[HISTORY: Adopted by the City Council of the City of Hackensack 4-23-2013 by Ord. No. 6-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 19.
Alarm devices — See Ch. 47.
Firearms, weapons and explosives — See Ch. 86.
Smoke emission — See Ch. 145.
[1]
Editor's Note: This ordinance also repealed former Ch. 88,
Fire Prevention, adopted 7-17-2012 by Ord. No. 15-2012.
There is hereby adopted by the City Council, for the purpose
of prescribing regulations governing conditions hazardous to life
and property from fire and explosion, that certain code known as the
"Uniform Fire Safety Act" (N.J.S.A. 52:27D-192 et seq.), as modified,
amended or supplemented by this chapter.
A.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983,
c. 383),[1] the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1.1 et
seq.) shall be enforced locally. The local enforcement agency shall
be the Hackensack Fire Prevention Bureau established within the Hackensack
Fire Department and shall be operated under the direction and supervision
of the Chief of the Fire Department.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
B.
The Fire Prevention Bureau shall enforce the Uniform Fire Safety
Act and the codes and regulations adopted pursuant thereto in all
buildings, structures and premises within the established boundaries
of the City of Hackensack and shall comply with the requirements of
the Uniform Fire Safety Act and the current adopted edition of the
N.J. Uniform Fire Code.
C.
The Fire Prevention Bureau shall carry out the periodic inspections
of life-hazard uses required by the N.J. Uniform Fire Code.
D.
At any time
a permit inspection is performed pursuant to the Uniform Fire Code
at a time when the Hackensack Fire Department Fire Prevention Bureau
is closed for ordinary business, there shall be an additional surcharge
of $100 imposed in addition to the standard permit fee.
[Added 3-10-2020 by Ord. No. 13-2020]
The organization of the Hackensack Fire Prevention Bureau shall
be as follows:
A.
Composition. The Fire Prevention Bureau shall consist of the Fire
Official and such other members of the Fire Department and/or civilians
(certified by the State of New Jersey) who shall, from time to time,
be appointed to the Bureau as inspectors by the City Manager upon
the recommendation of the Chief of the Fire Department. Service shall
be at the pleasure of the City Manager insofar as the same is consistent
with applicable state law.
B.
Chief of the Fire Prevention Bureau. The City Manager shall designate
an officer of at least the rank of Lieutenant of the Fire Department
as the Fire Official to command the Bureau of Fire Prevention after
receiving a recommendation by the Chief of the Fire Department; said
officer shall serve at the pleasure of the City Manager.
C.
Supervision of Bureau. The Fire Official and all other inspectors
shall be under the direct supervision of the Fire Chief of the Fire
Department of the City of Hackensack.
D.
Rules and regulations. The Fire Official may, with the concurrence
of the Chief of the Fire Department, make and enforce such rules and
regulations as he may deem necessary to carry out the provisions of
this chapter and the code adopted hereby.
E.
Fire Official; appointment. The local enforcing agency shall be under
the direct supervision of a Fire Official (certified by the State
of New Jersey), who shall be appointed by the City Manager upon the
recommendation of the Fire Chief. The Fire Official shall serve for
a term of one year.
F.
Inspectors and other employees; appointment. Such inspectors and
other employees as may be necessary in the local enforcing agency
shall be appointed by the City Manager upon the recommendation of
the Fire Chief of the City of Hackensack.
G.
Removal from office. The Fire Official, inspectors and other employees
of the inspecting agency shall be subject to removal by the City Manager,
upon the recommendation of the Fire Chief, for inefficiency, misconduct
or reassignment or other good excuse consistent with applicable law.
The Fire Official, each inspector or employee to be so removed shall
be afforded an opportunity to be heard by the appointing authority
or a designated hearing officer.
The Fire Prevention Bureau established by this chapter shall
carry out the periodic inspections of life-hazard uses required by
the N.J. Uniform Fire Code on behalf of the Commissioner of the Department
of Community Affairs of the State of New Jersey.
A.
