[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 3-26-1986 by Ord. No. 1642 (Ch. 66 of the 1975 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Smoke detectors — See Ch. 366.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 385),[1] the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Roselle.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency shall be the Fire Prevention Bureau of the Roselle Fire Department.
The local enforcement agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Roselle, 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 Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-192 et seq.
[Amended 5-23-2001 by Ord. No. 2132]
The local enforcing agency established by § 209-2 of this chapter shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs. All buildings classified by § 209-10 or any other regulations as "life hazard" shall pay registration fees to the New Jersey Department of Community Affairs. The fees remitted shall conform to those set forth in N.J.A.C. 5:70-2.9.
The local enforcing agency established by § 209-2 of this chapter shall be a part of the Roselle Fire Department.
A. 
The local enforcing agency shall be under the direct supervision of the Fire Official who shall be appointed by the Mayor and Council on the recommendation of the Fire Chief, as per the requirements as set forth in N.J.A.C. 5:71-4.3. The Fire Official shall hold the staff title of "Chief Inspector."
[Amended 5-23-2001 by Ord. No. 2132]
B. 
The Fire Official shall serve for a period of one year subject to reappointment by Mayor and Council on the recommendation of the Chief of the Fire Department.
A. 
Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by Mayor and Council on the recommendation of the Chief of the Fire Department.
B. 
Inspectors and other employees of the enforcing agency shall be subject to removal by Mayor and Council on the recommendation of the Fire Chief for violating any provision set forth in N.J.A.C. 5:71-4.6, the New Jersey Regulations for Fire Code Enforcement, New Jersey Administrative Code, Title 5, Chapter 18A.[1] 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 prior to final determination as to removal by Mayor and Council.
[Amended 5-23-2001 by Ord. No. 2132]
[1]
Editor's Note: Chapter 18A of Title 5 of N.J.A.C. is a reserved chapter.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcement agency (or agencies) shall have the right to appeal said order to the Construction Board of Appeals of Union County.
[1]
Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208.
A. 
The International Building Code 2006, New Jersey Edition, and its amendments and supplements shall be adopted in its entirety to be the Roselle Fire Prevention Code.
[Amended 5-23-2001 by Ord. No. 2132; 10-15-2008 by Ord. No. 2307-08]
B. 
The Life Safety Code shall be used in conjunction with the American Insurance Association (AIA Code), in conjunction with the Fire Prevention Code and Roselle Borough Code §§ 366-1 through 366-6. If any code and/or ordinance is in conflict with the Fire Prevention Code, the Fire Prevention Code shall prevail.
[Amended 10-15-2008 by Ord. No. 2307-08]
C. 
Roselle Borough Code § 46-98,[1] Fire lanes: Industrial, commercial and multifamily dwelling buildings shall have fire lanes and access drives as follows:
(1) 
An area designated by the Fire Official to provide access to any public or private structure(s) for efficient and effective use of the fire apparatus.
(2) 
The minimum width of a fire lane shall be 18 feet and clearly marked FIRE LANE — NO PARKING on both sides of the access drive. The words "fire lane" and "fire zone" shall be interchangeable.
(3) 
A ten-foot clearance will be maintained on either side of any Fire Department connection to a sprinkler or a standpipe siamese connection.
[1]
Editor's Note: This reference is to original Ch. 46, Building Construction, § 46-98, of the 1975 Code. Said chapter was repealed 11-8-2017 by Ord. No. 2571-17; see now Ch. 563, Construction Codes, Uniform.
D. 
Establishment and enforcement of fire zones:
(1) 
The Mayor and Council of the Borough of Roselle do hereby establish fire zones or fire areas upon all commercial, industrial and multidwelling property which are open to the public or to which the public is invited. A present list of the same is attached hereto and made a part hereof. Additional zones or areas may be approved from time to time by resolution of the Mayor and Council upon the recommendation of the Chief of the Roselle Fire Department.
(2) 
The fire zones or areas shall be established to ensure fire equipment and other emergency vehicles unobstructed means of ingress to and egress from such properties and the buildings, persons, vehicles, fire hydrants and standpipes thereon in case of fire or other emergency.
(3) 
Determination and description:
(a) 
The number, location, width, length and markings of such fire zones or areas shall be determined by the Fire Department with the approval of the Mayor and Council. The initial itemization of which is attached hereto and made a part hereof.
