No person in possession of or having control
of any building or premises in the Township shall permit or allow
therein or thereon any fire hazard or any installation, construction,
equipment, matter or thing which, by reason of not being installed,
constructed or maintained according to recognized standards and practices
for the prevention of fire, creates or produces a danger to persons
or property from fire.
[Amended 5-23-2000 by Ord. No. 00-19]
A. It shall be the duty of the Chief of the Fire Department
or the Fire Official of the Township, hereinafter in this chapter
referred to as the "Fire Chief" or "Fire Official," to enforce all
laws and ordinances relating to:
(2) The storage and use of explosives and flammables.
(3) The installation and maintenance of private fire alarm
systems and fire-extinguishing equipment.
(4) The maintenance and regulation of fire escapes.
(5) The means and adequacy of exit in case of fire from
all buildings and other places in which persons work, live or congregate
for any purpose.
B. It shall also be the duty of the Fire Chief or Fire
Official to investigate the cause, origin and circumstances of fires.
[Added 6-9-2015 by Ord.
No. O-15-014]
A. The Fire Official in the Township of Montclair is authorized to designate fire zones and fire lanes on property devoted to public use or on which the public is invited or has access for vehicular traffic, subject to inclusion in §
327-17.1, Fire zones, or §
327-17.2, Fire lanes. These fire lanes/zones shall be established for the purpose of ensuring that fire equipment and other emergency vehicles will have unobstructed means to enter and/or operate during an emergency.
B. Fire lanes and fire zones shall be consistent with the State of New
Jersey Uniform Fire Code 502.1 and 503.1.1.
C. No stopping, standing or parking is permitted at any time in a fire
zone or fire lane.
D. Fire zone and fire lanes shall be marked with striping and signage
delineating the fire zone or fire lane and prohibiting stopping, standing
or parking at all times.
E. This section is enforceable by the Montclair Police Department, Fire
Department, code enforcement and parking enforcement officers.
F. The cost of installation of required signage and striping per the
Fire Code on private property will be the responsibility of the property
owner.
[Amended 5-23-2000 by Ord. No. 00-19]
The Fire Chief or Fire Official may designate
as inspectors such members of the Fire Department as he or she shall
deem necessary from time to time to aid him or her in the enforcement
of this chapter and in the making of the inspections herein required.
The Fire Chief or his or her authorized representatives
may at all reasonable hours enter any building or premises for the
purpose of making any inspection or investigation which he or she
may deem necessary for the prevention of fire and to secure the safety
of persons from fire.
[Added 5-22-2001 by Ord. No. 01-35]
A. It is the purpose of this section to allow the Fire
Department and its personnel to gain immediate and reliable access
to structures within the Township in order to ensure proper lifesaving
and other fire-fighting purposes, where access to such structures
is unduly difficult because of secured external or internal openings
or other hazards.
B. Key box required. When access to or within a structure
or an area is unduly difficult because of secured openings or where
immediate access is necessary for lifesaving or for firefighting purposes,
the Fire Official or Fire Subcode Official, where appropriate, shall
require a key box to be installed in an accessible location. The key
box shall be a type approved by the Fire Official or Fire Subcode
Official, as appropriate, so that all key access of this type within
the Township of Montclair may be accomplished with one system. The
key box shall contain keys necessary to gain access as required by
the Fire Department.
C. Installation.
(1) When a building within the Township of Montclair is
protected by an automatic fire suppression or standpipe system, it
shall be equipped with a key box. The key box shall be at a location
approved by the Township of Montclair Fire Official. The key box shall
be a UL type approved by the Fire Official.
(2) When a building is protected by an automatic alarm
system, and/or access to or within a building, or an area within that
building, is unduly difficult because of secured openings, and where
immediate access is necessary for lifesaving or fire-fighting purposes,
the Fire Official may require a key box to be installed at a location
approved by the Township of Montclair Fire Official. The key box shall
be a UL type approved by the Fire Official.
(3) The Fire Subcode/Fire Official may require a key box
tamper switch connected to the building's fire alarm system.
(4) When a building is protected by an automatic sprinkler
system or standpipe system and the Fire Department connection is exposed
to undue vandalism the Fire Official may require that a Fire Department
connection security cap(s) be installed. The Fire Department connection
security cap(s) shall be a type approved by the Fire Official.
(5) This shall not apply to owner occupied one- and two-family
dwellings.
D. Key box contents. Where required, the rapid key boxes
shall contain the following:
(1) Keys to locked points of egress, whether in the interior
or exterior of such buildings.
(2) Keys to the locked mechanical rooms.
(3) Keys to the locked elevator rooms.
(4) Keys to the elevator controls.
E. Enforcement. The enforcement agent for the provisions
of this section shall be the responsibility of the Fire Official or
Fire Subcode Official in accordance with the provisions of the Uniform
Fire Code of the State of New Jersey.
