Borough of Northvale, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Northvale as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 18.
Alarm systems — See Ch. 61.
Unsafe buildings — See Ch. 76.
Certificates — See Ch. 80.
Uniform construction codes — See Ch. 84.
Property maintenance — See Ch. 147.
Article I Uniform Fire Code Enforcement

§ 101-1 Adoption of Uniform Fire Safety Act.

§ 101-2 Enforcement by Borough.

§ 101-3 Northvale Fire Prevention Bureau; enforcement.

§ 101-4 Duties of enforcement agency.

§ 101-5 Members; Fire Marshal; other employees.

§ 101-6 Records; budget to be prepared by official.

§ 101-7 Appointments; term of office; removal of officials.

§ 101-8 Qualifications of Fire Marshal.

§ 101-9 Qualifications of Fire Inspector.

§ 101-10 Right to appeal; Board of Appeals.

§ 101-11 Life-hazard uses.

§ 101-12 Non-life-hazard fees and inspections.

§ 101-13 Fire control measures and regulations.

§ 101-14 Controlling authority in emergency situations.

§ 101-15 Interference with fire emergencies.

§ 101-16 Compliance with Fire Chief's orders.

§ 101-17 Crossing of fire hoses by vehicles.

§ 101-18 Authorized emergency vehicles.

§ 101-19 Unlawful boarding of emergency vehicles.

§ 101-20 Blocking of fire hydrants.

§ 101-21 Use of fire hydrants.

§ 101-22 Placement and replacement of water mains; water flow.

§ 101-23 Tampering with fire hydrants.

§ 101-24 Street obstructions.

§ 101-25 Notification of Fire Department.

§ 101-26 Designation of fire lanes; zones.

§ 101-27 Violations and penalties.

Article II Hazardous Materials

§ 101-28 Applicability; reporting procedures.

§ 101-29 Permit required; contents.

§ 101-30 Amounts of chemicals to report.

§ 101-31 General and specific compliance.

§ 101-32 Violations and penalties.

[Adopted by Ord. No. 656-93]

§ 101-1 Adoption of Uniform Fire Safety Act.

[Amended 6-9-1999 by Ord. No. 742-99; 7-9-2003 by Ord. No. 785-2003]
All regulations contained under the Uniform Fire Code, N.J.A.C 5:70 et seq and N.J.A.C. 5:70-3.1 and N.J.A.C. 5:70-3.2 et seq., or contained under the Uniform Fire Safety Act, P.L. 1983 c.383),[1] are incorporated herein by reference.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 101-2 Enforcement by Borough.

[Amended 7-9-2003 by Ord. No. 785-2003]
Pursuant to Section 11 of the Uniform Fire Safety Act,[1] P.L. 1983 c.383 and N.J.A.C. 5:70-1 et seq., all provisions of this article shall be enforced locally by the Northvale Fire Prevention Bureau.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 101-3 Northvale Fire Prevention Bureau; enforcement.

The Fire Prevention Bureau of Northvale is created and is designated to enforce the New Jersey Uniform Fire Code and all regulations promulgated thereunder and such related provisions and authorities as set forth in § 101-1 hereof.

§ 101-4 Duties of enforcement agency.

The local enforcement agency created herein shall enforce the Uniform Fire Safety Act, Uniform Fire Code and regulations adopted under it in all buildings, structures and premises within the Borough of Northvale other than owner-occupied one- and two-family dwellings.

§ 101-5 Members; Fire Marshal; other employees.

[Amended 6-9-1999 by Ord. No. 742-99]
The Northvale Fire Prevention Bureau established under § 101-3 hereof shall be supervised by the Fire Marshal. The Fire Prevention Bureau shall consist of the Fire Marshal, Inspectors and such employees deemed necessary by the Mayor and Council to adequately enforce the Uniform Fire Safety Act, Uniform Fire Code and the provisions of this article.

§ 101-6 Records; budget to be prepared by official.

[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall prepare and forward a monthly report to the Mayor and Council through the designated Council liaison. The Fire Marshal shall prepare a yearly budget and maintain accurate records in regard to all activities of the Fire Prevention Bureau and forward an annual report to the designated Council liaison.

§ 101-7 Appointments; term of office; removal of officials.

