[Ord. No. 2002-6 Preamble]
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 the
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 Township of Frankford to have
the Uniform Fire Code enforced locally, and the local fire service
has agreed to the plan, which is set forth herein, for the administration
and enforcement of the Uniform Fire Code.
[1982 Code § 13-2.1; Ord. 7/30/85 § 1; Ord. No. 2002-6 § 1]
Pursuant to Section 11 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 Township of Frankford.
[1982 Code § 13-2.2; Ord. 7/30/85 § 1; Ord. No. 2002-6 § 2]
The local enforcing agency shall be the municipality through
its Bureau of Fire Prevention which is hereby created therein. The
Bureau of Fire Prevention shall hereinafter be known as the local
enforcing agency.
[1982 Code § 13-2.3; Ord. 7/30/85 § 2; Ord. No. 2002-6 § 3]
a. The local enforcing agency shall enforce the Uniform Fire Code in
all buildings, structures, and premises within the established boundaries
of the Township of Frankford other than one- and two-unit owner-occupied
dwellings used exclusively for dwelling purposes and buildings, structures,
and premises owned or operated by the federal government, interstate
agencies or the state.
b. The local enforcing agency shall faithfully comply with all the pertinent
requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1982 Code § 13-2.6; Ord. 7/30/85 § 6; Ord. No. 2002-6 § 5]
a. Appointment and Qualifications of the Fire Official. The Fire Official
shall be certified by the state and appointed by the governing body.
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 use inspectors shall be certified by the state.
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 a minimum
of one year. Any vacancy shall be filled for the unexpired term.
e. Removal from Office. The Fire Official, inspectors and other employees
of the agency shall be subject to removal by the governing body for
just cause. 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.
[Ord. No. 2002-6 § 6]
The Bureau of Fire Prevention established by subsection
14-1.3 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.
[1982 Code § 13-2.9; amended by Ord. 7/30/85 § 9; Ord.
No. 2002-6 § 7; Ord. No.
2003-5 § 1; Ord. No. 2011-03; 2-8-2022 by Ord. No. 2022-001]
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. The owners of all businesses, occupancies, buildings, structures or premises required to be inspected under this subsection
14-1.8 shall apply annually to the local enforcing agency for a certificate of registration upon forms provided by the Fire Official. It shall be a violation of this section for an owner to fail to return such forms to the local enforcing agency and/or Fire Official within 30 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution of process or any other method, the new owner shall file with the local enforcing agency an application for a certificate of registration after notification by the local enforcing agency and/or the Fire Official. These uses shall be inspected once per year. The application shall be accompanied by fees in accordance with the following fee schedule for non-life-hazard uses in the local enforcing agency's jurisdiction and shall be included in Subchapter 2 of the Uniform Fire Code, amended by local ordinance; the 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.
1. Premises less than 3,000 square feet: $65.
2. Premises 3,000 square feet to 5,999 square feet: $100.
3. Premises 6,000 square feet to 11,999 square feet: $150.
4. Premises 12,000 square feet and over: $200.
5. Multilevel premises under three stories: $125.
6. Multilevel premises with three to six stories: $175.
7. Hotels and motels without interior stairways and with less than 50
rooms: $75.
8. Hotels and motels without interior stairways and 50 rooms or more:
$150.
9. Multifamily dwellings (Use Group R-2 as defined in the Uniform Construction
Code):
(a)
Each common area: $60 per floor.
[ 2-8-2022 by Ord. No.
2022-001; 2-7-2023 by Ord. No. 2023-001]
Note: Examples of activities given for each permit type are
the most common, but are not limited to those listed.
a. Type 1.
2. Required for: bonfires and open burning; use of any open flame at
any public gathering; any permanent cooking operation (food truck)
that requires a suppression system in accordance with N.J.A.C. 5:70-4.7(g)
and is not defined as a life-hazard use in accordance with N.J.A.C.
5:70-2.4; storage or handing of any flammable or combustible liquid
less than 660 gallons; tents larger than 900 square feet; occasional
use in any building of a multipurpose room, with a maximum permitted
occupancy of 100 or more, for amusement, entertainment or mercantile
type purposes.
b. Type 2.
2. Required for: carnivals employing mobile enclosed structures; storage
of LP-gas cylinders when part of a cylinder exchange program.
c. Type 3.
2. Required for: storage or discharging of fireworks.
d. Type 4.
