[Adopted by Ord. No. 1-1993 (§§ 13-7
and 13-16 to 13-28 of the 1979 Revised General Ordinances)]
A.
Whenever the word "municipality" is used in said code (the New Jersey Uniform Fire Code, see § 141-7), it shall be held to mean the Township of Livingston in the County of Essex.
B.
Whenever the terms "Chief of the Fire Department,"
"Chief of the Bureau of Fire Prevention" or "Bureau of Fire Prevention"
are used in said code, they shall be held to mean the Fire Chief or
Fire Division in the Department of Public Safety, as appropriate.
C.
Whenever the term "corporation counsel" is used in
said code, it shall be held to mean the Township Attorney of the Township
of Livingston.
[Amended by Ord. No. 27-2001]
Pursuant to Section 11 of the Uniform Fire Safety
Act (P.L. 1983, c. 383, N.J.S.A. 52:27D-192 et seq.), the New Jersey
Uniform Fire Code (N.J.A.C. 5:70-1 et seq.) shall be locally enforced
in the Township of Livingston.
The local enforcing agency shall:
A.
Be the Livingston Fire Department through its Bureau
of Fire Prevention which is hereby created therein.
B.
Enforce the New Jersey Uniform Fire Code in all buildings,
structures and premises within the established boundaries of the Township
of Livingston, other than owner-occupied buildings used exclusively
for dwelling purposes and containing fewer than three dwelling units
or buildings, structures and premises owned or operated by the state,
interstate agencies or the federal government.
C.
Faithfully comply with all the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
[Amended by Ord. No. 27-2001]
A.
Appointment and qualifications of Fire Official. The
Fire Official shall be certified by the state and shall be appointed
by the Township Manager from a list of three names submitted by the
Chief of the Fire Department.
[Amended 1-25-2010 by Ord. No. 2-2010]
B.
Appointment and qualifications of inspectors and other
employees. Inspectors and other employees of the enforcing agency
shall be appointed by the governing body upon the recommendation of
the Fire Official. All life-hazard-use inspectors shall be certified
by the state.
C.
Appointment of legal counsel. The governing body shall
specifically appoint legal counsel to assist the agency in enforcing
the Uniform Fire Code.
D.
Term of office. The Fire Official shall serve for
a term of three years. Any vacancy shall be filled for the unexpired
term.
E.
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.
[Amended by Ord. No. 27-2001]
A.
The Bureau of Fire Prevention established by § 141-8 of this article shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
B.
Vacant buildings which create a fire hazard shall
be charged and inspected according to the previous use of the building.
[Amended by Ord. No. 27-2001; 2-7-2011 by Ord. No.
3-2011]
A.
In addition to the registration 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.
B.
The non-life-hazard registration fees established by the Fire Prevention
Bureau shall be as follows:
(1)
Business occupancies, buildings or structures up to 250 square feet
of occupied space: $30.
(2)
Business occupancies, buildings or structures between 251 square
feet and 999 square feet of occupied space: $50.
(3)
Business occupancies, buildings or structures between 1,000 square
feet and 4,999 square feet of occupied space: $80.
(4)
Business occupancies, buildings or structures between 5,000 square
feet and 9,999 square feet of occupied space: $135.
(5)
Business occupancies, buildings or structures between 10,000 square
feet and 14,999 square feet of occupied space: $250.
(6)
Business occupancies, buildings or structures between 15,000 square
feet and 29,999 square feet of occupied space: $370.
(7)
Business occupancies, buildings or structures between 30,000 square
feet and 74,999 square feet of occupied space: $500.
(8)
Business occupancies, buildings or structures between 75,000 square
feet and 99,999 square feet of occupied space: $750.
(9)
Business occupancies, buildings or structures between 100,000 square
feet and 250,000 square feet of occupied space: $1,000.
(10)
Business occupancies, buildings or structures over 250,000 square
feet will be charged $80 for each 5,000 square feet or part thereof
over the initial two-hundred-fifty-thousand-square-foot fees.
(11)
Business occupancies, building common areas, including hallways,
stairwells, utility rooms, restrooms and the like, will be charged
$50 per floor.
[Amended by Ord. No. 27-2001; 2-7-2011 by Ord. No. 3-2011]
In accordance with N.J.A.C. 5:70-2.9(c), the fees for the permits
listed in N.J.A.C. 5:70-2.7(a) shall be as follows:
|
Type
|
Fee
|
|---|---|
|
1
|
$55
|
|
2
|
$180
|
|
3
|
$350
|
|
4
|
$525
|
|
5
|
$1,410
|
B.
Fees. The following fees are hereby established:
(1)
N.J.A.C. 5:70-2.3, certificate of Fire Code status smoke detector
and carbon monoxide alarm compliance fee: $50 per inspection for smoke
detector inspection for single- and two-family dwellings. The inspection
shall be done by the Livingston Fire Prevention Bureau Inspector.
[Amended by Ord. No. 27-2001; 2-7-2011 by Ord. No.
3-2011]
A.
Type 1 permit: $55.
