[HISTORY: Adopted by the Township Council of the Township
of Washington 7-21-2014 by Ord.
No. 14-07 (Ch. 111 of the 1985 Code). Amendments
noted where applicable.]
There is hereby adopted by the Township of Washington for the
purposes of establishing uniform regulations for firesafety a code
known as the "New Jersey Uniform Fire Code," not less than three copies
of which have been and are now on file in the office of the Clerk
of the Township of Washington, and the same are hereby adopted and
incorporated as fully as if set out at length herein. From the date
on which the code shall take effect, the provisions thereof shall
be controlling within the limits of the Township of Washington.
A.
Local enforcement. Pursuant to N.J.S.A. 52:27D-192 et seq. (the New
Jersey Uniform Fire Safety Act), the New Jersey Uniform Fire Code
shall be locally enforced in the Township of Washington.
B.
Enforcing agency designated. The local enforcing agency shall be
the Bureau of Fire Prevention which is here created in the Township
of Washington Fire Department. The Bureau of Fire Prevention shall
herein be known as the "local enforcing agency."
C.
Duties.
(1)
The Township of Washington Fire Prevention Bureau shall enforce the
New Jersey Uniform Fire Safety Act and the codes and regulations adopted
under it in all buildings, structures and premises within the geographical
boundaries of the Township of Washington, other than owner-occupied
one- and two-family dwellings (unless so invited by the owner) used
exclusively for dwelling purposes and premises owned or operated by
the federal government, interstate agencies or the State of New Jersey.
(2)
The local enforcing agency shall faithfully comply with the requirements
of the New Jersey Uniform Fire Safety Act and the New Jersey Uniform
Fire Code.
E.
Appointments; qualifications, term of office; removal.
(1)
The Fire Official and the inspectors shall be certified by the State
of New Jersey. The Fire Official shall be appointed by the Mayor and
Council upon recommendation of the Fire Chief and Director of the
Fire Department.
(2)
Inspectors and employees. Such inspectors and employees as may be
necessary in the local enforcing agency shall be appointed by the
Mayor and Council upon recommendation of the Fire Official, Chief
and/or Director of the Fire Department.
(3)
Appointment of legal counsel. To ensure that there will be no conflict,
an independent counsel shall be appointed to assist the Bureau of
Fire Prevention in enforcing the New Jersey Uniform Fire Code, should
the need arise.
(4)
Term of office. The Fire Official shall serve for a term of three
years, commencing January 1, and ending December 31 of the third year.
If needed, any vacancy shall be filled for the unexpired term(s).
(5)
Removal from office. The Mayor and Council may remove the Fire Official
and any inspectors and other employees for inefficiency, misconduct
or other just cause. The Fire Official and/or each inspector or employee
so removed shall be afforded an opportunity to be heard by the appointing
authority.
A.
The local enforcing agency established shall carry out the periodic
inspections of life hazard uses required by the New Jersey Uniform
Fire Code on behalf of the Commissioner of the New Jersey Department
of Community Affairs. Annually, local registrations are required to
be filed to update necessary data for local enforcing agency use.
Failure to return the registration and pay the fee, within the prescribed
time period, is a violation, and a penalty will be assessed.
B.
The Bureau of Fire Prevention shall conduct inspections and issue
certificates of smoke, carbon monoxide detection and fire extinguisher
compliance as required by N.J.A.C. 5:70-2.3, in connection with any
sale, lease or other change of occupancy of the premises which requires,
by law, the owner obtains such certificate. See fee schedule for this
compliance certification. Revenue generated from these inspections
will be credited to the Fire Prevention Revenue Account.
Additional required inspections and fees:
A.
Inspections. In addition to the inspections required pursuant to
the Uniform Fire Safety Act and the regulations adopted thereunder,
all buildings, structures and uses within the Township of Washington,
except for owner-occupied one- and two-family dwelling units, shall
be inspected for compliance with the New Jersey Uniform Fire Code
annually.
B.
Fees.
(1)
Fee for inspections and annual registrations are hereby established
and shall cover the operating costs of the Fire Prevention Bureau
and shall be paid on an annual basis by schedule established and announced
by the Fire Prevention Bureau by January 31 of each year. Amounts
of the fee thereof shall be as set and adopted herein, as required,
by resolution of the Mayor and Council. Failure to pay the fee and
return the updated registration, within the prescribed time period,
is a violation, and a penalty will be assessed for each violation.
