[1979 Code § 28-1.1]
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 City of Linden.
[1979 Code § 28-1.2; Ord. No. 23-48 § 2; Ord. No. 24-28 § 1; Ord. No. 28-10 § 1]
The local enforcing agency shall be the Linden Fire Department
through its Fire Prevention Bureau which is hereby created therein.
[1979 Code § 28-12.1; Ord. No.
28-10 § 1]
A report of the Fire Prevention Bureau shall be made annually
and transmitted to the Chief of the Fire Department and City Council.
It shall contain all proceedings under this Code with such statistics
as necessary.
[1979 Code § 28-1.3; Ord. No. 23-48 § 3; Ord. No. 28-10 § 1]
The local enforcing agency shall enforce the New Jersey Uniform
Fire Safety Act and the code and regulations adopted under it in all
buildings, structures and premises within the established boundaries
of the City other than owner occupied buildings used exclusively for
dwelling purposes and containing fewer than three (3) dwelling units,
or buildings, structures or premises owned or operated by the State,
interstate agencies or the Federal government, and shall faithfully
comply with the requirements of the Uniform Fire Safety Act and the
Uniform Fire Code.
[1979 Code § 28-1.4; Ord. No. 23-48 § 4]
The local enforcing agency established by subsection 14-1.2 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 Community Affairs.
[1979 Code § 28-1.5; Ord. No. 23-48 § 5; Ord. No. 28-10 § 1]
The local enforcing agency established by subsection 14-1.2 of this section shall be a part of the Linden Fire Department and shall be under the direct supervision and control of the Fire Official who shall report to the Chief of the Fire Department. The local enforcing agency shall be comprised of the membership of the Fire Department who are certified pursuant to the Uniform Fire Code to conduct such work.
[1979 Code § 28-1.6; Ord. No. 23-48 § 6; Ord. No. 28-10 § 1]
a.
Chief Inspector/Fire Official. The Chief Inspector of the Fire Prevention
Bureau shall be a deputy chief, designated and assigned by the Fire
Chief, certified by the State pursuant to the Uniform Fire Code, and
appointed by the City Council to the duties hereinafter prescribed.
The Chief Inspector shall report to the Fire Chief. The Chief Inspector
described and appointed as above, shall hold the dual designation
of Chief Inspector/Fire Official for the duration of his tenure. Should
the position of Chief Inspector/Fire Official remain vacant in excess
of thirty (30) days, the Fire Chief will appoint an interim fire official.
b.
Inspectors. Inspectors shall be designated and appointed by the Fire
Chief, certified by the State pursuant to the Uniform Fire Code, and
appointed by the City Council to the duties hereinafter prescribed.
Inspectors shall report to the Fire Official.
[1979 Code § 28-1.7; Ord. No. 23-48 § 7; Ord. No. 24-28 § 1; Ord. No. 28-10 § 1]
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 local Construction Board of Appeals. If no such body exists,
appeals shall be made to the County Construction Board of Appeals.
[1979 Code § 28-1.8; Ord. No. 23-48 § 8; Ord. No. 24-28 § 1; Ord. No. 28-10 § 1; Ord. No. 61-64]
a.
In addition to the inspections and fees required pursuant to the
act and the regulations of the Department of Community Affairs the
following additional annual inspections and fees shall be required:
All buildings or portions thereof except owner-occupied one
(1) or two (2) family dwellings, or buildings, structures, and premises
owned or operated by the State, interstate agencies or the Federal
government shall be inspected annually, or as often as determined
necessary by the Fire Official.
b.
Non-Life-Hazard Uses.
1.
The owner of all businesses, occupancies, buildings, structures or
premises required to be inspected under the Uniform Fire Code, shall
apply annually to the Fire Prevention Bureau for a certificate or
registration upon forms provided by the Fire Official. An owner shall
be in violation for failure to return such forms to the Fire Prevention
Bureau and/or Fire Official within thirty (30) days of receipt. If
ownership is transferred, whether by sale, assignment, gift, reorganization,
foreclosure or any other method, the new owner shall file with the
Fire Prevention Bureau an application for a certificate or registration
after notification by the Fire Prevention Bureau and/or Fire Official.
2.
Vacant buildings, which create a fire hazard, shall be charged and
inspected according to the previous use of the building.
3.
The local enforcing agency shall periodically inspect such premises.
These inspections shall be made in accordance with the New Jersey
Uniform Fire Code as often as may be necessary for the purpose of
ascertaining and cause to be corrected any conditions liable to cause
fire, contribute to the spread of fire, interfere with fire operations,
endanger life, or any conditions constituting violations of the provision
or intent of the New Jersey Uniform Fire Code.
c.
