As used in this article, words used in the present tense include the future; words are intended to be gender neutral; the singular number includes the plural, and words importing the plural include the singular. The following terms shall have the meanings indicated:
The "Uniform Fire Safety Act," P.L. 1983, c. 383, N.J.S.A. 52:27D-192 et seq., and includes all Acts amendatory and supplementary thereto and all regulations adopted pursuant thereto.
The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter. The term does not necessarily mean a licensed real estate broker or salesman of the State of New Jersey (N.J.), as those terms are defined by N.J.S.A. 45:15-3; however, such term may include a licensed real estate broker or salesman of the State of N.J. if such person designated by the owner as their agent is so licensed.
Two or more buildings, each containing two or more apartments, which are located within close proximity of each other and are owned by the same owner.
Any apartment, cottage, bungalow, or any room or rooms in a rooming house or boardinghouse, or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building, whether designed with or without housekeeping facilities, for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use.
Noncombustible containers approved by the Fire Marshal for use in burning open fires or outdoor fires, which include but may not be limited to chimeneas, outdoor fireplaces, fire pits, patio warmers or other portable wood-burning devices used for outdoor recreation and/or heating and which meet the minimum standards set forth in this article.
A person appointed by the Fire Director to assist the Bureau Chief and designated to direct the enforcement of the N.J. Uniform Fire Code by the appointing authority of the local enforcing agency (LEA) jurisdiction; an authorized representative of the Fire Marshal/Fire Official, who is certified per N.J.A.C. 5:71-4.3.
The State Fire Prevention Code is promulgated by the Commissioner of the Department of Community Affairs (DCA) pursuant to the authority of the "Uniform Fire Safety Act" (P.L. 1983, c.383, N.J.S.A. 52:27D-192 et seq.).
An organization, office, or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation, or a procedure; the State Fire Marshal, his authorized deputies, or the local fire enforcement authority.
A vehicle of the fire department, police vehicles, and such ambulances and other vehicles as are approved by the Chief Administrator of the N.J. Motor Vehicle Commission (MVC), when operated in response to an emergency call, any vehicle that is licensed in accordance with N.J.A.C. 8:40 or N.J.A.C. 8:41 and any ambulance of a volunteer first aid, rescue, or ambulance squad that has been certified in accordance with 27:5F-27, and any "first response" vehicle or other vehicles of a volunteer first aid, rescue or ambulance squad that bears governmental or other "no fee" registration, and any "first response" vehicle of a hospital that bears governmental or other "no fee" registration, for purposes of 39:1-1 and this chapter when operated in response to an emergency. Any vehicle of the State Office of Emergency Management (OEM) or of a county or municipal OEM that bears governmental registration for purposes of 39:1-1 and this chapter when operated in response to an emergency. Any vehicle bearing governmental registration, when being operated by a "fire official" or "fire inspector" as defined in N.J.A.C. 5:71-1.4 to travel to the scene of a fire or explosion in accordance with N.J.A.C. 5:71-3.3, for purposes of 39:1-1 and this chapter. It is lawful for any fire vehicle, when returning to its fire station from an emergency call to display a flashing red light visible under normal atmospheric conditions from a distance of at least 500 feet to the rear of the vehicle.
This shall mean and include representing oneself as authorized to carry out inspection of life hazard uses (LHU) on behalf of the Commissioner, issuing orders pursuant to the Act, and assessing or imposing any of the penalties provided for by the Act.
A portable outdoor open-flame cooking device(s) and/or outdoor fireplaces using compressed gas (e.g., portable LP-gas), charcoal, solid fuel, or any organic material or fuel(s).
A meal or gathering in which food is cooked outdoors on a rack over an open fire or on a special appliance.
An outdoor fire utilized for ceremonial purposes.
The person to whom the certificate of code compliance is issued pursuant to this chapter. The term "certificate holder" includes within its definition the term "agent," where applicable.
The certificate issued by the Township Inspections Department or designee attesting that the rental unit is in compliance with all of the ordinances of the Township of East Hanover.
