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Borough of Woodland Park, NJ
Passaic County
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Table of Contents
Table of Contents
[Ord. No. 85-5 § I]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383) the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Woodland Park.
[Ord. No. 85-5 § II]
The local enforcing agency shall be the Bureau of Fire Prevention which shall consist of a Chief Combustible Inspector and two (2) Combustible Inspectors who shall be appointed by the Mayor upon recommendation of the Chief of the Fire Department and they shall hold office for a period of eighty (80) full working days in a one (1) year period. The Bureau shall also consist of a Fire Official and such additional personnel as may be necessary to carry out any inspection activity in the Borough.
[Ord. No. 85-5 § III]
The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the Borough of Woodland Park, other than detached 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.
[Ord. No. 85-5 § IV]
The local enforcing agency established by Subsection 23-1.1 of this section shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs.
[Ord. No. 85-5 § V]
The local enforcing agency established by Subsection 23-1.1 of this section shall be a part of the Woodland Park Fire Department.
[Ord. No. 85-5 § VI]
The local enforcing agency shall be under the supervision of a Fire Official who shall be appointed by the Mayor. In making this appointment the Mayor shall make the appointment from among a list of three (3) recommendations provided by the Fire Chief.
[Ord. No. 85-5 § VII]
The Fire Official shall serve for a term of one (1) year.
[Ord. No. 85-5 § VIII]
The Mayor shall appoint such inspectors and such additional personnel as may be necessary to carry out all required inspection activity in the Borough. Such inspectors shall be under the supervision and control of the Fire Official.
[Ord. No. 85-5 § IX]
Inspectors and other employees of the Borough shall be subject to removal by the Mayor for inefficiency or misconduct. 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.
[Ord. No. 85-5 § X]
Pursuant to Section 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Passaic County.
[Ord. No. 86-2 § I; Ord. No. 04-11; Ord. No. 06-03 § I; Ord. No. 2017-38]
In addition to the inspection fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be charged:
Occupancies up to nine hundred ninety-nine (999) square feet shall be charged an annual fee of one hundred ($100) dollars.
Occupancies of one thousand (1,000) square feet to four thousand nine hundred ninety-nine (4,999) square feet shall be charged an annual fee of one hundred fifty ($150) dollars.
Occupancies of five thousand (5,000) square feet to nine thousand nine hundred ninety-nine (9,999) square feet shall be charged an annual fee of two hundred fifty ($250) dollars.
Occupancies of ten thousand (10,000) square feet to nineteen thousand nine hundred ninety-nine (19,999) square feet shall be charged an annual fee of four hundred ($400) dollars.
Occupancies of twenty thousand (20,000) square feet or over shall be charged an annual fee of five hundred fifty ($550) dollars.
Multiple-family dwellings of three (3) families or more (Use Group R-2) shall be charged an annual fee of two hundred ($200) dollars per building. These inspections shall include all common areas of the structure.
[Ord. No. 12-08 § 1]
Through this section and all previous ordinances, the Fire Prevention Code of this municipality shall consist of the "New Jersey Uniform Fire Code," adopted February 18, 1985, and is hereby incorporated in this chapter, as if set forth herein and again at length. Required copies of the New Jersey Uniform Fire Code have been placed on file in the Office of the Borough Clerk and in the Fire Bureau and shall remain in said offices so long as this chapter is in effect, for use and examination by the public.
In addition, the Fire Code Official shall also rely upon the BOCA Basic/National Fire Prevention Code 1996, including all subsequent revisions and amendments thereto, as modified by N.J.A.C. 5:70-3.2, which shall be locally enforced in the Borough of Woodland Park.
[Ord. No. 12-08 § 2]
The purpose of this section is to regulate fire inspections in order to protect the public health, safety and welfare, in the Borough of Woodland Park.
