Fire safety compliance has always been and continues to be a high priority for the Township of Bloomfield. Fire officials frequently assess what can be done to assure the safety of all Bloomfield residents, and to that end, the Township deems it necessary to implement fire watch procedures when there exist substantial risks to life, safety and property, including when all or part of the required fire protection systems in Township structures are intentionally interrupted for repairs and maintenance, not functioning properly, not functioning at all, or when they are damaged or destroyed by fire or other disaster. In certain circumstances detailed herein, the Fire Official, or his designee, is hereby authorized to order a fire watch for the affected structure to ensure continued safety of residents during this period.
[Added 5-19-2025 by Ord. No. 25-16]
As used in this article, the following terms shall have the meanings indicated:
Is a Township-ordered temporary measure intended to ensure continuous and systematic surveillance of a building or portion(s) thereof by one or more qualified individuals for the purpose of identifying and controlling fire hazards, detecting early signs of an unwanted fire, raising an alarm of fire to the occupants and notifying the Fire Department.
A.
A fire watch may be ordered by the Fire Official or his assigned designee in public and privately owned buildings and/or properties within the Township of Bloomfield under the following circumstances:
(1)
Required fire-protection systems are out of service due to system failure, repair, scheduled maintenance, vandalism, etc.;
(2)
A fire watch is requested by the building owner, tenant, or lessee;
(3)
Public and private events where 100 people or more are in attendance;
(4)
Events where with the approval of the Fire Official or their assigned designee where the posted occupancy load is exceeded;
(5)
The presence of an imminent hazard as defined by N.J.A.C. 5:70-2.16;
(6)
Conducting hot work; and
(7)
All other situations deemed necessary by the Fire Official or their assigned designee.
B.
A fire watch may include the maintaining of posted fire lanes, means of egress, posted occupancy loads, enforcement of no smoking in posted areas, building surveillance for signs of smoke or fire, checking for proper permits, inspecting for proper safety precautions of cooking equipment, and other functions as required by the Fire Official or their assigned designee.
Fire watches shall be performed by active members of the Township of Bloomfield Fire Prevention Bureau and/or the Township of Bloomfield Fire Department. Any qualified individuals used for the purposes of a fire watch shall report directly to the Fire Official or their assigned designee, who will report to the Administrator of the Township of Bloomfield. In the event none of the above is available, other qualified individuals or third-party private service may be utilized at the discretion of the Fire Official or their assigned designee. The third-party service would be required to provide the Township and the Fire Department with indemnification and insurance coverage as outlined herein.
Sworn members of the Bloomfield Fire Department who are authorized to engage in off-duty employment shall be permitted to accept fire watch duties in accordance with the Bloomfield Fire Department Rules and Regulations, for private employers who are separate and independent from the Township of Bloomfield, only during off-duty hours, to perform fire watch functions on behalf of and as assigned by the Fire Chief, while receiving compensation from the Fire Department at the rates established by the contracting entity representing the Bloomfield Fire Department with the Township of Bloomfield, at such times as will not interfere with the efficient actual performance of regularly scheduled or emergency duty for the Township.
The Fire Official or their designee shall stipulate the terms of the fire watch to include staffing, equipment needs, and back-up fire protection based on the situation. Fire watch responsibilities will include but not be limited to:
A fire watch shall be paid for by the building Owner, as defined by N.J.A.C. 5:70-1, et. seq. or organization for which the fire watch is requested or required, as appropriate. All fire watch services deemed necessary by the Fire Official, or their designee, shall be paid in accordance with the fee schedule in this section. When personnel and/or apparatus are required or mandated or as directed by the Fire Chief or Fire Official and/or an authorized representative(s), and/or as requested by any person(s) or entity to perform any duties, fees are outlined as follows:
A.
For a member of the Bloomfield Fire Department or Division of Fire Safety, an hourly rate equal to 1.5 times the currently published collective bargaining agreement rates with Firemen's Mutual Benevolent Association, American Federation of State, County and Municipal Employees or other such contracting entity with the City. There shall be a four-hour minimum for each person conducting the fire watch.
B.
Fire apparatus shall be an hourly rate equal to 1.5 times the currently published Federal Emergency Management Agency rate(s).
C.
Time shall be in "whole hours"; there are no fractional hours. Once the subsequent hour has begun, the party responsible shall be invoiced for the entirety of that hour.
D.
There shall be an additional 15% administrative fee paid to the Township of Bloomfield.
E.
All payments shall be made within 10 calendar days after service is provided.
F.
Payments shall be made payable to the Township of Bloomfield, Local Enforcing Agency.
A.
By written consent of the Fire Official or their designee a fire watch can be conducted by a private security company or private employer ("third-party").
B.
The Third-Party be responsible for providing all insurance coverage as required by law. The applicant shall provide the Township of Bloomfield with appropriate certificates of insurance naming the Township of Bloomfield, the Fire Department, Local Enforcing Agent, fire fighters of the Township of Bloomfield and fire marshals of the Township of Bloomfield as additional insured and evidencing that the Township of Bloomfield are covered by general liability coverage on an occurrence basis of at least $1,000,000 each occurrence and statutory workman's compensation insurance with respect to the services to be provided.
C.
The certificate of insurance or the policy shall contain the following language: "The Township of Bloomfield, its agents, servants and administrators are included as additional insureds with respect to general liability coverage as required by written contract."
As an alternative, the Fire Official or their designee, after consultation with the Business Administrator may accept a board-form policy endorsement in addition to a certificate of insurance (with language satisfactory to the Township's Risk Manager, in accordance with Township policies and procedures) naming the Township of Bloomfield, the Fire Department, Local Enforcing Agent, fire fighters of the Township of Bloomfield and fire marshals of the Township of Bloomfield as additional insureds under the policies.
Any person, partnership, corporation, or other entity that violates the provisions of this article shall be subject to the penalties as set forth in the Uniform Fire Code.