[Amended 6-9-1999 by Ord. No. 742-99]
A. 
Appointment of Fire Marshal. The Fire Marshal shall be appointed by the Mayor and Council. The Fire Marshal shall serve for a term of two years from January 1 of the year of appointment.
B. 
Appointment of Inspectors and other employees. Inspectors and other employees of the enforcing agency shall be appointed by the Mayor and Council with due consideration being given to the recommendations of the Fire Marshal. The employees of the Fire Prevention Bureau shall be appointed by the Mayor and Council pursuant to this article. The term of all Fire Inspectors and any other employees shall be for one year from January 1 of the year appointment.
C. 
Removal from office. The Fire Marshal, Inspectors and any other employee of the Northvale Fire Prevention Bureau shall be subject to removal by the Mayor and Council for inefficiency or misconduct. The Fire Marshal, Inspectors or other employees to be so removed shall be afforded an opportunity to be heard by the appointing authority or a hearing officer designated by the appointing authority.

§ 101-8 Qualifications of Fire Marshal.

[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall meet the following qualifications in order to be appointed:
A. 
He or she shall hold a valid certification as a New Jersey Fire Marshal.
B. 
He or she shall have at least three years experience as a certified Fire Inspector.
C. 
He or she shall hold a valid Fire Protection Inspector license (H.H.S.).
D. 
He or she shall hold a valid Fire Protection Subcode Official license.

§ 101-9 Qualifications of Fire Inspector.

The Fire Inspectors shall meet the following qualifications:
A. 
He or she shall hold a valid certification as a New Jersey Fire Inspector.
B. 
He or she shall have three years as a Fire Inspector or active fire fighter.

§ 101-10 Right to appeal; Board of Appeals.

Pursuant to N.J.S.A. 52:27D-206, any person aggrieved by any order of the Northvale Fire Prevention Bureau shall have the right to appeal to the Bergen County Construction Board of Appeals.

§ 101-11 Life-hazard uses.

[Amended 7-9-2003 by Ord. No. 785-2003]
The Northvale Fire Prevention Bureau shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs. The scope and classification of life hazards are recognized as per N.J.A.C. 5:70-2.4 fees established as per N.J.A.C. 5:70-2.9. All other uses shall be considered non-life-hazard uses.

§ 101-12 Non-life-hazard fees and inspections.

[Amended 6-9-1999 by Ord. No. 742-99; 7-9-2003 by Ord. No. 785-2003]
A. 
In addition to fees and inspections of life-hazard uses pursuant to the New Jersey Uniform Fire Code, the additional inspections and fees relative to nonlife hazards as set forth hereinbelow shall be required annually. Fees shall be due before March 31 of each year. Inspections shall be conducted annually.
[Amended 11-20-2007 by Ord. No. 848-2007; 2-11-2015 by Ord. No. 948-2015]
(1) 
Business, Mercantile and Assembly Use Group: except life-hazard uses as per § 101-11:
Size
(square feet)
Fee
Less than 1,000
$50
Less than 5,000 and more than 999
$75
Less than 12,000 and more than 4,999
$150
(2) 
Storage Use Group, except life-hazard uses as per § 101-11:
Size
(square feet)
Fee
Less than 2,500
$75
Less than 7,000 and more than 2,499
$150
Less than 12,000 and more than 6,999
$225
More than 12,000
$350
(3) 
Factory, Industrial and Commercial Use Group, except life-hazard uses as per § 101-11:
Size
(square feet)
Fee
Less than 1,000
$100
Less than 6,000 and more than 999
$150
Less than 10,000 and more than 5,999
$200
More than 10,000
$300
(4) 
Non-owner-occupied Residential - Multiple Dwelling Use Group:
Size
(square feet)
Fee
Non-owner-occupied 3 units and up
$75, plus $10 for each unit over 5 units
(5) 
Any other use not otherwise classified/covered by enforcement under this section:
Size
(square feet)
Fee
Less than 1,000
$50
Less than 5,000 and more than 999
$75
Less than 12,000 and more than 4,999
$150
More than 12,000 (except life hazard)
$300
B. 
Required permits under N.J.A.C. 5:70-2.7 shall be charged as set forth in the Uniform Fire Code.
C. 
Certificate of smoke detector and carbon monoxide compliance. Application fee and requirements for certificate shall be set forth under Ordinance No. 634-91.[1]
[1]
Editor's Note: See Ch. 80, Art. II, Certificates of Smoke Detector Installation.