[Ord. No. 12-08 § 3]
For purposes of this chapter, the following words shall have the definitions as set forth hereinafter:
FIRE INSPECTOR
shall mean the person working under the direction of the Fire Official who is certified by the Commissioner of the Department of Community Affairs and appointed or designated to enforce the Code by the appointing authority of a local enforcing agency.
FIRE OFFICIAL
shall mean a person certified by the Commissioner of the Department of Community Affairs and appointed or designated to direct the enforcement of the Code by the appointing authority. This term shall also include Fire Marshal where the Fire Official has been appointed pursuant to N.J.A.C. 5:71-32.
LOCAL ENFORCING AGENCY
shall mean the Bureau of Fire Prevention established pursuant to this and previous ordinances.
[Ord. No. 12-08 § 4]
A report of the Bureau shall be made monthly and transmitted to the Mayor and Council. It shall contain all proceedings under the Code, with such statistics as the Fire Official may wish to include, and which may be required pursuant to the Fire Code.
[Ord. No. 12-08 § 5]
The Borough hereby adopts the Fee Schedule established in the New Jersey Uniform Fire Code, for regular and additional inspections, as set forth in N.J.A.C. 5:70-2.9(c). Therefore, the Borough's fees for the following permits will be consistent with the fees that are charged and allowed by the New Jersey Uniform Fire Code:
Type 1
$55
Type 2
$200
Type 3:
$400
Type 4
$550
[Ord. No. 12-08 § 5; amended 5-9-2018 by Ord. No. 18-10]
a. 
The Borough of Woodland Park also adopts through this section, the Fee Schedule established in the New Jersey Uniform Fire Code for Smoke Detector/Carbon Monoxide Certificates, pursuant to N.J.A.C. 5:70-2.9(d), as follows:
1. 
Requests for a CSDCMAC received more than 10 business days prior to the change of occupant will be $50 per inspection. Failure of inspection will require filing a new application and paying an additional $50.
2. 
Requests for a CSDCMAC received four to 10 business days prior to the change of occupant will be charged a fee of $100. Failure of inspection will result in one free reinspection. If dwelling fails a second time you must fill out a new application and pay the $100 fee again.
3. 
Requests for a CSDCMAC received fewer than four business days prior to the change of occupant will be charged a fee of $150. Failure of inspection will result in one free reinspection. If dwelling fails a second time, one must fill out a new application and pay the $150 fee again.
b. 
The authority for adopting the New Jersey Uniform Fire Code has been established in N.J.A.C. 5:70-2.9(f).
[Ord. No. 12-08 § 6]
Any person, who shall violate any of the provisions of this Code, shall be fined in accordance with the penalty schedule that is present in the New Jersey Uniform Fire Code, at 5:70-2.12(b), et seq.
The minimum penalty for any act or omission in violation of the Act or Code that is not enumerated in this subsection shall be five thousand ($5,000) dollars per violation per day. Except as specified in N.J.A.C. 5:70-3 or 4, where a violator shall be subject to a penalty of five hundred ($500) dollars per violation per day.
[Ord. No. 12-08 § 7]
Failure to obtain a required permit prior to commencing the operation, process or activity for which a permit was required, can expose the liable party to a fine that is double the amount of the applicable permit fee. See: New Jersey Uniform Fire Code, 5:70-2.12(b)(7).
In addition, failure to obtain a required permit after being ordered to do so while continuing the operation, process or activity, can expose the liable party to a maximum fine of five thousand ($5,000) dollars per day during which the operation, process, or activity continues.
The application of the above penalty provision(s) shall not be held to prevent the enforced removal of prohibited conditions, and/or criminal charges that may be advanced by the proper authorities.
[Ord. No. 93-12 § 1]
As used in this section:
ALARMS
shall mean any mechanical or electronic signal, reporting by means of telephone cables, municipal fire alarm system or other means of transmission, which signals are monitored by the Police Department of the Borough of Woodland Park at its headquarters, or an audible alarm which is heard and/or called in by another, and which signals, upon receipt or upon activation, indicate to the Department that an emergency exists at the sending location. The "alarms" shall include those types installed to indicate fires at the sending location.
