[Adopted 12-18-2003 by Ord. No. 03-142[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Uniform Fire Safety Code, adopted 9-7-1967 as § 13-1
of the Revised General Ordinances.
A.
An article providing for local enforcement of the
New Jersey Uniform Fire Code.
B.
Whereas, the Uniform Fire Safety Act, (P.L. 1983,
c. 383) was enacted for the purpose of establishing a system for the
enforcement of minimum fire safety standards throughout the State
of New Jersey; and whereas, the New Jersey Department of Community
Affairs has promulgated minimum fire safety standards, which have
been made part of the Uniform Fire Code (N.J.A.C. 5:70.1 et seq.).
C.
Whereas, the Uniform Fire Safety Act authorizes municipalities
to provide for local enforcement of these standards and to establish
local enforcement agencies for that purpose; and whereas, it is in
the best interest of the City of Trenton to have the Uniform Fire
Code enforced locally; and whereas, the local fire service has agreed
to the plan, which is set forth herein, for the administration and
enforcement of the Uniform Fire Code.
D.
Now, therefore, be it ordained by the governing body
of the City of Trenton in the County of Mercer and the State of New
Jersey, as follows:
Pursuant to Section 52:27D-202 of the Uniform
Fire Safety Act (P.L. 1983 c. 383), the New Jersey Uniform Fire Code
(N.J.A.C. 5:70-1 et seq.) shall be locally enforced in the City of
Trenton.
[Amended 9-18-2008 by Ord. No. 08-48; 3-19-2009 by Ord. No.
09-10]
The local enforcing agency shall be the Department
of Inspections.
A.
Chain of command. The Bureau of Fire Prevention established by § 97-3 of this article shall be under the direct supervision and control of the Fire Official, who shall report to the Director of the Department of Inspections.
[Amended 9-18-2008 by Ord. No. 08-48; 3-19-2009 by Ord. No.
09-10]
B.
The Bureau of Fire Prevention shall have at least
one paid inspector.
C.
Appointments, qualifications, removal.
(1)
Appointments and qualifications of the Fire Official.
The Fire Official shall be certified by the state and appointed by
the governing body upon recommendation by the Director of the Department
of Inspections, pursuant to Title 11, Civil Service.
[Amended 3-19-2009 by Ord. No. 09-10]
(2)
Appointments and qualifications of inspectors and
other employees. Inspectors and other employees shall be appointed
by the governing body upon recommendation of the Fire Official. All
life-hazard use inspectors shall be certified by the state.
(3)
Removal from office. The Fire Official, inspectors
and other employees of the agency shall be subject to removal by the
governing body for just cause. Before removal from office, all persons
shall be afforded an opportunity to be heard by the governing body
or a hearing officer designated by the same.
A.
The local enforcing agency shall enforce the Uniform
Fire Code in all buildings, structures and premises within the established
borders of the City of Trenton other than the one- and two-unit owner-occupied
dwellings used exclusively for dwelling purposes and buildings, structures
and premises owned and operated by the federal government, interstate
agencies or the state.
B.
The local enforcing agency shall faithfully comply
with all the pertinent requirements of the Uniform Fire Safety Act
and the Uniform Fire Code.
A.
Life-hazard uses. The Department of Inspections shall
carry out periodic inspections of life-hazard uses required by the
Uniform Fire Safety Code in the City of Trenton.
[Amended 9-18-2008 by Ord. No. 08-48; 3-19-2009 by Ord. No.
09-10]
B.
Non-life-hazard uses.
(1)
In addition to the registrations required by the Uniform
Fire Code, the following non-life-hazard uses shall register with
the Bureau of Fire Prevention. These uses shall be inspected once
per year and pay an annual fee.
(a)
Assembly.
[1]
A-1, Eating establishment under 50 (No alcoholic
beverages consumed): $45.
[2]
A-2, Take-out food service (no seating): $45.
[3]
A-3, Church or synagogue: $45.
[4]
A-4, Recreation centers, multipurpose rooms,
etc., fewer than 50: $70.
[5]
A-5, Courtrooms, libraries, fraternal organizations,
condominium centers fewer than 100: $70.
[6]
"A" exception: Eating establishments where alcohol
beverages are consumed are life-hazard uses.
(b)
Business/Professional.
[1]
B-1, Professional use, one- to three-story,
less than 5,000 square feet per floor: $45.
[2]
B-2, one- to three-story, more than 5,000 square
feet, less than 10,000 square feet per floor: $70.
[3]
B-3, one- to three-story, more than 10,000 square
feet: $95.
