inspection fee: $125.
(e) 
Four-family residential sale inspection fee: $150.
(f) 
Five-family residential sale inspection fee: $175.
(g) 
Six-family or above residential sale inspection fee: $200 plus $25 for each additional unit.
(h) 
Should the inspection reveal a failure, five days shall be given to correct the violations and a reinspection fee of $60 shall be imposed, and the fee shall be paid for each reinspection performed.
(i) 
Should no one be at the residence to allow the inspector in for inspection, a no-show fee of $60 shall be imposed and paid before a new inspection date is given.
(5) 
Tampering with fire detection system. It is illegal for any person to disable or vandalize any fire detection device or system (N.J.A.C. 5:70-1.1 et seq.), and that person shall be subject to a penalty of up to $1,000 per occurrence.
(a) 
A penalty may be imposed under N.J.S.A. 52:27D-198.3. Fines for noncompliance shall be as follows:
Up to $500 for smoke and/or CO noncompliance
Up to $100 for fire extinguisher noncompliance
B. 
Posting of truss buildings.
(1) 
Truss structures. When the Fire Prevention Bureau shall identify a structure as being of truss-type construction, they shall notify the owner of the building, in writing, of the requirements of this article and in accordance with the New Jersey Uniform Fire Code, 5:70-1.1 et seq.
(2) 
Truss emblem. Upon receipt of such notification, the owner shall be required to permanently affix to said building a truss emblem.
(a) 
Truss emblems shall be affixed near the front entrance on all newly constructed residential structures prior to obtaining certificate of occupancy.
(b) 
The emblem shall be of a bright and reflective color or made of reflective material. The shape of the emblem shall be an isosceles triangle, and the size shall be 12 inches horizontally by six inches vertically. The following letters, of a size and color to make them conspicuous, shall be printed on the emblem: "F" to signify a floor with truss construction: "R" to signify to a roof with truss construction: or "F/R" to signify both a floor and roof with truss construction.
C. 
Residential outdoor fires. Outdoor fires are permitted within the City of Garfield, but only within the following guidelines.
(1) 
No outdoor fire may be set on residential property within 15 feet of any main structure or accessory structure on the property, including, but not limited to, any dwelling, garage, or shed.
(2) 
Outdoor fires utilized for cooking must be contained in a manufactured metal grill or other similar manufactured device intended for such use and must be utilized strictly in accordance with the manufacturer's requirements.
(3) 
Outdoor fire utilized for any other recreational purpose must either be contained in a manufactured device designed for such purposes and utilized strictly in accordance with the manufacturer's requirements or, alternatively, in a proper noncombustible stone, cement, brick, tile, or metal firepit of no more than three feet in diameter, built and intended for such purpose. No new firepits may be constructed without the proper building permits and inspections. For all existing firepits within the City of Garfield, should the Fire Official or his designee determine the firepit is unsafe, he may order that said firepit is not to be used until he or his designee deem the firepit safe.
(4) 
A fully functional fire extinguisher or garden hose that is properly connected to and supplied by an unlimited water source must be available for fire extinguishment purposes when a firepit is being used.
(5) 
No garbage, rubber, plastics, green wood, yard waste, including grass and leaves, or softwood including pine and cedar, which causes excessive smoke, may be burned outdoors at any time. Smoke or odors from any outdoor fire must be kept minimal.
(6) 
Flames may not exceed two feet at any time, and should the prevailing winds cause the smoke from said fire to blow into a neighboring dwelling or property, said fire must be extinguished immediately. The Garfield Health Officer is authorized to require that any residential outdoor fire be immediately extinguished if smoke emissions are found to be offensive to occupants of surrounding properties. The Fire Official or Fire Chief is authorized to require that any residential outdoor fire be immediately extinguished if said fire constitutes a hazardous condition.
(7) 
Residential outdoor fires must always be attended by a property owner or legal adult resident of the property from the time said fire is commenced through the time said fire is completely extinguished.
(8) 
The Fire Official or Fire Chief may prohibit all outdoor fires within the City of Garfield when weather conditions or other local circumstances make such fire hazardous to the safety and welfare of the community.
(9) 
Enforcement. This subsection shall be enforceable by the Fire Official, representatives of the Garfield Fire Prevention Bureau, the Garfield Health Department, Garfield Building Department, and the Garfield Police Department.
(10) 
Violations and penalties.
(a) 
Any person violating any provision of this subsection shall be punished by one or more of the following: a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, in the discretion of the Judge before whom such person shall be convicted.