Additional Required Registration and Permit Fees.
In addition to the registration and permit fees required by
the Uniform Fire Safety Act, the Fire Official, with the approval
of the City of Linden Council, hereby establishes the following registration
and permit fees:
1.
The following buildings, uses and premises contained in the section
shall be subject to annual registration fees and periodic inspections.
|
Use
|
Fee
|
|---|---|
|
Eating establishments, other than life-hazard uses: 1 to 49
persons seated/take-out only
|
$30
|
|
Public assembly buildings: 50 to 99 people other than life-hazard
uses
|
$40
|
|
Office buildings, other than life-hazard uses: 1 to 7 offices
|
$40
|
|
Office buildings, other than life-hazard uses: 8 to 16 offices
|
$70
|
|
Office buildings, other than life-hazard uses: 17 or more offices
|
$170
|
|
Supermarkets/food marts/grocery stores having less than 10,000
square feet
|
$90
|
|
Hardware/appliance/furniture stores having less than 10,000
square feet
|
$90
|
|
Retail stores/mercantile buildings having less than 7,000 square
feet
|
$30
|
|
Retail stores/mercantile buildings having more than 7,000 but
less than 10,000 square feet
|
$70
|
|
Retail stores/mercantile buildings having 10,000 square feet
or more
|
$170
|
|
Any other commercial/business occupancy with less than 1,000
square feet
|
$30
|
|
Any other commercial/business occupancy with 1,000 to 5,999
square feet
|
$40
|
|
Any other commercial/business occupancy with 6,000 to 9,999
square feet
|
$70
|
|
Any other commercial/business occupancy with 10,000 square feet
or more
|
$170
|
2.
Non-Life-Hazard Use (LHU) Mixed-Use Properties.
|
Use
|
Fee
|
|---|---|
|
Mixed use, commercial/business with less than 3 dwelling units
|
$70
|
|
Mixed use, commercial/business with 3 to 7 dwelling units
|
$90
|
|
Mixed use, commercial/business with 8 to 17 dwelling units
|
$170
|
|
Mixed use, commercial/business with more than 17 dwelling units
|
$270
|
3.
Non-Life-Hazard Use (LHU) Multiple-Dwelling Properties.
|
Use
|
Fee
|
|---|---|
|
Multiple dwelling with common area having 3 to 7 dwelling units
|
$70
|
|
Multiple dwelling with common area having 8 to 16 dwelling units
|
$90
|
|
Multiple dwelling with common area having 17 to 25 dwelling
units
|
$170
|
|
Multiple dwelling with common area having more than 25 dwelling
units
|
$270
|
4.
All nonprofit organizations must take out a permit, but will not
be required to pay a fee.
d.
Fees.
1.
All uses requiring registration fees and/or permits shall receive
invoices prior to the current certificate of inspection expiration.
All fees shall be paid within thirty (30) days of receipt of invoice.
2.
When more than one registered use exists under one ownership at a
given location, the highest use shall be registered at the full scheduled
fee and subsequent uses at one-half the scheduled fee.
3.
Unpaid fees outstanding after the 30th day shall result in a penalty
of an amount equal to double the application registration fee, but
not less than $200 or more than $1,000 for each registration as established
by the New Jersey Uniform Fire Code, N.J.A.C. 5:70-2:12.
(a)
The enforcing agency, in accordance with N.J.A.C. 5:70-2:12,
may initiate said enforcement in the Linden Municipal Court pursuant
to the Penalty Enforcement Law, N.J.S.A 2A:58-11.
(b)
Following the expiration of a ninety (90) day period, the Council
may by resolution, approve the amount of the fees, whereupon the same
shall become a lien against the property, collectible as provided
by law. A copy of the resolutions approving the fees shall be certified
by the City Clerk and filed with the Tax Collector of the City, who
shall be responsible for collection thereof, and a copy of the resolution
shall be sent by certified mail to the owner.
e.
Enforcement, Violations and Penalties.
1.
Enforcement, violations and penalties shall be managed in conformity
with the Uniform Fire Safety Act, The Uniform Fire Code, and all other
laws of the State of New Jersey.
2.
Pursuant to the provisions of N.J.A.C. 5:71-2.6, all permit fees
and other fees provided for or allowed by this subsection and any
penalties collected pursuant hereto shall be collected and retained
fully on behalf of the Fire Prevention Bureau and shall be appropriated
by the Governing Body to the Bureau for the purpose of enforcing this
code, operating the local enforcing agency and advancing local fire
prevention interests.
[1979 Code § 28-1.8.1; Ord. No.