2. Required for: storage and handling of flammable or combustible liquids
more than 660 gallons; storage of flammable and nonflammable compressed
gases of more than 2,000 cubic feet.
e. Applications for fire safety permits are to be submitted at least
10 days prior to the event. Any person who fails to obtain a permit
prior to said activity shall be subject to a late permit processing
fee of $50.
f. Permit fees are subject to change in accordance with the New Jersey
Uniform Fire Code (N.J.A.C. 5:70-2.9.)
g. All residential and business locations are required to obtain appropriate
permits for tents and cooking operations when used for assembly purposes.
h. Food trucks at all events within the Township are required to obtain
all permits that are required by the New Jersey Uniform Fire Code.
Suppression system and hood cleaning reports are to be submitted with
the permit application. Permits are valid for the specified event
location for the calendar year. Each location requires a separate
permit.
i. Food Truck
Type 1 permit, annual registration (up to six inspections annually):
$200.
[Added 2-8-2022 by Ord.
No. 2022-001]
a. Installation required. All Use Group R-3 and R-4 dwellings subject
to N.J.A.C. 5:70-2.3 shall have smoke and carbon monoxide detectors
and fire extinguishers installed in accordance with the requirements
of N.J.A.C. 5:70-4.19.
1. In one- and two-family or attached single-family dwellings subject
to the requirements of N.J.A.C. 5:70-2.3, smoke alarms shall be installed
as follows:
(a)
On each level of the premises; and
(b)
Outside of each separate sleeping area.
2. The smoke alarms required in paragraph a1 above shall be located
and maintained in accordance with NFPA 72.
(a)
The alarms shall not be required to be interconnected.
3. Ten-year sealed battery-powered single-station smoke alarms shall
be installed and shall be listed in accordance with ANSI/UL 217, incorporated
herein by reference. However, AC-powered single- or multiple-station
smoke alarms installed as part of the original construction or rehabilitation
project shall not be replaced with battery-powered smoke alarms.
(a)
AC-powered smoke alarms shall be accepted as meeting the requirements
of this section.
4. Carbon monoxide alarms shall be installed in all dwelling units in
buildings in one- and two-family or attached single-family dwellings,
except for units in buildings that do not contain a fuel-burning device
or have an attached garage, as follows:
(a)
Single-station carbon monoxide alarms shall be installed and
maintained in the immediate vicinity of the sleeping area(s).
(b)
Carbon monoxide alarms may be battery-operated, hard-wired 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.
5. Portable Fire Extinguishers.
(a)
A portable fire extinguisher shall be installed in accordance
with the following:
(1)
The extinguisher shall be within 10 feet of the kitchen and
located in the path of egress;
(2)
The extinguisher shall be readily accessible and not obstructed
from view;
(3)
The extinguisher shall be mounted using the manufacturer's hanging
bracket so the operating instructions are clearly visible;
(4)
The extinguisher shall be an approved listed and labeled type
with a minimum rating of 2A-10B:C and no more than 10 pounds;
(5)
The owner's manual or written operation instructions shall be
provided during the inspection and left for the new occupant;
(6)
The extinguisher shall be serviced and tagged by a certified
Division of Fire Safety contractor within the past 12 months, or the
seller must have a receipt for a recently purchased extinguisher;
and
(7)
The top of the extinguisher shall not be more than five feet
above the floor.
(b)
Exception. Portable fire extinguishers shall not be required
for seasonal summer units. For purposes of applying this exception,
"seasonal summer unit" shall mean a dwelling unit rented for a term
of not more than 125 consecutive days for residential purposes by
a person having a permanent residence elsewhere, but shall not include
use or rental of living quarters by migrant, temporary, or seasonal
workers in connection with any work or place where work is being performed.
b. Responsibility of Seller/Landlord. In any case where a change of occupancy of any dwelling unit subject to the requirements of subsection
14-1.9e hereof shall occur, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that dwelling unit without first obtaining from the Fire Prevention Bureau a certificate evidencing compliance with the requirements of this section.
1. A CSACMAPFEC shall not be transferable. If the change of occupancy
specified in the application for a CSACMAPFEC does not occur within
six months, a new application shall be required.
2. The enforcing agency may issue a CSACMAPFEC for a seasonal rental
unit for a period of up to 12 months, regardless of the number or
frequency of changes in tenancy.
c. Fees.