§ 101-13 Fire control measures and regulations.

There is hereby adopted by the Mayor and Council of the Borough of Northvale the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire suppression forces. For the purpose of this article, the "Fire Chief" shall be defined as Fire Chief, line officer or fire fighter in charge of the particular emergency.

§ 101-14 Controlling authority in emergency situations.

The Fire Chief or duly authorized representative as may be in charge at the scene of a fire is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of his duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Chief may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Chief.

§ 101-15 Interference with fire emergencies.

It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any Fire Department emergency personnel.

§ 101-16 Compliance with Fire Chief's orders.

A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or interfere with the compliance attempts of another individual.

§ 101-17 Crossing of fire hoses by vehicles.

A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Chief in command of said operation.

§ 101-18 Authorized emergency vehicles.

Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.

§ 101-19 Unlawful boarding of emergency vehicles.

A person shall not, without proper authorization from the Fire Chief in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or manipulate or tamper with or attempt to manipulate or tamper with anything associated with any part of the Fire Department emergency vehicle or equipment attendant thereto.

§ 101-20 Blocking of fire hydrants.

A. 
It shall be unlawful to obscure from view, to damage or deface or to obstruct or restrict the access to any fire hydrant of any Fire Department connections that are located on public or private streets and access lanes or on private property.
B. 
If, upon the order of the Fire Chief or Fire Marshal, obstructions or encroachments are not removed, the Fire Chief or Fire Marshal shall proceed to remove the same. The cost incurred in the performance of the necessary work shall be paid from the municipal treasury on certification of the Fire Chief or Fire Marshal and with the approval of the governing body, and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
[Amended 6-9-1999 by Ord. No. 742-99]

§ 101-21 Use of fire hydrants.

[Amended 6-9-1999 by Ord. No. 742-99]
A person shall not use or operate any fire hydrant intended for use of the Fire Department unless such person first secures a permit for such use from the Fire Marshal and the Hackensack Water Company. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the Hackensack Water Company.

§ 101-22 Placement and replacement of water mains; water flow.

[Amended 6-9-1999 by Ord. No. 742-99]
The Fire Marshal shall recommend to the Mayor and Council 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 water flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Marshal. The Fire Marshal shall further review all zoning applications before the Planning Board and/or the Zoning Board of Adjustment of the Borough of Northvale relating to light industrial use, and he shall give a written recommendation to such Board concerning the need for any additional fire hydrant or similar fire-fighting equipment on the subject property.

§ 101-23 Tampering with fire hydrants.

[Amended 6-9-1999 by Ord. No. 742-99]
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Fire Prevention Code except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the Fire Marshal. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Marshal.

§ 101-24 Street obstructions.

A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street, within the boundaries of the municipality, without the permission of the Police Chief and notification to the Fire Chief. The word "street," as used in this article, 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 municipality.

§ 101-25 Notification of Fire Department.

It shall be a violation of this article for any person, firm, corporation, owner, tenant or person responsible for a given structure or premises to fail to immediately notify the Fire Department and immediately evacuate the entire structure when any of the following conditions are present:
A. 
The fire alarm is activated.
B. 
There is smoke in the structure.
C. 
An explosion has occurred.
D. 
There is a fire in the structure.
E. 
Any fire protection system (sprinklers, etc.) is activated.
F. 
Whenever a hazardous or flammable material is spilled, leaked or exposed and has the potential to endanger the occupants on the premises.

§ 101-26 Designation of fire lanes; zones.