23-48 § 8; Ord. No. 24-28 § 1; Ord. No. 28-10 § 1; Ord. No. 54-47]
Request for Fire Code status, as required in N.J.A.C. 5:70-2.2.(e)2i,
shall be obliged only after the completion of a fire safety inspection,
fee for which shall be $35.
[1979 Code § 28-1.9; Ord. No. 23-48 § 9; Ord. No. 24-28 § 1; Ord. No. 32-55 § 1; Ord. No. 46-28 § 1; Ord. No. 48-14 § 1; Ord.
No. 61-26; Ord. No. 61-80]
The permit fees established by the Uniform Fire Code are adopted,
except as hereinafter specifically amended and with the exclusion
of all Federal, State, County and municipal owned facilities.
a.
The permit fees established by the Uniform Fire Code are hereby adopted:
|
Permit Type
|
Fee
|
|---|---|
|
1
|
$60
|
|
2
|
$220
|
|
3
|
$430
|
|
4
|
$650*
|
|
5
|
(Reserved)
|
|
*There shall be no fee for Type 4 permits for storage or activity
at a premises registered as a Life Hazard Use.
|
[1979 Code § 28-1.10; Ord. No.
23-48 § 10; Ord. No. 24-28 § 1; Ord. No. 26-5 § 1; Ord. No. 28-10 § 1; Ord. No. 54-47; Ord. No.
61-80; amended 2-19-2019 by Ord. No. 63-1]
The NFiPA Standards herein specified shall be the most current
edition of the NFiPA Standards that are not more stringent than the
Uniform Construction Code and not less stringent than the Uniform
Fire Code as determined by the Fire Official.
The technical amendments hereinafter stated must not be more
stringent than the Uniform Construction Code nor less stringent than
the Uniform Fire Code, or shall be individually considered null and
void. However, this will not affect the remaining amendments.
The Uniform Fire Code, current edition, is further amended and
supplemented as permitted pursuant to the Uniform Fire Safety Act
(N.J.S.A. 52:27D-192 et seq.) by adding the following:
|
3.3(f) LA6 Heat Producing Equipment: When heat-producing equipment
is located in the open in general rooms, spaces, basements or cellars
no combustible or flammable objects or material, nor shelves, bins
or other storage facilities capable of holding flammable or combustible
storage may be stored or located within forty-eight (48) inches of
any part of the heat-producing equipment or manufacturer's recommended
clearance, whichever is greater. Exception: when the Fire Official
has approved lesser clearances when used in conjunction with fixed
heat shields or fire-resistive constructions. If, in the opinion of
the Fire Official, a serious violation potential exists, he may order
the erection of simple fixed barriers or fences to keep the proper
clearance distance from the heat-producing device and the storage.
Storage of fire hazard materials and substances, including liquid,
solid and gaseous types, shall be marked in accordance with the NFIPA
704 system.
|
|
3.3(1) LA3 Notification: When it is necessary for the Fire Official
to establish or designate such lanes or fire zones, he shall notify
the owner or other person, firm, company or corporation having control
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. The lanes or zones shall
be properly marked by the owner, person, firm, company or corporation
having control, at their own expense and within thirty (30) days after
receipt of the notice.
|
|
3.3(a) LA6 Fire Lanes/Fire Zones Marking: The fire lanes or
zones shall be outlined in yellow paint on the road surface with three
(3") inch wide yellow lines indicating the boundaries of the fire
lanes of zones.
|
|
3.3(1) LA7 Lettering: The fire lanes or zones shall be marked
with two (2) foot letters in yellow paint on the road surface. This
marking shall appear often enough to identify the fire lane or zone,
and shall read "No Parking Fire Lane or Zone" with the separations
between the markings not to exceed twenty-five (25) feet.
|
|
3.3(1) LA8 Signs: Signs mounted on seven (7) foot posts or on
building walls seven (7) feet from the ground shall be placed along
side the marking on the pavement to indicate the fire lanes or zones
in snow conditions. These signs shall face the flow of traffic (when
possible) and shall be constructed with two and one-half (2 1/2)
inch high red letters on a white background. These signs shall be
eighteen (18) inches high by twelve (12) inches wide. These signs
shall read, "No Parking, Fire Lane or Zone," with separation between
the signs not to exceed twenty-five (25) feet.
|
|
3.3(1) LA9 Obstructions: Obstruction of Fire Lane/Zone: Designated
fire lanes shall be maintained free of obstruction and vehicles and
in addition to a fine, any vehicle blocking a fire lane or zone shall
be subject to being towed to remove the obstruction at the owner's
expense.
