Pursuant to N.J.S.A. 17:36-8 et seq., no insurer issuing fire insurance policies in this state shall pay any claims for fire damages in excess of $2,500 on any real property located within a municipality to any fire insurance policy issued or renewed after the adoption of this article and after the filing with the State Commissioner of Insurance, until such time as anticipated that demolition costs and all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search of the municipality pursuant to N.J.S.A. 54:5-12, either by the owner of such real property or by the insurance company, or the municipality enters into an agreement pursuant to N.J.R.S. 54:5-19 or Article 7 of Chapter
5 title 54 of the revised statute(s).
A. Anticipated costs of demolition. If a demolition has not yet occurred
on the date of receipt of a request for an official certificate of
search, pursuant to this section, the insurer shall provide on that
certificate an estimate of the anticipated costs of demolition. The
insured on notice shall pay the anticipated cost of demolition to
the municipality, which shall hold the funds in an interest-bearing
escrow account in a state or federally charted bank, savings bank,
or savings-and-loan association in state.
B. Appeals. If an appeal is taken on the amount of any lien or charge
other than an appeal on the assessed valuation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable
to the court of record to be held by the court in an interest-bearing
escrow account in the state or federally chartered bank, savings bank
or savings-and-loan association in the state in an amount totaling
75% of the full amount of the lien or charge being contested, but
not to exceed the proceeds payable under its insurance policy, and
the insurance company shall issue a draft payable to the municipality
for the remaining 25% of the lien or charge being contested with the
full amount paid by the insurance company to the court and the municipality
not to exceed the proceeds payable under its insurance policy pending
termination of all proceedings, at which time such moneys and all
interest accruing thereon at a rate paid on interest-bearing accounts
in state or federally chartered banks, savings banks or savings-and-loan
associations to the state shall be disbursed in accordance with the
final order and/or court judgment.
The LEA may invoice and recover the cost of fire-fighting materials
used and expended; the cost of the use of the fire trucks, fire engines,
rescue equipment, and/or any other fire equipment; the cost of personnel
hours; the cost of hazardous situations abatement materials; and any
other reasonable costs incurred, with respect to any emergency and/or
emergency incident(s) which the EHFD and/or Bureau of Fire Prevention
and/or mutual aid department(s), as well as any other actual expenses.
A. Fee schedule; cost. The fee schedule for the cost used and expended, as said above in §
26-41, is as follows:
(1) Fire Inspector/Fire Marshal: $85 per hour - two-hour minimum;
(a)
Fire fighter: $75 per hour - two-hour minimum;
(b)
Line officer: $85 per hour - two-hour minimum;
(c)
Chief officer: $100 per hour - two-hour minimum;
(d)
Administrative support: - $45 per hour - two-hour minimum.
(e)
Fire apparatus(s) and/or authorized emergency vehicle(s):
[1]
Command car - $45 per hour - two-hour minimum;
[2]
Pumper/engine - $100 per hour - two-hour minimum;
[3]
Aerial truck - $125 per hour - two-hour minimum;
[4]
Utility/support - $85 per hour - two-hour minimum.
Subsequent owners or those succeeding to control over the premises
shall be responsible for correcting unabated violations and for the
payment of outstanding fees and/or penalties whether or not they have
requested a certificate of fire code status. This shall apply for
all nonresidential building(s) and/or structure(s) requiring and/or
requesting a certificate of occupancy (CO), and/or certificate of
habitability (CH), and/or certificate of acceptance (CA). The application
fee for a certificate of fire code status and/or inspection is set
forth in § 23-36A(11).
The fee established for copies of fire report(s) and/or fire
investigation(s) reports for insurance companies, owners, and/or occupants
shall be $40 payable to the municipality.
All dwelling and multiple dwelling(s) rental units shall hereafter
be registered with the LEA on forms which shall be provided for that
purpose and which shall be obtained from the LEA.
