For the purpose of establishing a fire prevention
code for the Borough and providing penalties for the violation thereof,
there is hereby adopted by reference the fire prevention code annexed
hereto and made a part hereof,[1] entitled "Fire Prevention Code recommended by the American
Insurance Association successor to the National Board of Fire Underwriters,"
being particularly the 1970 edition, together with the amendments,
supplements and appendices thereto passed and adopted up to July 7,
1971, and the whole thereof, save and except Sections 1.2(a), Sections
12.1 through 12.13 inclusive, Sections 14.1 and 14.4 which are deleted,
and such portions thereof as may be hereinafter modified and amended
by this chapter.
[1]
Editor's Note: Said Fire Prevention Code is
on file in the Borough offices.
For the purpose of interpreting the code and
establishing criteria for the enforcement thereof, there is hereby
adopted by reference by the Borough the National Fire Codes, Volumes
I through X inclusive, 1970-1971 edition, together with all the subsequent
amendments, supplements and appendices thereto; provided, however,
that in the event the provisions of the National Fire Codes conflict
with any provision of the National Fire Prevention Code adopted now
or hereafter by the Borough, compliance with the standards set forth
in the National Fire Codes shall be evidence of compliance with the
applicable section of the National Fire Prevention Code; however,
where there is direct conflict with the provisions of the codes and
the provisions of the chapter, the provisions of this chapter shall
govern.
The provisions hereof as well as the provisions
of the Fire Prevention Code of the American Insurance Association
and the National Fire Codes of the National Fire Protection Association,
as hereinabove described, shall be controlling on all subjects therein
contained, as fully and with the same force and effect as if set out
at length herein.
Three copies of the Fire Prevention Code of
the American Insurance Association, three copies of the National Fire
Codes, Volumes I through X, inclusive, 1970-1971 edition, marked as
hereinabove indicated, as well as this chapter, shall remain on file
in the office of the Borough Clerk for the use and examination of
the public.
A.
Wherever the word "municipality" or the word "city"
is used in the Fire Prevention Codes herein referred to, it shall
be held to mean the Borough of Fort Lee.
B.
Wherever the term "City Council" is used in the Fire
Prevention Codes herein referred to, it shall be held to mean the
Mayor and Council of the Borough.
C.
Wherever the term "City Clerk" is used in the Fire
Prevention Codes, it shall be held to mean the Borough Clerk of the
Borough.
D.
Wherever the term "corporation counsel" is used in
the Fire Prevention Codes, it shall be held to mean the Borough Attorney
of the Borough of Fort Lee.
A.
The following sections of the Fire Prevention Code
recommended by the American Insurance Association, which was duly
adopted by the Mayor and Council in the Fire Prevention Ordinance,
are hereby amended as follows:
(1)
Article 2. Section 2.2, page 11. A permit shall be
required for any tire recapping or rebuilding plant, which permit
may be obtained from the Fire Prevention Bureau. The fee for such
a permit shall be as follows: An initial fee of $100 and an annual
fee of $30.
(2)
Article 3. Section 3.2, page 12. A permit shall be
required for any automobile wrecking yard, junk yard or waste material
handling plant, which permit may be obtained from the Fire Prevention
Bureau. The fee for such a permit shall be an initial fee of $500
and an annual fee of $55.
(3)
Article 4. Section 4.1, page 13. A permit shall be
required for the operation of any bowling alley, which permit may
be obtained from the Fire Prevention Bureau. The fee for such a permit
shall be as follows: An initial fee of $500 and an annual fee of $55
for up to six alleys, with an additional fee of $7.50 for each additional
alley over six.
(4)
Article 4. Section 4.2, page 13. A permit shall be
required for bowling pin refinishing and bowling lane resurfacing
operations involving the use and application of flammable or combustible
liquids or materials, which permit may be obtained from the Fire Prevention
Bureau. The fee for such a permit shall be as follows: A fee of $2
for each bowling lane to be resurfaced, and a fee of $7.50 for any
bowling pin refinishing operation.
(5)
Article 5. Section 5.2, page 15. No person shall store,
keep or have on hand more than 25 pounds (for 35mm film: about 5,000
feet) of nitrate motion-picture film without a permit. Such permit
may be obtained from the Fire Prevention Bureau. The annual fee for
said permit shall be $30.