A. 
The Fire Marshal may require and designate public or private fire zones and/or lanes as deemed necessary for the efficient and effective use of fire apparatus and equipment and to ensure the safe and timely egress of occupants and ingress of fire suppression forces.
[Amended 6-9-1999 by Ord. No. 742-99]
B. 
The Police Chief shall be consulted prior to designation, and due consideration shall be given to the recommendations of the Police Chief.
C. 
Obstruction. Designated fire zones and lanes shall be maintained free of obstruction and vehicles at all times. Designated fire zones and lanes shall be utilized by the Fire Department only. Police and emergency medical service vehicles are hereby exempt from the requirements of this subsection when on emergency responses.
D. 
Handicapped, senior citizens, delivery and similar vehicles, in addition to all other vehicles and obstructions, are hereby specifically prohibited from obstructing, stopping, parking or otherwise utilizing fire zones and lanes.
E. 
Marking and posting. Fire lanes shall be marked as ordered by the Fire Marshal. However, minimum parking shall be as follows:
[Amended 6-9-1999 by Ord. No. 742-99]
(1) 
Fire lanes shall be bordered on both sides by a minimum six-inch yellow stripe painted on the surface.
(2) 
Approved weatherproof signs shall be attached to the structure in locations approved by the Fire Marshal or on posts located no more than 50 feet apart.
(3) 
"Fire Lane" shall be painted on the surface and shall be in yellow letters, at a minimum height of 18 inches. "Fire Lane" shall be painted every 50 feet and/or at locations approved by the Fire Marshal.
F. 
Fire zones. Fire zones shall be marked as ordered by the Fire Marshal. However, minimum markings shall be as follows:
[Amended 6-9-1999 by Ord. No. 742-99]
(1) 
Fire zones shall be marked around their entire perimeter with a yellow line having a minimum width of four inch and diagonal four-inch yellow lines every three feet.
(2) 
Approved weatherproof signs shall be attached to the structure and locations approved by the Fire Marshal or on posts located as required by the Fire Marshal.
(3) 
"Fire Zones" shall be painted on the surface and shall be in yellow letters with a minimum height of 18 inches. "Fire Zones" shall be painted at locations approved by the Fire Marshal.
G. 
Approved signs. Fire zones lane signs shall be weatherproof with white reflective background and bright red letters with a minimum height of two inches. The sign shall read "Fire Zone - No Parking" or "Fire Lane - No Parking." All signs shall be maintained in good condition and shall be free from rust or any other condition that would cause such sign to obstruct visibility. "No parking" is hereby defined for the purposes of this article as follows: No parking shall mean no parking, stopping, loading, unloading or otherwise obstructing.
H. 
Enforcement. The provisions of this section concerning fire lanes and fire zones shall be enforced by the Fire Marshal and inspector who shall have powers concurrent with that of the police department of the Borough of Northvale to issue summonses for offenses or violations. The summonses shall be returnable in the Municipal Court of the Borough of Northvale and any and all fines that are collected shall be remitted to the Treasurer of the Borough of Northvale.
[Amended 6-9-1999 by Ord. No. 742-99]

§ 101-27 Violations and penalties.

[Amended 3-9-1994 by Ord. No. 667-94]
Any person who shall violate the provisions of § 101-26C of this article or fail to comply herewith, or who shall violate or fail to comply with any order made thereunder, shall, for each violation, be assessed a penalty of not more than $100.
[Adopted 8-6-1991 by Ord. No. 632-91]

§ 101-28 Applicability; reporting procedures.

Each owner and/or lessee, which shall include individuals, partnerships and/or corporations, who or which owns or leases property and/or structures wherein and whereon hazardous chemicals are manufactured, processed, handled, used or stored in any manner shall:
A. 
Once a year provide the Fire Prevention Bureau and Construction Code Official with a Safety Control Chemical Data Sheet (Form LSBOOS-4) as provided by the United States Department of Labor or an alternative form as approved by the Fire Prevention Bureau.
B. 
Once a year provide the Fire Prevention Bureau and Construction Code Official with a plot plan of its property indicating the location of hazardous chemical storage areas, including the location of all stationary liquid containers and container storage areas containing a quantity of hazardous materials and/or substances in excess of the amounts provided in § 101-30 hereof.

§ 101-29 Permit required; contents.

