Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 4-16-1986 by Ord. No. 24-1986.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 111.
Fire insurance liens — See Ch. 126.
Hazardous materials — See Ch. 146.
Fire Department reports and photographs — See Ch. 170, Art. IV.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 128, Fire Prevention and Control, adopted as follows: Art I, 1-20-1977 by Ord. No. 1-1977, as amended; Art. II, 1-20-1977 by Ord. No. 2-1977, as amended.

§ 128-1 Local enforcement.

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 Atlantic City.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.

§ 128-2 Enforcing agency.

The local enforcing agency shall be the Bureau of Fire Prevention in the Atlantic City Fire Department.

§ 128-3 Duties.

The local enforcement 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 the City of Atlantic City, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act[1] and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 128-4 Periodic inspection of life-hazard uses.

The local enforcing agency established by § 128-2 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 the New Jersey Department of Community Affairs.

§ 128-5 Organization.

[Amended 7-7-1999 by Ord. No. 31-1999]
The local enforcing agency established by § 128-2 of this chapter shall be a part of the Atlantic City Fire Department and shall be under the direct supervision and control of the Fire Official appointed under § 128-6. The Fire Official shall report to the Chief of the Fire Department.

§ 128-6 Appointments; term of office and removal.

A. 
Appointments. Appointments shall be as follows:
(1) 
Fire Official. The Fire Official shall be appointed by the appointing authority or his/her designee pursuant to and in accordance with the New Jersey Civil Service Rules and Regulations, Title 11 of the Revised Statutes.
[Amended 12-8-2010 by Ord. No. 82-2010]
(2) 
Fire Inspectors. Fire Inspectors shall be appointed by the appointing authority or his/her designee pursuant to and in accordance with the New Jersey Civil Service Rules and Regulations, Title 11 of the Revised Statutes.
[Amended 12-8-2010 by Ord. No. 82-2010]
(3) 
Other employees. Other employees as may be necessary in the local enforcing agency shall be appointed by the Chief of the Atlantic City Fire Department upon approval of the Mayor and Council pursuant to and in accordance with the New Jersey Civil Service Rules and Regulations, Title 11 of the Revised Statutes.
B. 
Terms of office and removal from office.
(1) 
The Fire Official, Fire Inspectors and other employees of the local enforcing agency shall be subject to removal in accordance with local and state law.
(2) 
The Fire Official, Fire Inspectors and other employees to be so removed shall be afforded an opportunity to be heard by the appointing authority of a designated hearing officer pursuant to and in accordance with the New Jersey Civil Service Rules and Regulations, Title 11 of the Revised Statutes.

§ 128-7 Appeals.

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 the County of Atlantic, State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 52:27D-208.

§ 128-8 Additional inspections.

In addition to the inspections required pursuant to the Uniform Fire Safety Act and the regulations of the New Jersey Department of Community Affairs, the following additional inspections shall be required:
A. 
All buildings, structures, premises or portions thereof, except owner-occupied one- or two-family dwellings and individual residential dwelling units shall be inspected as often as deemed necessary by the Fire Official.
B. 
Local non-life-hazard use inspections, as identified in § 128-11, shall be inspected on an annual basis.
[Added 3-23-2005 by Ord. No. 24-2005; amended 3-2-2016 by Ord. No. 6-2016]
C. 
Non-life-hazard use inspections may be conducted by line officers during the course of their tour of duty.
[Added 3-2-2016 by Ord. No. 6-2016]
D. 
Special event permit applications shall be filed five days prior to the event for the Fire Official's approval. Late applications may be approved by the Fire Official but shall be subject to an additional fee of $200 for processing. The applicant shall include the date and time of final inspection on the permit application. Special event inspections required at other than normal working hours may be subject to the additional charges for the Fire Marshal's overtime rate of pay. Additional reinspection fees may apply if the event is not ready for final inspection on the date and time designated by the applicant.
[Added 3-2-2016 by Ord. No. 6-2016]
Re-Inspection fee: $75.
Each additional reinspection fee to previous fee: $50.
E. 
Pursuant to N.J.A.C. 5:70-2.10(d), the request for time extension may be granted. The request shall be applied for, in writing, and the fee shall be paid before an extension request can be considered.
[Added 3-2-2016 by Ord. No. 6-2016]
Extension fee: $30.
Each additional request would be double the previous fee.
F. 
A permit application may be denied if there are any outstanding fees owed to the City.
[Added 3-2-2016 by Ord. No. 6-2016]
G. 
Fire incident report: two pages or less, $5; additional pages over two, $2.
[Added 3-2-2016 by Ord. No. 6-2016]

