Borough of Netcong, NJ Fire Prevention

CHIEF FIRE OFFICIAL/FIRE MARSHAL

Definitions. The definitions contained within the New Jersey Uniform Fire Code shall be included herein by reference and shall be applicable to this chapter.

AGRICULTURAL BURNING

The burning of herbaceous or infested plant life, the burning of orchard prunings and cuttings, prescribed burnings and the clearing of agricultural land by burning.

A person certified by the Commissioner of the Department of Community Affairs and appointed by the Borough Council. The terms "Fire Official" and "Fire Marshal" shall be interchangeable.

FALSE FIRE ALARM ACTIVATION

An alarm signal necessitating response by the Netcong Borough Fire Department where investigation fails to discover an emergency situation.

FIRE ALARM SYSTEM

A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.

FIRE LANE

A road or other passageway developed to allow the passage of fire apparatus. A fire lane is designated by the Fire Official and properly posted and marked in accordance with this chapter. The terms "fire lane" and "fire zone" shall be interchangeable.

GREASE LADEN VAPORS

Vapors produced when cooking and/or preparing foods that contain animal fat, vegetable shortening, and other such oily matter.

MOBILE FOOD VENDOR

A unit of closed construction designed to be driven or towed from place to place, with equipment to cook, prepare, serve, or sell food. This shall include, but not limited to, mobile canteens, food trucks, food trailers, and food carts.

OPEN BURNING

The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

OUTDOOR FIREPLACE

An outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. An outdoor fireplace may be portable, open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

PERMIT

An official document or certificate issued by the Fire Official that authorizes performance of a specified activity

RECREATIONAL FIRES

An outdoor fire burning of materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

Agency designation. The local enforcing agency shall be the Bureau of Fire Prevention within the Fire Department of the Borough of Netcong established by § 157-2.

Duties. The local enforcing agency shall enforce the Uniform Fire Safety Act[2] and the codes and regulations adopted under it and all buildings, structures and premises within the established boundaries of the Borough of Netcong other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Safety Code.

[2]

Editor's Note: See N.J.S.A. 52:27D-192 et seq.

Life-hazard uses. The local enforcing agency established by Subsection B hereof shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioners of Community Affairs.

Organization. The local enforcing agency established by Subsection B hereof shall be part of the Fire Department, and the Fire Official shall serve as the Chief Administrator of the Fire Prevention Bureau. The Fire Official will be under the direct supervision of the Borough Administrator and shall be appointed by the Borough Council with consideration to the recommendation of the Fire Chief and Borough Administrator.

Appointments; term of office; removal.

The local enforcing agency shall be under the direct supervision of a Fire Official who shall be appointed by the Borough Council with consideration to the recommendation of the Fire Chief and Borough Administrator. Prior to the appointment of the Fire Official, the Fire Department may submit nonbinding advisory recommendations to the Mayor and Borough Council.

The Fire Official shall serve for an indeterminate term of office.

Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Borough Council upon the recommendation of the Fire Official. Prior to such appointments, the Fire Department may submit nonbinding advisory recommendations to the Mayor and Borough Council.

(4)

Inspectors and other employees of the local enforcing agency shall be subject to removal by the Mayor and Borough Council in the same manner as all other Borough employees.

Board of Appeals. Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[3] any person aggrieved by an order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the County of Morris.

[3]

Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.

§ 157-2 Establishment and duties of the Bureau of Fire Prevention.

The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Borough of Netcong, which is hereby established and which shall be operated under the supervision of the Fire Official.

The Chief Fire Official (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Borough Council on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause.

The Fire Official and the Chief of the Fire Department shall recommend to the Mayor and Borough Council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term, with removal only for cause.

A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Borough Administrator; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein.

§ 157-3 Non-life-hazard use inspections/registration fees.

Whenever the Fire Official shall have cause to believe that a building or business would require an annual fire prevention inspection, and the building or business is not a life-hazard use, the owner of the building or business, if not already registered, shall fill out a registration form provided by the Fire Prevention Bureau. Each calendar year a business must register with the Fire Prevention Bureau and are subject to an annual non-life-hazard registration fee. The owner shall pay to the Fire Prevention Bureau and return the required registration form, within 30 days of receiving the written notice to register. The fees shall be based upon the square footage of the use. The fees are as follows:

Premises under 3,000 square feet: $65.

