[HISTORY: Adopted by the Township Council of the Township of West Milford 6-19-2002 by Ord. No. 2002-18; amended in its entirety 11-9-2011 by Ord. No. 2011-020. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Fire Prevention Code of the Township of West Milford" and is herein referred to as the "code."
Adoption and local enforcement of the State of New Jersey Uniform Fire Code:
A. 
Local enforcement. Pursuant to Section 11 (N.J.S.A. 52:27D-202) of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Uniform Fire Code shall be locally enforced in the Township of West Milford.
B. 
Local enforcing agency. The local enforcing agency shall be the Division of Fire Prevention in the Township of West Milford Department of Public Safety. The Fire Marshal shall serve as Chief of the Division of Fire Prevention.
C. 
Duties. The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Township of West Milford, except owner-occupied one- and two-family dwellings used exclusively for dwelling purposes, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.[2]
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[2]
Editor's Note: See N.J.A.C. 5:70 et seq.
D. 
Life hazard uses. The local enforcing agency established by Subsection B of this section 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.
E. 
Organization. The local enforcing agency established by Subsection B of this section shall be under the direct supervision and control of the Fire Marshal, who shall report to the Director of Public Safety.
F. 
Legal counsel. The Township Attorney shall provide legal counsel to the Division of Fire Prevention pursuant to N.J.A.C. 5:70 et seq.
A red light shall be illuminated 24 hours per day over any Division of Fire Prevention connection. In such suppression systems that have siamese connections supply zoned areas of suppression, the red light shall flash intermittently over the siamese connection of the activated zone. The rate of flash shall not be less than 60 flashes per minute.
Any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Passaic County.
Permit fees, smoke detector inspection and reinspection fees and annual inspection fees are set forth in Chapter 135, Fees and Costs.
[Amended 4-19-2023 by Ord. No. 2023-009]
A. 
Penalties and enforcement shall be as provided for in the Uniform Fire Code.
B. 
False alarms.
(1) 
The following penalties shall be assessed for false alarms occurring within a one-year time period:
(a) 
First two alarms: warning only.
(b) 
Third alarm: $200.
(c) 
Fourth alarm: $300.
(d) 
Fifth through seventh alarm: $400.
(e) 
Over seven alarms: $1,400.
(2) 
The failure to pay a penalty assessed under this section within 30 days of the occurrence shall be deemed a violation of this chapter.
(3) 
All penalties collected pursuant to this section shall be placed in the Division of Fire Prevention trust account.
C. 
Blocking, interfering, tampering with suppression equipment. Blocking access, interfering, tampering with or causing malicious damage to any fire alarm, suppression system, fire communications system, fire detection, first-aid firefighting system, device, unit or part thereof shall result in a mandatory fine of $500 per violation. During an actual alarm, such a violation shall result in a mandatory fine of $1,000 per violation. Fines shall remain in effect until conditions are deemed corrected by the Fire Marshal. Failure to comply shall result in an issued summons to appear in court.
A. 
Whenever it is deemed necessary for public safety, the Fire Marshal of the Township of West Milford may order and require the owner or the owner's agent of any multiple dwelling unit, place of public assembly, school, shopping center, business establishment, house of worship or commercial or industrial zoned property to designate as fire zones, driveways, parking areas or other areas necessary for fire department access and fire safety. Upon issuing such written order, the Fire Marshal shall, at the same time, require the owner or the owner's agent of such premises to provide, erect and maintain metal signs and markings in paint upon the pavement, designating such location as a fire zone and that no parking shall be permitted therein. Such metal signs and markings shall be of a design and quality approved by the Fire Marshal.
B. 
No person shall at any time park a vehicle or in any other manner obstruct any area that has been designated as a fire lane pursuant to an order issued by the West Milford Division of Fire Prevention. Failure to abide by this order will result in a fine of $54.
Whenever a determination is made by the Fire Marshal that an increased potential of fire, life, or property loss is present at any building, there may be ordered a protective fire watch to be performed by trained personnel from the ranks of the Division of Fire Prevention or Fire Department. The requirement for such watch shall consider the status of occupancy and use, fire protection equipment, structural damage from fire or accident, and the potential for fire from all sources. The cost for this watch shall be borne by the owner of the involved property or the persons responsible for creating such hazard and shall be paid within 30 days of received written proof of cost and personnel hours. Uncollected fees are subject to the jurisdiction of the Township Municipal Court and may be pursued through the Penalty Collection Act.[1]
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
Building or tenant areas that are not occupied shall be inspected by the Division of Fire Prevention. An annual non-life hazard inspection fee may be assessed on the building or premises based upon the building type and hazard. Such charges are reflected in § 135-17 of this code.