(6)
Article 5. Section 5.3, page 15. No person shall store,
keep or have on hand more than 1,000 pounds (200 standard rolls) of
nitrate motion-picture film unless same shall be stored in an approved
vault. A permit must be obtained from the Fire Prevention Bureau for
each such vault. The fee for the annual permit for such vaults shall
be $100 for one to five vaults, inclusive, and $12.50 for each additional
vault.
(7)
Article 6. Section 6.2, page 16. All retailers, jobbers
and wholesalers storing and handling more than 100 pounds of cellulose
nitrate plastics (pyroxylin) shall obtain a permit. A permit shall
be required for the manufacturing of articles of cellulose nitrate
plastics (pyroxylin), which shall include the use of cellulose nitrate
plastics (pyroxylin) in the manufacture or assembling of other articles.
Said permit may be obtained from the Fire Prevention Bureau. The fee
for such a permit shall be an initial fee for jobbers, retailers and
wholesalers of $500 and an annual fee of $200. The initial fee for
the manufacturer shall be $1,000, and the annual fee shall be $500.
(8)
Article 7. Section 7.2, page 19. A permit shall be
required for the storage and handling of combustible fibers in quantities
in excess of 100 cubic feet. Said permit may be obtained from the
Fire Prevention Bureau, and the annual fee therefor shall be $25.
(9)
Article 8. Section 8.3, page 22. A permit shall be
required for the storage, handling or use at normal temperature and
pressure of more than 2,000 cubic feet of flammable compressed gas
or 6,000 cubic feet of nonflammable compressed gas. Said permit must
be obtained from the Fire Prevention Bureau. The annual fee for said
permit shall be $100.
(10)
Article 9. Section 9.2, page 29. No person shall
engage in the business of dry cleaning or dry dyeing without a permit
which shall prescribe the location and the class of system to be used.
Said permit shall be obtained from the Fire Prevention Bureau. The
initial fee for said permit shall be $1,000 for systems 2 and 3. The
annual fee for systems 2, 3 and 4 shall be $12.50.
(11)
Article 10. Section 10.2, page 34. A permit
shall be obtained for the operation of any grain elevator, flour,
starch or feed mill, or plant pulverizing aluminum, coal, cocoa, magnesium,
spices, sugar or other material producing dust as defined in Section
10.2. Said permit shall be obtained from the Fire Prevention Bureau
upon payment of the annual fee of $1,000.
(12)
Article 13. Section 13.3c, page 58. Application
for permits shall be made in writing at least 15 days in advance of
the date of the display. After such privilege shall have been granted,
sale, possession, use and distribution of fireworks for such display
shall be lawful for that purpose only. No permit granted hereunder
shall be transferable. Such application shall be made to the Fire
Prevention Bureau. The fee for such a permit shall be $100, except
that such a permit shall be given free of charge to charitable organizations
of the Borough and to the Borough itself.
(13)
Article 13, Section 13.4a, page 59. The permittee
shall furnish a bond in the sum of $100,000 for the payment of any
and all property damage, or personal injury to others by reason of
the permitted display, and arising from any acts of the permittee,
his agents, employees or subcontractors.
(14)
Article 15. Section 15.12, page 63. A permit
shall be obtained for spraying or dipping operations utilizing more
than one gallon on any working day of flammable or combustible liquids
included within the scope of this article by Section 15.11. Such permit
may be obtained from the Fire Prevention Bureau and the fee therefor
shall be $30 per year.
(15)
Article 16. Section 16.3, page 83. The annual
cost of said permit shall be $12.50. The cost of an installation permit
on fuel tanks up to 550 gallons shall be $25 and $6.50 for each additional
500 gallons or part thereof. The installation cost of a permit for
fuel tank replacements shall be $12.50 up to 550 gallons and $4.50
for each additional 500 gallons or part thereof. The cost of a permit
for new gasoline stations shall be an initial fee of $500.
(16)
Article 17, Section 17.2, page 149. A permit
shall be required for any fruit ripening process. Said permit must
be obtained from the Fire Prevention Bureau. The annual fee for said
permit shall be $30.
