City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 9-11-1972 by Ord. No. 34-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Citizens Advisory Council; Fire Department — See Ch. 14A, Art. IV.
Alarm systems — See Ch. 97.
Buildings unfit for human habitation — See Ch. 113.
Uniform Construction Codes — See Ch. 125.
Housing standards and property maintenance — See Ch. 159.

§ 146-1 Local enforcement of Uniform Fire Code.

[Added 7-15-1985 by Ord. No. 17-1985[1]]
A. 
Local enforcement. Pursuant to N.J.S.A. 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 East Orange.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Agency designation. The local enforcing agency shall be the Bureau of Fire Prevention in the Department of Fire of the City of East Orange.
C. 
Duties. The Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act[3] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the City of East Orange other than owner-occupied one- and two-family dwellings and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
[3]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
D. 
Life-hazard uses. The Bureau of Fire Prevention shall carry out the periodic inspections of life-hazard uses as required by the New Jersey Uniform Fire Code on behalf of the Commissioner of Community Affairs.
E. 
Organization. The Bureau of Fire Prevention shall be part of the Department of Fire and shall be under the direct supervision and control of the Deputy Chief/Fire Prevention Officer, who shall be responsible to the Chief of the Department.
F. 
Appointments; term of office; removal.
(1) 
Appointment of Fire Official. The Fire Official shall be appointed pursuant to the New Jersey State Uniform Construction Code Act (P.L. 1975, c. 217).[4]
[Amended 3-27-2000 by Ord. No. 6-2000]
[4]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(2) 
Term of office. The Fire Official shall serve a term of office pursuant to Title 11A, Civil Service, N.J.S.A. 11A:1-1 et seq.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Inspectors and employees. Such inspectors and employees as may be necessary in the local enforcing agency shall be appointed by the Board of Fire Commissioners pursuant to law, upon the recommendation of the Chief of the Fire Department and the Fire Official.
(4) 
Removal from office. Inspectors and other employees of the local enforcing agency shall be subject to removal for inefficiency or misconduct, pursuant to law, by the Board of Fire Commissioners with advice of the Chief of Department and the Fire Official.
G. 
Board of Appeals. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the City of East Orange.
H. 
Additional required inspections and fees.
[Amended 7-20-1987 by Ord. No. 20-1987; 4-10-2000 by Ord. No. 8-2000; 6-20-2011 by Ord. No. 14-2011; 11-28-2011 by Ord. No. 34-2011]
(1) 
In addition to the inspection and fees required pursuant to the Act, the regulations of the Department of Community Affairs and the registrations required by the Uniform Fire Code, all owners, grantees, lessees, assignees and successors in interest (hereinafter collectively referred to as "users") of buildings, structures and/or facilities which have non-life-hazard uses must register with the Fire Prevention Bureau. The Fire Prevention Bureau shall make annual inspections of non-life-hazard uses. The annual inspection fees shall be as follows:
Use Group
Annual Fee
Business
B-1, under 2,500 square feet
$40
B-2, 2,500 to 4,999 square feet
$50
B-3, 5,000 to 9,999 square feet
$75
B-4, 10,000 and over square feet
$125
Factory
F-1, under 5,000 square feet
$100
F-2, 5,000 to 11,999 square feet
$125
Mercantile
M-1, under 6,000 square feet
$50
M-2, 6,000 to 11,999 square feet
$75
Storage
S-1, under 2,500 square feet
$50
S-2, 2,500 to 11,999 square feet
$75
Residential
R-A, non-owner-occupied 1 and 2 units
$50*
R-B, 3 to 6 units
$50
R-C, 7 to 12 units
$75
R-D, 13 to 20 units
$200
R-E, over 20 units
$375
Utilities
U-1, under 2,500 square feet
$50
U-2, 2,500 and over square feet
$75
Reinspection fees
First reinspection
Free
Second reinspection
Equal to original fee
Third and subsequent reinspections
Equal to original fee
NOTES:
*
R-A shall be inspected and charged a fee only upon sale or change of tenant.
(2) 
Uses not classified above that are subject to the Uniform Fire Code will be classified as a business use.
(3) 
Users required to register with the state for life-hazard uses shall not be required to register under this section.
I. 
Permits. The permit fees established by the Uniform Fire Code [N.J.A.C. 5:70-2.9(c) et seq.] shall be as follows:
[Amended 6-20-2011 by Ord. No. 14-2011; 10-9-2012 by Ord. No. 26-2012]
Permit
Fee
Type 1, Cooking, welding
The use of any open-flame or flame-producing device in connection with the training of non-fire-service personnel in fire suppression or extinguishment procedures; bonfires; the use of torch or flame-producing device to remove paint from, or seal membrane roofs on, any building or structure; cooking; welding.
$100
Type 2, Flammable liquids
Use and application of flammable liquids or materials; fumigation or thermal insecticide fogging; displaying liquid- or gas-fuel powered equipment.
$200
Type 3, Ovens, furnaces
Industrial processing ovens or furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which contain flammable vapors from the product being processed.
$350
[1]
Editor's Note: This ordinance also repealed former § 146-1, Adoption of standards by reference, as amended.

