[Ord. No. 94-6; Ord. No. 04-27; Ord. No.
11-09; Ord. No. 2015-21; Ord. No. 2017-12; amended 2-21-2019 by Ord. No. 19-06]
The Uniform Fire Safety Act (P.L. 1983, c. 383) was enacted
for the purpose of establishing a system for the enforcement of minimum
fire safety standards throughout the State of New Jersey. The New
Jersey Department of Community Affairs has promulgated minimum fire
safety standards which have been made a part of the Uniform Fire Code
(N.J.A.C. 5:70-1 et seq.). The Uniform Fire Safety Act authorizes
municipalities to provide for local enforcement of these standards
and to establish local enforcement agencies for that purpose. It is
in the best interest of the Borough of Elmwood Park to have the Uniform
Fire Code enforced locally. The local fire service has agreed to the
plan, which is set forth herein, for the administration and enforcement
of the Uniform Fire Code.
Pursuant to Section 11 of the Uniform Fire Safety Act (P.L.
1983, c. 383), the New Jersey Uniform Fire Code (N.J.A.C. 5:70-1 et
seq.) shall be locally enforced in the Borough of Elmwood Park.
a.
The local enforcing agency, under the direction and control of the
Fire Official, shall enforce the Uniform Fire Code in all buildings,
structures and premises within the established boundaries of the Borough
of Elmwood Park, other than one- or two-unit owner-occupied buildings
used exclusively for dwelling purposes and buildings, structures and
premises owned or operated by the federal government, interstate agencies,
the State of New Jersey or the Borough of Elmwood Park.
b.
The local enforcing agency, under the control and direction of the
Fire Official, shall faithfully comply with all of the terms and conditions
of the Uniform Fire Safety Act and the Uniform Fire Code.
c.
The local enforcing agency shall be the Bureau of Fire Prevention
of the Borough of Elmwood Park which shall be a separate agency from
the Fire Department, under the direct supervision and control of the
Fire Official.
d.
The Fire Official of the Borough of Elmwood Park shall be the authorized
person to be in charge of the Fire Prevention Bureau of the Borough
of Elmwood Park.
a.
The Fire Official shall enforce the Uniform Fire Code in all buildings,
structures and premises within the established boundaries of the Borough
of Elmwood Park other than one- and two-unit owner-occupied dwellings
used exclusively for dwelling purposes and buildings, structures and
premises owned or operated by the federal government, interstate agencies
or the state.
b.
The local enforcing agency shall faithfully comply with all the pertinent
requirements of the Uniform Fire Safety Act and the Uniform Fire Code.
c.
The Fire Official must maintain a separate, running total for Uniform
Fire Code Revenues.
d.
The Fire Official shall comply with all duties and responsibilities
as listed in N.J.A.C. 5:71-3.3(a) and (b).
a.
The Bureau of Fire Prevention, as the local enforcing agency, established by Subsection 14-1.3, shall be a separate agency from the Fire Department, under the direct supervision and control of the Fire Official, who shall report to the Mayor and Borough Council.
b.
The Mayor and Borough Council shall set the hours of operation of
the Bureau of Fire Prevention with recommendations from the Fire Official.
c.
The Bureau of Fire Prevention shall have at least one paid inspector.
a.
Appointment and qualifications of Fire Official. The Fire Official
shall be certified by the state and appointed by the governing body
as required by the New Jersey Civil Service Commission.
b.
Appointment and qualifications of inspectors and other employees.
Inspectors and other employees of the enforcing agency shall be appointed
by the governing body upon the recommendation of the Fire Official.
All life hazard use inspectors shall be certified by the state.
c.
Term of office. The Fire Official shall serve pursuant to the rules
established by the New Jersey Civil Service Commission.
d.
Removal from office. The Fire Official, inspectors and other employees
of the agency shall be subject to removal by the governing body for
just cause. Before removal from office, all persons shall be afforded
an opportunity to be heard by the governing body or a hearing officer
designated by the same and as required by the New Jersey Civil Service
Commission.
The Bureau of Fire Prevention established by Subsection 14-1.3 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
a.