F. Time for compliance. All existing building owners,
managers or agents shall comply within six months of service of notice
of required compliance. All newly constructed buildings not yet occupied
or buildings currently under construction and all buildings or businesses
applying for a certificate of occupancy shall comply immediately as
a condition for the issuance of such certificate.
The Fire Chief or his or her authorized representatives
shall inspect all hazardous manufacturing processes, storage or installation
of gases, explosives and flammable materials, all interior fire alarms
and automatic sprinkler systems and such other hazards or appliances
as he or she shall deem advisable in the prevention of fire. He or
she shall make such orders as may be necessary to make the aforesaid
things or any of them comply with recognized standards and practices
for the prevention of fires.
The Fire Chief or his or her authorized representatives
shall inspect all buildings and premises for the purpose of ascertaining
and causing to be corrected any conditions liable to cause fire or
for any violations of the provisions and intent of this chapter. He
or she shall make such orders as may be necessary to make the aforesaid
buildings and premises or any of them comply with recognized standards
and practices for the prevention of fire.
Whenever the Fire Chief or his or her authorized
representatives shall find in any building or upon any premises the
following dangerous or hazardous conditions or materials, the Fire
Chief or his or her authorized representatives shall order such dangerous
conditions or materials to be removed or remedied in such manner as
may be specified by the Fire Chief:
A. Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B. Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
C. Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D. Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E. Obstructions to or on fire escapes, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire.
F. Any building or other structure which, for want of
repairs, lack of sufficient fire escapes or other exit facilities,
automatic or other fire alarm apparatus or fire extinguishing equipment,
or by reason of age or dilapidated condition, or from any other cause,
creates a hazardous condition.
[Amended 5-23-2000 by Ord. No. 00-19]
The owner, occupant or person in charge of or
managing any building or premises shall forthwith, after notice from
the Fire Chief or Fire Official so to do, correct any condition in
such building or premises so that the premises, building, processes
or materials shall be in such condition as to comply with the recognized
standards and practices for the prevention of fire.
Any person who is required by the terms of this chapter to comply with any order of the Fire Chief made pursuant to the provisions of this chapter and fails or neglects to comply with same shall be deemed to have violated the provisions of this chapter and to be liable to the penalty provisions of §
153-12 hereof.
[Added 6-13-2006 by Ord. No. 06-32;
amended 7-25-2006 by Ord. No. 06-41]
The following fee schedule will apply to all
annual inspections of non-life-hazard uses performed by the Fire Department:
A. Fee schedule.
|
Use
|
Fee
|
---|
|
Eating establishments, other than life-hazard
uses: 1 to 49 persons seated/take-out only
|
$30
|
|
Public assembly buildings: 50 to 99 people other
than life-hazard uses
|
$40
|
|
Office buildings, other than life-hazard uses:
1 to 7 offices
|
$40
|
|
Office buildings, other than life-hazard uses:
8 to 16 offices
|
$70
|
|
Office buildings, other than life-hazard uses:
17 or more offices
|
$170
|
|
Supermarkets/food marts/grocery stores having
less than 10,000 square feet
|
$90
|
|
Hardware/appliance/furniture stores having less
than 10,000 square feet
|
$90
|
|
Retail stores/mercantile buildings having less
than 7,000 square feet
|
$30
|
|
Retail stores/mercantile buildings having more
than 7,000 but less than 10,000 square feet
|
$70
|
|
Retail stores/mercantile buildings having 10,000
square feet or more
|
$170
|
|
Any other commercial/business occupancy with
less than 1,000 square feet
|
$30
|
|
Any other commercial/business occupancy with
1,000 to 5,999 square feet
|
$40
|
|
Any other commercial/business occupancy with
6,000 to 9,999 square feet
|
$70
|
|
Any other commercial/business occupancy with
10,000 square feet or more
|
$170
|
B. Non-life-hazard use (LHU) mixed-use properties.
|
Use
|
Fee
|
---|
|
Mixed use, commercial/business with less than
3 dwelling units
|
$70
|
|
Mixed use, commercial/business with 3 to 7 dwelling
units
|
$90
|
|
Mixed use, commercial/business with 8 to 17
dwelling units
|
$170
|
|
Mixed use, commercial/business with more than
17 dwelling units
|
$270
|
C. Non-life-hazard use (LHU) multiple-dwelling properties.
|
Use
|
Fee
|
---|
|
Multiple dwelling with common area having 3
to 7 dwelling units
|
$70
|
|
Multiple dwelling with common area having 8
to 16 dwelling units
|
$90
|
|
Multiple dwelling with common area having 17
to 25 dwelling units
|
$170
|
|
Multiple dwelling with common area having more
than 25 dwelling units
|
$270
|
D. All fees are due within 30 days of billing.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.