(b) 
Any permitted burning must comply with "Control and Prohibition of Open Burning" by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, effective October 11, 1971, and all subsequent revisions thereof. Proper permits shall be obtained from the Fire Official.
D. 
Exterior exits and fire escapes.
(1) 
Obstructions. No person shall at any time place an encumbrance of any kind upon any fire escape, balcony, or ladder intended as a means of escape from fire, nor shall any person place or maintain any obstruction or leave standing or park any automobile or other vehicle in any driveway or alleyway which is liable to interfere with the operation of any Fire Department equipment or egress of occupants in case of fire. Any vehicle parked or left standing in violation hereof shall be deemed a nuisance and a menace to safety, and the Fire Official, or any Fire Inspector or police officer of the City of Garfield may remove and store, or cause said vehicle to be removed and stored, and the owner of said vehicle shall pay the reasonable costs for the removal and storage which may result before regaining possession of the vehicle. In addition to the foregoing, the person who parked or left such vehicle standing in violation hereof shall upon complaint being made and upon conviction be subject to the penalties provided in N.J.A.C. 5:70-1.1 et seq.
(2) 
Maintenance. All exterior stairways and fire escapes shall be kept free of snow and ice. They shall always be properly painted and maintained in a safe condition. The owners or lessees of any property upon which there is a driveway or alleyway that is or may be used for parking of vehicles which is liable to interfere with the operation of the Fire Department or egress of occupants in case of fire shall, within 15 days after notice is given to them by the Fire Official, procure and install appropriate signage approved by the Fire Official giving notice of the prohibitions of parking vehicles or placing or maintaining any obstruction in any such driveway or alleyway. In addition to any signage installed in accordance herewith, the owners and lessees of said property, when further required by the Chief Inspector, shall also cause word markings, colored yellow, to be placed on the pavement within said driveway or alley containing the following text: "Fire Zone No Parking."
E. 
Automatic alarm systems. To control false alarms and ensure proper maintenance of automatic fire reporting systems:
(1) 
Emergency contacts. Any person or organization using an automatic detection or fire alarm system to report fire in the City of Garfield shall provide the Garfield Fire Prevention Bureau with a list of three emergency contact names and telephone numbers of people who can be reached 24 hours a day, seven days a week, in case the alarm is activated, within three months following final passage of this chapter. In the absence of this list, or not being able to contact the person on the list, the Garfield Fire Department and the Garfield Police Department will be empowered to use forcible entry equipment to enter the building to investigate the cause of alarm.
(2) 
Building complex indicator. Any location having more than one building in a complex but reporting the fire location as the main building location shall have an indicating panel showing the location of the building or area where the fire alarm was activated. This indicating panel shall be visible from the outside of the building.
(3) 
Fire bell marking. Any fire detector system with an outside bell or other audible indicator shall be red in color and marked "Fire Alarm, when sounding call 911" to indicate it is a part of the fire alarm system.
(4) 
False fire alarms. Any repeated false fire alarms caused by a malfunctioning detection system shall be deemed a violation of the Code and subject to the penalties provided. In case of a false alarm, any person having knowledge thereof shall immediately notify the Fire Official. In case of false alarms, the Garfield Fire Prevention Bureau shall cause an investigation to be made and keep an annual record of said alarms on file for each given year. For reach false alarm, the following penalties are prescribed: for the first false alarm, a verbal warning shall be issued; for the second false alarm, a written warning shall be issued by the Fire Official; for the third false alarm, a fine of $150 shall be issued by the Fire Official; for the fourth false alarm, a fine of $200; for the fifth and subsequent false alarms, a fine of $250 per occurrence shall be paid to the City of Garfield Fire Prevention Bureau. A successive false alarm shall be defined as an alarm indicated on the same system not caused by an actual alarm of fire.
(5) 
Sprinkler alarm systems. It is recommended that each separate sprinkler system (automatic fire suppression system) have a separate location code sent to a central station and have an external indicating alarm. It is required that a maximum of three sprinkler systems may use the same location code to a central station. A floor plan of the building area showing the riser locations and the area protected by each riser must be provided to the Garfield Fire Department.
F. 
Access to fire hydrants.
(1) 
To ensure access to fire hydrants in the City of Garfield for the safety and welfare of the public, a clear area of five feet must be maintained in all directions from the fire hydrant as well as meeting the roadside parking requirements.