(17)
Article 18. Section 18.3, page 151. (1) A permit
shall be required for any person performing any fumigation or thermal
insecticidal fogging which is dangerous, noxious or poisonous to the
life or health of human beings, or which constitutes a fire hazard.
All persons actually engaged in the work shall require a fumigation
or thermal insecticidal fogging "operators" permit. Said permit may
be obtained from the Fire Prevention Bureau, and the fees therefor
shall be $30. (2) Applicants for fumigation or thermal insecticidal
fogging operators permits shall be required to appear in person before
the authority granting the permit for such questioning as will show
the training, experience, qualifications, character and reputation
of the applicant in regard to fumigation or thermal insecticidal fogging.
Applicants shall demonstrate knowledge of the properties of the fumigants
and thermal insecticidal fogging liquids used and shall be familiar
with the proper first aid measures to be used in case of emergencies.
(18)
Article 19. Section 19.2, page 154, No person
shall use any building, shed or enclosure as a place of business for
the purpose of servicing or repairing any motor vehicle therein without
a permit. Such permit shall be obtained from the Fire Prevention Bureau,
and the cost of such shall be $7.50.
(19)
Article 20. Section 20.3, page 156. (1) A permit
shall be required for the storage or handling of more than 55 gallons
of corrosive liquids; or more than 500 pounds of oxidizimaterials;
or more than 10 pounds of organic perioxides; or more than 500 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures defined in Section 20.10a
or any amount of highly toxic material or poisonous gas. Said permit
may be obtained from the Fire Prevention Bureau and the cost therefor
shall be $100. (2) A permit shall be required for the storage or handling
at any installation of more than one microcurie of radium not contained
in a sealed source; or more than one millicurie of radium or other
radioactive material in a sealed source or sources, or any amount
of radioactive materials for which a specific license from the United
States Atomic Energy Commission is required so as to be reasonably
safe to persons and property. Evidence that a specific license for
the radioactive material has been obtained from the United States
Atomic Energy Commission in accordance with the applicable standard
specified in this Section 20.3b in Article 31 of this Fire Prevention
Code shall be evidence that such license represents reasonable procedure
for safety to persons and property. Said permit may be obtained from
the Fire Prevention Bureau and the cost therefor shall be $100.
(20)
Article 22, Section 22.1, page 174. A person
shall not store in excess of 100,000 board feet of lumber without
a permit. Said permit may be obtained from the Fire Prevention Bureau.
The annual fee for said permit shall be $1,000.
(21)
Article 23, Section 23.3, page 176. A permit
shall be obtained for the melting, casting, heat treating, machining,
or grinding of more than 10 pounds of magnesium per working day. Said
permit may be obtained from the Fire Prevention Bureau. The annual
fee for said permit shall be $1,000.
(22)
Article 24, Section 24.3, page 179. (1) A single
permit shall be required for the initial installation of an oil burner
and a fuel oil tank used in connection therewith that is in excess
of 25 gallons in a building or in excess of 60 gallons outside of
a building. Said permit may be obtained from the Fire Prevention Bureau.
The fee for residential buildings for said permit shall be as follows:
1 through 3 families - $12.50; 4 through 60 families - $30; 61 through
160 families - $55; 161 families and up - $100. The fee for commercial
buildings for said permit shall be as follows: to 2,500 square feet
of floor area - $12.50; from 2,501 square feet of floor area to 5,000
square feet of floor area - $25; from 5,001 square feet of floor area
to 10,000 square feet of floor area - $45; from 10,001 square feet
of floor area to 20,000 square feet floor area - $65; from 20,001
square feet of floor area to 40,000 square feet of floor area - $85;
from 40,001 square feet of floor area to 80,000 square feet of floor
area - $100; all buildings greater than 80,000 square feet of floor
area - $150. (2) A separate permit shall be required for the replacement
of either the oil burner or a fuel oil tank connected to an oil burner.
Said permit may be obtained from the Fire Prevention Bureau. The fee
for said permit shall be $12.50.
(23)
Article 25, Section 25.3, page 189. A permit
shall be required for any organic coating manufacturing operation
making more than one gallon of an organic coating of any working day.
