City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance also repealed former Ch. 88, Fire Prevention, adopted 7-17-2012 by Ord.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.
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:
[Amended 9-28-2015 by Ord. No. 44-2015]
Use Group
Annual Fee
Business Use Group
B-1, 100 to 1,500 square feet
$24
B-2, 1,500 to 2,499 square feet
$36
B-3, 2,500 to 6,999 square feet
$72
B-4, 7,000 to 9,999 square feet
$150
B-5, over 10,000 square feet
$210
Factory Use Group
F-1, under 4,000 square feet
$120
F-2, 4,000 square feet and over
$180
Mercantile Use Group
M-1, under 4,000 square feet
$60
M-2, over 4,000 square feet
$120
Storage Use Group
S-1, under 2,500 square feet
$60
S-2, 2,500 square feet to 7,000 square feet
$96
S-3, over 7,000 square feet
$180
Residential Use Group
R-A, non-owner-occupied 2-family units
$36
R-B, 3 to 6 units
$54
R-C, 7 to 12 units
$75
R-D, 13 to 19 units
$200
R-E, 20 to 39 units
$360
R-F, 40 to 80 units
$425
R-G, over 80 units
$500
Utilities Use Group
U-1, under 2,500 square feet
$35
U-2, 2,501 square feet to 4,000 square feet
$75
U-3, over 4,000 square feet
$100
Testing and inspection of standpipe system when Fire Department Engine Company required
$300
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 detector and carbon monoxide alarm compliance 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 $50 and receive an inspection of same. Inspection failure, or a no-show of appointment, shall result in an additional fee of $50 for reinspection. Fees are nonrefundable.
[Added 9-28-2015 by Ord. No. 44-2015]
The following amendments, modifications and supplements to the State Fire Prevention Code are hereby enacted:
A. 
Insurance reports (supplement to code Section F-300.1.1). 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.
B. 
(Reserved)
C. 
Cooking on balconies (supplement to code Section F-307). 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.
D. 
Fire lanes/fire zones (supplement to code Section F-311). Other than one- and two-family dwellings, where private property is developed with driveways or parking areas, the following provisions shall apply:
(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 $82.
(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.
(4) 
Parking is prohibited in front of any Fire Department siamese connection, under any fire escape, and in front of any exit doors. Violators are subject to summons and, at the discretion of the Fire Official, vehicle removal in accordance with Subsection D(3) of this section.
E. 
Stair designation (supplement to code Section F-504). Every owner of an apartment 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.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIRE DEPARTMENT EMBLEM
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.
FIRE OFFICIAL
The City of Hackensack Fire Official or his designated representative.
OWNER/OCCUPANT
Any person, individual, firm, partnership, corporation or other entity having a legal, equitable or leasehold interest in a building or structure.
TRUSS-TYPE CONSTRUCTION
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.
E. 
Registration. Upon receipt of notice as set forth in § 88-7D(2) of this chapter, the owner/occupant shall register the location of his building at the City of Hackensack Bureau of Fire Prevention and shall receive approval prior to the purchase or installation of any Fire Department emblem.
F. 
Penalties. Any person who shall violate any of the provisions of this section or who shall fail to comply with any of the requirements thereof shall be subject to the penalties set forth in § 1-15 of the Municipal Code.
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;
(1) 
Hazardous effects.
(2) 
Proper extinguishing methods.
(3) 
Cautions.
(4) 
Treatment of possible injuries from hazardous substances.
(5) 
All types of safety methods to employ with the substances.
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.