[Adopted 2-23-1999 by Ord. No. 2232-99; amended in its entirety 12-18-2018 by Ord. No. 18-2538]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L 1983, c. 383, N.J.S.A. 52:27D-192 et seq.) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Bergenfield.
The local enforcing agency shall be the Bureau of Fire Prevention which is hereby created in the Bergenfield Fire Department.
The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of Bergenfield, 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 local enforcing agency established by § 157-2 of this article shall carry out the periodic inspections of the life hazard uses required by Uniform Fire Code on behalf of the Commissioner of Community Affairs.
A. 
Definition: Residential living units, other than one- and two-family dwellings, not regulated by the New Jersey State Bureau of Housing Inspection.
B. 
The Fire Prevention Bureau shall be responsible for the mixed-use inspections.
C. 
All buildings and all parts thereof shall be maintained as required by the Regulations for Maintenance of Hotel Multiple Dwellings, N.J.A.C. 5:10 and the Uniform Fire Code, N.J.A.C. 5:70.
D. 
All buildings are to be inspected in accordance with the most recently promulgated regulations.
E. 
Inspections shall be performed annually. Certificate of occupancy inspections, if performed that year, shall satisfy the annual inspection requirement.
A. 
Creation of position. There is hereby created in the Fire Department of the Borough of Bergenfield, the position of Fire Official, UFD (formerly known as Fire Official).
B. 
Duties and responsibilities. The Fire Official, UFD shall perform the duties and responsibilities as described by the New Jersey Civil Service Commission.
C. 
Qualifications. Positions in this class may be filled through promotion examination procedures only. Candidates must meet those requirements and qualifications for promotion specified in Civil Service Law, rules and regulations.
D. 
Compensation. The salary for the position shall be set forth in the contractual agreement between the Borough of Bergenfield and The Bergenfield Fireman's Association F.M.B.A. Local 65.
The local enforcing agency established by § 157-2 of this article shall be part of the Bergenfield Fire Department and shall be under the direct supervision and control of the Fire Official, UFD.
A. 
Appointment of the Fire Official. The local enforcing agency shall be under the supervision of the Fire Official who shall be appointed by the governing body of the Borough of Bergenfield according to law and Civil Service regulations.
B. 
Term of office. The Fire Official shall serve with tenure as provided for under civil service laws of the State of New Jersey and he/she shall be removed from office only for good cause shown and only after being granted a hearing upon charges before the appointing authority.
A. 
Inspectors and employees. Such inspectors and other employees as the local enforcing agency may recommend as necessary to properly carry out its responsibilities may be appointed by the Borough of Bergenfield according to law.
B. 
Removal from office. Inspectors and other employees of the enforcing agency shall be subject to removal by the Borough of Bergenfield for inefficiency or misconduct. Each inspector or employee to be so removed shall be afforded an opportunity to be heard by the appointing authority or a designated hearing officer.
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 an order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Bergen.
A. 
In addition to the registration and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional yearly registration fees shall be required:
(1) 
Class A (up to 2,000 square feet): $65.
(2) 
Class B (2,001 to 5,000 square feet): $90.
(3) 
Class C (5,001 to 10,000 square feet): $190.
(4) 
Class D (more than 10,000 square feet): $225.
(5) 
Class E (multifamily units, including mixed-use, unit connected to business, in addition to any Class A, B, C or D fees paid):
(a) 
Between one and three dwelling units: $75.
(b) 
More than three dwelling units: $75 (plus $10 per unit above three units).
B. 
All registration classes must also complete a non-life hazard use (NLHU) form at the time of registration. All Class E must complete an affidavit of multiple dwelling unit compliance with the New Jersey fire code form.
C. 
All forms will be sent via first class mail to the addressee on file. All owners/occupants shall be responsible to report any address changes or updates to the Fire Prevention Bureau.
D. 
Registration forms shall be completed and fees shall be paid on an annual basis within 30 days of notification. Any fee not paid within 30 days of notification shall incur a late penalty charge of 50% of the original fee, and an additional fee of 10% of the original fee will be charged for every additional 30 days that said fees are not paid from the original date of notification. Said late charges shall be due and payable without any further obligation from the Borough to notify.
E. 
Violations. Any persons, firm or corporation who shall violate any of the provisions of § 157-8D above shall upon conviction by a court of competent jurisdiction be punished by a fine of not less than $100 nor exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both fine and imprisonment, any court fees and satisfy the requirements of § 157-8D above.
F. 
Any new business failing to register after notification, verbal or written by a member of the Fire Prevention Bureau within 15 days, shall require a court appearance punished by a fine of not less than $100 nor exceed $500 and any additional court costs.
The permit fees shall be those established by the current New Jersey Fire Prevention Code and those established by ordinance of the Borough of Bergenfield.
A. 
The current New Jersey Fire Prevention Code, as amended and supplemented, is hereby adopted, subject to the following modifications and additions.
B. 
The following modifications to N.J.A.C. 5:70-3, 901.4.1 and N.J.A.C. 5:70-3, 901.8:
F-504.1: It shall be the responsibility of any contractor, maintainer or other person to notify all tenants, occupants or building staff, police department and the Fire Prevention office, prior to performing any test, repairs or other work which might reasonably be expected to cause a fire alarm device or system to activate, or which will render any part of a fire protection system, exit, or other fire safety provision to be out of service.