§ 128-9 Permit application fees.

[Amended 4-13-1994 by Ord. No. 21-1994; 2-18-1998 by Ord. No. 4-1998; 7-7-1999 by Ord. No. 31-1999; 3-23-2005 by Ord. No. 24-2005; 3-2-2016 by Ord. No. 6-2016]
A. 
Permit application fees established by the Uniform Fire Safety Act are adopted as follows:
Type
Fee
Type 1
$75
Type 2
$200
Type 3
$375
Type 4
$550
Type 5
(Reserved)
Type 6
$300
Type 7
$300
Type 8
$300
B. 
Fees for smoke and carbon monoxide detector compliance:
(1) 
Requests made 10 days prior to change of occupant: $45.
(2) 
Request made four to 10 days prior to change of occupant: $85.
(3) 
Requests made less than four days prior to change of occupant: $135.
(4) 
Request for time extension: $30.
(5) 
Request for Fire Code variations and Fire Code status: $60.
(6) 
Reinspection service fee, per inspection: $75.

§ 128-10 Local amendments to Uniform Fire Safety Act.

[Added 7-7-1997 by Ord. No. 31-1999]
The following amendments are made to Uniform Fire Safety Act pursuant to N.J.A.C. 5:70-2.8(a):
A. 
N.J.A.C. 5:70-2.7(a)8. Type 6 Permit:
(1) 
Utilization of a Fire Department engine company for the performance of standpipe flow test in accordance with N.J.A.C. 5:70-3.4(d)2.li.
B. 
N.J.A.C. 5:70-2.7(a)9. Type 7 Permit:
(1) 
Special event and decorative material review and inspection.
C. 
N.J.A.C. 5:70-2.7(a)10. Type 8 Permit:
(1) 
Fire Department review of MSDS and Tier II EPA reports and inspections in accordance with local Ordinance No. 23 of 1967 Section 6.
D. 
Local Fire Code amendments:
[Added 3-23-2005 by Ord. No. 24-2005; amended 6-11-2014 by Ord. No. 27-2014]
(1) 
905.12 Operating Pressure Signs: All Fire Department connection signs shall indicate the operating pressure for the Fire Department to apply at the point of connection to achieve the required roof fire flow. The signs shall be reflective and constructed of a durable material. Dimensions shall be at least 12 inches by eight inches with three-fourths-inch letters.
(2) 
905.13 Cabinet Markings: All standpipe, fire extinguisher or fire protection cabinets shall have a proper handle or pull to allow access by firefighters with gloved hands and shall be marked and identified as follows:
(a) 
Cabinets or standpipe connections not located in approved stairways shall be identified with a four-inch round blue light mounted no less than 24 inches nor more than 48 inches above the cabinet top. The light shall be visible and unobstructed;
(b) 
Lights shall be connected to an emergency power supply;
(c) 
Cabinets located on columns shall be marked on all four sides of the column as described above for visibility;
(d) 
All stairways containing standpipe connections shall be marked "Fire Department-Standpipe Connection" on the access side of the stairway door in two-inch contracting letters except that markings shall not be required if all stairwells on the floor contain standpipe connections.
(3) 
F-521.1.1 Elevator Recall Keys: All elevator lobbies shall be provided with a Fire Department Knox-Box® to hold the elevator keys for any elevator bank deemed required by the Fire Official. Said boxes shall be located in an area approved by the Fire Official.
(4) 
907.20.4.1.5 Fire Alarm Audibility Test: The Fire Official may request an audible signal sound level verification test in places of public assembly and high rise buildings in accordance with the following:
(a) 
Testing shall be conducted by a certified fire alarm system installer or design professional;
(b) 
Testing shall identify the twenty-four-hour time-weighted ambient sound level in decibles;
(c) 
Sound level measurements shall include the highest level and lowest level within a tested area;
(d) 
Sound level readings shall be taken at maximum hearing distance to audible appliance or between audible appliances.
(5) 
907.20.4.1.6 Music System Shunts: All places of public assembly (Nightclubs A-2 and A-3) shall have power supply "shunt trip breakers" to all areas of the building providing live or recorded music that comply with the following:
(a) 
Shunt trip breakers shall turn off all music, amplifiers, turntables and other sound-producing equipment upon activation of the building fire alarm system;
(b) 
All house lighting shall return to normal lighting levels or all emergency lights shall be activated upon activation of the building alarm system.
(6) 