A change from one use to another use in a building or tenancy or portion thereof.
The executive head of the Police of the Township of East Hanover as outlined in Chapter 42, "Police Department." Said Police Department shall herein be known as the East Hanover Police Department (EHPD).
The Chief of the Bureau of Fire Prevention, also known as "Fire Marshal," shall be certified by the Commissioner of the DCA and appointed or designated to direct the enforcement of the Code and the State Fire Prevention Code by the appointing authority of the Mayor of the Township of East Hanover as set forth in § 26-39, pursuant to 5:71-3.3(a), hereof serving as the chief administrator of the local enforcing agency (LEA) and has been and carries out duties as pursuant to 5:71-3.3. The term "Fire Official" is the Bureau Chief.
The Commissioner of the DCA.
When used with reference to a covered mall building, shall include all areas not included within any retail establishment and shall also include the required means of egress from all retail establishments. When used with reference to buildings of use groups R-1 and R-2 shall mean all areas accessible to, and which may be utilized by, either the building occupants or the general public and shall include, but not be limited to, vestibules, hallways, stairways, landings and occupiable rooms and spaces not part of any dwelling unit; and shall also include any area accessible to the owner or manager or any person(s) employed in the maintenance of the building which area is not part of any dwelling unit including sprinkler and fire alarm utility rooms.
Form of ownership of real property under a master deed providing for ownership by one or more owners of unit(s), together with an undivided interest in common elements appurtenant to each such unit. See N.J.S.A. 46:8B-3 and 55:13(q).
Those activities which require a permit under the Uniform Construction Code (UCC) N.J.A.C. 5:23 and shall also comply with the Code regarding site fire safety.
A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment, or other structure owned or leased by said corporation or association or to lease or purchase a dwelling constructed or to be constructed by said corporation or association See N.J.S.A. 55:13A-3(r).
The Attorney of the Township of East Hanover.
A calendar day unless otherwise specified.
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a hazardous substance into the waters of the township or unto lands from which it might flow or drain into said waters, except discharges pursuant to and in compliance with the conditions of a valid federal or state permit.
N.J. Department of Community Affairs (DCA), Division of Fire Safety (DFS).
A room, suite, or apartment occupied or intended to be occupied for dwelling purposes by one or more persons living independently of persons in similar dwelling units; a room or rooms, or suite or apartment, which is occupied or intended to be occupied for sleeping or dwelling purposes by one or more persons [N.J.S.A. 55:13A-3(h)].
Promulgated under N.J.S.A. 40A: 14-118 et seq., shall be the police force of the Township of East Hanover in accordance with § 26-22; the municipal agency who shall be the call-takers and dispatchers for the East Hanover Fire Department and LEA; "Public Safety Dispatch Points (PSDP)," a location which provides dispatch services for one or more public safety agencies.
Effective date in the case of a new rule, amendment or repeal, or readoption, the date of promulgation, and placed on file by the Township Clerks' Office.
Any unusual conditions caused by civil disturbance whereby the safety of the public is endangered or imperiled. The occurrence of such an emergency shall be determined within the sole discretion of the officer, board, or official having charge of the police or fire department (FD) per N.J.S.A 40:47A-1.1.
Any situation to which a unit of the fire service responds to deliver emergency services, including, but not limited to, rescue, fire suppression, special operations, and other forms of hazard control and mitigation.
The department, a municipal or county department or agency, or a fire district which has been authorized by municipal ordinance to enforce the Act and municipal Fire Prevention Code; shall herein be known as the East Hanover Bureau of Fire Prevention; the authority having jurisdiction (AHJ).
Prefabricated I-joists, truss joists, truss rafters, and other similar lightweight construction materials used to construct, renovate, or alter any section of a structure.
A system that provides a warning alarm signaling the presence of fire conditions and may be capable of initiating an action to suppress a fire condition.