|
|
3.3(q) LA1 Sale: Any dealer of portable, combustible liquid
burning space heaters within the City of Linden shall not offer for
sale any portable combustible liquid burning space heater unless a
conspicuous warning sign is posted at the display and the point of
sale, and to provide warning card or tags, both to bear the statement,
"THE USE OF THESE HEATERS WITHIN A STRUCTURE OR PORTION OF A STRUCTURE
OR ANY USE GROUP IN THE CITY OF LINDEN, NEW JERSEY IS HEREBY PROHIBITED."
|
|
3.3(q) LA2 Prohibited Use: The use of portable kerosene fired
heaters or any other portable, combustible liquid burning space heaters
is prohibited in all use groups.
|
|
3.3(s) LA1 Fire Alarm System: The fire alarm system shall be
activated for the purpose of indicating the drill. This activation
shall cause the internal warning devices to sound, and the proper
alarm signals to be transmitted to the Fire Department.
|
|
3.3(s) LA2 Notification: Prior to the beginning and subsequent
to the completion of the drill, the Fire Department shall be notified.
|
|
3.3(s) LA 3 The Uniform Fire Code, current edition, is further
amended and supplemented as permitted pursuant to the Uniform Fire
Safety Act (N.J.S.A. 52:27D-192 et seq.) by adding the following:
|
|
The application fee for a Certificate of Smoke Detector and
Carbon Monoxide Detector Compliance (CSDCMAC) for one and two family
dwellings as required by N.J.A.C. 5:70-2.3, shall be based upon the
amount of time before the change of occupancy is expected, as follows:
|
|
1. Requests for a CSDCMAC received more than 10
business days prior to the change of occupancy: $50.
|
|
2. Requests for a CSDCMAC received 4 to 10 business
days prior to the change of occupancy: $90.
|
|
3. Requests for a CSDCMAC received fewer than 4
business days prior to the change of occupancy: $170.
|
|
4. If a property representative or homeowner is
not present at the appointed time for inspection, it will be considered
a failure and the applicant must call to request another inspection
appointment.
|
|
5. After two failures, for any reason, the applicant
must submit a new application and must also pay the appropriate fee,
as if it was an original inspection despite any previous failures.
The fee will be assessed according to the time limits stated on the
application and there is no reduction in the fee regardless of the
amount of failures and new applications.
|
|
3.4(b) LA1 Report of Vacant Buildings: It shall be the responsibility
of the property owner or his duly authorized agent to report to the
Fire Official any vacant building or structure which it owns or represents
and which has remained unoccupied for more than thirty (30) days.
|
|
4.19 LA1 Any mixed use occupancy with residential use above
or attached shall require smoke detectors hard wired in all common
areas and hallways. These detectors shall all sound when any one (1)
detector is activated.
|
|
3.12(b) LA1 Smoke Detectors: In any building which contains
smoke detection devices, the Fire Official shall be notified prior
to the commencing of any fogging or fumigation operations. The maximum
penalty for noncompliance shall be $500.
|
|
3.12(b) LA2 Detector Protection: The Fire Official may require
that the smoke detectors be encapsulated to prevent accumulation of
the fogging agent or fumigant within the detector.
|
|
3.28(h) LA1 Water Supply: A water supply and distribution system
shall be included as part of all bulk storage plants. The minimum
flow shall be sufficient to provide protection for the largest tank
in the plant or the greatest hazard within the plant and to provide
sufficient additional flow to protect and cool exposed tanks or other
property. The installation of water lines for plant protection shall
comply with the applicable provisions of the NFiPA Standard 24.
|
|
3.28(h) LA2 Tank Protection: Suitable fire suppression systems
shall be required to protect all above-ground storage tanks containing
liquids having a flash point less than two hundred (200°) degrees
Fahrenheit. The suppression system shall be sufficient with additional
capacity and equipment to control fires. Supply piping and manifolds
for foam or other approved suppression systems shall not be located
inside of diked areas, except as necessary to deliver the extinguishing
agent to the tank being protected. An adequate supply of the appropriate
type of foam concentrate for the system shall be stored on the premises.
|
|
3.29(c) LA4 Incident Report: Any spill of flammable or combustible
liquids, corrosive, irritating, sensitizing, radio-active, explosive,
toxic or otherwise hazardous substance whether upon the ground, into
any storm or sanitary drain or waterway, or which is released as vapor
or fumes into the air shall be reported promptly to the Fire Department.
|
|
3.30(a) LA1 Permit Required: The storage or use at normal temperature
and pressure of more than 182 cubic feet (20 pound cylinder) but less
than 2,000 cubic feet of liquefied petroleum gas, liquefied natural
gas or compressed flammable gas shall require a Type 1 permit.