FALSE ALARMS
shall mean any report or request for fire service directed to the Police Department or Fire Department by any means of any communication wherein the situation, condition, incident or emergency as subject to the report or request did not and does not exist. This definition shall include alarms caused by testing, repairing, tampering or altering an alarm system on both commercial and residential property and also alarms caused by a failure to properly maintain an alarm system. This definition shall not include alarms caused by extraordinary circumstances or Acts of God.
PERSON
shall mean any individual, partnership, association, syndicate, company, fire, trust, corporation, department, bureau, agency, or other entity recognized by law as the subject of rights and duties.
[Ord. No. 93-12 § 2]
It shall be unlawful for any person, persons, corporation, owner or lessee of any building in which a fire alarm has been installed to:
a. 
Cause, suffer, allow or permit the accidental or purposeful transmission of a false alarm signal from any public or private place in the Borough, to the Police Department or Fire Department.
b. 
Cause, suffer, allow or permit to be made any report or request for fire service or assistance by any means of communication wherein the situation, condition, incident or emergency as subject of the report or request for fire service or assistance did not and does not exist.
[Ord. No. 93-12 § 3]
Penalties for false alarms within a one (1) year period (January 1 to December 31) shall be as follows:
a. 
First alarm: warning only.
b. 
On the second alarm: a penalty of one hundred ($100) dollars shall be issued.
c. 
On the third alarm: a penalty of five hundred ($500) dollars shall be issued.
d. 
On the fourth alarm: a penalty of nine hundred ($900) dollars shall be issued.
e. 
In excess of the fifth alarm: a penalty of one thousand five hundred ($1,500) dollars shall be issued.
[Ord. No. 93-12 § 4]
The Bureau of Fire Prevention shall have the power and duty to enforce the provisions of this section.
[Ord. No. 93-12 § 5]
In the event a person initiates a false alarm knowing that same is false or baseless, the person shall be subject to the provisions of N.J.S.A. 2C:33-3 making same offense a crime of the fourth degree.
[Ord. No. 81-3 § I]
It is hereby determined that the operation and parking of motor vehicles in close proximity to buildings devoted for bowling alleys, recreational facilities, hospitals, nursing homes, schools, public buildings, shopping centers, churches, restaurants, dance halls, multi-family dwellings and similar uses, constitutes a danger to public health, safety and welfare in that the approach, operation and departure of fire equipment and other emergency vehicles is impeded by such operation and parking of motor vehicles.
The parking of motor vehicles or otherwise obstructing lanes shall be prohibited at all times, and the fire lanes established pursuant hereto shall be posted with signs and each lane shall be marked by yellow striped pavement marking to that effect at the cost and expense of the owner of the property.
[Ord. No. 81-3 § II]
The Fire Chief of the Borough of Woodland Park is hereby authorized, subject to approval by resolution, adopted by the Mayor and Municipal Council to establish fire zones on private properties in the Borough devoted to public uses, including but not limited to shopping centers, stores, theatres, bowling alleys, recreational facilities, hospitals, nursing homes, schools, public buildings, churches, restaurants, dance halls, multi-family dwellings and similar uses, where the operation and parking of motor vehicles in close proximity to buildings located on such properties would prevent adequate ingress, egress and the operation of fire equipment and other emergency vehicles.
[Ord. No. 81-3 § III]
All fire hydrants on private property in which a fire zone is established, which may become covered by snow, shall have such snow removed within three (3) hours after the snow ceases to fall in order to enable the Fire Department to locate the fire hydrant.
[Ord. No. 81-3 § IV]
The fire zones to be established pursuant to Subsection 23-4.2 of this section shall be designated in such areas of such private properties as will insure fire equipment and other emergency vehicles unobstructed means of ingress and egress and operation to such properties in the event of fire or other emergency.
