Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: 1988 Code §§ 14-1—14-25 adopted as amended through December 31, 2013. Additional amendments noted where applicable and include Ord. No. 12-2020.]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey Fire Code shall be locally enforced in the Township of Wayne.
The Fire Prevention Code of the municipality shall consist of a certain code known as the "New Jersey Uniform Fire Code," adopted February 18, 1985, and is hereby incorporated in this chapter as if set forth at length. Required copies thereof have been placed on file in the office of the Township Clerk and in the Fire Bureau and shall remain in said offices so long as this chapter is in effect, for use and examination by the public.
The Wayne Township Fire Bureau shall be the local enforcing agency for the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of Wayne, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The Fire Bureau, as designated by this chapter, shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
In addition to the inspection fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and non-life-hazard use fees shall be required:
A. 
Inspections.
(1) 
Fees are as provided in Chapter 75, Fees.
(2) 
Assessed fees shall be satisfied by the 30th day after its issuance.
(3) 
Unpaid fees outstanding after the 30th day may result in a penalty equal to the amount of the unpaid fee. Ten additional days will be granted for payment of the fee plus penalty.
(4) 
Any person who fails to immediately pay a money judgment entered against him pursuant to this section is subject to the penalties in accordance with the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2.12.
(5) 
All moneys recovered in the form of penalties shall be paid into a dedicated trust account and shall be appropriated for the enforcement of the Act.
(6) 
If the fee and penalty remain unpaid after the thirty-day extension period, the enforcing agency may institute legal proceedings in Municipal Court pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-12 et seq.).
B. 
Permit fees for Type 1-4 permits are as provided in Chapter 75, Fees.
The life-hazard use registration fees established by the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2.9(a), shall be as provided in Chapter 75, Fees.
A. 
The response of Fire Bureau personnel to fire alarm conditions shall apply to all occupancies.
B. 
Upon the occurrence of a fire alarm in any of the afore-listed occupancies, during the normal business hours of the Fire Bureau, there may be a response from Fire Bureau personnel. The following constitute legitimate reasons for a response from the Fire Bureau:
(1) 
To enforce the Fire Code or Fire Ordinance and to issue documentation, violations and notification as may be required by the Township of Wayne.
(2) 
To assist the Fire Chief or his duly authorized representative. This may be done with any knowledge acquired during previous fire inspections performed by Fire Bureau personnel. This shall be of fire-staff-type assistance, not fire-command-type assistance.
C. 
Response to all occupancies after normal business hours may occur by on-call Fire Bureau personnel or by the Fire Official or by request of the Fire Chief or Police Department, when made through the headquarters communications center.
D. 
Response of the Fire Bureau to residential fire alarm conditions may be by request of the Fire Chief or Police Department. This chapter shall not interfere with the New Jersey Uniform Fire Code N.J.A.C. 5:71-3.3(a)25, on investigation contained in Subchapter 3, Organization, Administration and Enforcement.
A. 
All fire hydrants shall be installed subject to the approval of the Fire Official or his duly authorized representative.
B. 
Fire Department connections shall have an approved fire hydrant installed no more than 100 feet from the siamese connection location or as approved by the Fire Official. All fire hydrants and Fire Department connections shall be maintained accessible and visible at all times.
C. 
This location of hydrants to Fire Department connections shall apply to all new construction.
A. 
As used in this chapter, "false alarm" shall mean the transmission either directly or indirectly to the Police Department of the Township of Wayne of any automatic fire alarm, smoke alarm, fire sprinkler water flow alarm, or carbon monoxide alarm that was not caused by a fire, a smoke condition or such other condition that is beyond the control of the owner.
B. 
The Police Department shall report all false alarms to the Fire Bureau which shall investigate and determine the cause of the false alarm. The Fire Bureau shall maintain a list of all false alarms. Said list shall identify the locations of the false alarms and the number of false alarms at the location during the calendar year.
A. 
Penalties for false alarms transmitted from a multifamily residential complex, business, commercial, eleemosynary and/or industrial premises shall be as follows:
Number of Alarms Within a Calendar Year
Penalty
First 2
Warning only
3rd
$200
4th
$300
5th
$500
6 or more
$1,000
B. 
Penalties for false alarms transmitted from single-family detached dwellings, individual townhouses and condominium unit dwellings shall be as follows:
Number of Alarms Within a Calendar Year
Penalty
First 2
Warning only
3rd
$100
4th
$200
5th
$300
6 or more
$500
C. 