(2)
Permit fees established pursuant to, and in the amounts of, the Uniform
Fire Code [N.J.A.C. 5:70-2.9(c)] shall be adopted by resolution of
the Mayor and Council. All revenue generated from the following schedule
will be credited to the Fire Prevention Revenue Account.
(3)
The application fee for certification of smoke detector compliance
(CSDC) and carbon monoxide detector compliance (SMDC) and fire extinguishers
shall be as set and adopted herein, as required, by resolution of
the Mayor and Council. All revenue generated from the following schedule
will be credited to the Fire Prevention Revenue Account.
(4)
The Fire Prevention Fee Schedule, including non-life-hazard registration fees, residential dwelling registration fees, and smoke, carbon monoxide and fire extinguisher compliance fees, are included in Chapter 212, Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Nonprofit corporations.
(1)
All nonprofit corporations, including churches, schools, fraternal
organizations and other corporations, which are classified as nonprofit
corporations under Title 15A of the New Jersey Nonprofit Act, shall
not be required to pay any of the local inspection fees, but are required
to pay annual permit fees, set forth above, for various functions
which are not a part of their use.
(2)
This exemption shall also apply to all buildings owned by the Township
of Washington. This exemption shall only extend to inspection fees,
and the activities of the nonprofit corporations shall not be exempt
from any other aspect of the New Jersey Fire Code, including registration,
compliance and various related penalties which may be assessed for
various violations.
Pursuant to Sections 15 and 17 of the New Jersey Uniform Fire
Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), 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 Bergen.
A.
Smoke detectors shall be required in all residential buildings and
all buildings of mixed use where residential use is included. The
regulations for the maintenance of rooming houses and boardinghouses
(Rooming and Boarding House Act, N.J.A.C. 5:27 et seq.), hotels and
multiple dwellings (Hotel and Multiple Dwellings Act), Uniform Fire
Code (N.J.A.C. 5:70 et seq.) and the National Fire Protection Association
(NFPA 72) concerning smoke detectors and smoke alarms are hereby incorporated
by reference to determine the type of equipment and placement requirements.
In circumstances where a need for detectors is not defined in the
preceding sentence, the determination of need and placement of detectors
shall be at the discretion of the Fire Official.
B.
Carbon monoxide detectors shall be required, installed and maintained
in accordance with the requirements of the Township and related state
law. Compliance with the carbon monoxide detector requirements shall
be done in a similar manner as the smoke detector requirements.
C.
Fire extinguishers shall be required in all one- or two-family homes.
The fire extinguishers shall be of the ABC rated chemical fire extinguisher,
not less than 2 1/2 pounds nor more than 10 pounds. The fire
extinguishers must have been inspected within the past 12 months with
an inspection tag attached (exception: newly purchased extinguishers).
The fire extinguisher must be wall mounted within 10 feet of the kitchen,
not behind a door.
D.
Prior to any change of occupancy as set forth in of this chapter, the owner or authorized agent of the owner of the residential premises shall apply for a certificate of smoke detector compliance to the Fire Official on a form provided by the Fire Official. The application shall be accompanied by a fee (See § 233-4B above.), to cover the cost of administration of the smoke detector compliance requirements of N.J.S.A. 52:27D-198.2 et seq.
A.
FIRE LANE/ZONE
FIRE OFFICIAL
As used in this section, the following terms shall have the meanings
indicated:
An area designed by the Fire Official and properly posted
and marked in accordance with this section. The terms "fire zone"
and "fire lane" shall be interchangeable.
The Township of Washington Fire Official or his or her designated
representative; as defined in N.J.A.C. 5:70, the New Jersey State
Uniform Fire Code.
B.
Fire zones on public property shall be designated and/or approved
by the Fire Official.
C.
Fire lanes/zones on private property.
(1)
Designation. The Fire Official may designate, and the Fire Chief
and Police Chief may recommend to the Fire Official, fire lanes on
private 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 any emergency.
(2)
Fire zones may also be designated during the planning/zoning site
plan approval process and forwarded to the Fire Official for review.
(3)
Notification. Whenever a determination has been made for the fire
lane designation, pursuant to this chapter, the Fire Official shall
notify the owner of the property, in writing by mail or by hand delivering
such notice, specifically describing the area designated and the reason
for making the designation.
D.