F-504.2: Removal of or tampering with equipment: It shall be unlawful for any person to interfere with the effectiveness of, remove, tamper with or otherwise disturb any fire detection and alarm system, fire suppression system, fire hydrant or other fire appliance required by the code expect for the purpose of extinguishing fire, training purposes, recharging or making necessary repairs, or when approved by the Fire Official.
F-504.3: Jurisdiction: The Bureau of Fire Prevention of the Borough of Bergenfield shall have jurisdiction to enforce F-504.1 and F-504.2.
F-504.4: Violations: Any persons, firm or corporation who shall violate any of the provisions of F-504.1 or F-504.2 above shall upon a plea of guilty or upon conviction by a court of competent jurisdiction be punished by a fine of $500 for the first offense and up to $1,000 for additional offenses.
C. 
The following modifications and additions to N.J.A.C. 5:70-3, 503:
F-311.0: Fire Lanes, Fire Zones, Hydrant Access
F-311.1: Designation: The Fire Official may designate fire lanes, fire zones or fire hydrant access on private property or public property to which the public is invited or which is devoted to public use, if it is necessary to provide safety for the public or to provide proper access for fire department operations in the event of an emergency. Fire lanes shall not conflict with prior approvals issued by the planning and/or zoning board unless it would impede access to any fire department connection, means of egress or water supply.
F-311.2: Notification: Whenever a determination has been made for fire lanes, fire zone or fire hydrant access designation, pursuant to F-311.1 above, the Fire Official shall notify the owner of the property in writing by registered or certified mail, or by hand delivering such notice, specifically describing the area designated and the reason for making the designation.
F-311.3: Marking the fire lanes, fire zones or fire hydrant access: The marking of fire lanes shall be the responsibility of, and shall be done at the expense of, the property owner and shall be accomplished within 30 days of receipt of notification.
1.
Designated fire lanes or fire zones shall be marked with a minimum three-inch yellow border line and permanently mounted sign(s).
2.
Signs: Metal signs shall be a minimum of 18 inches by 12 inches in dimension with reflective red letters stating "NO PARKING FIRE ZONE" or "NO PARKING FIRE LANE" on a white background. The sign shall be posted a minimum of seven feet above grade level facing approaching traffic. A maximum twenty-foot spacing is permitted between signs, but no less than one sign at each end of the designated fire zone.
F-311.4: Maintenance: Marking of the fire lanes shall be maintained in a legible condition as determined by the Fire Official.
F-311.5: Obstructions: It shall be a violation of this code for any person to park a motor vehicle, trailer, dumpster or storage container in or otherwise obstruct a fire lane, fire zone or fire hydrant. Any obstruction or vehicle may be removed by the authority having jurisdiction with all expenses incurred being paid by the owner of said obstruction or vehicle. In the event the owner of the obstruction is not determinable the expense shall be borne by the owner of said property in which the obstruction lies.
F-311.6: Jurisdiction: The Bureau of Fire Prevention and the Police Department of the Borough of Bergenfield shall have concurrent jurisdiction to enforce F-311.5 above.
F-311.7: Violations: Any persons, firm or corporation who shall violate any of the provisions of F-311.5 above shall upon conviction by a court of competent jurisdiction be punished by a fine of not less than $100 nor exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both fine and imprisonment and each violation of any of the provisions of F-311.5 above and each day the same is violated shall be deemed and taken to be as a separate offense.
F-311.8: If any provisions of the enforcement of F-311.3 are not completed within 30 calendar days, an additional penalty shall be issued by summons every 30 calendar days until the violation is abated.
F-312.1: Jurisdiction: The Bureau of Fire Prevention of the Borough of Bergenfield shall have jurisdiction to enforce F-312 as described in its entirety.
F-312.2: Violations: Any violations referenced will be from N.J.A.C. 5:70 subchapters 1, 2, 3, 4 or any Borough Ordinance related to the Fire Prevention Bureau.
F-312.3: Any violations referenced in F-312.2 above not abated in the allotted time given by Fire Prevention Bureau or any reoccurring violation shall be issued a summons.
F-312.4: Violations: Any persons, firm or corporation who shall violate any of the provisions of F-312.3 above shall upon conviction by a court of competent jurisdiction be punished by a fine of not less than $50 nor exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both fine and imprisonment and each violation of any of the provisions of F-312.2 above, and each abatement period the violation has not been cleared shall be taken as a separate offense. This fine shall be in addition to any fines previously assessed.
F-312.5: If violations remain unabated after the time allotted in F-312.4 above an additional summons shall be issued doubling the original penalty. This shall continue until the violation is abated.
D. 
The following modifications and additions to N.J.A.C. 5:70-3:
F-501: The Fire Official or his designee may require that additional permanent durable signs be placed indicating the purpose and/or location of various fire safety equipment, utility controls or an aid to fire suppression or rescue.
F-502: Identification light: All new and existing Fire Department connections shall have a red light located at a minimum of seven feet above grade above the Fire Department connection visible from the street side of the building. The red light shall be a minimum of a fifteen-watt bulb and remain illuminated 24 hours a day.