Borough of Rockleigh, NJ
Bergen County
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Table of Contents
Table of Contents
[1973 Code § 52-1; Ord. No. 11-01-01]
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-192 et seq.), the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Rockleigh. (N.J.S.A. 52:27D-202)
[1973 Code § 52-2]
The local enforcing agency shall be the Bureau of Fire Prevention, which is hereby created in the Borough of Rockleigh.
[1973 Code § 52-3]
The Rockleigh Bureau of Fire Prevention shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the geographical boundaries of the Borough of Rockleigh, other than owner-occupied one-family and two-family dwellings (unless so invited by the owner), and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
[1973 Code § 52-4]
The local enforcing agency established by subsection 11-1.2 shall carry out the periodic inspections of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
[1973 Code § 52-5; § 52-7; New]
a. 
The local enforcing agency established by subsection 11-1.2 shall be under the supervision of the Fire Official of the Bureau of Fire Prevention.
b. 
A report of the Fire Prevention Bureau shall be made annually and transmitted to the Mayor and Borough Council by the Fire Official.
[1973 Code § 52-7; § 52-8; § 52-9; § 52-10]
a. 
Appointment of Fire Official. The Rockleigh Bureau of Fire Prevention shall be under the direct supervision of the Fire Official pursuant to the Uniform Fire Safety Act (P.L. 1983, c. 383; N.J.S.A. 52:27D-192 et seq.).
b. 
Term of Office. The Fire Official shall serve for a term of four (4) years. Any vacancy shall be filled for the unexpired term.
c. 
Inspectors and Employees. Such inspectors and employees as may be necessary in the local enforcing agency shall be appointed by the Mayor and Council upon recommendation of the Fire Official.
d. 
Removal from Office. The Mayor and Council may remove the Fire Official and any inspectors and other employees for inefficiency, misconduct or other just cause. The Fire Official and each inspector or employee so removed shall be afforded an opportunity to be heard by the Mayor and Council.
[1973 Code § 52-11]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208), any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of the County of Bergen.
[1973 Code § 52-12; Ord. No. 03-02-05]
a. 
Inspections. In addition to the inspections required pursuant to the Uniform Fire Safety Act and the regulations adopted thereunder, all buildings, structures and uses within the Borough of Rockleigh, except for owner-occupied one- and two-family dwelling units and dwelling units within two-family and multifamily dwellings, shall be inspected for compliance with the Uniform Fire Code not less than once per year.
b. 
Fees. The Bureau of Fire Prevention shall impose and collect those fees required to be charged pursuant to the Uniform Fire Safety Act and the regulations adopted thereunder. (N.J.A.C. 5:70-1 et seq.)
c. 
Additional Fees for Non-Life Hazard Uses.
Type of Use Fees
Class A: up to 2,000 square feet: $50.00
Class B: 2,001 to 5,000 square feet: $100.00
Class C: 5,001 to 10,000 square feet: $150.00
Class D: more than 10,001 square feet: $200.00
Class E: multifamily units $25.00 per dwelling unit (minimum charge $50.00)
1. 
All life-hazard uses as registered by the State of New Jersey are exempted from the additional fees.
[New]
a. 
In accordance with N.J.S.A. 52:27D-198.1, a structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standards No. 74-1984 for the installation, maintenance and use of household fire-warning equipment. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.
b. 
Smoke detectors as required by N.J.S.A. 52:27D-198.1 shall be required in all buildings of mixed use where residential use is included. The regulations for maintenance of hotels and multiple-family dwellings concerning smoke alarms is hereby incorporated by reference to determine the type of equipment and placement requirements.
c. 
Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.). For the purposes of this section, "portable fire extinguisher" means an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed. This section shall not be enforced except pursuant to sections 2 and 3 of P.L.1991, c. 92 (N.J.S.A. 52:27D-198.2 and 52:27D-198.3).
[New]
a. 
In the case of change of occupancy of any building subject to the requirements of subsection 11-1.9, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the Rockleigh Fire Prevention Bureau a certificate evidencing compliance with the requirements of this chapter and N.J.S.A. 52:27D-198.1 and 52:27D-198.2.
b. 
The fee will be based on when the application is received:
1. 
More than 10 business days prior to change of occupant: $50.00
2. 
Four to 10 business days prior to change of occupant: $100.00
3. 
Less than four business days prior to change of occupant: $150.00
c. 
Smoke detectors, that are required to obtain a certificate of compliance, may be purchased and installed by the Fire Official at a fee of $40.00 dollars per smoke detector.