A. Exemption. One- and two-family or attached single-family structure.
B. Initial registration provisions. Each rental unit shall be registered;
the registration shall be effective so long as the occupancy of the
rental unit and the information necessary to obtain the certificate
of registration has not changed. The initial registration shall occur
within 30 days following the adoption of this chapter. No rental unit
shall hereafter be rented unless the rental unit is registered and
a certificate is issued in accordance with this chapter.
C. Registration forms; filing; contents. Without in any way intending
to infringe upon the requirements of N.J.S.A. 46:8-28, all rental
units shall be registered, and a said certificate shall be issued
as provided herein. Every owner(s) shall file with the LEA or designee
of the municipality such other person(s) as designated by the LEA
a registration form for each unit contained within a building or structure,
which shall include the following information:
(1) The name(s) of the tenant of record and occupants, which information
shall be made available only to the Board of Education. This information
shall remain confidential and not be available to the public.
(2) The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
person(s). In the case of a partnership, the names and addresses of
all general partners shall be provided, together with the telephone
numbers for each of such individuals indicating where such individuals
may be at all hours of the day.
(3) If the record owner is a corporation(s), the name(s) and address(s)
of the registered agent(s) and corporate officer(s) of said corporation
shall be provided, together with the telephone numbers for each of
such individuals indicating where such individuals may be reached
both during the day and evening hours.
(4) The name(s) and address(s) of the agent of the premises, if any.
(5) The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian, or other individual employed by
the owner or agent to provide regular maintenance service, if any.
(6) The name, address, and telephone number of an individual representative
or the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the failure
of any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith.
(7) The name(s) and address(s) of every holder(s) of a recorded mortgage
on the premises.
(8) If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name(s) and address(s) of the fuel oil
dealer servicing the building and the grade of fuel oil used.
(9) As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. To satisfy the requirement of
this provision, an owner shall submit the square footage of the rental
unit, which shall become part of the application, and which shall
be attached to the registration form when filed by the LEA and/or
designee.
(10)
Such other information may be prescribed by the municipality.
D. Registration fee. The registration fee shall be $50 for each rental
unit, and there shall be renewal must be made every three years (per
unit) or upon a change in tenant within those three years, and the
renewal fee shall be $50.
(1) Exemption. There will be no fee for owner-occupied units: the owner
must be on the deed and must supply a copy of their driver's
license or some other document as proof of residency.
E. Occupant(s) standards.
(1) Standards. Only those occupants whose names are on file with the
LEA, as provided in this chapter, may reside on the premises. It shall
be unlawful for any other person(s) to reside in said premises, and
this provision may be enforced against the landlord(s), tenant(s),
or other person(s) residing in said premises.
(2) Nuisance; prohibited. No rental facility shall be conducted in a
manner that shall result in any unreasonable disturbance or disruption
to the surrounding properties and property owners or of the public,
in general, such that it shall constitute a nuisance as defined in
the ordinances of the municipality.
(3) Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged upon the premises by occupants and their guests
shall at all times be in full compliance with all applicable ordinances
and regulations of the municipality and with all applicable state
and federal laws.
F. Inspections; access for inspections and complaints.
(1) Subsequent to the initial registration, each rental unit shall be
inspected at the change in occupancy of the unit before a new tenant
under occupies provisions of P.L. 1991, c. 92 (C. 52:27D-198.1 et
seq.).
(2) Said inspection shall be performed by the LEA, by an authorized representative(s),
and inspections made by a person(s) or an agency other than the duly
authorized and appointed person(s) or agency of the municipality shall
not be used as a valid substitute. Said inspections shall be for the
purpose of determining compliance with the Uniform Fire Safety Act
(N.J.S.A. 52:27D-192 et seq.), this code, and other related codes,
regulations, and laws promulgated.
G. Violations and penalties.
(1) When the responsible party of the premises does not comply with the
requirements of Section 1 of P.L. 1991, c. 92 (C. 52:27D-198.1), or
without complying with the inspection and certification requirements
of Section 2 of P.L. 1991, c. 92 (C. 52:27D-198.2), shall be subject
to a penalty of not more than $500 and in the case of a violation
of an alarm device.