(2) 
The owner or lessee of any property within five feet of a fire hydrant shall be responsible to see that a five-foot clear space is provided in all directions from the fire hydrant. The requirements of this subsection shall be completed by the responsible party no later than 24 hours after any natural obstruction such as snow shall prevent access to the fire hydrant and within 12 hours of any other type of obstruction.
(3) 
Upon the failure of any person in maintaining the open space for all fire hydrants in accordance with this subsection, they shall be deemed in violation of the Fire Safety Code, shall be required to appear in the City of Garfield Municipal Court, and shall be fined up to $150 at the discretion of the Judge of the City of Garfield.
G. 
Key lockbox.
(1) 
The following structures shall be equipped with a master key Knox-Box® at or near the main entrance or such location required by the Fire Official.
(a) 
All commercial or industrial structures protected by an automatic alarm system or automatic suppression system or such structures that are secured in a manner that restricts access during an emergency.
(b) 
Multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units.
(c) 
Governmental structures.
(d) 
Nursing care facilities.
(e) 
Educational facilities.
(f) 
All newly constructed commercial or industrial occupancies shall be equipped with a master key Knox-Box® prior to issuance of an occupancy permit.
(2) 
Buildings with elevators. All buildings equipped with elevators shall be provided with a master key Knox-Box® as in Subsection G(1). The building owner/manager shall provide:
(a) 
Two sets of keys for entry to the building and all portions of the premises.
(b) 
Two sets of elevator control keys if elevators are equipped with Fire Department bypass switches.
(c) 
The owner or operator of a structure required to have a key lockbox shall, at all times, keep a key in the lockbox that will allow for access to the structure.
(3) 
The Fire Chief shall be authorized to implement rules and regulations for the use of the lockbox system.
(4) 
The minimum fine for conviction for a violation of this subsection shall be $150 for any person who owns or operates a structure subject to penalties for any violation of Section 1-3[1] of this Code.
[1]
Editor's Note: So in original.
H. 
Fire zones/fire lanes. The purpose of fire zones, or fire lanes, shall be enforced jointly by the Garfield Police Department under Part II, General Legislation, Chapter 226, Parking, Article III, Fire Zones, § 226-16 (as amended April 26, 2022, by Ord. No. 2928) and the Garfield Fire Prevention Bureau.
(1) 
Enforcement. This subsection shall be enforced by the Garfield Police Department and the Garfield Fire Prevention Bureau.
(a) 
The Fire Official shall designate fire zones on both private and public property in the City of Garfield as deemed necessary for public safety.
(b) 
Whenever a determination has been made for the fire lane designation, pursuant to Subsection H(1)(a) above, the Fire Official shall notify the owner of the property in writing by certified mail, or by hand-delivering such notice, specifically describing the area designated and the reason for making the designation.
(c) 
The marking of fire lanes shall be the responsibility of, and at the expense of, the property owner and shall be accomplished within 30 days of the receipt of the notification.
(d) 
The property owner shall thereafter properly maintain the fire zones so as not to reduce their effectiveness.
(e) 
Suitable signage and/or markings bearing the words "No Parking Fire Zone" shall be posted and marked and striped in accordance with standards established by the Manual on Uniform Traffic Control Devices for Streets and Highways, as periodically updated by the U.S. Department of Transportation.
(f) 
It shall be a violation of this Code for any person to park a motor vehicle in or otherwise to obstruct a fire lane.
I. 
Mobile food truck/trailer safety.
(1) 
Definitions. As used in this subsection:
FOOD CART
A cart or other movable device used on the public sidewalks, or in public places or roadways, which uses propane or similar fuel for its operation, and is not licensed as a food truck or food trailer.
FOOD TRAILER
A nonmotorized vehicle designed to be towed by a motorized vehicle registered and able to be operated on the public roadways of the State of New Jersey, in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution.
FOOD TRUCK
A motorized vehicle registered and able to be operated on the public roadways of the State of New Jersey, in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution.
FOOD VEHICLE
A food truck, food trailer, or food cart.
FOOD VENDOR
The owner, owner's agent or representative, or operator of a food vehicle.
SPECIAL EVENT
A private or public sporting, cultural, business, charitable, or other type of unique activity, including, but not limited to, a party, celebration, fair, festival, fundraiser, promotion, show, concert, presentation, entertainment, or film production, which is occurring for a limited or fixed duration.
(2) 
Inspection required.