A. 
If it is determined that a local permit is required or the premises are required to be registered for manufacturing, processing, handling, use or storage of hazardous materials under the New Jersey Uniform Fire Code in excess of amounts established under § 101-30 hereof, an initial registration fee of $75 shall be required.
B. 
When the required fee has been paid to the Fire Marshal or other designated official and the other sections of this article have been complied with, a permit shall be issued by the Fire Marshal. The permit shall list, by type and class, as defined in the Fire Prevention Code, the hazardous material and substances which may be stored on the premises covered by the permit. For each type and class of hazardous substances, the permit shall list the areas in which storage of such hazardous substances are permitted, the amount permitted in each area and the type of storage, such as (by way of example and not limitation) underground tank, aboveground tank or fifty-five-gallon drum. The type or class of hazardous substances stored in a given area shall not be changed to a different type or to a more hazardous class without written notice to the Fire Prevention Bureau at least 24 hours before the change. An update fee of $35 shall be included with said written notice.
(1) 
All application forms and other necessary forms shall be provided for by the Borough and obtainable from the Fire Marshal. When completed, they shall be filed with the Fire Marshal, together with the required fee.
(2) 
All permits shall continue in effect until such time as there is a change in the type, class or amount of the hazardous material or if said hazardous material is moved to another portion of the premises different than that provided for on the permit.
(3) 
The applicant must provide the Fire Prevention Bureau and Construction Code Official with a fully completed Safety Control Chemical Data Sheet as required by § 101-28A hereof. All items thereon shall be completed. If an answer to an item is properly "none" or "not applicable," it shall be so stated.
(4) 
The applicant must also provide the Fire Prevention Bureau and Construction Code Official with a fully completed plot plan as required by § 101-28C hereof.
(5) 
The applicant shall clearly identify each storage tank, storage area and building containing hazardous materials by conspicuously marking it in accordance with National Fire Prevention Association (NFPA) 704 - 1975 Standard. Underground tanks shall be marked on the fill or vent pipe. Drums and other container storage areas shall be clearly marked, in accordance with NFPA system, in such a manner as to readily identify the hazardous chemicals stored therein. Placard classifications shall be kept current as to reflect materials that are stored, used or manufactured. All placards shall conform to NFPA Standard 704 and shall be weatherproof and permanently secured. Placards shall be legible for a distance of at least 100 feet.

§ 101-30 Amounts of chemicals to report.

The requirements of this article shall become effective on the basis of the following schedule:
A. 
Flammable liquids: 120 gallons.
B. 
Combustible liquids: 250 gallons.
C. 
Flammable cases: 3,000 cubic feet.
D. 
Liquefied flammable cases: 60 gallons.
E. 
Flammable solids: 500 pounds.
F. 
Unstable materials: full reporting.
G. 
Corrosive liquids: 110 gallons.
H. 
Oxidizing material: 6,000 cubic feet.
I. 
Oxidizing material, liquids: 50 gallons.
J. 
Oxidizing material, solids:
(1) 
Class 1: 4,000 pounds.
(2) 
Class 2: 1,000 pounds.
(3) 
Class 3: 200 pounds.
(4) 
Class 4: 10 pounds.
K. 
Organic peroxides: 10 pounds.
(1) 
Class 1: full reporting.
(2) 
Class 2 and 3: 10 pounds.
L. 
Nitromethane (unstable materials): full reporting.
M. 
Ammonium nitrate: 1,000 pounds.
N. 
Highly toxic materials and poisonous gas: full reporting.
O. 
Irritants: 5,000 pounds.
P. 
Sensitizers: 5,000 pounds.
Q. 
Smokeless powder: 20 pounds.
R. 
Black sport powder: five pounds.

§ 101-31 General and specific compliance.

A. 
General compliance.
(1) 
All persons engaged in hazardous chemical operations shall carry out such operations in a manner to protect the health, safety and welfare of the public from such operations.
(2) 
All persons engaged in hazardous chemicals operations shall comply with the requirements and the standards set forth in this article. The Fire Prevention Bureau may accept equivalent protection where strict compliance would create a hardship.
B. 
Specific compliance. Every person engaged in hazardous chemical operations shall:
(1) 
Comply with the Borough's Building Code, Fire Prevention Code, Electrical Code, Plumbing Code and Sanitary Code[1] and such other codes and standards which have been or may be adopted by the Borough.
[1]
Editor's Note: See Ch. 84, Construction Codes, Uniform, and Ch. 234, Sanitation.
(2) 
Comply with nationally recognized standards for their hazardous chemicals operation.
(3) 
Comply with state laws and regulations and federal laws and regulations protecting public safety and health from hazardous chemicals.

§ 101-32 Violations and penalties.

A. 
Every day after an initial court adjudication of a violation that the provisions of this article are violated by an owner and/or lessee of any building or location shall be a separate and distinct violation of this article.
B. 
All penalties as provided pursuant to the New Jersey Uniform Fire Code and as set forth under N.J.A.C. 5:18-2.12 shall be applicable herein and are expressly incorporated in this article.