[New]
An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of subsection 11-1.9 when the premises do not comply with the inspection and certification requirements of subsection 11-1.10 shall be subject to a fine of not more than five hundred ($500.00) dollars which may be collected and enforced by the Rockleigh Fire Prevention Bureau by summary proceedings pursuant to "The Penalty Enforcement Law," N.J.S.A. 2A:58-1 et seq.
[N.J.S.A. 52:27D-133.3]
In accordance with requirements of N.J.S.A. 52:27D-133.3, carbon monoxide detectors are required in certain dwelling units in the Borough.
[1973 Code § 52-14A]
The Uniform Fire Code is the law of the State of New Jersey and permits municipal amendments, provided that the same exceed the minimum requirements of the Uniform Fire Code. The following provisions of this subsection are intended to be amendments of the Uniform Fire Code in excess of its minimum requirements:
(Reserved)
[1973 Code § 52-14C]
[New]
It shall be unlawful for any person to park or leave standing any vehicle or place any obstruction on lands in the Borough of Rockleigh, whether publicly or privately owned, after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking as a fire zone or fire lane. (NOTE: When on emergency responses, police and emergency medical service vehicles are hereby exempt from the requirements of this section.)
[New]
As used in this section:
FIRE LANE/ZONE
Shall mean areas designated by the Fire Official and properly posted and marked in accordance with this section; the terms fire zone and fire lane shall be interchangeable.
FIRE OFFICIAL
Shall mean the Borough of Rockleigh official or the designated representative, as defined N.J.A.C. 5:18, Uniform Fire Code.
[New]
This section shall be enforced by the Bureau of Fire Prevention of the Borough of Rockleigh or the Police Department providing police services to the Borough of Rockleigh.
[New]
a. 
Designation. The Fire Official, with the approval of the Fire Chief and the Police Chief, may designate fire lanes on private property to which the public is invited or which is devoted to public use or if it is necessary to provide safety for the public or to provide proper access for Fire Department operations in the event of an emergency.
b. 
Notification. Whenever a determination has been made for the fire lane designation pursuant to paragraph a above, 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.
c. 
Signage. The marking of fire zones shall be the responsibility of, and at the expense of, the owner and shall be accomplished within thirty (30) days of the receipt of notification. Suitable signs and/or markings bearing the words "No Parking Fire Zone," shall be posted and marked and striped in accordance with standards established by the Fire Official. Defacing, tampering with, damaging such signs or allowing them to deteriorate so as to reduce their effectiveness to notify when posted shall constitute a violation of this section.
d. 
Removal of Obstructions. A Police Officer shall remove or have removed such obstructions or vehicles as may violate this section at the expense of the owner of the premises, in the case of obstructions, or at the expense of the owner of the vehicle.
[New]
All fire zones shall be striped and signs posted in the following manner:
a. 
Signs.
1. 
All signs shall be 12 x 18 inches in size.
2. 
Light-reflective material shall be used for the sign background and lettering.
3. 
All signs shall be placed not more than one 100 feet center to center. Whenever the fire zone changes angle or direction more than 60 degrees, a sign is to be placed at the point of change, and a sign is required at the beginning and end of the zone. In all circumstances, a sign shall be visible from another sign. Additional signs may be required at the discretion of the Fire Prevention Bureau, the Municipal Code Official or the Police Department.
4. 
The sign shall be placed at a height of 7 feet as measured from the ground surface to the bottom of the sign at a 45 degree angle facing the direction of flow.
5. 
The sign shall state NO PARKING FIRE ZONE.
b. 
Striping.
1. 
Striping shall be four inches wide.
2. 
All fire zones shall be striped at a width of four feet as specified by the Fire Prevention Bureau.
3. 
The lettering NO PARKING FIRE ZONE shall be placed within the striped outer boundary lines at a minimum of one-hundred-foot intervals.
4. 
The lettering shall be 18 inches in height and shall be placed within the center of the fire zone.
5. 
Paint for all lettering and striping shall be yellow in color. Striping and lettering must be reflective.
[New]
a. 
Any person who violates this section shall, upon conviction in Municipal Court thereof, be punished by a fine not less than one hundred ($100.0) dollars. Each violation shall constitute a separate offense.
b. 
An owner who fails to comply with the regulations specified in subsection 11-2.1 shall result in a penalty of five hundred ($500.00) dollars. Penalties shall be assessed by the Fire Official in accordance with N.J.A.C. 5:70, Uniform Fire Code.
[Ord. No. 03-02-06]
The purpose of this section is to ensure that Fire Department personnel gain immediate and reliable access to structures within the Borough in order to facilitate proper lifesaving and other fire-fighting purposes, where access to structures is unduly difficult because of secured openings or other hazards.