Premises over 3,000 square feet and under 6,000 square feet: $150.

Premises over 6,000 square feet and under 12,000 square feet: $250.

(4)

Premises over 12,000 square feet: $400.

(5)

Common areas, hallways, garages, storage areas: $50.

Portions of churches and religious facilities are exempt from these fees.

§ 157-4 Secured opening key boxes.

Installation. When a property is protected by an automatic alarm system or sprinkler system, and access to or within a structure or an area on that property is impeded by secured openings, and where immediate access might become necessary for lifesaving or firefighting purposes, the Fire Official may require a key box to be installed in an approved location. The key box shall be a type approved by the Fire Official and shall be installed at the expense of the property owner.

Contents.

The key box shall contain:

(a)

Keys to locked points of ingress whether on the interior or exterior of such buildings.

(b)

Keys to locked mechanical equipment rooms.

(c)

Keys to locked electrical rooms.

(d)

Keys to elevator controls.

(e)

Keys to other areas as directed by the Fire Official.

(f)

Other material as directed by the Fire Official.

All keys shall be clearly labeled or marked to identify the door they open or devices they operate.

Application. This subsection applies to both existing and future structures but shall not apply to any residential units.

Before installing any key box required by this subsection, the property owner shall make written request of the Fire Official to designate or approve the proposed location.

§ 157-5 Fire lanes and zones.

Designation. The Fire Official, in consultation with the Fire Chief, may designate fire lanes and zones on private property to which the public is invited or which is devoted to public use, if such designation is necessary to provide safety for the public or to provide proper access for first responder operations in an emergency.

Notification. Whenever a proposed fire lane or zone has been designated, the Fire Official shall notify the owner of the property, in writing, by registered or certified mail, or by hand delivering notice, describing the area to be designated and the reason for the designation. Notification as specified in this section shall not be required when fire lanes or zones are designated through the land development approval process.

Delineation. Delineation of fire lanes and zones shall be completed by the owner at the owner's expense using signs and striping required by this section and shall be accomplished within 30 days after receipt of the notification of designation. Upon approval of the completed delineation, the Fire Official shall maintain a description or plan of the fire lane on file in the Fire Prevention Bureau. All fire lanes and zones shall be at a minimum delineated using signage and striping in the following manner:

Signs.

(a)

Signs shall be 12 inches wide by 18 inches high with a minimum of two-inch-high lettering.

(b)

White retroreflective material shall be used for the sign background in accordance with the current edition of the Manual on Uniform Traffic Control Devices.

(c)

Legend shall be red in color in accordance with the current edition of the Manual on Uniform Traffic Control Devices.

(d)

Signs, whether wall or post-mounted, shall be placed at the beginning and end of the lane or zone and at such intervals as required by the Fire Official, but not spaced more than 100 feet apart.

(e)

Whenever a fire lane changes angle or direction, additional signs may be required at the discretion of the Fire Official or the Municipal Fire Subcode Official to ensure adequate visible signage along the fire lane.

(f)

Signs shall be placed at a height of seven feet as measured from the ground surface to the bottom of the sign and placed perpendicular to the direction of the traffic flow so that the sign is facing oncoming traffic. If traffic flows in two directions, signs shall be placed parallel to the direction of traffic flow. Signs may be placed upon existing supports. If a sign is placed on an existing support below an existing sign, the sign shall not project more than four inches into the pedestrian facility.

(g)

Signs shall read: "No Parking Fire Lane" or "No Parking Fire Zone."

(h)

A single-headed arrow shall point in the direction in which the regulation is in effect if the sign is at the end of a lane or zone. A double-headed arrow pointing in both directions shall be used if the sign is at an intermediate point along a lane or zone.

Striping.

(a)

Paint for pavement striping and lettering shall be yellow traffic paint.

(b)

Fire lanes and zones shall be delineated by painting the curb yellow and by striping the lane or zone a minimum of 12 feet wide or preferably 18 feet wide, if feasible, as designated and approved by the Fire Official.

(c)

Each yellow diagonal stripe shall be four inches wide and spaced five feet apart throughout the lane or zone. The diagonal stripes should form an angle of approximately 60º with the longitudinal lines or curb that they intersect. The perimeter of the lane or zone shall also be striped with a four-inch yellow stripe.