(2) It shall be subject to a penalty of not more than $100 in the case
of a violation of a portable fire extinguisher, which may be collected
and enforced by the LEA agency as defined in subsection g. of Section
5 of P.L. 1983, c. 383 (C. 52:27D-196).
(3) Failure to renew every three years or to notify the LEA upon change
of tenant will result in an increased fee which shall double for each
offense.
(4) Any person(s), firm(s), and/or corporation(s) which shall violate any provisions of this article with the exception of §
26-45F(2) shall be subject to the penalty as provided in §
26-39 in this code. Each violation of any of the provision(s) of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
It shall be a violation of this code for any person(s) knowledge
of the occurrence of any fire; any attempted arson; the activation
of any fire protection system and/or device; the spill or leakage
of any flammable or combustible liquid or gas; or the spill or leakage
of any hazardous material, to fail to report the incident to the FD
and/or the LEA instantly.
A. Violations and penalties. Any person(s), responsible party, owner, firm, corporation, entity, or partnership who fails to report any incident described herein and as previously mentioned or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under §
26-39 of this code.
All gas detection system(s) installed shall be tested annually
per the manufacturer's specifications, and written documentation
shall be supplied to the Bureau Chief and/or their authorized representative(s)
regarding the result of such tests.
A. Violations and penalties. Any person(s), responsible party, owner, firm, corporation, entity, or partnership who fails to report any incident described herein and as previously mentioned or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under §
26-39 of this code.
This code requires clearing snow covering or obstructing fire
hydrants, or both. Clearing of snow shall be in accordance with the
N.J. Uniform Fire Code, which is as follows:
A. Hydrants shall be cleared at least 36 inches in all directions, including
the access path necessary for connecting hose lines and operating
the fire hydrant.
B. Fire hydrants shall be cleared of snow within 24 hours of coverage.
C. Suppose additional snow is deposited around a cleared hydrant after
initial clearing by plowing or subsequent storm activity. In that
case, an additional twenty-four-hour period may be granted to remove
the additional accumulation.
D. Responsibility for clearing hydrants may be assigned to:
(1) The owner of any real property abutting said hydrant(s),
(2) A municipal department, municipal DPW, Water and Sewer Utility specified
in the ordinance, or,
(3) The owner of the water system/hydrant.
E. Failure to perform under Subsection
D above shall result in the following:
(1) If the responsible party fails to comply in the specified time, any
department within the municipality thereof may perform the clearance
and penalize the responsible party $75.
(2) The ordinance may contain provisions to relieve these requirements
for certain persons physically incapable of performing this task.
All open burning within the municipality is prohibited unless
specifically excepted herein and obtained a permit from the Bureau
Chief and/or an authorized representative(s).
A. Exceptions.
(1) Open burning in approved containers shall be allowed without a permit
at single-family homes and duplexes, subject to the regulations contained
herein. All other locations shall require a permit from the LEA.
(2) Bonfires shall only be permitted with the approval of the Bureau
Chief, who may impose conditions on a permit at the LEAs authorized
representative(s) discretion, and shall be subject to the following
additional regulations:
(a)
A bonfire shall not be conducted within 50 feet of a structure
or combustible material unless the fire is contained in a barbecue
pit. Conditions that could cause a fire to spread within 50 feet of
a structure shall be eliminated before ignition.
(b)
A bonfire shall not be more than five feet by five feet by five
feet in dimension and shall not burn longer than three hours. The
maximum size and duration of a bonfire shall not be increased by the
Fire Marshal unless it is determined that the fire safety requirements
of the situation and the desirable duration of burn warrant the increase.
(c)
Fuel for a bonfire shall consist only of seasoned dry firewood
and shall be ignited with a small quantity of paper. The fire shall
not be utilized for waste disposal purposes, and fuel shall be chosen
to minimize the generation of air contaminants.
