Borough of Franklin Lakes, NJ Uniform Fire Safety

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.

Shall faithfully comply with all the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

§ 259-3 Organization.

The Bureau of Fire Prevention established by § 259-2A of this article:

(1)

Shall be a part of the Franklin Lakes Fire Department.

(2)

Shall be under the direct supervision and control of the Fire Official, who shall report to the Chief of the Fire Department.

(3)

Shall have at least one paid inspector as stipulated by the State Fire Code.

The Fire Official shall be Chief of the Bureau of Fire Prevention.

§ 259-4 Fire Official, inspectors and other employees.

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.

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.

Appointment of legal counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.

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.

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.

§ 259-5 Life-hazard uses.

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.

The annual registration fee for life hazard uses shall be as specified in the Uniform Fire Code, Subchapter 5:70-2.9(a).

§ 259-6 Non-life-hazard uses.

[Amended 7-20-2021 by Ord. No. 1841]

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:

(1)

Use Group R-2 (multiple dwellings) and mixed use with any residential use:

(a)

One to three dwelling units: $90 up to three dwelling units; and

(b)

$15 per each additional dwelling unit.

(2)

Use group R-2 non-owner-occupied one- and two-family dwellings: $100.

(3)

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:

(a)

Up to 3,000 square feet: $90.

(b)

Over 3,000 square feet: $90 plus $15 for each additional 1,000 square feet or part thereof over 3,000 square feet.

(4)

Use Group H (non-life-hazard use): $500.

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.

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.

§ 259-7 Permits.

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).

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)

For the sale of small arms, ammunition, explosive bolts or rivets, or cartridges for explosive activated power tools: Type 1 fees.

(2)

For the storage, handling or use of hazardous materials or chemicals: Type 1 fees. This includes:

(a)

The melting, casting, heat treating, machining, or grinding of more than one pound but not exceeding 10 pounds of magnesium per work day.

(b)

Use or storage of liquefied petroleum gas or compressed flammable gas in container exceeding five-pound capacity.

(c)

More than one pound but not exceeding 10 pounds of flammable solids.

(d)

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)

To store, use or handle (except medicines, beverages, food stuffs, commonly accepted practices):

[1]

Greater than 5.5 gallons but less than 55 gallons of corrosive liquids.

[2]

Greater than 50 pounds but less than 500 pounds of oxidizing materials.

[3]

Greater than one pound but less than 10 pounds of organic peroxides.

[4]

Greater than five pounds but less than 500 pounds of nitromethane.

[5]

Greater than 25 pounds but less than 1,000 pounds of ammonium nitrate.

(f)

If aggregate amounts exceed maximum quantities stated above, N.J.A.C. 5:70-2.7(a) permits are required.

(g)

As per the New Jersey Uniform Fire Code, other permit fees shall be as follows:

Type 1: $54.

Type 2: $214.

Type 3: $427.

Type 4: $641.

For the storage, handling or use of flammable and combustible liquids: Type 1 fees.

(a)

Class I flammable liquids:

[1]

In excess of five gallons, in a dwelling or other place of human habitation.

[2]

In excess of 10 gallons in other buildings.

[3]

In excess of 20 gallons outside of a building.

(b)

Class II and Class III combustible liquids:

[1]

In excess of 25 gallons in a building.

[2]

In excess of 60 gallons outside of a building.

(c)

(Reserved)

(d)

If aggregate amount exceeds 100 gallons, N.J.A.C. 5:70-2.7(a)6 Type 4 applies.

Fees required by this section may be waived for nonprofit entities.

[Added 6-21-2016 by Ord. No. 1679]

§ 259-8 Technical amendments.

The following technical amendments are hereby made to the Uniform Fire Safety Code:

Chapter 3 - General Precautions Against Fire.

(1)

Accumulation of Waste is hereby amended to add the following sections:

(a)

Section 304, 304.1 through 304.3.3, reserved for the state.

(b)

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:

[1]

Narrowness of distance between the property lines and buildings.

[2]

Parking needs.

[3]

Traffic flow.

[4]

Type of dumpster construction.

[5]

Fire safety considerations.

Chapter 9 - Fire Protection Systems New Jersey State Uniform Fire Code.

(1)

Water-Based Systems is hereby amended to add the following sections:

(a)

Sections 901.1 through 915.1 are reserved for the state.

(b)

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)

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)

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)

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)

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.

Chapter 33 - Explosives and Fireworks, Uniform Fire Safety Act.

(1)

F-3003.1, General Requirements, is hereby amended to add the following sections.

(a)

Storage of Explosives and Blasting Agents. The limits referred to in Sections 3301 through 3308 of the Uniform Fire Safety Act are hereby established as follows: the entire Borough of Franklin Lakes.

§ 259-9 Board of Appeals.

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.

§ 259-10 Enforcement; violations and penalties.

Enforcement and violations and penalties shall be in conformity with the Uniform Fire Safety Act.

§ 259-11 Modification of code.

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.

§ 259-12 Interpretation of provisions; conflict with other provisions.

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:

(1)

Otherwise prohibited by the law or municipal ordinance.

(2)

Otherwise prohibited by any law or municipal ordinance in designated zone districts, locations or areas.

(3)

Otherwise restricted by any law or municipal ordinance.

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.