Any person, firm, company or corporation that causes to be transmitted a false alarm as the result of installing, repairing, testing, tampering with or performing any work to an automatic fire alarm, smoke alarm, fire sprinkler, water flow alarm, carbon monoxide alarm system, or as a result of structural alterations, renovations, remodeling or construction shall be subject to a penalty of not less than $200 nor more than $1,000 for each transmission of a false alarm.
D. 
All penalties assessed for violation of this chapter shall be paid into the Fire Bureau Penalty Account.
Blocking access, interfering or tampering with or causing malicious damage to any fire alarm, suppression system, fire communications system, fire detection, first-aid, fire-fighting system, device, unit or part thereof shall result in a mandatory fine of $500 per day per violation. During an actual alarm, the condition shall result in a mandatory fine of $500 per day per violation. Fines shall remain in effect until conditions are deemed corrected by the Fire Bureau. Failure to comply shall result in an issued summons to appear in court. Fines assessed from this chapter shall go into the Fire Bureau penalty account.
The minimum size of portable fire extinguishers for job site location concerning hot tar kettles shall be 15 pounds. The type shall be B:C dry chemical. The minimum number of portable extinguishers per each kettle job site shall be:
A. 
One extinguisher, located between 10 and 15 feet from the kettle, kept accessible to the operator of the job site kettle.
B. 
One additional extinguisher, located on the roof level of the job site in the area where hot-tar roof work is being done.
A. 
No person shall use or operate any fire hydrant intended for use of the Fire Department for suppression purposes unless such person first secures permission from the Fire Official and the Supervisor of Water and Services. Failure to obtain such permission shall be deemed unlawful.
B. 
This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the Supervisor of Water and Sewers.
C. 
A person who violates or causes to be violated the provisions of this section shall be liable to a penalty of not more than $500 for each violation. This shall be in addition to such penalties as may be enforced by other municipal agencies.
A. 
The Fire Official shall recommend to the Director of Public Works the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. This shall be done in conjunction with advice from the Supervisor of Water and Sewers.
[Amended 2-19-2020 by Ord. No. 12-2020]
B. 
A fire hydrant shall not be placed into or removed from service until approved by the Fire Official and the Supervisor of Water and Sewers.
A. 
All new and existing occupied structures located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system or which have areas remote from existing hydrant locations shall have additional, properly placed fire hydrants, as approved by the Fire Official.
B. 
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 accepted engineering practices.
C. 
The Fire Official shall designate and approve the number and location of fire hydrants.
D. 
Private hydrants shall not be placed into or removed from service until approved by the Fire Official.
A. 
No person shall erect, construct, place or maintain any bumps, fences, gates, bars, pipes, wood or metal horses or any other type of obstruction which would prevent or hinder access to a fire hydrant in or on any street within the Township.
B. 
The word "street," as used in this chapter, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the Township.
C. 
Exceptions to the prohibitions of Subsection A above may be granted in writing upon good cause shown by the Fire Official, provided that no such proposed obstruction shall be of such design or nature that injury may occur to fire suppression personnel or damage may occur to fire suppression equipment.
D. 
Any person responsible for installations in violation of Subsection A above shall be liable to a penalty of not more than $500 per day per violation.
E. 
Penalties shall be enforced and collected by the Fire Official under the authority of the New Jersey Uniform Fire Code.
A. 
The head of the Fire Bureau shall be the Fire Official/Fire Subcode Official. There may be a Senior Fire Inspector and Fire Inspectors as may be deemed necessary and recommended by the Director of Public Works and approved by the Business Administrator.
[New; amended 2-19-2020 by Ord. No. 12-2020]
(1) 
The Fire Subcode Official shall report to and perform his duties under the authority of the Construction Official.
(2) 
The Fire Official shall report to the Director of Public Works.
(3) 
The Senior Fire Inspector shall report to and perform his duties under the authority of the Fire Subcode Official/Fire Official and shall be in charge in the absence of the Fire Subcode Official/Fire Official.
(4) 
The Fire Inspector(s) shall report to and perform his/her duties under the authority of the Fire Subcode Official/Fire Official.
B. 
Minimum Uniform Construction Code licenses for both the Fire Subcode Official/Fire Official and Senior Fire Inspector shall be as follows:
(1) 
Subcode Official.
(2) 
H.H.S. Fire Protection.
C. 
Minimum continued education courses for the positions of Fire Subcode Official and Senior Fire Inspector and Fire Inspectors shall be as mandated by the New Jersey Department of Community Affairs and the Uniform Construction Code.
D. 
Minimum licenses for Fire Inspectors shall be as follows:
(1) 
Licensed Fire Inspector by the State of New Jersey Department of Community Affairs.
E. 
