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City of Rahway, NJ
Union County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (1)
Public Documents
Legislation (3)
[Adopted 7-8-1985 by Ord. No. A-14-85]
[1]
Editor's Note: Ordinance No. O-4-02, adopted 3-11-2002, redesignated former Ch. 209, Fire Prevention, as Ch. 209, Art. I, Fire Prevention and Safety, and added §§ 209-11 through 209-50 as reserved sections within this article.
[Amended 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
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 Municipality of Rahway.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
[Amended 5-10-1999 by Ord. No. O-17-99; 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
The local enforcing agency (LEA) shall be the Rahway Fire Department.
[Amended 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
The local enforcing agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City of Rahway, 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
The local enforcing agency established by § 209-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[Amended 5-10-1999 by Ord. No. O-17-99; 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
The local enforcing agency established by § 209-2 of this chapter shall be a part of the Rahway Fire Department. The local enforcing agency (LEA) shall be under the direct supervision and control of the Fire Official who shall report to the Director of Fire of the Rahway Fire Department.
[Amended 5-10-1999 by Ord. No. O-17-99; 9-12-2011 by Ord. No. O-27-2011; 6-11-2014 by Ord. No. O-15-14]
A. 
The local enforcing agency shall be under the direct supervision of the Fire Official who shall be appointed by the Business Administrator.
B. 
The Fire Official shall serve for a term of one year.
C. 
Such inspectors and other officials as may be necessary in the local enforcing agency shall be appointed by the Business Administrator.
D. 
Inspectors and other employees of the enforcing agency shall be subject to removal by the Business Administrator 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.
E. 
The Director of Law serves as legal counsel and shall assist and represent the local enforcing agency in all matters related to the code. The Director of Law shall advise the agency and undertake such actions at law as the Fire Official shall deem necessary.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Union County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.
[Amended 6-11-2003 by Ord. No. O-33-03]
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, a minimum fee of $25 is established for a certificate of inspection when the act does not apply.
[Amended 5-10-1999 by Ord. No. O-17-99]
A. 
Section 5:70-2.20 of the Uniform Fire Code, as adopted by § 209-1 hereof, is amended as follows:
(1) 
Identifying emblems for structures with truss construction shall be permanently affixed to the front of structures with truss construction.
(a) 
The emblem shall be made of a white reflective background material with one-fourth-inch red border. The shape of the emblem shall be an isosceles triangle, and the size shall be 12 inches by six inches vertically. The following letter designations shall have red letters at least 21/2 inches high and a minimum width of 1/2 inch for each stroke, which shall be printed on the emblem.
[1] 
"F" to signify a floor with truss construction;
[2] 
"R" to signify a roof with truss construction; or
[3] 
"F/R"to signify both floor and roof with truss roof construction.
(b) 
The emblem shall be permanently affixed to the left of the main entrance door at a height between four and eight feet above ground or in an otherwise approved location, and shall be installed and maintained by the owner of the building.
(2) 
Detached one- and two-family residential structures with truss construction that are not part of a planned real estate development shall be exempt from the requirements of Subsection A(1) above, unless otherwise provided by municipal ordinance.
(3) 
Individual structures and dwelling units with truss construction that are part of a planned real estate development shall not be required to have an identifying emblem if there is an emblem affixed at each entrance to the development.
(4) 
Additional signs shall be provided when the Fire Official deems them necessary.
(a) 
Signs to be located at approved locations.
(b) 
Where the building color and the sign background is the same, a three-inch contrasting red border shall be provided.
[Amended 5-10-1999 by Ord. No. O-17-99]
Permit fees established by the Uniform Fire Code shall be as same is set forth in N.J.A.C. 5:70-2.9.[1]
[1]
Editor's Note: Former § 101-11, Identifying emblems for structures with truss construction, which immediately followed this section, was repealed 5-10-1999 by Ord. No. O-17-99. See now § 209-9A.
[Added 6-11-2003 by Ord. No. O-33-03]
In addition to the registration and permit fees required by the Uniform Fire Safety Act, the Fire Official, with the exception of Type 1 permits which are raised to $50 forthwith, by the approval of the City Council of the City of Rahway, who also hereby establishes the following registration and permit fees;
A. 
