[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 2-11-2003 by Ord. No. 2003-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 14.
Police Department — See Ch. 28.
Alarm systems — See Ch. 41.
Fire insurance claims — See Ch. 59A.
Housing standards — See Ch. 70.
[1]
Editor's Note: This ordinance superseded former Ch. 60, Fire Prevention, which consisted of Art. I, Bureau of Fire Prevention, adopted 12-9-1963, as amended; Art. II, Enforcement and Administration, adopted 7-23-1985 by Ord. No. 85-9, as amended; Art. III, Fire Key Boxes, adopted 4-9-1991 by Ord. No. 91-5; and Art. IV, Smoke Detectors, adopted 5-13-1992 by Ord. No. 92-13.
Pursuant to N.J.S.A. 52:27D-192 et seq. (the
Uniform Fire Safety Act), the New Jersey Uniform Fire Code shall be
locally enforced in the Borough of Park Ridge.
The local enforcing agency for the provisions of the New Jersey Uniform Fire Code shall be the Fire Prevention Bureau of the Borough of Park Ridge. The local enforcing agency for the provisions § 60-16 shall be the Police Department and/or the Fire Prevention Bureau of the Borough of Park Ridge.
The Bureau of Fire Prevention shall enforce
the Uniform Fire Safety Act and the codes and regulations adopted
thereunder in all buildings, structures and premises within the established
boundaries of the Borough of Park Ridge, other than owner-occupied
one- and two-family residential dwellings, and shall faithfully comply
with the requirements of the Uniform Fire Safety Act and the Uniform
Fire Code.
The Bureau of Fire Prevention shall carry out
periodic inspections of life-hazard uses as required by the Uniform
Fire Safety Code on behalf of the Commissioner of the Department of
Community Affairs.
A.
Creation of position of Fire Official. There is hereby
created the position of Fire Official, who shall be appointed by the
Mayor with the advice and consent of the Council. The appointment
shall be made with regard to a list of three candidates submitted
by the Chief of the Park Ridge Volunteer Fire Department, the Fire
Subcode Official and the Fire Commissioner.
B.
Term of office of Fire Official. The Fire Official
shall serve for a term of three years. Any vacancy shall be filled
as soon as possible for the unexpired term as allowed by law.
C.
Creations of the position of Fire Inspector. Fire
inspectors as may be necessary in the Bureau of Fire Prevention shall
be appointed by the Mayor with the advice and consent of the Council
and with regard to the recommendation of the Fire Official.
D.
The term of office of Fire Inspector. The Fire Inspector
shall serve for a term of three years. Vacancies may be filled at
the recommendation of the Fire Official by the Mayor with the advice
and consent of the Council. The number of inspectors shall be determined
based on a recommendation of the Fire Official to the Mayor and Council.
E.
Removal from office. The Fire Official, Inspectors
and other employees shall be subject to removal by the Mayor and Council
for inefficiency or misconduct. Each Inspector and employee to be
so removed shall be afforded an opportunity to be heard by the appointing
authority or a designated hearing officer.
Pursuant to N.J.A.C. 5:7-2.19 et seq. of the
Uniform Fire Safety Code, any person aggrieved by any order or decision
of the Bureau of Fire Prevention shall have the right of appeal to
the Construction Board of Appeals of Bergen County.
In addition to the inspections set forth for
life-hazard uses, all remaining buildings, structures and premises
within the established boundaries of the Borough of Park Ridge, other
than owner-occupied one- and two-family residential dwellings, shall
be inspected annually. Other inspections shall be made upon receipt
of a complaint or other reason to believe a violation of the Uniform
Fire Code exists.
A.
Fees for inspections are hereby established and shall
cover the operating costs of the Fire Prevention Bureau and shall
be paid on an annual basis by schedule established and announced by
the Fire Prevention Bureau by January 1 of each year. Amounts of the
fees thereof shall be as set and adopted, as required, by resolution
of the Mayor and Council.
B.
Permit fees established pursuant to, and in the amounts
of, the Uniform Fire Code [N.J.A.C. 5:70-2.9(c)] shall be adopted
by resolution of the Mayor and Council.
C.
The application fee for certification of smoke detector
compliance (CSDC) and carbon monoxide detector compliance (SMDC) shall
be as set and adopted, as required, by resolution of the Mayor and
Council.
[Added 12-23-2003 by Ord. No. 2003-14]
Any person or persons who violate any provision
of this chapter or of the Uniform Fire Safety Act shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment
for a term not exceeding 90 days, or both.
A.
Smoke detectors shall be required in all residential
buildings and all buildings of mixed use where residential use is
included. The regulations for the maintenance of rooming and boarding
houses (Rooming and Boarding House Act, N.J.A.C. 5:27 et seq.), hotels
and multiple dwellings (Hotel and Multiple Dwellings Act), Uniform
Fire Code (N.J.A.C. 5:23 et seq.) and the National Fire Protection
Association (NFPA 72) concerning smoke detectors and smoke alarms
is hereby incorporated by reference to determine the type of equipment
and placement requirements. In circumstances where a need for detectors
is not defined in the preceding sentence, the determination of need
and placement of detectors shall be at the discretion of the Fire
Official.