B. Compliance.
(1) All open burning shall comply with the provisions provided in the
N.J. Uniform Fire Code, Open Burning, and Recreational Fires.
C. Regulations.
(1) All open burning is subject to the following requirements:
(a)
All fires shall be contained in outdoor structures and/or LEA-approved
containment only.
(b)
No open fire or outdoor fire shall be conducted within 15 feet
of a structure, on any porch, deck, balcony, or other portion of a
building; within any room or space within a building; or under any
building overhang; provided, however, that an open fire or outdoor
fire may be conducted on a concrete or stone patio if all other provisions
and proximity restrictions of this article are met.
(c)
Fires shall be limited to a maximum of three feet in diameter
and two feet in height and shall be contained in a noncombustible
chimenea, outdoor fireplace, fire pit, or other method approved by
the Bureau Chief and/or an authorized representative(s).
(d)
All openings in the container or fire pit shall be covered with
wire mesh or other screening materials to prevent sparks and embers'
passage.
(e)
Fires must be kept at least 15 feet from any structure or other
combustibles that may ignite and permit the spread of fire (examples:
shrubs, trees, fences) and in an approved container.
(f)
Fires must be constantly attended to until entirely extinguished.
(g)
The burning of rubbish, yard waste, leaves, garbage, paper products,
or anything other than firewood as set forth herein is prohibited.
The use of flammable liquids is strictly prohibited.
(h)
In addition to the provisions of this article, portable outdoor
fireplaces shall be used following the manufacturer's instructions.
(i)
Outdoor burning is prohibited when wind speeds exceed 10 miles
per hour.
(j)
While outdoor burning is being conducted, it shall always be
attended by a person at least 18 years of age.
(k)
Adequate fire-suppression equipment such as shovels, fire extinguishers
rated at 4A or larger, water hoses, or similar equipment sufficient
to extinguish the fire shall always be present on the property where
outdoor burning is conducted.
(l)
Only fireplace matches or propane lighters may be used to start
an open burn fire, and the recommendation is that a fire lasts no
longer than three hours.
(m)
When finished, all noncoal shall be extinguished with a water
hose or bucket of water and be left alone for at least 24 hours.
(n)
Hot coals and ash shall not be bagged or disposed of in a garbage
container until thoroughly extinguished.
(o)
No person(s) shall cause an open fire and/or outdoor fire to
be used or maintained in such a manner as to create a hazard and/or
cause a nuisance.
(p)
The Bureau Chief and/or an authorized representative(s) and/or
any FD officer and/or an EHPD officer may order an outdoor burning
activity to cease if conditions are such or the activity is so situated
to endanger the health or safety of persons or property located in
the general area of the activity or is offensive or objectionable
such as but not limited to smoke entering a neighboring residence.
(q)
If the party responsible for outdoor burning activity does not
immediately comply with an order to cease given pursuant to this subsection,
the Bureau Chief and/or an authorized representative(s) and/or the
FD may extinguish the fire, and the party responsible shall be subject
to the penalties set forth below.
(r)
Any open fire and/or use of a chimenea, outdoor fireplace, or
fire pit which creates a nuisance and/or is deemed a hazard by an
FD Officer or Bureau Chief and/or an authorized representative(s)
and/or EHPD Officer shall be extinguished.
D. Violations and penalties.
(1) Any person(s) and/or responsible party and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under §
26-39 of this code.
(2) Whenever the FD and/or an LEA-authorized representative(s) and/or
EHPD Officer orders the extinguishment of any open burning, there
is no appeal process, and failure to extinguish the fire as ordered
shall be unlawful.
(3) When the said person(s) and/or responsible party has been given notice
of the existence of a violation of this code and has not abated the
violation, they shall be liable to a penalty in the amount of the
actual cost to the FD of suppressing any fire and/or operating at
an emergency incident that was directly and/or indirectly resulting
from the said violation(s). All money collected pursuant to this subsection
shall be paid to the municipality and appropriated to the FD to defray
the certified costs.