[4]
B-4, four- to six-story, less than 5,000 square
feet per floor: $120.
[5]
B-5, four- to six-story, more than 5,000 square
feet less than 10,000 square feet per floor: $170.
[6]
B-6, four- to six-story over 10,000, square
feet per floor: $220.
[7]
"B" exception: Business/Professional seven or
more stories are life-hazard uses.
(c)
Retail (mercantile).
[1]
M-1, one- and two-story, less than 5,000 square
feet per floor: $145.
[2]
M-2, one- and two-story, more than 5,000 square
feet, less than 12,000 square feet per floor: $170.
[3]
M-3, three- to five-story, less than 5,000 square
feet per floor: $195.
[4]
M-4, three- to five-story, more than 5,000 square
feet, less than 12,000 square feet: $220.
[5]
"M" exception: Hardware stores over 3,000 square
feet; retail stores over 12,000 square feet are life-hazard uses.
(d)
Manufacturing (factory).
[1]
F-1, one- and two-story, less than 5,000 square
feet per floor: $95.
[2]
F-2, one- and two-story, more than 5,000 square
feet, less than 12,000 square feet per floor: $120.
[3]
F-3, three- to five-story, less than 5,000 square
feet per floor: $170.
[4]
F-5, three- to five-story, more than 5,000 square
feet, less than 12,000 square feet: $220.
[5]
"F" exception: More than 12,000 square feet
are life-hazard uses.
(e)
Storage S-1 (moderate hazard S-1, low hazard S-2).
[1]
S-1, one- and two-story, less than 5,000 square
feet per floor: $70.
[2]
S-2, one- and two-story, more than 5,000 square
feet, less than 12,000 square feet per floor: $120.
[3]
S-3, three- to five-story, less than 5,000 square
feet per floor: $170.
[4]
S-4, three- to five-story, more than 5,000 square
feet, less than 12,000 square feet: $195.
[5]
"S" exception: More than 12,000 square feet
are life-hazard uses.
(f)
Uses not classified above that are subject to the
Uniform Fire Code will be classified as business uses.
(g)
Uses required to register with the state as life-hazard
uses shall not be required to register under this section.
(h)
In the discretion of the Fire Official, vacant buildings
will be charged and inspected according to the previous use of the
building.
(2)
Permits and certificate of fire code status.
Pursuant to 52:27D-206 to 208 of the Uniform
Fire Safety Act, 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 City.
Type 2 permits shall be required for all carnivals
and circuses, regardless of size or type of operation.
The Uniform Fire Safety Code, N.J.A.C. 5:70-3.1
and N.J.A.C. 5:70-3.2, shall be deemed to be modified by the adoption
of the following technical amendments:
A.
Salvage burning prohibited. The burning of insulation
from wire or motors for the purpose of salvage is prohibited. The
burning of any type of vehicle for salvage is prohibited.
B.
Dumpsters. Dumpsters shall not be located closer than
10 feet to a frame building, nor closer than 10 feet to a pierced
masonry wall.
C.
Fire debris removal. Fire debris shall be removed
from any public way, including sidewalks, streets, alleys and driveways,
within 20 days of the fire incident.
D.
Outside storage. The outside storage of combustible
or flammable materials shall not be more than 20 feet (6,096 mm) in
height and shall be compact and orderly. Such storage shall be located
so as not to constitute a hazard and not less than 15 feet (4,572
mm) from any other building on the site or from a lot line. Sufficient
driveways having a minimum width of 15 feet shall be provided for
use by Fire Department personnel and equipment. The overnight parking
of vehicles in the driveways which would obstruct Fire Department
access is prohibited.
E.
Erroneous signs. All signs, which erroneously identify
the use or occupancy of a building or structure, shall be ordered
removed by the Fire Official.
F.
Numbering of buildings. All buildings, other than
use group R-3 (one- and two-family dwellings), shall conspicuously
display their street address numbers with a minimum size figure of
six inches. The numbers must be clearly visible at all times from
the center of the street.
G.
Alarm company notification. Operators of central station
alarm systems and remote station alarm systems shall notify the Fire
Official when the name of the owner or occupant of a protected facility
is changed.
H.
System recharging. It is the responsibility of the
owner of a system and the agency called to service a system to notify
the Fire Official when a suppression system has been discharged. No
suppression system shall be recharged without an inspection by the
Fire Official.
I.
Extinguishers. All hand-operated portable fire-extinguishing
equipment shall be selected, distributed, inspected, maintained, tested
and recharged in accordance with NFPA 10, listed in Appendix A of
the New Jersey Uniform Fire Code. Exception: Fire extinguishers shall
be wall-mounted so the top of the unit is not more than 48 inches
above the finished floor.