(d)

If so, designated by the Fire Official, a striped legend of "No Parking Fire Lane" or "No Parking Fire Zone" shall be placed within the fire lane or zone facing away from the curb or wall at a minimum of one-hundred-foot intervals to further identify the area designated. The lettering of the striped legend shall be 18 inches high and placed within the center of the fire lane or zone.

Existing conditions. At the time of the enactment of this section, any and all properties within the Borough that exhibit fire lane or zone delineation other than in the manner specifically noted above, shall be held valid for the purposes of Subsection G if the fire lane or zone is clearly indicated as to its purpose.

Maintenance. As fire lane or zone signs, striping, and all else necessary for delineation weathers fades, and otherwise becomes damaged, illegible, or subject to maintenance, alteration, or replacement, it shall be the responsibility of the property owner, at their own expense, to ensure that all fire lanes and zones are brought into compliance with Subsection C. The Fire Official may notify the owner of any delineation in need of maintenance, and the owner shall then have 30 days to comply with the maintenance request.

Fire hydrants and Fire Department connections. Immediate access to Fire Department connections, public and private fire hydrants shall be maintained at all times without any obstruction. A working space clearance of not less than 36 inches in width and 36 inches in depth and 78 inches in height shall be provided and maintained in front of and to the sides of all wall-mounted Fire Department connections and around the circumference of freestanding Fire Department connections, public and private fire hydrants.

Obstructions. It shall be unlawful for any person to park or leave standing any vehicle or place any obstruction on lands, whether publicly or privately owned, after notice has been posted as hereinafter provided prohibiting such parking, standing or obstruction.

Enforcement. The Netcong Police Department shall have jurisdiction to enforce the provisions of this article by the issuance of a parking summons to vehicles found violating this chapter.

§ 157-6 Fire alarm systems.

Applicability. This section applies to local and monitored fire alarm systems in any structure other than one- or two-family dwellings.

Evacuation of premises. When a fire alarm is activated in any building containing a fire alarm system, all occupants shall immediately leave the structure or follow a written fire evacuation plan that has been previously approved by the Fire Official. Once notified, no persons shall enter or reenter, until authorized to do so by the local Fire Department.

Prohibited acts; resetting or silencing fire alarm systems. Activated fire alarms systems which result in the dispatch of the local Fire Department shall not be reset or silenced without the approval from a responding Fire Department representative.

Notification. The building owner or representative shall notify the Netcong Borough Bureau of Fire Prevention any time the building's fire alarm system operates in a trouble or supervisory mode or when any maintenance or work is being performed on the building's fire alarm system. Twenty-four-hour advance notification is required to the Netcong Borough Bureau of Fire Prevention any time a fire alarm system is tested, repaired, altered, or for any fire/evacuation drill.

False fire alarms. The Borough Fire Official may levy and collect penalties in the amounts hereinbelow set forth in the event of a false fire alarm activation. The penalty shall be imposed in accordance with the following schedule for any false fire alarm activations occurring within any calendar year.

First or second false alarm within same calendar year: warning only.

Third and fourth false alarm within same calendar year: $100.

Fifth or subsequent false alarm within same calendar year: $500.

§ 157-7 Open burning.

Applicability. This section applies to all properties in Netcong Borough.

Open burning. Open burning shall be prohibited without first obtaining a permit from the State Forest Fire Service of the New Jersey Department of Environmental Protection as well as a permit from the Netcong Borough Bureau of Fire Prevention as per N.J.A.C. 5:70-2.7. Open burns/bonfires shall not be conducted within 50 feet of a structure or combustible material. The fire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours. Fuel for the fire shall consist only of seasoned dry firewood.

Recreational fires. Recreational fires are permitted when utilizing only seasoned dry firewood and shall not be conducted within 25 feet of a structure or combustible material.

Outdoor fireplace. Outdoor fireplaces are permitted when being used in accordance with the manufacturer's instructions, utilizing only seasoned dry firewood and shall not be conducted within 15 feet of a structure or combustible material. Outdoor fireplaces shall not be used or stored on combustible balconies or decks. The Fire Official shall review and approve all construction applications with outdoor fireplaces setback requirements.

Agricultural burning. Agricultural burning shall be prohibited without first obtaining a permit from the State Forest Fire Service in the New Jersey Department of Environmental Protection.