A. 
Costs incurred by the Township of West Milford Fire Department for items damaged and/or destroyed, and/or used in connection with the suppressing, control or cleanup of a fire or emergency situation shall be reimbursed to the Township of West Milford by the property owner or responsible parties involved.
B. 
The provisions of this chapter shall be enforced by the Township of West Milford Division of Fire Prevention. Such charges for reimbursements shall be made at the discretion of the Fire Marshal.
A. 
Definitions. For the purpose of this section, the following definitions shall apply:
CHIMINEA, OUTDOOR FIREPLACE or OUTDOOR FIRE PIT
As defined by the manufacturers, approved containers for open burning.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter.
NUISANCE
Any odor, emission, or event that prevents the reasonable use and enjoyment of one's property.
OPEN BURNING
An outdoor fire where wood or any combustible materials are burned for entertainment. Open burning is allowed at single-family homes, duplexes and townhomes without a permit, provided the regulations set forth herein are met.
TREATED LUMBER
Dry wood which has been milled and dried and has been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
B. 
Open burning regulations.
(1) 
Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes, townhomes, subject to the regulations contained herein.
(2) 
Fires shall be limited to a maximum three-foot diameter and two-foot height, and must be contained in a noncombustible chiminea, outdoor fireplace, fire pit or other method, approved by the Fire Prevention Officer.
(3) 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers.
(4) 
Fires must be kept at least 10 feet from any structure or combustible exterior wall.
(5) 
Fires must be constantly attended.
(6) 
No such fire or container used for open burning may be used on any porch, deck, balcony or any other portion of a building; within any room or space; under any building overhang.
(7) 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, treated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited.
(8) 
All open fires as set forth herein shall be extinguished at the discretion of the Fire Prevention Officer or Police Department.
(9) 
The Fire Prevention Officer or police officer may order any open fire, or use of a chiminea, outdoor fireplace or fire pit which creates a nuisance, to be extinguished.
C. 
Enforcement.
(1) 
This section shall be administered by the Division of Fire Prevention and the Police Department.
(2) 
Any person, firm or corporation violating any of the provisions of this section, shall be liable to a fine not exceeding the sum of $1,250, or to imprisonment not exceeding 90 days, or both.
[Added 7-12-2023 by Ord. No. 2023-008]
A. 
Purpose. A rapid entry key lock box shall be installed on all commercial buildings and multifamily dwellings in accordance with the following requirements.
B. 
Applicability. The following buildings shall be subject to the provisions of this section:
(1) 
All buildings having an automatic fire detection or suppression system or buildings where visual inspection for the presence of fire is obstructed or buildings of life hazard use or when in the opinion of the Fire Marshal there is a need for immediate access in the event of fire.
(2) 
All multiple dwelling buildings, which contain more than two units, and which include any common area between the individual units, and which common area is locked from the outside of the building.
C. 
Rapid entry key system types.
(1) 
All rapid entry key lock boxes shall be UL (Underwriters Laboratories) certified, Knox-Box® brand, or equivalent and approved by the Fire Marshal.
(2) 
All rapid entry key lock boxes shall be maintained with up-to-date keys and building information. This shall be the responsibility of the building and/or business owner.
D. 
Exemptions. Excluded from the requirements of this section are one- and two-family dwellings identified and defined by the Uniform Construction Code, N.J.A.C. 5:23 et seq., as R-3 and R-4.
E. 
Location. The rapid entry key lock box shall be located at or near the main entrance to the building or property. The key lock box shall be mounted at a minimum height of five feet and a maximum of six feet above final grade.
F. 
Key lock box contents. The key lock box shall contain labeled keys, easily identified in the field, to provide access into the property and/or building and to any locked areas with said building and as may be further directed by the Fire Marshal.
G. 
Violations and penalties. Penalties for violations of this section shall be imposed in the manner set forth in Chapter 1, Article III, General Penalty, of the Township Code.