§ 146-2 Amendments and supplements.

[Amended 11-10-1980 by Ord. No. 15-1980]
Said fire prevention standards are hereby amended and supplemented by adding the following Appendix thereto:
APPENDIX A
App. A:1. Fire Hazards Generally.
No person shall, upon any property of which he is the owner, occupant, lessee or of which he is in charge or for which he is responsible, cause or suffer the creation, maintenance or continuance of any condition whatever so constituted or located as to result in a fire hazard.
App. A:2. Authority of Fire Chief to Promulgate Regulations Relative to Fire Hazards.
The Chief of the Fire Department shall promulgate regulations from time to time, defining fire hazards and setting forth methods and procedures for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Such regulations shall be consistent with the standards set forth in this code. Such regulations, in writing, shall be approved by the Board of Fire Commissioners. A copy of same shall be filed with the Mayor, City Council, City Clerk, Health Officer, Public Officer and Director of Public Works at least 20 days before such regulations shall become effective. Such regulations shall have the same force and effect as the provisions of this chapter, and violations thereof shall be enforced as violations of the express provisions of this chapter.
App. A:3. Obstructing Fire Hydrants.
No person owning or occupying any premises in front of which a fire hydrant is located shall place or plant any hedge or other shrubbery so near any such hydrant as to interfere with ready access to the same for water supply.
App. A:3-1. No person shall place any material or thing or throw or deposit snow or ice on or against any hydrant or so near it as to interfere with ready access to the same for water supply.
App. A:4. Inspection of Buildings: Authority of Fire Chief.
It shall be the duty of the Chief of the Fire Department to inspect or to cause to be inspected by members of the Fire Department as often as he may deem necessary, but not less than twice a year, all public buildings as the same are defined in the Building Code of the City and all buildings used in whole or in part for business, industrial or commercial purposes and, as often as he may deem necessary, all other buildings and properties whatever to which lawful entry may be had, for the purpose of ascertaining, disclosing and causing to be corrected conditions likely to cause fire hazards and violations of any of the provisions of this code or other ordinances of the City or laws of the state having to do with the prevention of and protection against fire.
App. A:5. Inspection of Buildings: Notice to Owner or Occupant to Abate Fire Hazards.
Whenever any member of the Fire Department authorized to make inspections shall find in any building or upon any property or premises any fire hazard, the Chief of the Fire Department shall notify the owner, lessee, occupant or persons in charge to have the same removed or remedied within 48 hours.
App. A:6. Inspection of Buildings: Manner of Giving Notice to Abate.
Unless emergency conditions shall require immediate oral directions, such notices shall be in writing and served in the manner set forth in Chapter 159, Housing Standards; Property Maintenance, § 159-27. If thereafter within the space of one year there shall be a second violation by the same owner, operation or occupant of the provisions of this code discovered on the same premises, the offender may be prosecuted for the second violation without the Chief of the Fire Department giving notice to the owner, operator or occupant by the filing of a complaint by the Chief of the Fire Department in the Municipal Court.
App. A:7. Approval of Fire Prevention Measures.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978]
The owner, his architect, engineer or agent shall submit plans and specifications for any work required by these regulations to the Fire Protection Subcode Official for his approval before any work is commenced, and the work shall be inspected and approved by the Fire Protection Subcode Official.
App. A:8. Vertical shafts.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978]
All vertical shafts in all existing buildings, including but not limited to dumbwaiters, garbage chutes and incinerator chutes, but not including stair towers and elevator shafts, shall either:
a)
Be sprinklered at top of shaft and one floor above lowest level; or
b)
Have permanently sealed every opening into the shaft with masonry, including all doors, the top of the shaft and all openings in the basement.
App. A:9. Attic Space.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978]
In every existing building with a space between the top floor ceiling and the roof beams, this attic space shall be divided into areas not greater than 3,000 square feet by partitions with not less than a one-hour fire rating.
App. A:10. Smoke Detectors.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978; 3-28-1983 by Ord. No. 15-1983]
Every residential dwelling unit shall be provided with an operating automatic smoke-detecting equipment with an audible alarm approved by Underwriters' Laboratories or Factory Mutual System. The smoke-detecting equipment shall be located in accordance with the applicable section of NFPA No. 74, Standard for the Installation, Maintenance and Use of House Fire Warning Systems, and BOCA Basic Building Code, Section 1716.
App. A:11. Storage Rooms.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978]
All wood storage bins shall be removed in basement and cellar areas of multifamily dwellings. Where storage areas are deemed necessary, they shall be in one-hour fire-rated compartments equipped with self-closing, self-locking door, operated by a key under management control.
App. A:12. Building Security.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978]
In all buildings, except one- and two-family dwellings, every exterior doorway shall be self-closing and self-locking.
App. A:13. Portable Liquid Fuel Heaters, Stoves and Lamps.
[Added 2-28-1983 by Ord. No. 11-1983]
a)
It shall be unlawful to use any portable appliances using kerosene, gasoline, oil or other liquid fuels for heating, cooking or illumination in any commercial building or structure or in any building containing three or more residential dwelling units.
b)
It shall be unlawful to install, maintain and use any fixed kerosene, gasoline, oil or other liquid-fuel-burning stove or heater or appliance for cooking or heating purposes in any commercial building or structure or in any building containing three or more residential dwelling units.
App. A:14. Sprinkler Valve Supervision.
[Added 7-15-1985 by Ord. No. 17-1985]
All sprinkler valves shall have flow switches and tamper devices installed and shall be supervised electrically according to the BOCA Building Code in effect at the time of the inspection. The requirement of this section shall apply to existing as well as new buildings.
App. A:15. Elevator Key Boxes.
[Added 7-15-1985 by Ord. No. 17-1985]
All buildings that have elevators shall have a key box installed as approved by the Fire Official. The requirements of this section shall apply to new as well as existing buildings.

