City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Paterson 8-27-1985 as Ord. No. 85-077. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Division — See Ch. 39.
Alarm systems — See Ch. 109.
Brush, grass and weeds — See Ch. 149.
Dangerous and unfit buildings — See Ch. 157.
Certificates of re-rental and compliance — See Ch. 175.
Uniform construction codes — See Ch. 183.
Illegal conversions — See Ch. 187.
Housing-property maintenance — See Ch. 271.
Housing standards — See Ch. 275.
Fire insurance claims — See Ch. 283, Art. I.
Pursuant to Section 11 of the Uniform Fire Safety Act, P.L. 1983, c. 383,[1] the New Jersey Uniform Fire Code shall be locally enforced in the City of Paterson.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Bureau of Fire Prevention of the Department of Public Safety, Fire Division, in the City of Paterson.
The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted pursuant thereto in buildings, structures and premises within the established boundaries of the City of Paterson and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
The local enforcing agency shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Department of Community Affairs of the State of New Jersey.
The local enforcing agency shall be a part of the Department of Public Safety, Fire Division, of the City of Paterson and shall be under the supervision and control of the Chief of the Fire Division of the City of Paterson.
The local enforcing agency shall be under the direct supervision of a Fire Official who shall be the Supervisor of the Bureau of Fire Prevention in the Department of Public Safety, Fire Division, of the City of Paterson. The Fire Official shall serve at the discretion of the Chief of the Fire Division of the Department of Public Safety.
Such inspectors and other employees as may be necessary for the local enforcing agency to properly fulfill its responsibility shall be assigned by the Chief of the Fire Division of the Department of Public Safety.
[Amended 11-25-2003 by Ord. No. 03-074]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals for the County of Passaic.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.
[Amended 5-14-1991 by Ord. No. 91-024; 11-25-2003 by Ord. No. 03-074]
A. 
In addition to the registrations required by the State of New Jersey Uniform Fire Code, the following non-life-hazard uses shall register with the Bureau of Fire Prevention. Uses required to register with the state as life-hazard uses shall not be required to register under this section. These non-life-hazard uses shall be inspected once per year for possible fire hazards and compliance with State of New Jersey Uniform Fire Codes and shall pay an annual registration fee as set forth below:
Any Occupancy
Fee
Up to 999 square feet
$50
1,000 to 4,999 square feet
$100
5,000 to 9,999 square feet
$250
10,000 square feet and over
$400
(1) 
Duplicate copy of photographs: $5 per photograph.
(2) 
Duplicate copy of fire report or inspection report: $5.
(3) 
Duplicate copy of Investigation Report: $50.
B. 
Registration applications are nontransferable. Any changes in use or occupancy shall require a new registration.
C. 
False fire alarm service fees.
[Added 9-8-2009 by Ord. No. 09-024]
(1) 
Definitions. As used in this section, the following shall have the meanings indicated:
ALARMS
Any mechanical or electronic signal, reporting by means of telephone cables, municipal fire alarm system or other means of transmission, which signals are monitored by the Police Department of the City of Paterson at its headquarters, or an audible alarm which is heard and/or called in by another, and which signals, upon receipt or upon activation, indicate to the Department that an emergency exists at the sending location. Said alarms shall include those types installed to indicate fires at the sending location.
FALSE ALARM
Any report or request for fire service directed to the Police Department or Fire Department by any means of any communication wherein the situation, condition, incident, or emergency as subject of the report or request did not and does not exist. This definition shall include alarms caused by testing, repairing, tampering or altering an alarm system on both commercial and residential property and also alarms caused by a failure to properly maintain an alarm system. This definition shall not include alarms caused by extraordinary circumstances or acts of God.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency, or other entity recognized by law as the subject of rights and duties.
(2) 
In the event that the Paterson Fire Department responds to an active fire alarm that is determined to be a false alarm, a service fee shall be paid to the Bureau of Fire Prevention by the person, persons, corporation, owner or lessee of any commercial property or residence in which a fire alarm has been installed who shall cause, suffer, allow or permit the accidental or purposeful transmission of a false fire alarm signal from any property in the City of Paterson to the Paterson Police Department or the Paterson Fire Department.
(a) 
Commercial property.
[1] 
For the first, second, or third false fire alarm in a calendar year, a warning shall be issued.
[2] 
For the fourth false fire alarm in a calendar year, a false fire alarm service fee of $50 shall be paid to the Bureau of Fire Prevention.
[3] 
For the fifth false alarm in a calendar year, a false fire alarm service fee of $75 shall be paid to the Bureau of Fire Prevention.
[4] 
For the sixth through 19th false fire alarm in a calendar year a false fire alarm service fee of $100 shall be paid to the Bureau of Fire Prevention.
[5] 
For the 20th and subsequent false fire alarm in a calendar year, a false fire alarm service fee of $500 shall be paid to the Bureau of Fire Prevention.
(b) 
Residential property.
[1] 
For the first, second, or third false fire alarm in a calendar year, a warning shall be issued.