Local registration fees. The following buildings, uses and premises contained in this section shall be subject to annual registration fees and periodic inspections:
(1) 
L-1.
(a) 
All business uses of less than 5,000 square feet.
(b) 
Eating and cooking uses with a maximum permitted occupancy of less than 50 persons.
(c) 
All mercantile uses of less than 2,500 square feet.
(d) 
All factory uses of less than 2,500 square feet.
(e) 
All storage uses of less than 2,500 square feet.
(2) 
L-2.
(a) 
All mixed use buildings of less than 10,000 square feet in total area notwithstanding the number of occupancies or uses therein.
(b) 
All business uses of 5,000 square feet but less than 10,000 square feet.
(c) 
All mercantile uses of 2,500 square feet but less than 5,000 square feet.
(d) 
All factory uses of 2,500 square feet but less than 5,000 square feet.
(e) 
All storage uses of 2,500 square feet but less than 5,000 square feet,
(3) 
L-3.
(a) 
All mixed use buildings of 10,000 square feet but less than 15,000 square feet in total area notwithstanding the number of occupancies or uses therein.
(b) 
All business uses of 10,000 square feet but less than 15,000 square feet.
(c) 
All mercantile uses of 5,000 square feet but less than 12,000 square feet.
(d) 
All factory uses of 5,000 square feet but less than 12,000 square feet.
(e) 
All storage uses of 5,000 square feet but less than 12,000 square feet.
(4) 
L-4.
(a) 
All mixed use buildings of 15,000 square feet or larger in total area notwithstanding the number of occupancies or uses therein.
(b) 
All business uses in areas of 15,000 square feet or more.
(c) 
All factory uses of in areas 12,000 square feet or more.
(d) 
All storage uses of in areas 12,000 square feet or more.
(e) 
Occupancies not otherwise classified that primarily store material outdoors in storage units or DOT containers.
(f) 
All buildings and/or properties regardless of total area utilized that store, handle, grind or manufacture wood pallets as their primary use.
B. 
The following residential uses contained in this section shall be subject to cyclical registration fees and periodic inspections commensurate with housing inspections once every 12 months:
[Amended 4-12-2010 by Ord. No. O-1-10]
(1) 
L-5. All multiple-family dwellings wherein there exist no more than four individual apartments.
(2) 
L-6. All multiple-family dwellings wherein there exist at least five individual apartments but less than 10 individuals apartments.
(3) 
L-7-A. All multiple-family dwellings wherein there exist at least 10 individual apartments but less than 30 individual apartments.
(4) 
L-7-B. Hotels and motels (R-2) with under 30 rooms.
(5) 
L-8-A. All multiple-family dwellings wherein there exist at least 30 individual apartments but less than 50 individual apartments.
(6) 
L-8-B. Hotels and motels (R-2) with at least 30 rooms but less than 50 rooms.
(7) 
L-9-A. All multiple-family dwellings wherein there exist 50 or more individual apartments.
(8) 
L-9-B. Hotels and motels (R-2) with over 50 rooms.
(9) 
L-10. All non-owner-occupied two-family dwellings.
[Added 6-11-2003 by Ord. No. O-33-03; amended 4-12-2010 by Ord. No. O-1-10]
All Type L uses shall be inspected for compliance with the provisions of the Uniform Fire Code periodically, but not less than specified herein.
A. 
L-1: once every 12 months.
B. 
L-2: once every 12 months.
C. 
L-3: once every 12 months.
D. 
L-4: once every 12 months.
E. 
L-5: once every 12 months.
F. 
L-6: once every 12 months.
G. 
L-7-A and L-7-B: once every 12 months.
H. 
L-8: once every 12 months.
I. 
L-9-A and L-9-B: once every 12 months.
J. 
L-10: once every 12 months.
[Added 6-11-2003 by Ord. No. O-33-03]
In addition to the permits required by the Uniform Fire Safety Act, the following local fire safety permits are required and the annual fee shall be paid as set forth below:
A. 
Class 1 permits.
(1) 
The storage or handling of Class 1 flammable liquids in closed containers of aggregate amounts of more than one gallon but less than 10 gallons within a building, or, more than one gallon but less than 60 gallons outside a building.