Under the supervisory authority of the Fire Director, has charge of the fire department. Manages all fire department operations to ensure their timely, thorough, and cost-effective preparation and conduct; has command and control for the extinguishing of fires and supervises and oversees all personnel comprising the East Hanover Fire Department, all apparatus and equipment used by said Department at all fire and emergency scenes.
A paid, part-paid, or volunteer fire-fighting force, body, or agency established by ordinance as a division of municipal government or one or more volunteer fire companies that have contracted with a municipality to provide fire protection. The "fire department" (FD), for all purposes herein, shall be known as the East Hanover Fire Department (EHFD), the fire fighting force, body, or agency within the territorial jurisdiction of the Township of East Hanover under the supervisory authority of the Fire Director and "Fire Chief" who shall have command and control for the extinguishing of fires.
The Director of the East Hanover Fire Department (EHFD), the supervisory authority of the FD, inclusive of the Bureau of Fire Prevention.
A person working under the direction of the Bureau Chief who is certified by the Commissioner of the DCA and appointed or designated to enforce the Code by the appointing authority of a local enforcing agency; an authorized representative(s) of the Fire Marshal/Bureau Chief, also known as Fire Official.
An area necessary to provide safety for the public or to provide property access for FD operations in the event of an emergency incident.
A person certified by the Commissioner of the DCA and appointed or designated to direct the enforcement of the N.J. Uniform Fire Code by the appointing authority of the local enforcing agency jurisdiction. This term shall also include "Fire Official," where the Fire Official has been appointed, pursuant to 5:71-3.3(a), and carries out duties as pursuant to 5:71-3.3; said person is the Bureau Chief.
The Fire Prevention Code of the Township of East Hanover, also known as the fire prevention code, herein out known as the Code, was adopted as outlined in Chapter 26 hereof.
A person or business entity that offers to undertake or represents itself as being able to undertake, or does undertake, the installation, service, sale, repair, inspection, or maintenance of fire protection equipment; said person shall also be known as a "contractor."
Includes fire alarm systems, fire sprinkler systems, standpipe systems, clean agent fire suppression systems, special hazard fire suppression systems, carbon dioxide fire protection systems, foam fire protection systems, kitchen fire suppression systems, portable fire extinguishers or any other equipment designed to detect, suppress or extinguish a fire.
An automatic fire suppression system that includes an automatic water sprinkler system or a standpipe system and related system components, including detection.
A qualified person appointed by the appropriate appointing authority or the commissioner pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C. 52:27D-119 et seq.) and the regulations to enforce those portions of any subcode, specifically designated for such enforcement in N.J.A.C. 5:23-3, within the jurisdiction of the enforcing agency; also known as "fire protection subcode official."
An engineered or preengineered system that suppresses fire using an extinguishing agent distributed through fixed piping and nozzles that are activated either manually or automatically. The system may include containers, nozzles, controls, automatic detection, manual releases, equipment shuts down, and alarms. In such systems, an extinguishing agent is discharged through fixed pipes and nozzles into or over a potential fire hazard.
Wood that has been cut into pieces so that it can be burned on a fire. Examples: oak, maple, cherry, birch, pine, elm, and chestnut.
The floor area within the perimeter of the outside walls of the building or use under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.
A cart or other movable device used on the public sidewalks or in public places in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution and which is not a licensed food truck or food trailer.
A nonmotorized vehicle designed to be towed by a motorized vehicle that is registered and can be operated on the public streets of the State of N.J., in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale and/or distribution.
A motorized vehicle that is registered and is able to be operated on the public streets of the State of N.J., in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution.
Collectively, a food truck, food trailer, and a food cart.
The owner or operator of a food truck, food trailer, or food cart or the owner's agent, hereinafter referred to as "vendor."
The classification of an occupancy (also see "use group").
Any substance defined by the New Jersey Department of Environmental Protection in DEQ-094, including the following guides: National Fire Protection Association Guide of Hazardous Materials and Emergency Response Guidebook, Materials Transportation Bureau, United States Department of Transportation.