(1)
Bonfires;
(2)
The use of a torch or flame-producing device to remove
paint from or seal membrane on roofs on any building or structure;
(3)
Tents and temporary tensioned membrane structures
without appurtenance, such as platforms and special electrical equipment,
which exceed 900 square feet or 30 feet in any dimension (excluding
canopies), whether single or made up of multiple smaller units when
used for purposes which would constitute a life-hazard use were the
use to be found in a building;
(4)
Individual portable kiosks or displays when erected
in a covered mall for a period of less than 90 days and when not covered
by a Type 2 permit;
(5)
The use of any open flame or flame-producing device,
in connection with any public gathering, for purposes of entertainment,
amusement, or recreation in places of public assembly;
(6)
Welding or cutting operations except where the welding
or cutting is performed in areas approved for welding by the Fire
Official and is registered as a Type B life-hazard use;
(7)
The possession or use of explosives or blasting agents
other than model rocketry engines regulated under N.J.A.C. 12:194;
(8)
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;
(9)
The occasional use in any building of a multipurpose
room with a maximum permitted occupancy of 100 or more for amusement,
entertainment or mercantile type purposes;
(10)
The storage or handling of Class I flammable
liquids in closed containers of aggregate amounts of more than 10
gallons but not more than 660 gallons inside a building, or more than
60 gallons but not more than 660 gallons outside a building;
(11)
The storage or handling of Class II or IIIA
combustible liquids in closed containers of aggregate amounts of more
than 25 gallons but not more than 660 gallons inside a building, or
more than 60 gallons but not more than 660 gallons outside a building;
(12)
Any permanent cooking operation that requires
a suppression system in accordance with N.J.A.C. 5:70-5(g) and is
not defined as a life-hazard use in accordance with N.J.A.C. 5:70-2.4;
(13)
The use as a place of public assembly, for a
total of not more than 15 days in a calendar year, of a building classified
as a commercial farm building under the Uniform Construction Code;
(14)
All structures or occupancies not registered
as life hazard or R-3 shall require a Type I permit for each floor
over 5,000 square feet;
(15)
The use of model rocketry engines;
(16)
Materials stored.
B.
Type 2 permit: $180.
(1)
Bowling lane resurfacing and bowling pin refinishing
involving the use and application of flammable liquids or materials;
(2)
Fumigation or thermal insecticide fogging;
(3)
Carnivals and circuses employing mobile structure
used for human occupancy;
(4)
The use of a covered mall in any of the following
manners:
(a)
Placing or constructing temporary kiosks, display
booths, concession equipment or the like in more than 2.5% of the
common area of the mall;
(b)
Temporarily using the mall as a place of assembly;
(c)
Using open flame or flame devices;
(d)
Displaying liquid- or gas-fueled powered equipment;
or
(e)
Using liquefied petroleum gas, liquefied natural
gas, and compressed flammable gas in containers exceeding five pounds'
capacity.
C.
Type 3 permit: $350.
(1)
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 products being processed;
(2)
Any wrecking yards, junkyards, outdoor used tire storage,
waste material handling plants and outside storage of forest products
not otherwise classified; or
(3)
The storage or discharging of fireworks.
D.
Type 4 permit: $525.
(1)
Storage 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;
(2)
The production or sale of cryogenic liquids; the storage
or use of more than 10 gallons of liquid oxygen, flammable cryogenic
liquids or cryogenic oxidizers; or the storage of more than 500 gallons
of nonflammable, nontoxic cryogenic liquids;
(3)
The storage, handling and processing of flammable,
combustible and unstable liquids in closed containers and portable
tanks in aggregate amounts of more than 660 gallons.
(4)
To store or handle (except medicines, beverages, foodstuffs,
cosmetics and other common consumer items) when packaged according
to commonly accepted practices:
(a)
More than 55 gallons of corrosive liquids;
(b)
More than 500 pounds of oxidizing materials;
(c)
More than 10 pounds of organic peroxides:
(d)
More than 500 pounds of nitromethane;
(e)
More than 1,000 pounds of ammonium nitrate;
(f)
More than one microcurie of radium not contained
in a sealed source;
(g)
More than one millicurie of radium or other
radiation material in a sealed source or sources;
(h)
Any amount of radioactive material for which
a specific license from the Nuclear Regulatory Commission is required;
or
(i)
More than 10 pounds of flammable solids.
(5)
The melting, casting, heat treating, machining or
grinding of more than 10 pounds of magnesium per working day.
[Added 2-7-2011 by Ord. No. 3-2011]
[Amended by Ord. No. 27-2001; 2-7-2011 by Ord. No. 3-2011]
Pursuant to N.J.S.A. 52:27D-206 and 52:27D-208, any person aggrieved
by any action of the local enforcing agency shall have the right to
appeal to the local Construction Board of Appeals. If no such body
exists, appeals shall be made to the County Board of Appeals.
[Amended 2-7-2011 by Ord. No. 3-2011]
Enforcement, violations and penalties shall be in conformity
with the Uniform Fire Safety Act and the Uniform Fire Code.