Said permit may be obtained from the Fire Prevention Bureau. The annual
fee for said permit shall be $1,000.
(24)
Article 26, Section 26.3, page 197. (1) No oven
or furnace to which this code applies shall be operated without a
permit from the Fire Prevention Bureau and the cost therefor shall
be $100. (2) Application for a permit shall be accompanied by plans
showing all essential details as to location, design, construction,
controls and calculations for safe operation. The process and materials
involved shall be fully described. Catalytic combustion systems utilized
for the oxidization or combustion of the exhaust gases or vapors shall
be described.
(25)
Article 26, Section 27.2, page 201. No place
of assembly, as defined in Section 27.10b, shall be maintained, operated
or used as such without a permit, except that no permit shall be required
for any place of assembly used solely as a place of religious worship.
Said permit may be obtained from the Fire Prevention Bureau and the
cost therefor shall be $12.50.
(26)
Article 28, Section 28.1, page 204. No fee shall
be charged for a permit for bonfires and outdoor rubbish fires.
(27)
Article 28, Section 28.2, page 204. (1) No person
shall manufacture matches without a permit. No person shall store
matches exceeding in aggregate 25 cases of matches without a permit.
Said permit may be obtained from the Fire Prevention Bureau. The initial
fee for said permit shall be $1,000 and the annual fee shall be $500.
(2) At wholesale establishments and wherever matches exceeding 25
cases are stored, shipping containers containing matches shall be
arranged in piles not exceeding 18 feet in height nor 25,000 cubic
feet in volume. Such pile units shall be separated from each other
and from other combustible material by a clear space of not less than
4 feet. In storage rooms where shipping containers containing matches
are open, the broken containers and contents shall be neatly piled
with other match stock in a portion devoted to match storage exclusively.
Said permits may be obtained from the Fire Prevention Bureau and cost
therefor shall be $25.
(28)
Article 28, Section 28.8, page 206. No person
shall store in any building or upon any premises in excess of 2,500
cubic feet gross volume of combustible empty packing cases, boxes,
barrels or similar containers, or rubber tires, or baled cotton, rubber
or cork, or other similarly combustible material without a permit.
Said permit may be obtained from the Fire Prevention Bureau and the
cost therefor shall be $12.50.
(29)
Article 29, Section 29.1, page 210. No tent
covering an area in excess of 120 square feet shall be erected, maintained,
operated or used without a permit. Said permit may be obtained from
the Fire Prevention Bureau. The fee for the said permit shall be $500.
There shall be no charge for said permit when issued to a nonprofit
local organization.
(30)
Article 30, Section 30.3, page 212. A permit
shall be required of each company, corporation, copartnership or owner-operator
performing welding or cutting operations except as provided in Section
30.3b. This permit shall not be required for each welding or cutting
job location. The company, corporation, copartnership or owner-operator
shall notify the Bureau of Fire Prevention in advance where such work
is taking place, except where such work is done in response to an
emergency call that does not allow time for the Bureau of Fire Prevention
to be notified in advance of the work. Said permit may be obtained
from the Fire Prevention Bureau and the cost therefor shall be $12.50.
(31)
Article 30, Section 20.18, page 222. No person
without a permit shall store or keep calcium carbide in excess of
two hundred pounds. Said permit may be obtained from the Fire Prevention
Bureau and the cost therefor shall be $12.50.
(32)
Article 32 - GAS BURNING EQUIPMENT. (1) Installation
and conversion. No such piping or appliances shall be installed without
the obtaining of a permit. Said permit may be obtained from the Fire
Prevention Bureau. The fee for residential buildings for said permit
shall be as follows: 1 through 3 families - $12.50; 4 through 60 families
- $30; 61 through 160 families - $55; 161 families and up - $100.
The fee for commercial buildings for said permit shall be as follows:
to 2,500 square feet of floor area - $12.50; from 2,501 square feet
of floor area to 5,000 square feet of floor area - $25; from 5,001
square feet of floor area to 10,000 square feet of floor area - $45;
from 10,001 square feet of floor area to 20,000 square feet of floor
area - $65; from 20,001 square feet of floor area to 40,000 square
feet of floor area - $85; from 40,001 square feet of floor area to
80,000 square feet of floor area - $100; all buildings greater than
80,000 square feet of floor area - $150. (2) Gas dryers. Gas dryers
installed in apartment house laundries - $12.50 per installation.