The marking of fire zones shall be the responsibility of and at the
expense of the owner and shall be accomplished within 30 days of receipt
of the notification. Suitable signs and/or markings bearing the words
"No Parking or Standing - Fire Zone" shall be posted and marked and
striped in accordance with standards established by the Fire Prevention
Bureau and shall be properly maintained on said lands by the owner,
occupant, lessee or licensee thereof where this section is effective
and as approved by the Fire Official. Defacing, tampering with or
damaging such signs or allowing them to deteriorate so as to reduce
their effectiveness to notify when posted shall constitute a violation
of this section and the New Jersey Uniform Fire Code.
E.
A current, detailed listing of the designated fire zones and fire
lanes within the boundaries of this Township of Washington shall be
kept on file with the Township of Washington Fire Prevention Bureau.
F.
Removal of obstructions. A police officer shall remove or have removed
such obstructions or vehicles as may violate this section at the expense
of the owner of the premises, and, in the case of vehicle obstructions,
may issue a summons to the owner of the vehicle.
G.
All fire zones located within the Township of Washington shall be
striped, and/or have signs posted, at the discretion of the Fire Official,
in the following manner:
(1)
Signs.
(a)
All signs shall be 12 inches wide by 18 inches high in size.
(b)
Light-reflective material shall be used for the sign background
and lettering.
(c)
All signs, whether wall- or post-mounted, shall be placed not
more than 100 feet center to center. Whenever the fire zone changes
angle or directions more than 60°, a sign shall be visible from
another sign. Additional signs may be required at the discretion of
the Fire Prevention Bureau, the Fire Chief, the Municipal Fire Subcode
Official or the Township of Washington Police Department.
(d)
The sign shall be placed at a height of seven feet as measured
from the ground surface to the bottom of the sign at a forty-five-degree
angle facing the direction of flow. If the traffic flow is bidirectional,
then the sign shall be placed parallel to the traffic flow.
(e)
The fire zone sign shall state: "NO PARKING OR STANDING —
FIRE ZONE."
(2)
Striping.
(a)
Paint for all fire zone striping and lettering shall be in yellow
paint.
(b)
Each individual stripe shall be four inches in width.
(c)
All fire zones shall be striped to a width of four feet, or
as otherwise designated by the Fire Official.
(d)
All fire lanes shall be striped to a width of 12 feet, or as
otherwise designated by the Fire Official.
(e)
The legend "NO PARKING — FIRE ZONE" shall be placed within
the striped outer boundary lines of the zone at a minimum of one-hundred-foot
intervals.
(f)
The lettering of the legend shall be 1.8 inches in height and
shall be placed within the center of the fire zone.
(g)
Paint for all parking space and loading zone delineations shall
be in white paint.
(h)
Paint for all handicapped parking space delineations, including
the universal handicapped logo, shall be in blue paint, said logo
to be a minimum of two feet in height and as specified by State Regulations.
(i)
The color yellow shall be reserved solely for the purpose of
marking fire zones/lanes. Striping, space marking and/or curb marking
for purposes other than fire zones/lanes shall not be the color yellow.
See the following schematic for further information.
|
Proper Identification of Fire Lanes and Fire Zones within
the Township
|
A.
Any person who violates this section shall, upon conviction in Municipal
Court, be punished by a fine of not less than $100. Each violation
shall constitute a separate offense.
B.
An owner who fails to comply with the regulations specified in this
section shall result in a penalty of up to $500. Penalties shall be
assessed by the Fire Official in accordance with N.J.A.C. 5:70-2 et
seq. (the New Jersey State Uniform Fire Code).
C.
Any person or persons who violates any provision of this chapter
or of the New Jersey State Uniform Fire Safety Act, shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment
for a term not exceeding 30 days, or both.
Pursuant to N.J.A.C. 5:70-2 et seq., violation of the Fire Prevention
Ordinance is punishable by monetary penalties of not more than $5,000
per day, per violation. Penalties must be paid in full within 30 days
of receipt of an order to pay penalty and abate violations. If not
paid within 30 days of receipt of the notice, the Bureau will proceed
to collect the penalty in a civil action by summary hearing under
the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]) in the appropriate municipal, county or state Superior
Court. All penalties assessed for violation of this chapter shall
be considered dedicated penalties as per the New Jersey State Uniform
Fire Safety Act and as such shall be paid into the Fire Department
and Fire Prevention Penalty Accounts respectively.
[1]
Editor's Note: New Jersey Statutes Annotated 2A:58-1
to 2A:58-9 were repealed by L. 1999, c. 274, § 4; see now
N.J.S.A. 2A:58-10 et seq.