The Fire Subcode Official/Fire Official shall be appointed to terms of four years. Tenure shall be granted in both of the above positions with the commencement of a second term of four years of service as set by the New Jersey State Uniform Construction Code Act, N.J.S.A. 52:27D-126. After the granting of tenure rights, no official shall be removed from office except for just cause after a fair and impartial hearing. Previous service as the Fire Subcode Official/Fire Official or in another position comprising the same responsibilities to Wayne Township shall be counted for tenure.
F. 
The Fire Subcode Official/Fire Official shall be responsible for the supervision of the Fire Bureau.
[New]
A. 
Key box. When a nonresidential property within the Township of Wayne is protected by an automatic alarm system or a fire sprinkler system, a key box of a UL type approved by the Wayne Fire Official shall be installed on the property location.
B. 
Ordering the equipment. The owner and/or occupant of a nonresidential property or their agent shall be responsible for ordering and installing a Knox Company Rapid Entry System or its commercial equivalent.
C. 
Type of equipment. The rapid entry system shall have a single lock and alarm tamper switch. If the building is protected by a burglary alarm system(s), it shall be connected so that in the event the box is open or removed from the building, an alarm will sound. If the building is not protected by a burglar alarm system, the box may, in the owner's discretion be connected to the fire alarm system, provided the connection is on the fire side signaling an alarm. Connection to the fire alarm requires the box to be zoned alternately from any fire detection and noted on the fire alarm annunciator panel as a rapid entry system.
D. 
Box contents. The box shall contain:
(1) 
Keys to locked points of ingress, whether on the interior or exterior of the building.
(2) 
Keys to locked mechanical equipment rooms.
(3) 
Keys to locked electrical rooms.
(4) 
Keys to elevator rooms and emergency elevator keys.
(5) 
Keys to other areas as directed by the Fire Official.
E. 
General. All new commercial and/or manufacturing buildings constructed after the effective date of this section, including all existing commercial and/or manufacturing buildings when there is a change of tenancy or ownership, or when reconstruction is in excess of 30% of the usable building footage shall provide a key box at a location approved by the Fire Official. The key box shall be provided with all keys as set forth in Subsection D above. The box keys shall be provided prior to occupancy and/or final inspection.
F. 
Exemptions from this section. Any structure or site that has a twenty-four-hour, seven-day-a-week, on-site guard service shall be exempted from the provisions of this section.
G. 
Fines and penalties. Any person violating the provisions of this section, after having received a prior written warning notice by the Fire Official, shall be subject to a fine of $200 for each violation.
A. 
The Fire Bureau shall inspect all residential occupancies for compliance with the required number of approved smoke detectors, carbon monoxide detectors and portable fire extinguishers in accordance with the Township of Wayne ordinances and the New Jersey Uniform Fire Code.
B. 
Fire Bureau inspection shall occur prior to the time of resale, renting or change of occupancy for residential purposes. Upon inspection, a certificate of smoke detector, carbon monoxide and portable fire extinguisher compliance (CSDCMAPFEC) shall be issued by the Fire Official.
C. 
Where applicable, smoke detectors and carbon monoxide detectors may be battery-operated units, as approved by the Fire Official. Smoke detectors, carbon monoxide detectors and portable fire extinguishers shall be UL-listed, FM-approved or carry the seal of an authorized recognized approval agency.
D. 
Smoke detectors and carbon monoxide detectors shall be installed as recommended by the manufacturer and approved by the Fire Official or his authorized representative. Portable fire extinguishers shall be installed in accordance with the New Jersey Uniform Fire Code N.J.A.C. 5:70-4.19.
E. 
The inspection fee for the issuance of a certificate of smoke detector, carbon monoxide and portable fire extinguisher compliance for all residential dwellings, except multiple-family dwellings, shall be as follows:
(1) 
Inspection requests received at least seven business days prior to the scheduled date of inspection: $50;
(2) 
Inspection requests received within three to six business days prior to the scheduled date of inspection: $75; and
(3) 
Inspection requests received less than three business days prior to the scheduled date of inspection: $100.
F. 
Reinspection fees. Fees for the reinspection of any residential property, except multiple-family dwellings, shall be as provided in Chapter 75, Fees.
A. 
All structures, including but not limited to office buildings, strip malls and malls containing more than 4 separate rental spaces, shall have the main entrance door(s) and all exterior door(s) properly marked. The marking shall consist of the following:
(1) 
The name of the business or corporation.
(2) 
The address or suite number or store number.
B. 
All structures three stories or more containing more than one interior stairwell shall have all stairwell doors marked both on the interior of the building as well as the interior of the stairwell. The marking shall consist of the following:
(1) 
The floor number.
(2) 
A stairwell letter, such as A, B, C, etc.