Extinguishment. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the Bureau of Fire Prevention staff or a representative of the local Fire Department is authorized to order the extinguishment of the open burning operation.

Attendance. Open burning, recreational fires, and all outdoor fireplaces shall be constantly attended until the fire is extinguished.

Waste disposal. Open burning, recreational fires, and outdoor fireplaces shall not be utilized for waste disposal purposes, including, but not limited to, rubbish, garbage, leaves, waste vegetation, and construction debris.

§ 157-8 (Reserved)

§ 157-9 Fire safety permits.

Permits shall be required and obtained from the Netcong Borough Bureau of Fire Prevention for activities specified in N.J.A.C. 5:70-2.7. The permit fees established by the New Jersey Uniform Fire Code shall be the required permit fees as provided in N.J.A.C. 5:70-2.9(c). All permit applications shall be submitted a minimum of two weeks prior to the activity date. Failure to submit the application two weeks prior will result in denial of the application. The Fire Official may revoke a permit or approval issued under the provisions of the NJ Uniform Fire Code if upon inspection any violation of the code exists, or if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to material fact in the application, data or plans on which the permit or approval was based.

§ 157-10 Enforcement; violations and penalties.

Authority to enforce. The Netcong Borough Bureau of Fire Prevention shall be the enforcing agency of this chapter.

Violations. Each violation shall constitute a separate and distinct offense independent of the violation of any other section. Each day of violation shall constitute an additional, separate, and distinct offense.

Penalties. Penalties will be enforced as per N.J.A.C. 5:70-2 unless otherwise noted below.

Violation of § 157-10, Non-life-hazard use inspection fees. Any person violating any of the provisions of this section shall, for each offense, be subject to a fine of double the amount of the applicable non-life-hazard use inspection fee.

Violation of § 157-13, Fire alarm systems. Any person violating any provisions of § 157-13B and C shall, for each offense, be subject to a fine of not less than $1,000. Any person violating any of the provisions of § 157-13D shall, for each offense, be subject to a fine of not less than $100.

Violation of § 157-14, Open burning . Any person violating any of the provisions of this section shall, for each offense, be subject to a fine of not less than $1,000.

Appeals. Pursuant to the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal within 15 days to the Construction Board of Appeals of the County of Morris.

Article II Fire Control

§ 157-11 Adoption of fire control measures and regulations.

There is hereby adopted by the Borough of Netcong the fire control measures and regulations as herein set forth for the purposes of controlling conditions which could impede or interfere with fire-suppression forces.

§ 157-12 Authority at fires and other emergencies.

The fire official or duty authorized representatives, as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property, is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fire, gas leaks or other hazardous conditions or situations or to take any other action necessary in the reasonable performance of their duty. The fire official may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The fire official may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not re-enter the area until authorized to do so by the fire official.

§ 157-13 Interference with Fire Department operations.

It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path or travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere with, obstruct or hamper any Fire Department operation.

§ 157-14 Compliance with orders.

A person shall not willfully fail or refuse to comply with any lawful order or direction of the fire official or to interfere with the compliance attempts of another individual.

§ 157-15 Vehicles crossing fire hose.

A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the fire official in command of said operation.

§ 157-16 Authorized emergency vehicles designated.

Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.

§ 157-17 Operation of vehicles upon approach of authorized emergency vehicles.

Upon the approach of any authorized emergency vehicle, giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the fire official or a police officer.

§ 157-18 Vehicles following fire apparatus.

It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than 300 feet from any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.

§ 157-19 Unlawful boarding of or tampering with equipment,

A person shall not without proper authorization from the fire official in charge of said Fire Department emergency equipment cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or to manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.

§ 157-20 Damage or injury to Fire Department vehicles or personnel.

It shall be unlawful for any person to damage or deface or attempt or conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt to injure or conspire to injure Fire Department personnel while performing departmental duties.

§ 157-21 Operation of emergency vehicles.

The driver of any emergency vehicle, as defined in § 157-6 of this chapter, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as, but not restricted to, move-ups do not constitute an emergency call.

The driver of an emergency vehicle may:

Park or stand irrespective of the provisions of existing traffic regulations.

Proceed past a red or stop signal or other sign, but only after slowing down as may be necessary for safe operation.