J.
Extinguishers for other occupancies. The Fire Official
shall survey all other occupancies except dwelling units of multifamily
buildings and dwellings, and shall specify suitable manual fire-extinguishing
equipment to be installed.
K.
Discontinued fire appliances. Soda, acid, foam, loaded
stream, antifreeze and water portable fire extinguishers of the inverting
type or nonapproved vaporizing liquid extinguishers or devices of
any type shall not be recharged or placed in service for fire protection
use. Extinguishers of these types shall not be considered approved
devices for fire protection use under the provisions of this code
and shall immediately be removed from service.
L.
Fire escape restraining devices. All fire escapes
with a movable lower section, other than counterbalanced stairs, shall
be equipped with a quick-release device, which will allow the lower
section to be released immediately upon activation. Any rope, wire
or chain on an existing movable section of a fire escape intended
to be used to return the moveable section to the "ready" position
shall be removed.
M.
Prohibited door hardware. Draw bolts, slide bolts,
and barrel bolts, surface bolts, flush bolts, hooks, hasps and padlocks,
and key-operated deadbolts from the egress side are prohibited on
all egress doors. All such locking devices shall be removed and the
egress door hardware made to conform to approved egress hardware.
Exception: Draw bolts, hooks and key-operated deadbolts are permitted
on egress doors of dwelling units, provided the key cannot be removed
when the door is locked from the side from which egress is to be made.
N.
Door obstruction. Egress doors shall not be used for
the display of any advertising signs whatsoever. Egress doors shall
not be decorated in any way that would obscure or confuse the purpose
of the door. The posting of the words: "Entrance," "Exit," "In," "Out,"
"Push," "Pull" and the street address as well as business hours are
permitted on egress doors as long as they do not defeat the intent
of this section.
O.
Door identification. The Fire Official may require
the labeling or identification of any door that leads to a hazardous
area, such as boiler room, furnace room, mechanical room, electrical
equipment room, or flammable liquid storeroom. The Fire Official may
also require other doors to be labeled or identified such as main
electrical service, alarm panel room, gas meter or store room. Sidewalk
doors to a below-grade space which does not have steps shall be labeled
with the words "shaftway" in a minimum of four-inch letters.
P.
Combustible fuels. Combustible fuels, such as kerosene
and diesel oil, shall not be dispensed from dispensing units located
in the same island location as flammable fuel dispensing units. Combustible
fuel dispensing units shall be a distinctively different color than
flammable fuel-dispensing units and shall be clearly labeled with
the name of the fuel dispensed.
Q.
Tank vehicle placarding. All tank vehicles shall be
placarded in accordance with federal regulations.
R.
Tank vehicle inspections. The Fire Official shall
periodically inspect all tank vehicles which deliver flammable or
combustible liquids within the City of Trenton. This inspection shall
be made only when the vehicle is parked, making a delivery or by special
arrangement with the owner of the vehicle.
S.
Abandonment of tanks. Permit. A Type 1 permit shall
be obtained from the Bureau of Fire Prevention to remove, abandon
or place temporarily out of service each aboveground or underground
flammable or combustible liquid storage tank.
(1)
Tanks "temporarily out of service" shall have the
fill line, gauge opening and pump connection secured against tampering.
Vent lines shall remain open and maintained per NFPA 30. "Temporarily
out of service" shall mean for a period not to exceed 90 days.
(2)
Any tank which has been abandoned or has been out
of service for over 90 days shall be removed from the property in
a manner approved by the Fire Official and the site restored in an
approved manner. Removal of a tank shall include all such suction,
inlet, gauge and vent lines.
No individual, association or business entity
shall allow, permit or suffer the deposit of fire debris damage upon
any portion of the property visible from the public roadway or sidewalk
of any premises within the City for a period in excess of 48 hours
from the final suppression of the fire, as determined by the Chief
of the Fire Division or his/her designee. It shall be the responsibility
of the owner, occupant or other person charged with the custody and
maintenance of the premises to arrange for the proper removal and
disposal of all such litter, garbage, trash and debris, except such
portions thereof as shall be determined by the Chief of the Fire Division,
or his/her designee, to be left undisturbed for reasons of examination,
investigation or identification.
The use of kerosene heaters or portable heating
equipment employing flame and the use of solid liquid or gaseous fuels
is prohibited.
The following sections of the BOCA Fire Prevention
Code, which were modified by the technical amendment of Ordinance
No. 85-113, are hereby repealed: F-305.4, F-409.1 and F-409.67.