C. 
The lettering and numbering shall be at least four inches in height located not more than three feet from the bottom of the door. The color shall be contrasting to the door color and approved by the Fire Official.
D. 
The aforementioned requirements shall apply to all structures and shall be enforced by the Fire Inspection Bureau beginning with the first annual inspection to be scheduled after the effective date of this section. Failure to comply with this section will result in a two-hundred-dollar penalty being assessed. All penalties assessed under this section shall be paid into the Fire Bureau Penalty Account.
A. 
A permit shall be required from the Wayne Township Fire Bureau before the filming of any motion picture or commercial on any premises within the Township of Wayne when:
(1) 
The filming or any activity related thereto changes the floor plan, means of egress or exit door configuration in a structure.
(2) 
The filming or any activity related thereto involves pyrotechnics/explosives which are stored on site or used during the filming.
(3) 
The filming obstructs access to any lot, street, roadway or building within the Township.
(4) 
The filming employs the use of an aircraft of any type.
B. 
Prior to the issuance of a permit and during the operation authorized by the permit, the Fire Official may require certain fire safety elements or standards be met, including but not limited to Township ordinances, New Jersey Uniform Fire Code and NFPA standards. The Fire Official may require extra protection be added to the structure and a Township Fire Inspector be present on site. The production company shall be responsible for the cost of the Fire Inspector and shall be paid to the Township Treasurer at the current Township rate.
(1) 
If at any time during the operation authorized by the permit the Fire Official or his duly authorized representative feels that the filming is unsafe, violates the code or is causing a hazard to life or property, he may take the necessary action to abate the hazard.
(2) 
The permit fee of $200 is payable to the Fire Bureau Account and shall be valid for 30 days from the date of issuance.
(3) 
A penalty of $500 shall be assessed for failure to comply with the terms of this section and shall be payable to the Fire Bureau Penalty Account.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, (N.J.S.A. 52:27D-206 and 52:27D-208) any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the Township of Wayne.
A. 
It shall be unlawful for any person to ignite, display, possess or use in any manner whatsoever, within any commercial structure, any pyrotechnics, sparklers and smoke/fog machines.
B. 
Exempted from the provisions of this section is any testing or training exercises conducted by the Township Fire Bureau, Fire Department or other recognized fire brigade.
C. 
Any person violating this section shall be subject to a penalty of $1,000 per occurrence, payable to the Fire Bureau Penalty Account.
A. 
No person shall erect, construct or alter, or cause to be erected, constructed or altered, any building or structure that is either (a) over 35 feet in height; (b) exceeds 199,000 square feet in area; (c) contains below-grade space or parking, without providing adequate radio coverage for the Wayne Township Police Department, Wayne Township Fire Department, Emergency Medical Services, Office of Emergency Management and other Township departments that may be called upon to respond to emergencies. The frequency range utilized by the Township, which must be supported by adequate radio coverage, is 469 MHz through 481 MHz and 499 MHz through 506 MHz.
B. 
For purposes of this section, adequate radio coverage shall include the following:
(1) 
A minimum signal strength of -95 dBm available in 90% of the general building's areas of each floor of the building when transmitted from the Township of Wayne communications systems. Critical Areas such as emergency command centers, fire pump rooms, exit stairs, exit passageways, and other areas specific by Wayne Township must have 99% coverage.
(2) 
A minimum signal strength of -95 dBm received at the Township of Wayne communications systems when transmitted from 90% of the general building's area of each floor. Critical Areas such as emergency command centers, fire pumps rooms, exit stairs, exit passageways, and other areas specified by Wayne Township must have 99% coverage.
(3) 
A 90% reliability factor.
C. 
For purposes of this section, "alteration" shall mean:
(1) 
The alteration of 25% or more of the total square footage of the building; or
(2) 
The cost of the alterations and/or construction exceeds $100,000.
D. 
All buildings and structures to which this section is applicable shall be equipped with any of the following to achieve the required adequate radio coverage: radiating cable system(s) or internal Distribution Antenna System (DAS) with 400 MHz and 500 MHz Bi-Directional Amplifier (BDA) system(s) as needed. Signal booster BDAs shall have FCC type acceptance in accordance with CFR Title 47, Part 90.219, Use of Signal Boosters. If any part of the installed system(s) contains an electrically powered component, the system(s) shall be capable of operating on an independent battery and/or generator system for a period of at least two hours without external power input. An automatic-monitoring-notification system must be in place to monitor BDA for Fault, AC Power loss, Battery Charger Fault, and Battery low charge conditions. Part 90 Class B (Broadband Non-Channelized signal booster installations must be registered with the FCC.