A.
Purpose. The purpose of this section is to ensure that Fire Department
personnel gain immediate and reliable access to structures within
the Township in order to facilitate proper lifesaving and other firefighting
purposes, where access to structures is unduly difficult because of
secured openings or other hazards.
B.
Key box required.
(1)
Where access to or within a structure or an area is unduly difficult
because of secured opening, or where immediate access is necessary
for firefighting or lifesaving purposes, the Fire Official or the
Fire Chief may require a key box to be installed in an accessible
location.
(2)
The key box shall be UL listed and a type approved by the Fire Official
or Fire Chief so that all key access of this type within the Township
of Washington may be accomplished with one system.
(3)
The key box shall contain keys and other necessary devices to gain
all necessary access to the facility and large enough to hold all
of the necessary keys as required by the Fire Chief.
(4)
Upon building key lock changes or tenant changes, the owner of the
building must notify the Fire Chief (within 48 hours) to gain access
to the box in order to update the box contents.
C.
Installation. Installation of the key box shall be in accordance
with specifications maintained and approved by the Fire Official or
Fire Chief as required. The Fire Official and Fire Chief shall have
the authority to implement a uniform system throughout the Township
so that access to the designated key boxes may be accomplished by
the utilization of one uniform key system. All costs for this box
and its installation and maintenance shall be at the building owner's
expense. Applications will be provided by the Fire Chief or the Fire
Prevention Bureau. The form shall be filled out and returned to the
Fire Prevention Bureau, along with the appropriate check for the cost
of the key box, for processing.
D.
Firefighting methods. The installation of a rapid access key box
shall not preclude any fire department, fire company, or firefighter
from using traditional firefighting methods to gain access to the
building. The failure of any fire department, fire company, or firefighter
to use the rapid access key box shall not give rise to liability.
E.
Fire Department key holders. The box access key will be in the care
of the Chief and Assistant Chief of the Fire Department and one key
will be located on the first due apparatus. Only the Chief or Assistant
Chief may reassign these keys.
F.
Enforcement. The Fire Official and Fire Chief shall enforce the provisions
of this section.
A.
As used in this chapter, "false alarm" shall mean the transmission
either directly or indirectly to the Police Department of the Township
of Washington of any automatic fire alarm, smoke alarm, fire sprinkler
water flow alarm, or carbon monoxide alarm that was not caused by
a fire, smoke condition or such other condition that is beyond the
control of the owner.
B.
The Police Department or the Fire Department shall report all false
alarms, in writing, to the Fire Prevention Bureau who shall investigate
and determine the cause of the false alarm. The Fire Prevention Bureau
shall maintain a list of false alarms; said list shall identify the
locations of the false alarms and the number of false alarms at the
location during the calendar year.
C.
Penalties for false alarms. Penalties for false alarms transmitted
from a multifamily residential complex, business, commercial, eleemosynary,
and/or industrial premises shall be as follows:
|
Number of alarms within the calendar year and penalty:
| ||
|---|---|---|
|
Alarms
|
Penalty
| |
|
1
|
Warning
| |
|
2
|
Warning
| |
|
3
|
$200
| |
|
4
|
$300
| |
|
5
|
$500
| |
|
6
|
$1,000
| |
D.
Penalties for false alarms transmitted from a single-family detached
dwelling, individual townhouse and condominium unit dwelling shall
be as follows:
|
Alarms
|
Penalty
| |
|---|---|---|
|
1
|
Warning
| |
|
2
|
Warning
| |
|
3
|
$100
| |
|
4
|
$200
| |
|
5
|
$300
| |
|
6
|
$500
|
E.
Any person, firm, company, or corporation that causes to be transmitted
a false alarm as the result of installing, repairing, testing, tampering
with or performing any work to an automatic fire alarm, smoke alarm,
fire sprinkler water flow alarm or as a result of structural alterations,
remodeling or construction shall be subject to a penalty of not less
than $200 nor more than $1,000 for each transmission of a false alarm.
F.
All penalties assessed for violation of this chapter shall be considered
dedicated penalties and as such shall be paid into the Fire Department
and Fire Prevention Penalty Accounts respectively.
As a proactive measure, the Township of Washington wants to
protect its volunteer firefighters; as a result, the following will
apply to any and all solar-powered arrays installed within its borders
due directly to the fact that the arrays are constantly energized
with DC power, and there is no effective or practical means to deactivate
them.