[Ord. No. 81-3 § V]
The parking of motor vehicles on all internal roads providing ingress and egress to multi-family dwellings shall be limited to no parking on one side of the road and "No Parking" signs shall be posted at the expense of the owner in accordance with the direction of the Fire Chief. The posting shall be completed by the owner within thirty (30) days after notice from the Fire Chief.
[Ord. No. 81-3 § VI]
The number, location, width, length and marking of such fire zones shall be determined by the Fire Chief of the Borough of Woodland Park subject to approval by resolution adopted by the Mayor and Municipal Council of the Borough of Woodland Park. Such determination and approval shall be based upon the size, type of construction and location of the building or buildings involved; the use of which the property, building or buildings is put; the number of motor vehicles operated or parked upon the property; the number of persons using and occupying the property building or buildings; the existing means of ingress and egress to and from the property, including the size of the parking lot; and all other factors which are relevant to the public health, safety and welfare of the inhabitants of the Borough of Woodland Park. Once adopted by resolution of the Mayor and Municipal Council, the owner upon whose property fire zones have been designated shall have thirty (30) days from the date of notice by the Fire Chief to implement and mark the fire zones.
[Ord. No. 81-3 § VII]
If any person shall be aggrieved by the action of the Fire Chief, an appeal in writing to the Mayor and Municipal Council may be taken by filing a notice of appeal with the Borough Clerk. A hearing shall be had on notice to the appellant who shall be afforded an opportunity to be heard. After such hearing the Mayor and Municipal Council may affirm, modify or reverse the action of the Fire Chief.
[Ord. No. 81-3 § VIII]
The Fire Chief, subject to the approval by resolution adopted by the Mayor and Municipal Council of the Borough of Woodland Park, is further authorized to promulgate regulations limiting, restricting or prohibiting the operation or parking of motor vehicles within the fire zones authorized to be established pursuant to Subsection 23-6.2 of this section.
[Ord. No. 81-3 § IX]
It shall be the duty of the Chief of the Fire Department or his duly authorized representative and the Police Department to enforce the provisions of this section.
[Ord. No. 81-3 § X]
Any person, firm or corporation violating any of the regulations to be promulgated pursuant to this section shall, upon conviction thereof, be subject to a fine not to exceed one hundred ($100) dollars, or to imprisonment in the County Jail for a period not to exceed thirty (30) days, or both such fine and imprisonment, in the discretion of the Municipal Judge.
[Ord. No. 81-3 § XI]
Any person, firm, or corporation violating any fire lane regulation to be promulgated pursuant to this section shall, upon conviction thereof, be subject to a such penalties as set forth in Chapter I, Section 1-5. These fire zones shall also be designated as tow-away zones.
[Ord. No. 04-22 § 1]
BUILDING
shall mean any building or structure located in the Borough of Woodland Park, whether privately or publicly owned, including, without limitation, any building owned by the Borough of Woodland Park, the Woodland Park Board of Education, or any other public, quasi-public, or private entity or person provided however that this section shall not apply to one- and two-family dwellings.
FIRE CHIEF
shall mean the Fire Chief or his or her designee.
HAZMAT CABINET
shall mean a UL-listed Knox Box HazMat Cabinet approved by the Fire Chief that meets the requirements and uses the same security key code adopted by the Fire Department.
KEY LOCK BOX
shall mean a UL-listed Knox Box Rapid Entry Box System approved by the Fire Chief that meets the requirements and uses the same security key code adopted by the Fire Department.
RESPONSIBLE PARTY
shall mean the person(s) charged with the responsibility for the occupancy, building or business owner.
VAULT
shall mean a UL-listed Knox Vault approved by the Fire Chief that meets the requirements and uses the same security key adopted by the Fire Department.
[Ord. No. 04-22 § 2]
a. 
Every building within the Borough of Woodland Park shall be equipped with a key lock box. The key lock box shall be installed at a location and in a manner approved by the Fire Chief. The Fire Chief shall require a key box tamper switch connected to the building's burglar alarm system. The key lock box shall be of a UL type approved by the Fire Chief.
b. 