[2] 
For the fourth false fire alarm in a calendar year, a false fire alarm service fee of $25 shall be paid to the Bureau of Fire Prevention.
[3] 
For the fifth false alarm in a calendar year, a false fire alarm service fee of $50 shall be paid to the Bureau of Fire Prevention.
[4] 
For the sixth and subsequent false fire alarm in a calendar year, a false fire alarm service fee of $100 shall be paid to the Bureau of Fire Prevention.
D. 
Multiple-family dwelling registration fees.
[Added 11-9-2010 by Ord. No. 10-070]
(1) 
As used in this section, "multiple-family dwelling" shall mean any residential property which contains three dwelling units or more.
(2) 
All owners of multiple-family dwellings shall be required to register and pay an annual fee to the Bureau of Fire Prevention based upon the following fee schedule:
Number of Dwelling Units
Fee
3
$180
4
$190
5
$200
6
$210
7
$220
8
$230
9
$240
10
$250
11
$260
12
$270
13
$280
14
$290
15
$300
16
$310
17
$320
18
$330
19
$340
20
$350
21
$360
22
$370
23
$380
24
$390
25
$400
(3) 
For those residential properties which contain more than 25 dwelling units, the fee shall be calculated as follows: $150 (common area fee) plus $10 for each dwelling unit.
(4) 
Multiple-family dwellings that are registered with the New Jersey Division of Fire Safety as a life-hazard use shall not be required to pay the common area fee of $150 but will be required to register the dwelling units located within these structures at the rate of $10 per dwelling unit.
[Added 11-25-2003 by Ord. No. 03-074[1]]
The use of kerosene heaters, stoves and other similar fuel-burning appliances is hereby prohibited in the City of Paterson. A portable kerosene heater is a non-fuel-connected, self-contained, self-supported heater with integral reservoir, designed to be carried from one location to another. The sale of kerosene heaters in the City of Paterson is hereby prohibited unless a conspicuous sign is posted indicating "The use of portable kerosene heaters is prohibited in the City of Paterson."
[1]
Editor's Note: This ordinance also repealed former § 215-10, Technical Amendments to New Jersey Uniform Fire Code.
[Added 11-25-2003 by Ord. No. 03-074]
A. 
As per the Uniform Fire Code of the State of New Jersey, N.J.A.C. 5:70 et seq., the issuance of a certificate of smoke detector and carbon monoxide compliance, CSDCMC, is required before any one- or two-family dwelling (R-3 or R-4) is sold, leased or otherwise made subject to a change of occupancy. This inspection requirement applies only to one- and two-family dwellings and not to multiple dwellings (R-2) that are inspected by the State Division of Multi-Dwellings. The CSDCMC is valid for a period of six months and is not transferable.
B. 
At least one smoke detector must be present on each level of the home, including the basement and attic. All smoke detectors must be located on the ceiling, no closer than 18 inches from any wall. A smoke detector must be located outside of every bedroom but not more than 10 feet from the bedroom doorway. If the bedrooms are close enough, it is possible that one detector will provide coverage for multiple bedrooms. If in order to comply with the code, a required detector is to be installed in the kitchen, the detector must be a photoelectric-activated detector as opposed to an ionization detector. An acceptable alternative to using the photoelectric detector would be to install a standard ionization-type detector inside that bedroom on the ceiling.
C. 
As per recent code revisions, N.J.A.C. 5:70-4-19(d), carbon monoxide detectors are required to be installed in the immediate vicinity of all sleeping rooms. The carbon monoxide detectors may be installed on the ceiling or a wall; however, the manufacturer's installation instructions must be followed. Carbon monoxide detectors are required to be manufactured, listed and labeled in accordance with UL 2034. Each carbon monoxide detector must be labeled indicating that it meets this requirement.
D. 
All detectors must be installed and operating properly prior to the inspection. The fee for the inspection is as follows:
[Amended 6-22-2004 by Ord. No. 04-058]
(1) 
Inspections requested with a lead time of less than four days: $125.
(2) 
Inspections requested with a lead time of four to 10 days: $70.
(3) 
Inspection requested with a lead time of more than 10 days: $35.
[Added 2-28-2006 by Ord. No. 006-016]
Notice of violation shall be served upon the owner of record provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode with a person of suitable age and discretion who shall be informed of the contents thereof or by sending a copy thereof by mail to his last known address or, if the letter with the copy is returned showing it has not been delivered to him, by posting a copy thereof in a conspicuous place in or about the structure affected by the notice.
[Added 2-28-2006 by Ord. No. 006-016]
Whenever the Fire Official determines that there has been or is a violation or that there are reasonable grounds to believe that there has been or is a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:
A. 
Be in writing.
B. 
Include a description of the real estate sufficient for identification.
C. 
Specify the violation which exists and the remedial action required.
D. 
Allow a reasonable time for performance of any act it requires.
[Added 2-28-2006 by Ord. No. 006-016]
Any person, firm or corporation who or which shall violate any provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $2,000, imprisonment for a term not to exceed 90 days or a period of community service for no more than 90 days, or any combination thereof, at the discretion of the court. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.