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
shall pay an annual fee as set forth below. Effective January 1, 2025,
the below fees are subject to no greater than a 2.5% annual increase
effective each January 1 upon recommendation of the Fire Official
and subject to the City Manager’s written approval:
[Amended 9-28-2015 by Ord. No. 44-2015; 3-10-2020 by Ord. No. 13-2020; 12-5-2023 by Ord. No. 45-2023]
|
Use Group
|
Annual Fee
|
|---|---|
|
Business Use Group
| |
|
B-1, 100 to 1,500 square feet
|
$60
|
|
B-2, 1,500 to 2,499 square feet
|
$70
|
|
B-3, 2,500 to 6,999 square feet
|
$100
|
|
B-4, 7,000 to 9,999 square feet
|
$210
|
|
B-5, 10,000 square feet and over
|
$290
|
|
Factory Use Group
| |
|
F-1, under 4,000 square feet
|
$170
|
|
F-2, 4,000 square feet and over
|
$250
|
|
Mercantile Use Group
| |
|
M-1, under 4,000 square feet
|
$85
|
|
M-2, 4,000 square feet and over
|
$170
|
|
Storage Use Group
| |
|
S-1, under 2,500 square feet
|
$80
|
|
S-2, 2,500 square feet to 7,000 square feet
|
$160
|
|
S-3, 7,000 square feet and over
|
$290
|
|
Residential Use Group
| |
|
R-A, non-owner-occupied 2-family units
|
$60
|
|
R-B, 3 to 6 units
|
$75
|
|
R-C, 7 to 12 units
|
$90
|
|
R-D, 13 to 19 units
|
$200
|
|
R-E, 20 to 39 units
|
$390
|
|
R-F, 40 to 80 units
|
$460
|
|
R-G, over 80 units
|
$585
|
|
Utilities Use Group
| |
|
U-1, under 2,500 square feet
|
$100
|
|
U-2, 2,501 square feet to 4,000 square feet
|
$150
|
|
U-3, 4,000 square feet and over
|
$200
|
B.
Additional requirements.
(1)
Included R-A uses shall only be inspected upon sale, upon change
of tenant, or at the discretion of the Fire Official.
(2)
Uses not classified above will be classified as business uses.
(3)
Uses required to register with the state as life-hazard uses shall
not be required to register under this section.
(4)
In the discretion of the Fire Official, vacant buildings will be
charged and inspected according to the previous use of the building.
C.
The application fees for the permits listed in N.J.A.C. 5:70-2.7
shall be as established by state regulation, as currently set forth
at N.J.A.C. 5:70-2.9(c), and any future amendments or supplements
thereto.
[Amended 12-5-2017 by Ord. No. 35-2017]
D.
Occupancies requiring a certificate of smoke alarm, carbon monoxide
alarm and portable fire extinguisher compliance (CSACMAPFEC) from
the Fire Prevention Bureau, pursuant to the Uniform Fire Code 5:70-2.3,
shall make application to the Bureau and pay a fee of $70 and receive
an inspection of same. Inspection failure, or a no-show of appointment,
shall result in an additional fee of $70 for reinspection. Fees are
nonrefundable.
[Added 9-28-2015 by Ord.
No. 44-2015; 3-10-2020 by Ord. No. 13-2020; 12-5-2023 by Ord. No. 45-2023]
The following amendments, modifications and supplements to the
State Fire Prevention Code are hereby enacted:
A.
Insurance reports. All owners, lessees or tenants of any building
or structure that has been involved in a fire or other damage, resulting
in a call to the Fire Department, City of Hackensack, shall report
to said Department the name and address of the insurance agent and
the amount of insurance carried. This information shall be supplied
to the Fire Department within five days of the date of the call for
assistance to said Department.
[Amended 4-25-2023 by Ord. No. 22-2023]
B.
(Reserved)
C.
Cooking on balconies (supplement to N.J.A.C. 5:70-3, 308.1.4.1).
The use of portable grills and open lighted fuel, such as propane,
wood, paper, synthetic material, etc., on balconies or other portions
of a building is prohibited. Specifically excluded from the operation
of this section is the use of charcoal or electric grills.
[Amended 4-25-2023 by Ord. No. 22-2023]
D.