(a) 
No food vehicle shall be operated within the City of Garfield without first having filed an application for a fire safety permit and payment for the permit has been received by the Garfield Fire Prevention Bureau.
(b) 
The Garfield Fire Prevention Bureau shall issue the applicant a checklist containing the specific requirements for approval of an application for an inspection. The checklist shall be made available to the public.
(c) 
Nothing contained in this subsection shall limit the authority of the Garfield Fire Prevention Bureau to inspect a food vehicle at any time to determine if it meets the specific requirements contained in the checklist.
(3) 
Application for inspection and fire safety permit.
(a) 
A food vendor shall apply to the Garfield Fire Prevention Bureau for an inspection.
(b) 
A food vehicle shall not be operated within the City of Garfield unless an application for an inspection has been filed with the accompanying application fee no later than five business days before the date of an event and a fire safety permit has been issued for the date of the event.
(c) 
The fee for fire safety permits shall be $55. Payment of the fee shall be made at the time the application is filed.
(d) 
A fire safety permit shall be issued only to vendors whose application for an inspection has been approved by the Garfield Fire Prevention Bureau, and a satisfactory inspection has been completed by the Fire Official or his designee.
(e) 
A fire safety permit shall be displayed prominently in or on the food vehicle during all events.
(4) 
Checklist requirements for food vehicle inspection.
(a) 
A vendor shall satisfy the following inspection requirements, which shall appear on a checklist issued by the Garfield Fire Prevention Bureau:
[1] 
Fire extinguisher.
[a] 
The fire extinguisher required to be mounted in a food vehicle shall be an ABC type dry chemical, minimum of one five-pound extinguisher.
[b] 
A Class "K" type of fire extinguisher shall be required and mounted in the food vehicle if the vendor is using any cooking oils or anything that could cause a grease vapor.
[2] 
Hood suppression system.
[a] 
A hood suppression system that meets or exceeds National Fire Protection Association standards for ventilation control and fire prevention (NFPA 96) shall be required for any food vehicle that creates or emits grease vapors.
[3] 
Propane storage and appliances.
[a] 
Propane hoses shall be free of leaks.
[b] 
Propane cylinders mounted on the outside of a food vehicle shall be properly secured to prevent them from tipping over.
[c] 
A "no smoking" sign shall be prominently displayed in the area of the propane cylinders.
[4] 
Generator.
[a] 
A generator shall be free of leaks or sparks emanating from the exhaust system.
[b] 
A generator shall discharge exhaust in a satisfactory manner.
[c] 
Exhausts shall not back up into the food vehicle.
[5] 
Smoke detectors in food trucks.
[a] 
Smoke detectors shall be placed between the cooking area and the driver's cab.
[b] 
Smoke detectors shall be in operation while the food truck is in motion.
[6] 
Carbon monoxide (CO) detectors in food trucks and food trailers.
[a] 
Food truck: The CO detectors shall be mounted in the area where the generator is located.
[b] 
Food trailer: The CO detector shall be mounted in the area where the generator is located.
[c] 
The CO detector shall be in operation at all times when a generator is running.
(b) 
Nothing contained in this subsection shall limit the authority of the Garfield Fire Prevention Bureau to supplement the checklist requirements in a particular case in the interest of public safety.
J. 
Solar panel emblem posting.
(1) 
Identifying emblems shall be permanently affixed to the front of structures hosting or being powered by photovoltaic electrical power either on the roof or adjacent to the building.
(a) 
The solar emblem shall be a Maltese cross shape, constructed of durable material, with white reflective background with red letters. Numerals and letters shall be Roman, or Latin as required.
[1] 
The sign shall be six inches by six inches (152mm by 152mm).
[2] 
The height or width of each Maltese cross wing area shall be 1 1/8 inch (29mm) and have a stroke width of 1/2 inch (13mm).
[3] 
All letters and numerals shall be 1 1/4 inch (32mm) in height and have a stroke width of 1/4 inch (6mm).
[4] 
The letters "PV" shall be located in the center circle of the Maltese cross to identify the presence of solar photovoltaic systems. The wording "ROOF MOUNTED" and/or "ADJACENT" shall be located immediately beneath the Maltese cross identifying where the solar panels are located.
(b) 
The emblem shall be permanently affixed to the left of the main entrance door at a height between four and six feet above the ground and shall be installed and maintained by the owner of the building.
[1] 
Premises already equipped with a truss construction sign may install the solar sign immediately above the truss sign.