1. Request for a CSACMAPFEC received more than 10 business days prior
to the change of occupant: $75.
2. Request for a CSACMAPFEC received less than 10 business days prior
to the change of occupant: $100.
3. Reinspection fee for CSACMAPFEC: $50.
d. Violations and Penalties. An owner who sells, leases or rents or otherwise permits to be occupied for residential purposes any dwelling unit subject to the provisions of this section when the premises does not comply with the requirements of subsection
14-1.9e hereof or without complying with the inspection and certification requirements of subsection
14-1.9f hereof is guilty of a violation of the Uniform Fire Safety Act to which this section is a supplement (P.L. 1983, c. 383, of the Laws of New Jersey) and subject to any and all applicable penalties in that
Act provided for such violation, except that the fines shall be not
more than $500 for a first offense and not more than $2,000 for a
subsequent offense.
[Added 2-8-2022 by Ord.
No. 2022-001]
a. Response to Fire Alarms.
1. Upon activation of a fire alarm or other fire emergency in any structure
other than a one- or two-family dwelling, the owner, tenant, occupant,
or their designated representative shall respond to the structure
in order to reset the alarm system, if necessary, and to allow the
Fire Department access to the interior. The designated representative
shall respond to the structure within 30 minutes.
2. Failure to comply with the above requirements may subject the responsible
party, as defined above, to a penalty of $250.
b. False Alarms. It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this section. In case of a false alarm, any person and any permittee who violates this section shall each be subject to the provisions of subsection
5-13.11.
1. Any person, firm or company that causes the transmission of a false
alarm for testing or maintenance purposes, without the advance notification
to the Fire Official, shall be guilty of a violation of this section
and shall be subject to a fine of $250 for each occurrence.
[Added 2-8-2022 by Ord.
No. 2022-001]
a. Applicability. This subsection shall apply whenever the Fire Official
shall determine that on-site fire personnel shall be required for
a fire watch as a result of a fire protection system failure or deficiency,
or fire and safety at any occupancy, except that this subsection shall
not apply to a one- or two-family residential property.
b. Special Events. This subsection shall also apply whenever the Fire
Official shall determine that on-site fire personnel shall be required
for a fire watch at a special event to ensure the safety of the public
or emergency responders. The owner or occupant responsible shall be
required to obtain a permit for the use or event. Said permit shall
be issued by the respective local enforcing agency.
c. Determination. If the Fire Official shall determine fire watch to
be necessary, they will also determine the number of personnel required
and the times that the personnel shall be on duty.
d. Fees. The fee for a special use or event fire watch shall be $40
per hour, per man.
[Added 2-8-2022 by Ord.
No. 2022-001]
a. When access to or within a building or structure other than owner-occupied
one- and two-family dwellings not subject to the Uniform Fire Code,
N.J.A.C. 5:70-1.1 et seq., is unduly difficult because of secured
openings or where immediate access is necessary for lifesaving or
for firefighting purposes, the local enforcing agency may require
at its discretion a key box to be purchased and installed by and at
the expense of the owner or occupant of the structure in an accessible
location to be approved by the local enforcing agency.
b. For the purposes of this subsection, the following criteria shall
be utilized by the local enforcing agency determining whether a key
box is required.
1. The need for forcible entry during hours in which the structure is
unoccupied.
2. Whether the building is equipped with a sprinkler system and/or an
automatic alarm system.
3. Whether there exists an area within the structure that may not be
visible from the exterior of the structure.
4. The types of occupancy or hazards contained in the structure.
5. Whether the structure contains multiple occupants.
c. The high-security key box shall be of a type approved by the Fire
Official and shall be uniform within the jurisdiction of the local
enforcing agency. Access to key boxes shall be available only to authorized
personnel and only by the master key.
d. The key box shall contain the following items:
1. Updated keys necessary for access to all portions of the premises.
2. Keys to fire alarm control panels, keys necessary to operate or service
fire alarm control panels and keys necessary to operate or service
fire-protection systems.
4. Elevator and emergency information.
6. Hazardous material locations.
7. Any other pertinent information which may be needed in an emergency
or as required by the Fire Official.
e. The key box shall be maintained by the owner or occupant of the premises.
f. Any person found guilty of failing to install a key box as required
pursuant to this subsection shall be punished by a minimum fine of
$100. Each and every day that the violation continues shall be considered
a separate offense.