Fire lanes/fire zones (supplement to N.J.A.C. 5:70-3, 503.1.1). Other
than one- and two-family dwellings, where private property is developed
with driveways or parking areas, the following provisions shall apply:
[Amended 4-25-2023 by Ord. No. 22-2023]
(1)
Minimum fire lane width shall be 12 feet. Said fire lane/fire zone
driveway shall be immediately adjacent to the structure where possible.
(2)
Said fire lanes shall be marked on the pavement and with signs as
required by the Bureau of Fire Prevention and shall be kept open at
all times. Signs and markings shall be installed at the expense of
the owner or lessee of the property. Violation of these fire lanes/fire
zones by either parking vehicles upon them or storing equipment on
them shall be prohibited. Any person who violates this article shall
be issued a summons and upon conviction in Municipal Court pay a fine
of not less than $96.
(3)
In addition to any other sanctions, any unoccupied vehicle parked
or standing in violation of the provisions hereof or of ordinances
of the City of Hackensack and/or hindering firefighting operations
shall be deemed a nuisance and a menace to the safe and proper firefighting
operation, and a Fire Official may provide for the removal of such
vehicle. If such vehicle is removed, the costs of such removal and
storage shall be paid for by the owner of said vehicle before he may
regain possession of the same.
E.
Stair designation. Every owner of a building, which building has
more than three floors, must provide green and red reflectors. These
reflectors must measure at least one inch in diameter with a machine-threaded
stud attached. One red reflector is to be mounted on the stairwell
side of the door frame on the hinge side at a height between 18 inches
and two feet from the floor. This reflector will indicate that the
stairwell is a dead end and does not have a door leading to the roof.
It is to be mounted by drilling a hole and thread-tapping the same
to enable the thread-stud attached to the reflector to be screwed
into the hole. One green reflector is to be similarly installed in
the same place and manner as the red reflector in those stairwells
which lead to a rooftop door.
[Amended 4-25-2023 by Ord. No. 22-2023]
The following provisions shall apply to buildings of truss-type
construction:
A.
Purpose. The purpose of this section is to identify and to provide
for the marking of buildings of truss-type construction (truss-roofs,
floors and wooden manufactured beams, TJIs), in order to safeguard
the occupants and emergency personnel in the event of a fire or other
hazardous or emergency condition.
B.
Scope. The provisions of this section shall apply to the owner/occupant
of any building or structure of truss-type construction as determined
by the Fire Official.
C.
FIRE DEPARTMENT EMBLEM
FIRE OFFICIAL
OWNER/OCCUPANT
TRUSS-TYPE CONSTRUCTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A triangular emblem, constructed of reflective aluminum or
plastic and containing letters at least 3/4 inch in height. All such
emblems are to be approved prior to mounting by the Fire Official
as to size, shape, material, Fire Department logo, coloring, lettering
and location.
The City of Hackensack Fire Official or his designated representative.
Any person, individual, firm, partnership, corporation or
other entity having a legal, equitable or leasehold interest in a
building or structure.
A single plane of framework of individual structural members
connected at their ends to form a series of triangles to span a distance
greater than would be possible and bearing a greater load than would
be possible with any of the individual members on their own, regardless
of the materials used in their construction, referring but not limited
to the following shapes and common names: king, post, English, K.
truss, stadium, cantilever, bascule, joist, bar joist and others.
"Truss-type construction" is further defined as "truss," "joist,"
"beams" and other manufactured wooden structural support members which
have a fire rating that is 75% or less of corresponding solid wooden
support members, including manufacturing joists and beams utilizing
plywood or similarly manufactured laminated material held in a vertical
plane (truss joists, I-beams or comparable structural members).
D.
General regulations.
(1)
The provisions of this section shall be enforced by the Fire Official
through the Bureau of Fire Prevention of the Hackensack Fire Department,
which will be responsible for providing information and guidance to
an owner/occupant on the purchase and installation of Fire Department
emblems.
(2)
When the Fire Official shall inspect and identify a building as being
of truss-type construction, he shall notify the owner/occupant of
the building, in writing, of the requirements of this section in accordance
with the Uniform Fire Code of the State of New Jersey.