E. 
A baseline In-Building coverage test of the building or structure to determine if an enhancement signal booster system is required. If the baseline coverage test indicates that the building has a high RF Building Loss due to architecture or materials and requires the installation of a signal booster system, another In-building coverage test will be performed with the signal booster installed and operational. Each floor shall be divided into a minimum of 20 evenly distributed test grids. The baseline In-Building coverage test shall consist of both signal strength measurements and Delivered Audio Quality (DAQ) voice test calls performed within each grid cell. The passing criteria for the baseline In-Building coverage test of Downlink signal strength is a minimum signal strength of -95 dBm available for 90% of the general building areas of each floor (Minimum of 18 out of 20 test grids cells measured signal strength equal or greater than -95 dBm) and 90% of test voice calls evaluated at a DAQ 3.0 (Speech understandable with slight effort occasional repetition required due to Noise/Distortion) level or better of the general building areas of each floor. Downlink signal strength shall be collected for each grid using a spectrum analyzer or test radio FCC engineering menu registered on the Wayne Township radio system. The DAQ voice call test shall be performed with a pair of test radios registered on the Wayne Township radio system. A written baseline In-Building Coverage test results report shall be provided to Wayne Township Chief of Police and/or his/her designee. If the baseline In-Building Coverage test report results indicate the building has a coverage deficiency and fails the test criteria, the building owner shall install a coverage enhancement signal booster BDA DAS to remediate the deficiency. The building owner shall repeat the In-Building Test coverage test with the coverage enhancement signal booster BDA DAS installed and operational. A post installation coverage enhancement signal booster In-Building Coverage test results report shall be provided to Wayne Township indicating compliance with the provisions of this section. If specified for a given building by Wayne Township, Critical Areas such as emergency command centers, fire pump rooms, exit stairs, exit passageways, and other areas specified by Wayne Township must have 99% coverage. All testing is to be performed at the expense of the applicant for the building permit, or the owner of the building or structure, in which the radio amplification equipment might be installed. All tests to be performed shall be coordinated and scheduled by the Chief of Police or his/her designee, who retains the right to witness the test, and will provide two (2) Wayne registered radios capable of measuring signal strength for testing purposes.
F. 
In addition to the initial test, annual tests shall be conducted and reports submitted for a determination that the radio amplification system equipment is still functioning at the levels required in this section. The building owner is required to have a maintenance service contract for emergency repairs of the BDA DAS system with a 2 hour response time.
G. 
Prior to the issuance of a building permit, the Construction Code Official shall require proof that substantiates compliance by the applicant and/or owner of the building or the structure with the provisions of this section. The plans and specifications, and whatever other data would be relevant to a determination as to compliance, shall be filed by the applicant for the building permit, and same shall be reviewed by the Construction Code Official. Such plan may be reviewed by other departments of the Township when deemed necessary in the discretion of the Construction Code Official.
H. 
The provisions of this section shall not apply to any single-family dwelling.
I. 
Failure to comply with the provisions of this section will result in a penalty of $5,000.00. Each month of noncompliance will result in an additional penalty of $5,000.00 for each month of noncompliance. An appeal of the imposition of the penalty may be made to the Construction Board of Appeals within 15 days of the date of the original notice of noncompliance.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated.
ENGINEERED LUMBER
Prefabricated I-joists, truss joists and truss rafters, and laminated beams and studs.
LEA
Local Enforcement Agency.
STRUCTURE
Primary, secondary and accessory structures as defined in the Fire Subcode that have electrical meters that serve the structure.
B. 
All new structures constructed with engineered lumber must have a reflective symbol affixed to each electrical meter. If this is not possible, the LEA shall designate an alternate location. Buildings shall be identified during the construction permit application process and enforced by the Fire Subcode Official.
C. 
The reflective symbol shall be in the form of a sticker that states that the structure is constructed with engineered lumber. Stickers may be obtained through the Wayne Township Fire Bureau.
D. 
Any person violating this section by refusing to use the reflective symbol or by removing the reflective symbol may be subject to a fine in an amount of $100 per violation.
E. 
The owner of any existing structure that was constructed with engineered lumber shall be required to complete a lightweight construction certification prior to the issuance of any type of construction permit. The reflective symbol shall be placed on the electrical meter. If this is not possible, the LEA shall designate an alternate location. In addition a reflective symbol shall be required upon the occurrence of one of the following events:
(1) 
A residential property or complex is sold.
(2) 
A residential property undergoes renovations requiring a construction permit.
(3) 
A commercial property is inspected during a cycle by the Wayne Fire Bureau.
(4) 
A commercial property undergoes renovations requiring a construction permit.