907.20.4.1.7 Annunciator Markings: Annunciator panels shall be marked in plain English to identify the alarm and device location. If sufficient room is not available on the alarm panel, then a separate directory indicating the zone and location shall be maintained at the annunciator panel for Fire Department use.
(7) 
912.8 Fire Department Connection Locations: All new or relocated Fire Department connections shall be located within 50 feet (one hose length) of a fire hydrant of suitable size and capacity to provide the required fire flow for the protected property. In no event shall Fire Department connections be placed under buildings or street overbuilds.
(8) 
F-707.4 Floor Plan Diagrams: A floor plan diagram shall be posted and maintained in each stairwell of a high rise building. The floor plan shall be affixed to the stairwell side of the floor door and shall reflect the current floor layout, fire standpipe locations, system shut-offs, secondary exits, room numbers, electrical closets and fire fighter telephone communication jacks.
(9) 
904.14 Mobile Canteen Vehicles: Mobile food vendors, popularly referred to as "food trucks," are permitted in the City of Atlantic City, provided appropriate permits are issued, zoning restrictions are followed and following requirements of the Atlantic City Fire Prevention office has been met:
(a) 
A Type 1 firesafety permit (open burning/cooking) shall be applied for if the mobile vehicle has a propane (liquid or gas) or natural gas system, fire suppression, hood, and/or generator.
(b) 
No more than two one-hundred-pound tanks are allowed (200 pounds aggregate).
(c) 
Generator and LPG storage compartments located on the exterior of the vehicle must be enclosed. These compartments must have venting to the exterior and must not allow any venting to the interior of the vehicle. There shall be no storage or use of LPG cylinder or tanks within the vehicle at any time.
(d) 
If a LPG storage compartment is added on the rear of the truck, the bumper shall extend beyond the compartment to provide added impact protection.
(e) 
Belly tanks shall be installed according to DOT standards and located within the truck body frame for additional structural protection.
(f) 
Cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pavillions, tents, or any form of roofed enclosure, shall comply with NFPA 96 and this code (96:4.1.9).
(g) 
A commercial kitchen hood and suppression system is required for any cooking equipment that produces grease-laden vapors and that might be a source of ignition of grease in the hood, grease removal device, or duct (grill, stove or fryolator) (NFPA 96:10.12 and 96:4.1.1).
(h) 
Fire-extinguishing equipment shall include both automatic fire-extinguishing systems as primary protection and portable fire extinguishers as secondary backup (NPFA 96:10.2.1).
(i) 
A Class K extinguisher of sufficient size and a 20 BC extinguisher shall be installed.
(j) 
When a grill, stove and fryolator are adjacent to each other, there shall be an eight-inch noncombustible splash shield between them as required by NFPA 96 or a sixteen-inch space must be provided.
(k) 
Hood and exhaust systems shall be inspected in conformance with the requirements of N.J.A.C. 5:70-3,904.11.6 and NFPA 96.
(l) 
Upon inspection, if the exhaust system is found to be contaminated with deposits from grease-laden vapors, the contaminated portions of the exhaust system shall be cleaned by a properly trained, qualified, and certified company or person(s) acceptable to the AHJ (NFPA 96:11.6.1).
(m) 
Fusible links on fire dampers assemblies shall be replaced at least semiannually or more frequently as necessary. (NFPA 96:11.3.2.1).
(n) 
All piping, interior gas appliances and commercial kitchen hood suppression systems must be professionally installed and permitted. A flex pipe is allowed from the LPG tank top the regulator. The regulator to the appliance must be hard piped by a licensed plumber.
(o) 
Operating controls. Deep-fat fryers shall be equipped with a separate high-limit control in addition to the adjustable operating control (thermostat) to shut off fuel or energy when the fat temperature reaches 475° F. (425° C.) at one inch (25.4 millimeters) below the surface (NFPA 96:12.2).
(p) 
During festivals or special events, trucks shall maintain a minimum spacing no closer than 10 feet from the front and rear bumpers of other trucks.

