[Adopted by Ord. No. 1154 (Sec. 12-1 of the 1988 Code); amended in its entirety 11-24-2015 by Ord. No. 1648]
Pursuant to N.J.S.A. 52:27D-202, the New Jersey Uniform Fire
Code shall be locally enforced in the Borough of Franklin Lakes.
The local enforcing agency:
A.Â
Shall be the Borough of Franklin Lakes Fire Department through its
Bureau of Fire Prevention, which is hereby created therein.
B.Â
Shall enforce the New Jersey Uniform Fire Code in all buildings,
structures and premises within the established boundaries of the Borough
of Franklin Lakes, other than owner-occupied buildings used exclusively
for dwelling purposes and containing fewer than three dwelling units,
or buildings, structures, and premises owned and operated by the state,
interstate agencies or the federal government.
C.Â
Shall faithfully comply with all the requirements of the Uniform
Fire Safety Act and the Uniform Fire Code.
A.Â
Appointments and qualifications of Fire Official. The Fire Official
shall be appointed by the Mayor with the consent of the Council. This
appointment shall be made from a list of qualified candidates who
fulfill all of the requirements of the position, submitted to the
Mayor and Council by the Fire Chief. The list presented by the Fire
Chief shall include at least three candidates. Where the list contains
less than three candidates, the Mayor and Council may consider along
with those named on the list, individuals who are not on the list
and not members of the Fire Department. However, a preference shall
be given to the members of the Franklin Lakes Fire Department.
B.Â
Appointment and qualifications of inspectors and other employees.
Inspectors and other employees of the enforcing agency shall be appointed
by the Mayor with the Council's consent upon the recommendation of
the Chief of the Fire Department and the Fire Official. All life hazard
use inspectors shall be certified by the New Jersey State Divisions
of Fire Safety.
C.Â
Appointment of legal counsel. The governing body shall specifically
appoint legal counsel to assist the agency in enforcing the Uniform
Fire Code.
D.Â
Term of office. The Fire Official shall serve for a term of three
years. Fire Inspectors shall serve for a period of one year. Any vacancy
shall be filled for the unexpired term.
E.Â
Removal from office. The Fire Official, inspectors and other employees
of the enforcing agency shall be subject to removal by the Mayor,
with consent of Council for just cause. Each inspector or employee
to be so removed shall be afforded an opportunity to be heard by the
appointing authority or designated hearing officer.
A.Â
The Bureau of Fire Prevention, as established by § 259-2 of this article, shall carry out the periodic inspections of life hazard uses, as required by the Uniform Fire Code.
B.Â
The annual registration fee for life hazard uses shall be as specified
in the Uniform Fire Code, Subchapter 5:70-2.9(a).
[Amended 7-20-2021 by Ord. No. 1841]
A.Â
In addition to the life hazard use registrations required by the
NJ Uniform Fire Code, the following non-life-hazard uses shall register
with the Franklin Lakes Bureau of Fire Prevention. These occupancies
shall be inspected once per year and shall pay an annual fee as set
forth below. All building types or uses (except owner-occupied one-
and two-family dwellings) that are not required to be registered as
a life-hazard use in accordance with the New Jersey Uniform Fire Code
shall be subject to an annual local registration and fee as follows:
(2)Â
Use group R-2 non-owner-occupied one- and two-family dwellings: $100.
(3)Â
Use Groups A (Assembly), B (Business), E (Educational), F (Factory/Industrial),
I (Institutional), M (Mercantile), and S (Storage/Warehouse), based
on gross floor area of building or tenant space:
(4)Â
Use Group H (non-life-hazard use): $500.
B.Â
Occupants or tenants of nonresidential units shall be responsible
for the payment of the fees required by this section. Owners of nonresidential
buildings will be responsible for the fees required for the inspections
of utility areas, storage areas, common areas and other areas occupied
or controlled by the owner. Building owners will be responsible for
fees associated with residential dwellings.
C.Â
Vacant buildings will be charged and inspected according to the previous
use of the building or based on the applicable permit fee. Unoccupied
or unrented space fees shall be paid by the owner of the building.
A.Â
Fees for permits required by N.J.A.C. 5:70-2.7 shall be as stated
in N.J.A.C. 5:70-2.9(c).
B.Â
In accordance with N.J.A.C. 5:71-2.3(b)4, the following local permits
are required and application fees shall be charged as indicated; except
that fees in connection with Borough-sponsored events, such as the
Town Fair and Memorial Day ceremony, shall be $20 each.
[Amended 6-21-2016 by Ord. No. 1679; 3-20-2018 by Ord. No. 1734]
(1)Â
For the sale of small arms, ammunition, explosive bolts or rivets,
or cartridges for explosive activated power tools: Type 1 fees.
(2)Â
For the storage, handling or use of hazardous materials or chemicals:
Type 1 fees. This includes:
(a)Â
The melting, casting, heat treating, machining, or grinding
of more than one pound but not exceeding 10 pounds of magnesium per
work day.
(b)Â
Use or storage of liquefied petroleum gas or compressed flammable
gas in container exceeding five-pound capacity.
(c)Â
More than one pound but not exceeding 10 pounds of flammable
solids.