(3)
Upon receipt of such notification, the owner/occupant shall be required to permanently affix to said building a Fire Department emblem. The emblem shall be affixed at a height from ground level of no less than eight feet and no more than 10 feet to the left of the main entrance doors on the outside of said building or in such other location as shall be approved by the Fire Official. More than one location may be required on a particular building by the Fire Official. The cost and installation of said emblem shall be the sole responsibility of the owner/occupant of the building, and the installation shall be completed within 30 days of the receipt of the written notice provided for in Subsection D(2).
(4)
The owner/occupant shall maintain the Fire Department emblem at the
approved locations on the building in conjunction with any other required
Fire Department systems, devices, units and service equipment. Missing
or damaged Fire Department emblems must be promptly reported to the
Fire Official and replaced by the owner/occupant within 14 days of
receipt of written notice from the Fire Official that such replacement
is required.
A.
It is the purpose of this section to prevent, eliminate or reduce
the stress and/or wear on Hackensack Fire Department personnel and
equipment responding to local nonincidental (malfunctions) fire and
other emergency system alarms and to further safeguard the public
both within and around the vicinity of the premises producing/emitting
said alarm.
B.
The provisions of this section shall apply to alarm businesses and
to any person who operates, maintains or owns any alarm device, dial
alarm or local alarm designed to produce a visual or audible signal
of an emergency or designed to summon the Fire Department to any location
in response to any type of alarm signal. This shall include all building
owners and associations.
C.
Definition. For purposes of this chapter, the term "local alarm"
shall mean any alarm system which, when activated, produces a signal
not connected to the alarm console of the fire switchboard activating
bell devices, providing warning of fire, smoke, flood or other peril.
The term "local alarm" shall include any alarm equipment designed
to signal solely within the building or series of buildings on which
it is located and which is not designed to emit signals visible or
audible to persons outside such building or series of buildings. The
term "local alarm" shall not include an alarm system on a motor vehicle,
provided that such system is not interconnected with an alarm device,
a dial alarm or a local alarm.
D.
Penalties for malfunctioning local alarms; exceptions. Those persons
having local alarms shall be required to leave with the Fire Department
the name of a person who can be reached in case of malfunction of
the equipment in order that the device can be reset or temporarily
disconnected, and in lieu thereof, this requirement can be fulfilled
by leaving a sealed key in a special safety alarm key box on the premises,
provided that, in so doing, the owner is willing to release the City
of Hackensack Fire Department from any and all claims to damages or
loss in connection with entry. In the event that there is a malfunction
of the equipment and no person can be located to secure the device
or no special safety alarm key box has been created, the owner shall
be subject to penalty of up to $25 for the first such occurrence and
up to $100 for each and every subsequent occurrence.
In addition to and not in lieu of any state or federal law or
regulation, all new and existing building owners and/or occupants
in the City of Hackensack who store, use, sell, handle or manufacture
any hazardous materials, gases or liquids of a flammable, combustible,
caustic or dangerous nature must comply with the following requirements
before issuance or renewal of a permit required by this Code:
A.
Post signs in every work area, indicating what type of hazardous
material is being used there.
B.
Submit a material safety data sheet on each listed substance to the
Fire Prevention Bureau.
C.
Properly label all containers of hazardous materials with proper
National Fire Protection Association Standards 704 designation.
D.
The name of the chemical or code number that relates to the material
safety data sheet must be placed on the container of the substance.
E.
Post a list of hazardous materials inside all entrances to the building
where substances are stored, manufactured, handled or used, indicating;
Pursuant to N.J.S.A. 52:27D-206, any person aggrieved by any
action of the local enforcing agency shall have the right to appeal
to the County of Bergen Construction Board of Appeals.
Enforcement, violations and penalties shall be in conformity with the Uniform Fire Safety Act and the N.J. Uniform Fire Code. In any instance where a violation of this chapter has occurred and the penalty for the same is not set forth in the Uniform Fire Safety Act or in the N.J. Uniform Fire Code and no specific penalty provision is set forth in this chapter, then the general penalty provisions contained in § 1-15 of the Code of the City of Hackensack, New Jersey, shall apply.