B.
Carbon monoxide detectors shall be required, installed
and maintained in accordance with the requirements of the Borough
of Park Ridge and related state law. Compliance with the carbon monoxide
detector requirements shall be done in a similar manner as the smoke
detector requirements.
C.
Fire extinguishers shall be required in all one- or
two-family homes. The fire extinguishers shall be of the ABC-rated
chemical fire extinguisher, not less then 2 1/2 pounds nor more
than 10 pounds. The fire extinguishers must have been inspected within
the past 12 months with an inspection tag attached. The fire extinguisher
must be wall mounted within 10 feet of the kitchen in the premises.
[Added 12-13-2005 by Ord. No. 2005-29]
In order to ensure compliance with the provisions
of N.J.S.A. 52:27D-198.2, no residential structure used by not more
than two households shall be sold, leased or otherwise made subject
to a change of occupancy for residential purposes prior to or until
the owner shall obtain a certificate of smoke detector compliance
from the Fire Official.
Prior to any change of occupancy as set forth in § 60-10 of this article, the owner or authorized agent of the owner of the residential premises shall apply for a certificate of smoke detector compliance to the Fire Official on a form provided by the Fire Official. The application shall be accompanied by a fee, in accordance with § 60-8, to cover the cost of administration of the smoke detector compliance requirements of N.J.S.A. 52:27D-198.2 et seq.
[Amended 12-13-2005 by Ord. No. 2005-29]
The Fire Official may accept in lieu of inspection
a certification approved by the Fire Official that the smoke detector/carbon
monoxide detector/fire extinguishers required herein have been installed
and tested in accordance with N.J.A.C. 5:70-4.19 or such other regulations
that are in effect at the time of the inspection. The certification
shall be upon forms approved by the Fire Official of the Borough of
Park Ridge. This certification must be made by the owner or duly authorized
agent of the owner. The certification may be rejected in the sole
discretion of the Fire Official if, in his opinion, an inspection
is required.
The Fire Official shall issue a certificate
of smoke detector compliance upon approval of a certification of compliance
or after an inspection of the premises showing compliance.
No person shall smoke or carry a lighted cigar,
cigarette, pipe, match or open flame in areas prohibited by the Bureau
of Fire Prevention. Every person or his agent having control of premises
upon which prohibition is established by this section shall conspicuously
display upon the premises a sign reading "no smoking."
(Reserved)
As used in this article, the following terms
shall have the meanings indicated:
An area designed by the Fire Official and properly posted
and marked in accordance with this article. The terms "fire zone"
and "fire lane" shall be interchangeable.
The Borough of Park Ridge Fire Official or his or her designated
representative; as defined in N.J.A.C. 5:70, the New Jersey State
Uniform Code.
A.
Fire zones on public property shall be designated
and/or approved by the Fire Official.
B.
Fire lanes/zones on private property.
(1)
Designation. The Fire Official may designate, and
the Fire Chief and Police Chief may recommend to the Fire Official,
fire lanes on private property to which the public is invited or which
is devoted to public use, if it is necessary to provide safety for
the public or to provide proper access for Fire Department operations
in the event of any emergency.
(2)
Fire Zones may also be designated during the planning/zoning
site plan approval process.
(3)
Notification. Whenever a determination has been made
for the fire lane designation, pursuant to this chapter, the Fire
Official shall notify the owner of the property, in writing, by registered
or certified mail or by hand delivering such notice, specifically
describing the area designated and the reason for making the designation.
C.
The marking of fire zones shall be the responsibility
of and at the expense of the owner and shall be accomplished within
30 days of receipt of the notification. Suitable signs and/or markings
bearing the words "No Parking or Standing - Fire Zone" shall be posted
and marked and striped in accordance with standards established by
the Fire Prevention Bureau and shall be properly maintained on said
lands by the owner, occupant, lessee or licensee thereof where this
article is effective and as approved by the Fire Official. Defacing,
tampering with or damaging such signs or allowing them to deteriorate
so as to reduce their effectiveness to notify when posted shall constitute
a violation of the article.
D.
A current, detailed listing of the designated fire
zones and fire lanes within the boundaries of this Borough shall be
kept on file with the Borough Clerk and in the Fire Prevention Bureau
office.
E.
Removal of obstructions. A police officer shall remove
or have removed such obstructions or vehicles as may violate this
article at the expense of the owner of the premises, in the case of
obstructions, or at the expenses of the owner of the vehicle.
All fire zones located within the Borough of
Park Ridge shall be striped, and/or have signs posted, at the discretion
of the Fire Official, in the following manner:
A.
Signs.
(1)
All signs shall be 12 inches wide by 18 inches high
in size.
(2)
Light-reflective material shall be used for the sign
background and lettering.