|
|
3.3(a) LA1 Life Safety Code. The most current edition of the
National Fire Protection Association's Life Safety Code 101 is
incorporated in its entirety as part of this section. Where inconsistencies
exist with the Uniform Construction Code and the Uniform Fire Code,
the requirements of the Uniform Construction Code shall prevail.
|
|
3.3(a) LA2 Key Box: When access to or within a structure or
an area is unduly difficult, because of secured openings or where
immediate access is necessary for life saving or firefighting purposes,
the Fire Official may require a key box to be installed in an accessible
location. The key box shall be of a type approved by the Fire Official
and shall contain keys necessary to gain emergency access. The master
key shall only be in the possession of the Chief Officers or Acting
Chief Officers of the Fire Department at any time.
|
|
2.9(g) LA1 Inspection Fee Required for Microfilm Copies: Copies
of the Fire Prevention public records that have been converted to
microfilm shall be supplied for a fee of $25 per hour of research
with a minimum charge of one (1) hour.
|
|
3.3(a) LA3 Incident Report: Any fire or explosion which has
the potential to injure people or damage property shall be promptly
reported to the Fire Department.
|
[Ord. No. 54-57; amended 2-19-2019 by Ord. No. 63-1]
Pursuant to N.J.A.C. 5:70-3, the 2015 International Fire Code,
New Jersey Edition, shall be enforced in the City of Linden.
a.
Amendments. Section 3.31 LA1 Amendment to 2015 International Fire
Code, New Jersey Edition.
1.
Section NJAC 5:70-3, Section 503.2.4.
Turning Radius.
(a)
The required turning radius of a fire apparatus access road
shall accommodate the largest piece of Linden Fire Department apparatus
at the time of site application or as designated by the Fire Official.
(b)
All accommodations or modifications to comply with the above
section shall be installed and maintained at the owner's expense.
[1979 Code § 4-18.1]
Authority is hereby vested in the Chief of Police in conjunction
with the recommendations of the Chief of the Fire Department and the
Building Subcode Official, to establish and designate fire and emergency
access lanes in and around parking areas and parking places which
are open to the public or to which the public is invited in the City.
[1979 Code § 4-8.2]
The fire and emergency access lanes may include, but are not
limited to, no parking or no standing areas, traffic directional lanes,
and areas designated solely for pedestrian traffic. Parking shall
be in the designated areas.
[1979 Code § 4-18.3]
Fire and emergency access lanes shall be in those locations
and of sufficient design as may be reasonably required by the public
safety and welfare. The purpose of these lanes is to guarantee unimpaired
ingress and egress in and around public parking areas and to and around
all buildings located in these areas in the event of fire or other
emergency, for police, fire and other emergency vehicles. The lanes
shall be installed by the property owner with acceptable signs and
paint on the pavement provided by the property owner and installed
and maintained under the guidance and direction of the Chief of Police
of the City.
[1979 Code § 4-18.4]
The Police Department shall have jurisdiction in enforcing this
section.
[1979 Code § 4-18.5]
No person or any of their agents or employees, shall leave standing
or cause to be parked any vehicle in these designated lanes.
[1979 Code § 4-18.6]
Any person violating any of the provisions of this section shall
be subject to a fine of not more than $50 or imprisonment for a term
not exceeding fifteen (15) days, or both, at the discretion of the
court.
[Ord. No. 48-39 § 1]
All fire protection systems required to be installed to comply
with any law, ordinance or order shall be maintained in operative
condition at all times. Fire protection systems that transmit unnecessary
alarms due to misuse, accidental activation, improper supervision,
equipment malfunction or improper testing shall be considered false
alarms. The Fire Official shall investigate or cause to be investigated
all false alarms and shall keep records of such alarms. Three (3)
or more false alarms within a fourteen (14) consecutive day period,
transmitted from the same location, shall be considered excessive
and the Fire Official shall issue or cause to be issued a notice of
violation. The notice shall state the nature of the violation and
show the date that this violation shall be corrected. If this violation
is not abated by the required date, the owners or person or entity
in custody and control of the premises shall be assessed the following
penalties in addition to any other penalties which may be applicable
under State law or through the Uniform Construction Code.
|
a.
|
For the first false alarm following the stated abatement date:
|
$500
|
|
b.
|
For the second false alarm following the stated abatement date:
|
$1,000
|
|
c.
|
For the third false alarm following the stated abatement date:
|
$2,000
|
|
d.
|
For the fourth false alarm following the stated abatement date:
|
A daily penalty of $500 per day until proper certification of
repair is produced to the Fire Official.
|