The individual in overall command of or control of the fire service personnel and associated emergency equipment and emergency vehicles at the site of an emergency and/or emergency incident.
A steel box that is treated to be fire- and weather-resistant, installed on the outside of the building, and contains all necessary, updated keys that are labeled and provide access to the building or where approved by the Bureau Chief.
A preengineered system that is designed specifically to protect the hood, duct, and cooking appliances of a kitchen. The system, which may include containers, nozzles, controls, automatic detection, manual release, cooking appliance shutdown equipment, and alarms, will have an extinguishing agent discharged through fixed pipes and nozzles over and into the fire hazard area.
A building or structure, or part thereof, classified in any of the Use Groups in the building subcode of the N.J. Uniform Construction Code (UCC) and defined as such in subchapter 2 of this chapter. "Life hazard use" shall also mean and include high-rise structures as defined in the Act.
A municipal agency, fire department, fire district, or county fire marshal authorized by municipal ordinance to enforce the Act within a specific local jurisdiction or, where such authorization has not been granted by local ordinance, it means the DCA. "Local enforcing agency" shall also mean and include a county fire marshal authorized by ordinance or resolution of the board of chosen freeholders to enforce the Act in county facilities. With regard to enforcement of the Act in premises owned or maintained by the State of N.J. or any of its boards, commissions, agencies, or authorities, the LEA shall mean the Division.
An emergency incident which, in the judgment of the incident commander, is of such severe degree and nature that it presents a significant threat to the health, safety, and welfare of a municipality and its residents and, therefore, may warrant the implementation of the municipality's municipal emergency operations plan.
The function of keeping equipment in such a condition that it will perform as it originally was designed to do.
An on-demand mobile fueling vehicle is a vehicle that has mounted tank(s) and/or container(s) where the aggregate cargo capacity does not exceed 1,200 gallons (4592 L).
Any building and/or structure and any land appurtenant thereto, and any portion thereof, in which three or more dwelling units are occupied or intended to be occupied by three or more persons living independently of each other. "Multiple dwelling" also means any group of 10 or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two dwelling units are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof.
The Township of East Hanover.
Said Code entitled "Uniform Fire Code," codified as N.J.A.C. 5:70-1.1 et seq., as amended and promulgated by the Commissioner of the DCA pursuant to the authority of the Uniform Fire Safety Act" (N.J.S.A. 52:27D-192 et seq.). Whenever the following words, terms, or phrases are used in the N.J. Uniform Fire Code, they shall have the meanings provided under the Uniform Fire Safety Act, P.L. 1983, c. 383 (N.J.S.A. 52:27D-192 et seq.), and includes all acts amendatory and supplementary thereto and all regulations adopted pursuant thereto as set forth under N.J.A.C. 5:70-1.4., then the definition of that term in the Uniform Construction Code (UCC), N.J.A.C. 5:23-1.4 shall govern.
A vehicle may not be parked within the designated area unless loading or unloading passengers or materials with a time limit of five minutes.
No vehicle may be stopped or standing within the designated zone whether or not attended or unattended, with or without the motor running or brakes set.
Inspection and fee schedule for all businesses and buildings as defined in the UCC of N.J., N.J.S.A. 52:27D-119 et seq., as amended, and not classified as life-hazard under N.J.A.C. 5:70.
Any building designed and built for use as a factory or warehouse, or for retail or wholesale merchandising, office, workshop, school, hospital, hotel, or any other commercial, industrial or institutional purpose; or which, having been designed and built for residential use, has been altered, converted or reconstructed for nonresidential use.
The actuation of a fire protection equipment and/or protective equipment alarm device of any type to which the FD responds and for which an investigation fails to reveal a cause of the nature or type to which the alarm device was designed and/or intended to react.
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber and does not include road flares, smudge pots, and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues, or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open; the kindling of a fire in the open air with or without containment or in outdoor structures that permit the products of combustion to be emitted directly into the ambient air space, excluding gas or charcoal grill barbecues.