A.
There shall be a three-foot setback around any and all arrays to
allow firefighters access to these areas.
B.
A plaque shall be posted on any and all structures which have solar
arrays installed.
C.
The plaque shall be the same size as the truss roof structure triangle,
except it will be green in color with an "S" within a circle in the
center, and shall be posted to the left of the front entrance to the
structure.
D.
The Fire Official and/or the Construction Official shall enforce
this section.
No fire alarm or fire sprinkler system shall remain out of service
for any period of time without notification of the Fire Prevention
Fire Official or Fire Department's Office. The Fire Official
and/or the Fire Chief shall determine whether a fire watch is deemed
necessary. In no case shall a required and/or installed fire alarm
or fire sprinkler system be rendered inoperable in an attempt to eliminate
preventable alarms without the written consent of the Fire Official.
In the event of consent to temporarily terminate an alarm system,
provisions for a constantly attending fire watch shall be posted in
the building or premises in which the system is located. Any alarm
found to be out of service without the written consent of the Fire
Official shall be subject to penalties described in the New Jersey
Uniform Fire Code.
A.
"Fire watch" defined. A "fire watch" is a physical inspection conducted
when a building's fire alarm or sprinkler system is temporarily
out of service. Posting of a fire watch is the responsibility of the
building owner or its designated representative, which may include
tenants or construction superintendents. Fire watch personnel are
required to continually patrol the facility for evidence of smoke,
fire, or any abnormal conditions that may arise. Whenever a life-threatening
situation is discovered, the fire watch personnel must immediately
contact emergency personnel, and then alert the occupants in the orderly
evacuation of the facility.
B.
Fire watch personnel. Competent, responsible, and able-bodied individuals shall be selected to conduct fire watches, as approved by the Fire Official. Typically, hired security guards, or maintenance personnel and managers who are familiar with the building make excellent choices. Fire watch personnel's sole duty is to perform a fire watch and not to perform any other duties. In the absence of a representative of the facility to perform a fire watch, a representative of the Township of Washington Volunteer Fire Department or a state- or federal-certified firefighter, as approved by the Fire Official, shall be provided to perform a fire watch at the cost listed in Subsection G, Fire watch fees established, in this section. Fire watch shall continue to be conducted by a Fire Department representative until a representative of the facility assumes the responsibility, as approved by the Fire Official. Where special circumstances exist, such as the presence of exceptional hazards or large areas, additional fire watch personnel may be required by the Fire Official.
C.
Fire watch log. A separate log identifying each building area, under
the fire watch by name and address shall be kept. Log entries shall
be made hourly at the completion of each round. Log entries shall
consist of the date and time the round began and completed along with
a summary of what was observed, and the name and signature of the
individual conducting the fire watch. The fire watch log shall be
kept readily accessible for review by the Fire Official.
D.
Duties for fire watch personnel. Individuals who are selected for
fire watch details shall be briefed so as to have a thorough understanding
of the purpose and responsibilities of their assignment. Procedures
and instruction shall also have a basic understanding or the location,
function and normal status of the fire alarm and sprinkler systems,
including fire pumps. The specific route shall be laid out so that
the fire watch person is required to pass through the entire area
to be covered.
E.
Emergency communications. The individual conducting the fire watch
shall be equipped with a cell phone for prompt notification of emergency
forces (via 911) in the case of an emergency. Alternate methods of
communication (radios to security/command centers with the means to
immediately dial 911) may be approved by the Township Fire Chief,
upon request.
F.
Written notification. Written notification of the intention to post
a fire watch when planned, or the actual posting of a fire watch necessitated
by an unplanned event, shall be forwarded to the Fire Chief having
jurisdiction as well as the Fire Official. This correspondence shall
be put on the official letterhead of the business, general contractor,
or subcontractor assuming the responsibility for the detail. The letter
shall specify the business name and address, the buildings or portions
thereof affected, the purpose of the fire watch (i.e., fire alarm,
sprinkler, or other suppression systems out of service), the dates
and times these systems will be nonfunctional and the fire watch will
be in effect, the qualifications of the individual(s) selected, and
the specific type of communication device(s) they will have immediately
available.
G.
Fire watch fees established. When a representative of the Township
of Washington Volunteer Fire Department or a state- or federal-certified
firefighter is used for the fire watch, the following fee schedule
shall be enforced, and the owner of the structure shall pay directly
to the individual(s) conducting the fire watch:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