On-demand mobile fueling operations that dispense Class I, II,
and III liquids into the fuel tanks of motor vehicles or other fueled-powered
equipment shall not be conducted before obtaining a permit from the
LEA and shall occur only at approved locations that receive approval
from the Bureau Chief. The LEA-authorized representative(s) shall
inspect each mobile fueling vehicle and its equipment to ensure that
the equipment is in good working order, maintained in good repair,
and within compliance with the provisions of this section before issuing
a permit to operate. A mobile fueling vehicle with a mounted tank
in excess of 110 gallons (415 L) shall comply with the requirements
of NFPA 385, with all local, state, and federal requirements. A mobile
fueling permit shall be issued for each fuel dispensing vehicle that
dispenses Class I, II, or III liquids, and the permit fee is $100
and shall be paid annually.
A. Exception.
(1) Fueling from an approved portable container in emergency cases or
for personal use.
B. Plan review.
(1) Two copies of legible, fully dimensioned site plans drawn to a standard
scale shall be submitted to the Bureau Chief before mobile fueling
operations.
C. Mobile fueling areas.
(1) The Bureau Chief is allowed to impose limits on the day(s) and time(s)
during which mobile fueling operations are allowed to take place and
specific locations on a site where fueling is permitted.
(2) Mobile fueling shall not occur on public streets, public ways, or
inside buildings. Fueling on the roof level of parking structures
or other buildings is prohibited.
(3) Mobile fueling sites shall be restricted to commercial, industrial,
governmental, or manufacturing where the parking area having such
operations is primarily intended for employee vehicles. Mobile fueling
shall be conducted for fleet fueling or employee vehicles only, not
the public. Commercial sites shall be restricted to office-type or
similar occupancies not primarily intended for public use.
D. Spill reporting.
(1) Any spill in excess of five gallons (19 L) shall be immediately reported
to the LEA.
E. Violations and penalties.
(1) Any person(s) and/or responsible party and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under §
26-39 of this code.
(2) When any person(s) and/or owner(s) and/or responsible party has been
given notice of the existence of a violation of this code and has
not abated the violation, they shall be liable to a penalty in the
amount of the actual cost to the FD of suppressing any fire and/or
operating at an emergency incident that was directly and/or indirectly
resulting from the said violation(s). All money collected pursuant
to this subsection shall be paid to the Municipality and appropriated
to the FD to defray the certified costs.
The sprinkler system shall be monitored by a UL-listed central
monitoring station/alarm monitoring company when capable of receiving
and identifying alarm and/or trouble signals from the exact zone of
origin. The approved company shall then be able to relay that same
information, in plain language, to the LEA and the EHPD. Ample horn/strobe
devices connected to the water flow devices shall be installed to
alert all occupants of water flows. All horn/strobe devices shall
also be installed in all breezeways on the exterior of the building
and all common areas. An exterior horn/strobe shall be located on
the front of the building. The location of devices may change after
reviewing the alarm drawings. During the monitoring equipment plan
review, the Bureau Chief shall have final discretion.
A. Retrofit. All existing buildings shall comply with the requirements
outlined in this section within 90 days from its effective date.
B. Violations and penalties. Any person(s) and/or responsible party and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under §
26-39 of this code.
Suppose any chapter, section, subsection, or paragraph of this
Fire Prevention Code shall be declared to be unconstitutional, invalid,
or inoperative, in whole or in part, by a court of competent jurisdiction.
In that case, such chapter, section, subsection, or paragraph shall,
to the extent that it is not unconstitutional, invalid, or inoperative,
remain in full force and effect. No such determination shall be deemed
to invalidate the remaining chapters, sections, subsections, or paragraphs
of the Fire Prevention Code. All ordinances or parts of ordinances
inconsistent herewith are hereby repealed, and this section shall
take effect immediately upon final passage and publication by the
law.