Gas dryers installed on self-service laundry - $12.50 per dryer. Gas
dryers installed in commercial laundries - $12.50 per installation.
All such permits may be obtained from the Fire Prevention Bureau.
(3) Commercial baking ovens. No such piping or appliances shall be
installed without the obtaining of a permit. Said permit may be obtained
from the Fire Prevention Bureau and the fees shall be $30 per oven.
(33)
Whenever it is deemed necessary for the public
safety, the fire official and/or his designee may require, by written
order, the owner or owners of any multiple dwelling, shopping center,
commercial or industrial structure, place of public assembly, office
building, hotel or motel, school, nursing or convalescent home, or
structure primarily devoted to occupancy by senior citizens, to designate
a fire zone in the driveways of the premises leading to and from parking
areas, loading areas, public streets or rights-of-way leading to the
above types of buildings or structures. Each such fire zone, also
known as "Fire Lanes," shall be no less than 18 feet nor more than
24 feet in width and shall be striped and lettered in yellow on the
paved surface. Such striping and lettering shall remain legible at
all times. Metal fire zone signs, the lettering of same to be legible
at all times with design and quality of same in accordance with applicable
state law, shall be provided, erected and maintained by said owner
or owners and placed at the discretion of the fire official and/or
his designee.
(34)
The marking of "Fire Lanes" on private property,
devoted to public use, and the design, quality and lettering of the
metal signs to be situated thereon, shall be approved by the fire
official and/or his designee, and the Chief of Police. (Definition
of ground markings: Two four-inch yellow lines shall be in place to
designate the width of the Fire Lane. The ground markings "No Parking
Fire Lane" shall be placed on the roadway, between the yellow lines,
to be installed by the owner or owners at the discretion of the fire
official and/or his designee.)
(35)
No person shall, at any time, park a vehicle or in any other manner obstruct any driveway or other area that has been designated a fire zone as hereinabove provided. The fine for a violation of Subsection A(34) shall be $67.
[Amended 12-18-2003 by Ord. No. 2003-43; 6-10-2004 by Ord. No. 2004-26; 8-19-2004 by Ord. No. 2004-39]
(36)
Notwithstanding the penalties hereinafter provided for violation of this Part 1 established in § 216-21, the Borough shall be entitled to pursue any other remedy available at law or equity to enforce the provisions hereof. Any vehicle in violation of this Part 1 shall be deemed a nuisance and menace to public health, safety and welfare, and any member of the Bureau of Fire Prevention or the Police Department of the Borough may provide for the removal of such vehicle. Prior to regaining possession of the vehicle so removed, the owner shall pay the reasonable costs of removal and storage.
(37)
Fire zones established in shopping centers shall
be in such number, location and size as determined by the Chief of
the Bureau of Fire Prevention or the Chief Fire (Combustible) Inspector,
based upon the size, type and location of the buildings in such shopping
centers, the types of uses contained therein, the numbers of motor
vehicles operated and parked upon the property, the number of persons
using and occupying the premises, the existing means of ingress and
egress, the total area of the property and other relevant factors.
The Chief of the Bureau of Fire Prevention is authorized to regulate,
restrict and prohibit the parking and operation of vehicles in and
near such fire zones and to impose other reasonable regulations necessary
to ensure that such areas are free from obstructions.
(38)
The Bureau of Fire Prevention and the Police Department of the Borough shall have concurrent jurisdiction to enforce the provisions of this Part 1. Building Department subcode officials and Code Enforcement Officers shall also have enforcement authority for Subsections A(35) and (36) of this section.
[Amended 8-18-2011 by Ord. No. 2011-17]
B.
Conflicting ordinances. The provisions of this Part
1 supersede the provisions of any other ordinance in the Borough of
Fort Lee establishing fees for permits under the Fire Prevention Codes
of the Borough of Fort Lee and said ordinances are hereby repealed
to the extent of such inconsistencies.