(d)Â
More than 200 standard cubic feet (SCF) but not exceeding 2,000
SCF of toxic, oxidizing or flammable compressed gas or more than 600
SCF of nonflammable or nontoxic compressed gas.
(e)Â
To store, use or handle (except medicines, beverages, food stuffs,
commonly accepted practices):
[1]Â
Greater than 5.5 gallons but less than 55 gallons of corrosive
liquids.
[2]Â
Greater than 50 pounds but less than 500 pounds of oxidizing
materials.
[3]Â
Greater than one pound but less than 10 pounds of organic peroxides.
[4]Â
Greater than five pounds but less than 500 pounds of nitromethane.
[5]Â
Greater than 25 pounds but less than 1,000 pounds of ammonium
nitrate.
(f)Â
If aggregate amounts exceed maximum quantities stated above,
N.J.A.C. 5:70-2.7(a) permits are required.
C.Â
Fees required by this section may be waived for nonprofit entities.
[Added 6-21-2016 by Ord.
No. 1679]
The following technical amendments are hereby made to the Uniform
Fire Safety Code:
A.Â
Chapter 3 - General Precautions Against Fire.
(1)Â
Accumulation of Waste is hereby amended to add the following sections:
(a)Â
Section 304, 304.1 through 304.3.3, reserved for the state.
(b)Â
Section 304.3.4 Dumpsters: General garbage containers known
as "dumpsters" shall not be located within 15 feet of any building
structure. In the event of a hardship or other extenuating circumstances,
relief from this requirement may be obtained by appealing to the Fire
Official, in writing. One or more of the following circumstances may
be considered as a basis for relief:
B.Â
Chapter 9 - Fire Protection Systems New Jersey State Uniform Fire
Code.
(1)Â
Water-Based Systems is hereby amended to add the following sections:
(a)Â
Sections 901.1 through 915.1 are reserved for the state.
(b)Â
F-506. - Blocking Fire Hydrants and Fire Department Connections:
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connects that are located on public
or private streets and access lanes or on private property. If, upon
the expiration of the time mentioned in a notice of violation, obstructions
or encroachments are not removed, the Fire Official may proceed to
remove the same. Costs incurred in the performance of necessary work
shall be paid from the municipal treasury, on certification of the
official and with the approval of the chief administrative official,
and the legal authority of the municipality shall institute appropriate
action for the recovery of such costs.
(c)Â
Section 916.1 - Hydrant Use Approval - A person shall not use
or operate any fire hydrant intended for the use of the Fire Department
or for the fire-suppression purposes, unless such person first secures
a permit for such use from the Fire Official and the water company
having jurisdiction. This section shall not apply to the use of such
hydrants by a person employed by, and authorized to make use by, the
water company having jurisdiction.
(d)Â
Section 917.1 - Public Water Supply - The Fire Official shall
recommend to the Mayor and Council of the municipality, the location
or relocation of new or existing fire hydrants and placement or replacement
of inadequate water mains located upon public property and deemed
necessary to provide an adequate fire flow and distribution pattern.
A fire hydrant shall not be placed into or removed from service until
approved by the Fire Official.
(e)Â
Section 918.1 - Yard Systems - All new and existing occupancies
and uses involving high fire or life hazards, and which are located
more than 150 feet from a public street or which require quantities
of water beyond the capabilities of the water distribution system,
shall be provided with properly placed fire hydrants. Such fire hydrants
shall be capable of supplying fire flows as required by the Fire Official,
and shall be connected to a water system in accordance with NFPA Standard
24. The Fire Official shall designate and approve the number and location
of fire hydrants. The Fire Official may require the installation of
sufficient fire hose and equipment housed in accordance with the approved
rules and may require the establishment of a trained fire brigade
when the hazard involved requires such measures. Private hydrants
shall not be placed into or removed from service until approved by
the Fire Official.
(f)Â
Section 919.1 - Fire Department Connection Light - A blue light
shall be installed six feet above any Fire Department connection.
The light shall be illuminated 24 hours per day. If a suppression
system is activated, the light shall flash intermittently.
C.Â
Chapter 33 - Explosives and Fireworks, Uniform Fire Safety Act.
Pursuant to N.J.A.C. 5:70-2.19, any person aggrieved by any
action of the local enforcing agency shall have the right to appeal
to the Bergen County Construction Board of Appeals.
Enforcement and violations and penalties shall be in conformity
with the Uniform Fire Safety Act.
The Chief of the Fire Prevention Bureau shall have the power
to modify any of the provisions of the Fire Prevention Code of the
Borough upon application in writing by the owner or lessee, or his
duly authorized agent, when there are practical difficulties in the
way of carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification when granted or
allowed and the decision of the Chief of the Bureau of Fire Prevention
thereon shall be entered upon the records of the Department, and a
signed copy shall be furnished to the applicant.
A.Â
Neither this article nor the fire prevention standards of the Borough
adopted herein shall be construed to permit or authorize the performance
of any act or the use, operation or maintenance of any lands or premises
or other structure, amusement or business:
B.Â
In any case where a provision of the fire prevention standards of
the Borough or of this article is found to be in conflict with any
provisions of the Code of the Borough, the provision which establishes
the higher standard for the promotion and protection of the safety,
life and property of the people shall prevail.