[Ord. No. 03-02-06]
Where access to or within a structure or an area is unduly difficult because of secured opening, or where immediate access is necessary for fire-fighting or lifesaving purposes, the Fire Official or the Fire Subcode Official may require a key box to be installed in an accessible location. The key box shall be a type approved by the Fire Official or Fire Subcode Official so that all key access of this type within the Borough may be accomplished with one system. The key box shall contain the keys necessary to gain access as required by the Fire Department.
[Ord. No. 03-02-06]
Installation of the key box shall be in accordance with specifications maintained and approved by the Fire Official or Fire Subcode Official as required. The Fire Official or Fire Subcode Official shall have the authority to implement a uniform system throughout the Borough so that access to the designated key boxes may be accomplished by the utilization of one uniform key system.
[Ord. No. 03-02-06]
The Fire Official and Fire Subcode Official shall enforce the provisions of this section.
[Ord. No. 03-02-06]
Any person, firm or corporation who shall violate any of the provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5, General Penalty.
[New]
The purpose of this section is to provide standards and regulations for various types of fire alarm devices whether by direct line, radio, telephone or other means actuating a device at the Police Department or by indirect or transfer of notice of an alarm requiring response thereto by the Fire Department or other municipal agencies.
[New]
The provisions of this section shall apply to any person who operates, maintains or owns any alarm device or local alarm designed to summon, directly or indirectly, the Fire Department or other municipal agencies to any location in response to any type of alarm.
[New]
As used in this section:
FALSE ALARM
Shall mean any alarm or signal of any alarm actuated by inadvertence, carelessness, negligence or intentional or unintentional act of a person, and including as well alarms caused by mechanical failure, malfunctioning or improper installation of the alarm system and related equipment.
FIRE OFFICIAL
Shall mean the Fire Official or his designated representative (as defined in N.J.A.C. 5:70, Uniform Fire Code).
[New]
a. 
This section shall be enforced by the Borough Fire Official.
b. 
In the event of any occurrence of a false alarm, the alarm user shall, within three (3) days after written notice to do so, file a complete written report to the Fire Official, setting forth the cause of the false alarm, the corrective action taken, a statement as to whether the alarm system has been inspected by an alarm service company and such other information as the Fire Official may require on the designated forms.
c. 
Any person testing the alarm system shall notify the Police/Fire Department immediately prior to and after the testing is completed. Failure to do so shall constitute a false alarm.
d. 
If, upon the arrival of the Fire Department at the location of an activated fire alarm, the premises are found locked with no one in attendance, forcible entry shall be used to gain entrance to inspect the interior to determine the cause of the alarm.
e. 
The Fire Official shall promulgate rules and regulations supplementing this section in order to provide for the efficient management of the same. Said rules shall be subject to the approval of the Governing Body.
[New]
a. 
First False Alarm. A written notice of violation will be issued by the Fire Official. Said notice will require a written response in accordance with subsection 11-4.4.
b. 
Second False Alarm. A written notice of violation will be issued by the Fire official. Said notice will require a written response in accordance with subsection 11-4.4 and a mandatory inspection of the alarm system by the alarm service company.
c. 
Subsequent False Alarms. A written notice of violation will be issued by the Fire Official. Said notice will require a written response in accordance with subsection 11-4.4 and a mandatory inspection of the alarm system by the alarm service company, and the following penalties shall be assessed by the Fire Official in accordance with N.J.A.C. 5:70, Uniform Fire Code:
1. 
Third false alarm: $250.
2. 
Fourth false alarm: $250.
3. 
Fifth false alarm: $300.
4. 
Each subsequent false alarm: $500.
d. 
Failure to Comply. Failure to submit the written response and/or conduct the mandatory inspection of the alarm shall result in a penalty of one hundred ($100.00) dollars.
e. 
After a period of twelve (12) consecutive months without a transmission of a false alarm, the procedure for the enforcement of violations will revert to subsection 11-4.4.5a and proceed as described in this subsection.
[New]
It shall not be the responsibility of the Fire Department, Fire Official and/or Fire Prevention Bureau of Fire Prevention to reset any alarm.
[New]
For violations of any provision of this chapter whenever no specific penalty is provided for in this Code or any other ordinance of the Borough for punishment of an act this is prohibited or that is declared to be unlawful, or any offense or for the nonperformance of any act that is required to be done, the penalty for violation of any such provision shall be as stated in Chapter 1, Section 1-5.