§ 128-11 Local non-life-hazard use inspection fees.

[Added 7-7-1999 by Ord. No. 32-1999; amended 3-2-2016 by Ord. No. 6-2016]
A. 
Residential use group. Residential use group includes buildings and dwelling units not listed as life-hazard uses by the New Jersey Uniform Fire Safety Act (N.J.A.C. 5:70-2.3).
Residential Uses
Unit Size
Fee
1 to 3 units
$50
4 to 10 units
$100
11 to 20 units
$150
21 to 40 units
$200
Each additional 20 units or less
$50
B. 
Commercial and industrial use group. Commercial and industrial use groups include all buildings not listed as life-hazard uses by the New Jersey Uniform Fire Safety Act (N.J.A.C. 5:70-2.3).
Commercial and Industrial Uses
Building Type
Fee
Buildings with or without attached dwelling unit not in excess of 1,000 square feet
$50
Building with or without attached dwelling unit in excess of 1,000 square feet not exceeding 3,000 square feet
$75
Buildings in excess of 3,000 square feet not exceeding 9,000 square feet
$125
Buildings in excess of 9,000 square feet not exceeding 15,000 square feet
$200
Buildings in excess of 15,000 square feet not exceeding 50,000 square feet
$250
Buildings in excess of 50,000 square feet not exceeding 100,000 square feet
$300
Buildings in excess of 100,000 square feet not exceeding 200,000 square feet
$500
Buildings in excess of 200,000 square feet not exceeding 300,000 square feet
$750
Additional 50,000 square feet or less parts thereof
$275
NOTE: Each floor level shall be calculated as a separate area for total building calculation.

§ 128-12 Municipal reimbursement for fire personnel.

[Added 3-23-2005 by Ord. No. 24-2005]
Whenever City fire personnel are requested to be detailed to nonmunicipal events by the producer of the event or required to be present at venues as a condition of a permit issued thereto, or when required inspections are requested to be conducted at other than normal business hours, then the owner of the venue requiring or requesting the presence shall be responsible to reimburse the City for the cost incurred in detailing said personnel. Payments for Fire Department personnel shall be made to the City as follows:
A. 
An individual or entity issued a permit for pyrotechnic displays, open fires, vehicle fueling or hazardous material storage or transport that is conditioned upon the presence of fire personnel, or an individual or entity requesting fire personnel to be detailed to a location, or an inspection to be scheduled at other than normal business hours shall be billed for the fire personnel assigned at a rate of 1 1/2 times the pay scale of the employee detailed plus 20% to compensate for fringe benefits and administrative fees. There shall be a minimum of four hours billed for any assignment with additional hours billed for those worked in excess of four;
B. 
The individual employee(s) to be assigned shall be in the discretion of the Fire Official;
C. 
Payments to the City are due within 10 days of receipt of the invoice for same.