(b) 
A description showing the fire zones and fire areas shall be filed with the Police Department and the Borough Clerk.
(4) 
The Fire Department is hereby authorized to regulate, restrict and prohibit the parking and operation of motor vehicles to and near such fire zones or areas and to impose other regulations necessary to ensure that such areas are maintained free of obstructions. A copy of such regulations is attached hereto and made a part hereof.
(5) 
The fire zones of fire areas shall be clearly outlined and marked on the pavement or on the adjoining building wall area; or appropriate signs stating NO PARKING, FIRE ZONE shall also be installed where required.
(6) 
It shall be a violation of this subsection for anyone to park or stand a vehicle in a fire zone or fire area.
(7) 
The Police Department shall have jurisdiction to enforce the provisions of this subsection.
(8) 
Any person, firm or corporation being convicted of a violation of any of the provisions of this subsection shall be subject to a fine of $25.
(9) 
In addition to a fine, any vehicle blocking a fire lane may be towed to remove the obstruction.[2]
[2]
Editor's Note: Original Subsection E, regarding testing of underground storage of flammable liquids, of the 1975 Code, which immediately followed this subsection, was repealed 5-23-2001 by Ord. No. 2132.
E. 
All buildings equipped with automatic sprinkler and standpipe systems shall conform to Uniform Fire Code N.J.A.C. 5:70-4.7(a) through (k), inclusive. In addition to the above, the company or agency that is certifying the sprinkler system shall forward to the Roselle Fire Prevention Bureau a copy of said certifications.
[Added 5-24-1995 by Ord. No. 1974; amended 5-23-2001 by Ord. No. 2132]
In addition to the inspection and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional fees and inspections shall be required:
A. 
Class 1: Reserved.
B. 
Class 2:
[Amended 5-23-2001 by Ord. No. 2132]
(1) 
All multiple dwellings up to 10 units.
C. 
Class 3:
[Amended 5-23-2001 by Ord. No. 2132]
(1) 
All multiple dwellings from 11 units to 50 units, unless otherwise provided by state statutes, rules or regulations.
D. 
Class 4:
[Amended 5-23-2001 by Ord. No. 2132]
(1) 
All multiple dwellings from 51 units to 100 units, unless otherwise provided by state statutes, rules or regulations. Inspection Schedule.
E. 
Class 5:
[Amended 5-23-2001 by Ord. No. 2132]
(1) 
All multiple dwellings over 100 units.
[Amended 5-23-2001 by Ord. No. 2132]
All inspections Class 1 to Class 5 shall be inspected for compliance with the provisions of this code periodically, but not less often than specified herein:
Class
Inspection Schedule
Fee
Class 1
(Reserved)
(Reserved)
Class 2
Once every 12 months
$50
Class 3
Once every 12 months
$75
Class 4
Once every 12 months
$100
Class 5
Once every 12 months
$200
[Amended 5-23-2001 by Ord. No. 2132]
A. 
The permit fees presently established by the Uniform Fire Code are hereby adopted by the Borough of Roselle as follows:
[Amended 10-15-2008 by Ord. No. 2307-08; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Type
Fee
1
$54
2
$214
3
$427
4
$641
5
(Reserved)
B. 
In addition, a permit will be required for the following:
(1) 
Use of hydrants. A no-fee permit shall be required for the use of any hydrant.
C. 
The following fees are required for copies of all reports, documents and statements: $3 per page for copies.
[Added 5-23-2001 by Ord. No. 2132; amended 12-16-2009 by Ord. No. 2337-09]
The enforcing authority may assess, levy, and collect penalties to insure compliance with this code. No penalty shall be imposed except upon issuance of a written order requiring abatement and the allowance of a reasonable specified period in which to comply, unless clear notice of violation otherwise exists. With the exception of a clear violation, penalties shall not be imposed unless notice has been provided in conformance with the provisions of N.J.A.C. 5:70-2.11. The maximum penalty for any act or omission in violation of Chapter 209 shall be as follows:
A. 
A violation of § 209-11 shall carry a maximum penalty of imprisonment in the county jail or in any place provided by the Borough for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community services not exceeding 90 days.
B. 
A violation of any other provision of Chapter 209 shall be in conformance with the penalties set forth in N.J.A.C. 5:70-2.12.