§ 146-3 Arson Investigation Unit.

[Added 1-23-1984 by Ord. No. 3-1984]
A. 
The Arson Investigation Unit shall be established and designated the "Arson Investigation Unit" within the Fire Prevention Bureau in the Fire Department of the City of East Orange.
[Amended 3-5-1984 by Ord. No. 8-1984]
B. 
Before any member is assigned to the Arson Investigation Unit, he shall have attended and successfully completed a basic training course for police officers at a school approved by the Police Training Commission and an arson investigation course approved by the Division of Criminal Justice. All members shall attend and successfully complete in-service training programs as required by the Division of Criminal Justice.
C. 
Any member who is assigned full-time to the Arson Investigation Unit shall have the same powers and authority of police officers within the municipality while engaged in the actual performance of arson investigation duties. Such members shall submit to a psychiatric/psychological screening test and, upon successful completion thereof, shall be authorized to carry a firearm while engaged in the actual performance of arson investigation duties.
D. 
Arson Unit investigators shall carry out their duties in accordance with rules, regulations and procedures as established by the Board of Fire Commissioners and any special requirements made by the Chief of Police, as may be required by law.

§ 146-4 Duties and responsibilities of superintendents of multiple-family dwelling units.

[Added 11-10-1986 by Ord. No. 46-1986]
Superintendents of all buildings with five or more units, where the owner is not an occupant, shall be required to perform inspections and to keep daily, monthly and yearly logs. No superintendent shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner is also responsible therefor and in violation thereof.
A. 
Daily inspection. Superintendents shall be responsible for performing daily inspections of buildings they maintain as follows. They shall:
(1) 
Inspect hallways to see that all extinguishers are in the proper place and hallways are free of storage, debris, rubbish and that all vacant apartments are properly secured.
(2) 
Inspect the cockloft area to see that it is properly secured.
(3) 
Inspect the roof door to see that it is in proper order with self-locking hardware and capable of being opened from the inside.
(4) 
Inspect the roof area to see that it is free of debris and mantraps.
(5) 
Inspect the basement area for the following:
(a) 
Fire-resistive ceiling is intact with no breaks, tears, holes, etc.
(b) 
Area is free of storage, debris and rubbish.
(c) 
Adequate illumination is provided.
(d) 
Boiler room is free from debris and furnished with proper extinguishers.
(e) 
Exterior windows are intact and free from breakage.
(f) 
Utility meters are free from all obstructions and well lit at all times.
(g) 
Electric wiring is in proper order and free from dangling or unsupported wiring and that cables are secure and free from open junction boxes.
(6) 
Inspect the garbage disposal area to see that it is in proper order.
(7) 
Inspect the exterior grounds to ensure that they are free of rubbish and debris.
(8) 
Inspect all exterior and exit doors to see that self-closing and self-locking mechanisms are in proper working condition.
B. 
Monthly inspections. Superintendents shall also be responsible for performing monthly inspections of buildings they maintain as follows:
(1) 
They shall inspect and test hard-wired smoke alarm systems and logs.
(2) 
They shall check operation of fire escapes and ladders to assure that they are counterbalanced and working properly.
(3) 
All monthly inspections are to be logged in accordance with forms provided by the Department of Property Maintenance.