(2) 
The storage or handling of Class II or Class IIIA combustible liquids in closed containers of aggregate amounts of more than five gallons but less than 25 gallons inside a building, or, more than 10 gallons but less than 60 gallons outside a building.
(3) 
The storage, handling or use of one to 10 thirty-three-pound liquefied petroleum gas cylinders for use as a motor fuel.
(4) 
The storage, handling or sale in an occupancy other than residential of liquefied petroleum gas in cylinders of any size having an aggregate capacity of less than 60 pounds when utilized or offered as a fuel source for portable cooking, portable heating or flame-producing devices
(5) 
The occasional use of any room in a multipurpose building with a maximum permitted occupancy of less than 100 persons for amusement, entertainment or mercantile purposes.
B. 
Class 2 permits.
(1) 
Mobile food vendors when flammable liquids or liquefied petroleum gas are utilized for food preparation or warming.
(2) 
The storage, handling or use of 11 to 20 thirty-three-pound liquefied petroleum gas cylinders for use as a motor fuel.
(3) 
The handling, storage, use or sale of cut evergreen and/or pine-type Christmas trees, branches or bundles of pine or other evergreen-type boughs and/or grave covers, wreaths and similar decorations made of pine or evergreen-type boughs or branches.
(4) 
The storage, handling or sale in any occupancy other than residential of liquefied petroleum gas in cylinders of any size having an aggregate capacity of 60 pounds or more but less than 150 pounds when utilized or offered as fuel sources for portable cooking, portable heating or flame producing devices.
C. 
Class 3 permits.
(1) 
The storage or use at normal temperature and pressure of less than 2,000 cubic feet of flammable compressed gas or less than 6,000 cubic feet of nonflammable compressed gas.
(2) 
The storage or use of 10 gallons or less of liquid oxygen, flammable cryogenic liquid or cryogenic oxidizers, or the storage of 500 gallons or less of nonflammable, nontoxic cryogenic liquids.
(3) 
The storage or handling of (except medicines, beverages, foodstuffs, cosmetics and other common consumer items when packaged according to commonly accepted practices):
(a) 
Fifty-five gallons or less of corrosive liquids.
(b) 
Five hundred pounds or less of oxidizing materials.
(c) 
Ten pounds or less of organic peroxides.
(d) 
Five hundred pounds or less of nitromethane.
(e) 
One thousand pounds or less of ammonium nitrate.
(f) 
Ten pounds or less of flammable solids.
(4) 
The storage, handling or use of 21 or more thirty-three-pound liquefied petroleum gas cylinders when used as a motor fluid.
(5) 
The storage, use, handling or sale in any occupancy other than residential of liquefied petroleum gas in cylinders of any size having an aggregate capacity of 151 pounds or more when utilized, or offered as a fuel source for portable cooking, portable heating or flame producing devices.
[Added 6-11-2003 by Ord. No. O-33-03]
A. 
All uses requiring registration fees and/or permits shall receive invoices prior to the current certificate of inspection expiration. All fees shall be paid within 30 days of receipt of invoice.
B. 
All required registration fees and/or permit fees, which remain unpaid past the thirty-day payment period, can be assessed a twenty-dollar late fee.
C. 
When more than one registered use exists under one ownership at a given location, the highest use shall be registered at the full scheduled fee and subsequent uses at one-half the scheduled fee.
D. 
Buildings, uses and premises that are registered as life-hazard uses pursuant to the Uniform Fire Code shall be exempt from local registration fees. However, nothing shall preclude the issuance of Class 1, 2 and 3 local permits.
E. 
Fire incident reports shall be made available to interested parties after such parties make a request, in writing, to the Fire Official for such reports. A services fee of $5 for the first page and $1 per page thereafter shall be charged for each report.
F. 
Registration fee schedule.
(1) 
Type L-1: $50.
(2) 
Type L-2: $75.
(3) 
Type L-3: $100.
(4) 
Type L-4: $150.
(5) 
Type L-5: $50.
(6) 
Type L-6: $75.
(7) 
Type L-7: $100.
(8) 
Type L-8: $150.
(9) 
Type L-9: $200.
(10) 
Type L-10: $50.
G. 
Local permit fee schedule.
Class 1 permits:
$50
Class 2 permits:
$75
Class 3 permits:
$100