The key lock boxes shall contain the following:
1. 
Keys or access or "swipe" cards to locked points of ingress, whether interior or exterior of such buildings;
2. 
Keys or access or "swipe" cards to the locked mechanical rooms;
3. 
Keys or access or "swipe" cards to the locked elevator rooms;
4. 
Keys or access or "swipe" cards to the elevator controls;
5. 
Keys or access or "swipe" cards to any fence or secured areas;
6. 
Keys or access or "swipe" cards to fire protection equipment;
7. 
Keys or access or "swipe" cards to any other areas that may be required by the Fire Chief;
8. 
Elevator emergency door release keys or "drop" keys;
9. 
A card containing the emergency contact people and phone numbers for such building.
10. 
If required by the Fire Chief, current information of hazardous materials stored in the building or facility. If the volume of material is too large to place in the key lock box, the responsible party shall file the material with the Fire Prevention Bureau.
In addition to the foregoing, floor plans of the rooms within the building may be required.
c. 
Each key or access card shall be individually tagged and labeled so as to be easily identified and shall be kept current. There shall be no more than one (1) key or access card per key ring.
d. 
Where a building contains a business that is required to prepare or have available a materials safety data sheet or any emergency and hazardous chemical inventory form under Subtitle B, Section 311 and 312 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III) the Fire Chief may require that the Responsible Party also install a HazMat cabinet or vault as determined by the Fire Chief.
e. 
The HazMat cabinet or vault shall contain the following information for emergency response personnel:
1. 
A current list of key facility personnel knowledgeable about safety procedures of materials on site, complete with telephone numbers for such personnel in the event of an incident after normal hours of facility operation.
2. 
A current emergency and hazardous chemical inventory form and a binder containing the material safety data (MSD) sheets or in the event that the volume of the MSD sheets is too great to keep practically in the HazMat cabinet shall give the location of the on-site MSD sheets and the MSD sheets shall be readily available for use by emergency response personnel.
3. 
A facility site plan to include the following:
(a) 
The location of storage and use of hazardous materials on site.
(b) 
The location of on-site emergency firefighting and spill clean-up equipment.
(c) 
A diagram of the complete sewer system and the water system, showing fire hydrant and water main locations and sizes.
(d) 
A copy of the local Fire Department's preplan for the facility;
(e) 
Any building floor plan deemed necessary by the Fire Chief.
f. 
The Fire Chief may require the installation of tamper switches to connect the key lock box or vault box to the building's burglar alarm system.
g. 
The cost of purchasing and installing, along with any cost associated with implementation of the program at a specific building, will be borne by the responsible party.
[Ord. No. 04-22 § 3]
All existing buildings shall comply with this section within eighteen (18) months from its effective date. (Ordinance No. 04-22, codified herein as Section 23-5, was adopted November 3, 2004.) All newly constructed buildings, not yet occupied or buildings currently under construction and all buildings or businesses applying for a certificate of occupancy or continued certificate of occupancy, shall comply immediately.
[Ord. No. 04-22 § 4]
Any responsible party in violation of any provision hereof shall receive written notice of the violation(s) and be provided thirty (30) days to correct the violation(s). Any responsible party, after receiving written notice by the Fire Chief and failing to correct the violation within the thirty (30)-day period, shall be subject to a fine of up to five hundred ($500) dollars for each day of noncompliance. Continued noncompliance may result in the revocation of the certificate of occupancy.
[Ord. No. 04-22 § 5]
Following the installation by a responsible party of a lock box, all keys currently in the possession of the Fire Department shall be returned to the responsible party.
[Ord. No. 04-22 § 6]
The Borough and the Borough of Woodland Park Fire Department assume no liability for any defects in the operation of the key lock box, the keys contained in the key lock box, any information stored within the key lock box or otherwise provided to the Fire Chief, or the security of any property required to have a key lock box due to access to the key lock box by any person.