Outdoor fireplaces, fire pits, receptacles, chimeneas, or other devices that permit the products of combustion to be emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber and which do not provide adequate control of the air pollutants generated.
A person who owns, purports to own, manages, rents, leases, or exercises control over a building, structure, premises, or use, or a portion thereof; the owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation, directly or indirectly in control of a building, structure or real property and shall include any subdivision thereof of the state.
When used in conjunction with one- and two-family or attached single-family means a building serving as the residence of at least one holder of record of title to the property.
An individual, firm, corporation, partnership, association, trust, or other legal entity, or any combination thereof.
A portable device, carried or on wheels and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire.
A fire suppression system having predetermined flow rates, nozzle pressures, detection, and quantities of extinguishing agent. Such a system has the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and types of nozzles prescribed by a testing laboratory. The hazards protected by such a system are specifically limited as to type and size by a testing laboratory based upon actual fire tests. Limitations on hazards that can be protected by such a system are contained in the manufacturer's installation manual, which is referenced as a part of the listing.
A specific locality, area of land, or portion thereof, and shall include any buildings, structures, or portions of buildings or structures thereon.
Any equipment, device, system, or apparatus permitted or required by the Commissioner to be constructed or installed in or upon a building, structure, or premises for the purpose of protecting the occupants or intended occupants thereof, firefighters or the public generally from fire or combustion products.
Between the hours of 8:30 a.m. and 4:30 p.m. and/or such other time mutually agreed.
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
Every building, group of buildings, or a portion thereof which is kept, used maintained, advertised, or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration to one or more individuals and is meant to include apartments and apartment complexes. Exempt from all provisions of this chapter shall be any nonprofit senior citizen rental facilities, which shall be defined as any facility with more than 50 rental units and is maintained and operated by a nonprofit organization, as defined by the United States Internal Revenue Code, for the primary benefit of senior citizens.
A dwelling unit that is available for lease and/or rental purposes and is meant to include a dwelling unit offered for lease and/or rental, including but not limited to three-family homes, etc., as well as individual apartments located within apartment complexes.
Any detached one- or two-family residential structures or any building providing multi-dwelling units for the accommodation of nontransient tenants.
The owner, occupant, and/or tenant of the building structure is responsible for compliance with the provisions of the Act.
Wood for fuel that has been air-dried and has a moisture content value that is less than or equal to 50%.
Any real property designed and used for the purposes of renting or leasing individual storage spaces to occupants who are to have access to such space for the purpose of storing and removing personal property.
A technology or device, such as a photovoltaic module, that captures and converts solar radiation to produce energy.
A fire protection system consisting of an arrangement of piping, valves, hose outlets, and allied equipment installed in a building or structure.
The State of N.J.
The model code of the International Code Council (ICC), known as the International Fire Code (IFC), N.J. Edition adopted by reference in 5:70-3.1(a) as the State Fire Prevention Code for N.J., subject to the modifications set forth in 5:70-3.2.
The laws of the State of N.J.
A combination of materials to form a construction for occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land; provided, the word "structure" shall be construed when used herein as though followed by the words "or part or parts thereof and all equipment therein" unless the context clearly requires a different meaning.
Supervisory authority over personnel of a fire department may be exercised by the mayor of the municipality or delegated, by resolution, or any employee or employees thereof.
An entire building, or that portion of a building or story, which is or is intended to be under the control of a single owner or tenant.
The N.J. Uniform Construction Code (N.J.A.C. 5:23-1 et seq.); shall locally be enforced by the Construction Official.
The use to which a building, portion of a building, or premises is put as follows. It shall also mean and include any place, whether constructed, manufactured, or naturally occurring, whether fixed or mobile, that is used for a human purpose or occupancy that would subject it to the provisions of this code if it were a building or premises.
The classification of an occupancy (also see "group"). The use group designations below shall be used for all use group references in this code, except for N.J.A.C. 5:70-3, where the use group designations contained in the UCC, N.J.A.C. 5:23, shall be used.