[2] 
Detached one- and two-family residential structures shall be exempt from the signage provisions.
(c) 
The owner of any residential structure or nonresidential structure who installed a roof-mounted solar photovoltaic system on or after January 17, 2014, or has installed or provided for the installation of a roof-mounted solar photovoltaic system prior to January 17, 2014, shall provide a written notification to the local Fire Official, which shall include, but need not be limited to:
[1] 
The name of the property owner or owners, as well as the address of the residential structure or nonresidential structure upon which the solar photovoltaic system has been installed, and the name of the owner or owners and addresses of any other adjacent structure served by the solar photovoltaic system; and
[2] 
The year that the roof-mounted solar photovoltaic system was installed on the residential structure or nonresidential structure.
(d) 
A copy of a permit filed pursuant to N.J.S.A. 52:27D-198.17c or written notification issued pursuant to N.J.S.A. 52:27D-198.17d shall be kept on file by the Chief of the local Fire Department.
[1] 
The address of the residential structure or nonresidential structure, the address of any other adjacent structure served by the solar photovoltaic system, and any additional information regarding the solar photovoltaic system shall be maintained in a registry by the Fire Department.
[2] 
The information contained in the registry shall serve to alert firefighters, when responding to an emergency, that a residential structure or nonresidential structure is equipped with, or is served by, a roof-mounted solar photovoltaic system and that reasonable precautions may be necessary when responding to the emergency.
K. 
Fire watch.
(1) 
Request or order for fire watch.
(a) 
A request for a fire watch shall be made in writing to the Fire Official at least 10 days prior to an event where practicable, unless an emergent situation is present.
(b) 
The Fire Official shall have the authority to order a fire watch for an emergent situation or for an event in which the Fire Official determines a fire watch is necessary.
(2) 
Conditions of employment of fire watch personnel. All fire prevention inspectors or certified firefighters of the City of Garfield may serve as fire watch personnel and shall be treated as employees of the City; provided, however, wages earned for such employment shall not be applied towards the pension benefits of regular full-time City employees. Hours worked serving as fire watch personnel shall not be compensable as overtime.
(3) 
Assignment of fire watch personnel. The Fire Official shall determine the number of personnel necessary for each event or emergent situation for which a fire watch is required.
(a) 
The fire watch personnel shall be selected from employees serving in the Garfield Fire Prevention Bureau or members of the Garfield Volunteer Fire Department.
(b) 
Any member serving as fire watch personnel shall be Firefighter One certified and possess a Firefighter One certificate issued by the New Jersey Division of Fire Safety.
(c) 
Businesses may elect to provide their own fire watch personnel. Should they choose to do this, documentation of ability to perform the duties and responsibilities shall be supplied to the Fire Official.
[1] 
If documentation cannot be supplied, a training class given by the Fire Prevention Bureau shall be supplied at a cost of $150 per 10 students. This course shall cover basic fire behavior, emergency communications, and fire extinguisher training.
[2] 
This fee shall be paid directly to the Garfield Fire Prevention Bureau.
[3] 
Documentation of fire watch inspections with signatures of persons inspecting shall be submitted to the Fire Prevention Bureau for the file.
(4) 
Payment for fire watch services by property owners. Payment for a fire watch on private property shall be made by the property owner or tenant in accordance with the following:
(a) 
Compensation for each City employee assigned to the fire watch is $75 per hour, paid to the Garfield Fire Prevention Bureau.
(b) 
Administrative fee: $35 per hour shall be deducted from the $100 and paid to the Fire Prevention Bureau.
(c) 
Personnel payment: $40 per hour shall be paid to the individual performing the fire watch.
(d) 
Payments for a nonemergent fire watch shall be made in advance in accordance with a statement issued by the City. The statement shall include the administrative fee and estimate of compensation to be paid to employees. If the actual amount of compensation to employees exceeds the estimate, a supplemental statement shall be issued by the City. If the estimate exceeds the actual amount of compensation to employees, the property owner shall be reimbursed for the overpayment.
(e) 
Payments to fire watch personnel shall be made to the person or persons by the City.
(f) 
The Fire Official shall have the discretion to waive payment for a fire watch in appropriate circumstances.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any action of the location enforcing agency shall have the right to appeal to the local construction Board of Appeals.
[1]
Editor's Note: See, respectively, N.J.S.A. 52:27D-206 and 52:27D-208.
Enforcement, violations, and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code, and all other laws of the State of New Jersey.