[1973 Code § 52-14B]
The Fire Chief or duly authorized representatives as may be in charge at the scene of a fire or other emergency involving the protection of life and/or property is empowered to direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations or of taking any other action necessary in the reasonable performance of their duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene and may remove or cause to be removed from the scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. The Fire Chief may remove or cause to be removed any person, vehicle or object from hazardous areas. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Chief.
[1973 Code § 52-14B]
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, attempt to interfere, conspire to interfere with, obstruct or hamper any Fire Department operation.
[1973 Code § 52-14B]
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or to interfere with the compliance attempts of another individual.
[1973 Code § 52-14B]
A vehicle shall not be driven or propelled over any unprotected fire hose of the Fire Department when laid down on any street, alleyway, private drive or any other vehicular roadway without the consent of the Fire Chief in command of said operation.
[1973 Code § 52-14B]
Authorized emergency vehicles shall be restricted to those which are defined and authorized under the laws of the State of New Jersey.
[1973 Code § 52-14B]
Upon the approach of any authorized emergency vehicle giving audible and visual signal, the operator of every other vehicle shall immediately drive the same to a position as near and parallel to the right-hand edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by the Fire Chief or a Police Officer.
[1973 Code § 52-14B]
It shall be unlawful for the operator of any vehicle, other than one on official business, to follow closer than three hundred (300) feet from any fire apparatus traveling in response to a fire alarm or to drive any vehicle within the block or immediate area where fire apparatus has stopped in answer to a fire alarm.
[1973 Code § 52-14B]
A person shall not, without proper authorization from the Fire Chief in charge of the Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest, or sound the siren, horn, bell or other sound-producing device thereon or to manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.
[1973 Code § 52-14B]
It shall be unlawful for any person to damage or deface, or attempt or conspire to damage or deface, any Fire Department emergency vehicle at any time or to injure, or attempt to injure or conspire to injure, Fire Department personnel while performing departmental duties.
[1973 Code § 52-14B]
The driver of any emergency vehicle, as defined in subsection 11-6.5, shall not sound the siren thereon or have the front red lights on or disobey any existing traffic regulation, except when said vehicle is responding to an emergency call or when responding to, but not upon returning from, a fire. Tactical strategies, such as but not restricted to move-ups, do not constitute an emergency call. The driver of an emergency vehicle may:
a. 
Park or stand irrespective of the provisions of existing traffic regulations.
b. 
Proceed past a red or stop signal or other sign but only after slowing down as may be necessary for safe operations.
c. 
Exceed the prima facie speed limit so long as the action does not endanger life or property.
d. 
Disregard regulations governing direction of movement or turning in specified directions.
e. 
The exemptions herein granted to an emergency vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.
[1973 Code § 52-14B]
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property. If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Chief shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury on certificate of the Fire Chief and with the approval of the Borough Administrator; and the legal authority of the municipality shall institute appropriate action for the recovery of such costs.
[1973 Code § 52-14B]
A person shall not use or operate any fire hydrant intended for use of the Fire Department for fire suppression purposes unless such person first secures a permit for such use from the Fire Chief and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.
[1973 Code § 52-14B]
The Fire Chief shall recommend to the Borough Administrator the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Chief.
[1973 Code § 52-14B]
All new and existing shipyards, oil storage plants, lumberyards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life hazards and which are located more than one hundred fifty (150) feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with properly placed fire hydrants. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Chief and shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief shall designate and approve the number and location of fire hydrants. The Fire Chief may require the installation of sufficient fire hose and equipment housed in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Chief.
[1973 Code § 52-14B]
A person shall not obstruct, remove, tamper with or otherwise disturb any fire hydrant or fire appliance required to be installed or maintained under the provisions of the Uniform Fire Code except for the purpose of extinguishing fire, training or testing purposes, recharging or making necessary repairs or when permitted by the Fire Chief. Whenever a fire appliance is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Chief.
[1973 Code § 52-14B]
A person shall not sell, trade, loan or give away any form or kind of fire extinguisher which is not approved by the Fire Chief or which is not in proper working order or the contents of which do not meet the requirements of the Fire Chief. The requirements of this subsection shall not apply to the sale, trade or exchange of obsolete or damaged equipment for junk when said units are permanently disfigured or marked with a permanent sign identifying the unit as junk.
[1973 Code § 52-14B]
A person or persons shall not erect, construct, place or maintain any bumps, fences, gates, chains, bars, pipes, wood or metal horses or any other type of obstruction in or on any street within the boundaries of the Borough. The word "street," as used in this section, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the Borough.