(3)
All signs, whether wall- or post-mounted, shall be
placed not more than 100 feet center to center. Whenever the fire
zone changes angle or directions more than 60°, a sign shall be
visible from another sign. Additional signs may be required at the
discretion of the Fire Prevention Bureau, the Municipal Fire Subcode
Official or the Park Police Department.
(4)
The sign shall be placed at a height of seven feet
as measured from the ground surface to the bottom of the sign at a
forty-five-degree angle facing the direction of flow. If the traffic
flow is bidirectional, then the sign shall be placed parallel to the
traffic flow.
(5)
The fire zone sign shall state: "NO PARKING OR STANDING--FIRE
ZONE."
B.
Striping.
(1)
Paint for all fire zone striping and lettering shall
be in yellow paint.
(2)
Each individual stripe shall be four inches in width.
(3)
All fire zones shall be striped to a width of four
feet, or as otherwise designated by the Fire Official.
(4)
All fire lanes shall be striped to a width of 12 feet,
or as otherwise designated by the Fire Official.
(5)
The legend "NO PARKING--FIRE ZONE" shall be placed
within the striped outer boundary lines of the zone at a minimum of
one-hundred-foot intervals.
(6)
The lettering of the legend shall be 1.8 inches in
height and shall be placed within the center of the fire zone.
(7)
Paint for all parking space and loading zone delineations
shall be in white paint.
(8)
Paint for all handicapped parking space delineations,
including the universal handicapped logo, shall be in blue paint,
said logo to be a minimum of two feet in height.
(9)
The color yellow shall be reserved solely for the
purpose of marking fire zones/lanes. Striping, space marking and/or
curb marking for purposes other than fire zones/lanes shall not be
the color yellow.
Pursuant to N.J.A.C. 5:70-2 et seq., violation
of the Fire Prevention Ordinance is punishable by monetary penalties
of not more than $5,000 per day per violation. Penalties must be paid
in full within 30 days of receipt of an order to pay penalty and abate
violations. If not paid within 30 days of receipt of the notice, the
Bureau will proceed to collect the penalty and abate violations. If
not paid within 30 days of receipt of the notice, the Bureau will
proceed to collect the penalty in a civil action by summary hearing
under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.) in the
appropriate municipal, county or state Superior Court.
[Amended 6-24-2014 by Ord. No. 2014-013]
A.
Except as set forth in Subsection B hereof, it shall be unlawful for any person to park, stop or stand any motor vehicle or to otherwise place or store material or obstruct any fire zone.
B.
The following vehicles shall be permitted to park,
stop or stand in fire zones:
C.
Any person,
company, corporation, proprietorship, partnership association or other
business entity that shall park, stop or stand a motor vehicle or
otherwise obstruct a fire zone shall be subject to a fine, upon conviction,
for a first violation in an amount not to exceed $100 and, upon conviction
for a second violation, to a fine in an amount not to exceed $200
or to be confined to the county jail for a period not exceeding 30
days, or both.
D.
In any
instance where a fire zone shall be obstructed by the storage or placement
of material therein, each day in which such obstruction shall occur
shall be considered a separate violation.
[Amended 4-10-2007 by Ord. No. 2007-8]
When access to or within a structure or an area
is unduly difficult because of secured opening(s) or where immediate
access is necessary for lifesaving or fire-saving purposes, the Fire
Chief, the Fire Official or the Fire Subcode Official, where appropriate,
may require a key box and/or a key switch to be installed at the owner's
or tenant's expense in an accessible location. The key box and/or
key switch shall be of a type approved by the Fire Official or Fire
Subcode Official, as appropriate, so that all key access of this type
within the Borough of Park Ridge may be accomplished with the use
of one unified system. The key box shall contain a key(s) to gain
necessary access required by the Fire Department. All key boxes shall
be large enough to contain the required number of keys and must be
approved by the Fire Official and/or Fire Subcode Official. The key
switch shall conform to the current key access system as set forth
in this chapter.
[Amended 4-10-2007 by Ord. No. 2007-8]
Installation of a key box and a key switch shall
be in accordance with the specifications maintained and approved by
the Borough of Park Ridge Fire Official and Borough of Park Ridge
Fire Subcode Official as required. The Borough Fire Official and Borough
Fire Subcode Official shall have the authority to implement a uniform
system throughout the Borough so that access to the designated key
boxes and key switches may be accomplished by the utilization of one
uniform key system.
The enforcement of the provisions of this article
shall be the responsibility of the Fire Official in accordance with
the provisions of the Uniform Code of the State of New Jersey.
If any section, part of any section, or clause
or phase of this chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the remaining provisions of this chapter.
The governing body of the Borough of Park Ridge declares that it would
have passed the chapter and each section and subsection thereof, irrespective
of the fact that may any one or more of the subsections, sentences,
clauses, clauses or phrases may be declared unconstitutional or invalid.
This chapter shall take effect immediately upon
passage and publication according to law.