(4) 
Superintendents must check all buildings with standpipe systems in the following manner:
(a) 
Check outside Fire Department connection to see if they are in proper order, free from debris and all parts are in working order with caps in place.
(b) 
All valves in open position.
(c) 
Hose cabinets and valves in good order with hose intact and outlets properly capped.
(5) 
Superintendents must check all buildings with sprinkler systems in the following manner:
(a) 
Check outside Fire Department connection to see if they are in proper order, free from debris and all parts in working order with caps in place.
(b) 
All valves in open position.
(c) 
All sprinkler heads free from blockage.
(d) 
Check pressure gauges to see that system is operational.
C. 
Yearly inspections. Superintendents shall also be responsible for performing yearly inspections of buildings they maintain as follows:
(1) 
They shall replace all batteries and test all smoke detectors in individual apartments.
(2) 
They shall check all fire-escape windows, including those within individual apartments, to ensure proper opening.
(3) 
They shall check to see that the fire-protection envelope is intact without breaks in walls, ceilings, floors, doors or windows.
(4) 
All yearly inspections are to be logged in accordance with forms provided by the Department of Property Maintenance. These inspections shall be accomplished by the superintendent between the first and 15th day of October in each year.
D. 
Notice to owner of fire prevention. Superintendents shall be responsible for notifying the owner and the Fire Prevention Bureau immediately of any condition that exists which is not in compliance with Subsections A through C of this section.
E. 
Penalties. Upon failure of a superintendent to perform the duties and responsibilities outlined in this section or to promptly notify the owner or Fire Prevention Bureau in accordance with Subsection D of this section, the superintendent and the owner or operator of the dwelling shall be liable for the penalties prescribed by each and all of the regulations, provisions, penalties, conditions and terms of the New Jersey Uniform Fire Code as adopted by the City of East Orange, Chapter 146.
F. 
Hearings. Upon failure of a superintendent to comply with the requirement of Subsection A through E of this section, the Fire Officer may request a hearing before the Public Officer.

§ 146-5 Fire lanes on private property; violations and penalties.

[Added 1-24-2005 by Ord. No. 1-2005]
A. 
Upon the approval of the Fire Official, fire lanes shall be designated on public and private property devoted to public use, including but not limited to shopping centers, churches, hospitals, schools, apartment houses and similar uses.
B. 
These fire lanes shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress and egress to such properties and the buildings, persons and vehicles thereon in case of fire or other emergency.
C. 
The number, location, width, length and markings of such areas shall be determined by the Fire Official of the City of East Orange.
D. 
Any person violating this section shall be subject to impoundment of the vehicle and a fine not less than $74 and not more than $2,000, 90 days' imprisonment and/or 90 days of community service. Each day that such violation occurs shall be construed as a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Licensed fire inspectors assigned to the East Orange Fire Prevention Bureau and police officers employed by the City of East Orange shall be authorized to issue summonses on and have offending vehicles removed from these fire lanes, regardless of whether on public or private property.