In addition to the registrations required by the Uniform Fire Code,
the following non-life-hazard uses shall register with the Bureau
of Fire Prevention. These uses shall be inspected once per year and
shall pay an annual fee as set forth below:
[Amended 7-16-2020 by Ord. No. 20-19]
|
Use
|
Description
|
Fee
|
|---|---|---|
|
A-1
|
Assembly occupancy with occupancy load between 1 and 49
|
$75
|
|
B-1
|
All buildings and/or occupancies of business use which do not
exceed 2,500 square feet
|
$60
|
|
B-2
|
All buildings and/or occupancies of business use which are 2,501
square feet but 4,000 square feet or less
|
$120
|
|
B-3
|
All buildings and/or occupancies of a business use which are
4,001 square feet but 8,000 square feet or less
|
$180
|
|
B-4
|
All buildings and/or occupancies of a business use which are
8,001 square feet but 12,000 square feet or less
|
$280
|
|
B-5
|
All buildings and/or occupancies of a business use which are
greater than 12,001 square feet
|
$350
|
|
M-1
|
All buildings and/or occupancies of mercantile use which do
not exceed 2,500 square feet
|
$75
|
|
M-2
|
All buildings and/or occupancies of mercantile use which are
2,501 square feet but 4,000 square feet or less
|
$150
|
|
M-3
|
All buildings and/or occupancies of mercantile use which are
4,001 square feet but 8,000 square feet or less
|
$225
|
|
M-4
|
All buildings and/or occupancies of mercantile use which are
8,001 square feet but 12,000 square feet or less
|
$300
|
|
M-5
|
All buildings and/or occupancies of mercantile use which are
greater than 12,001 square feet
|
$375
|
|
S-1
|
All buildings and/or occupancies of storage use which do not
exceed 5,000 square feet
|
$200
|
|
S-2
|
All buildings and/or occupancies of storage use which are 5,001
square feet but less than 10,000 square feet
|
$400
|
|
S-3
|
All buildings and/or occupancies of storage use which are 10,001
square feet or greater
|
$600
|
|
R-1
|
Residential 1- and 2-family non-owner-occupied dwellings
|
$75
|
|
R-2
|
Residential 3 to 10 units per building
|
$175
|
|
R-3
|
Residential 11 to 20 units per building
|
$300
|
|
R-4
|
Residential 21 to 30 units per building
|
$500
|
|
R-5
|
Residential 31 to 40 units per building
|
$550
|
|
R-6
|
Residential 41 to 50 units per building
|
$600
|
|
R-7
|
Residential 50 units and up, per building ($325 + $15 per every
dwelling unit above 50 units)
|
$600 + $15 per
|
|
R-SU
|
Any and all uses registered/licensed by other agency not classified
|
$75
|
b.
One- and two-family owner-occupied shall be inspected and charged
a fee only upon sale or change of tenant.
c.
Uses not classified above that are subject to the Uniform Fire Code
will be classified as business uses.
d.
Uses required to register with the state as life hazard uses shall
not be required to register under this section.
e.
In the discretion of the Fire Official, vacant buildings will be
charged and inspected according to the previous use of the building.
f.
All residential uses shall be inspected to comply with the Uniform
Fire Code.
g.
Any and all residential uses that are registered and/or licensed
by any other agency not otherwise classified shall also be registered
with fire prevention and be inspected on a regular basis. These uses
shall be classified and registered as an R-SU use and pay an annual
registration fee of $75.
[Added 7-16-2020 by Ord. No. 20-19]
a.
Smoke detector and carbon monoxide detector and portable fire extinguisher.
1.
Residential smoke detectors required.
(a)
Smoke detectors are required upon the sale, rental, transfer
or lease of a one- or two-family dwelling unit. Smoke detectors shall
be installed in each dwelling unit, as defined in N.J.A.C. 5:70-4.19
and maintained in accordance with NFPA 72, upon the sale, rental,
transfer or lease of any dwelling unit in the Borough of Elmwood Park.
As of January 1, 2019, ten-year sealed battery-powered single station
smoke alarms shall be installed and shall be listed in accordance
with ANSI/UL 217, incorporated herein by reference. However, A/C-powered
single or multiple-station smoke alarms installed as part of the original
construction or rehabilitation project shall not be replaced with
battery-powered smoke alarms.
(b)
The installation of an A.C. powered smoke detector system shall
be processed as required for new work under the Elmwood Park Building
Code.
(c)
Each dwelling unit sold, rented, leased or transferred shall
have a minimum of one smoke detector on each level. A floor area separated
by three or more risers from another floor area shall be considered
a separate level. Where a basement exists, a smoke detector shall
be installed on the basement ceiling. Smoke detectors may not be required
in an unoccupied attic.
(d)
In order to achieve compliance with this act, smoke detectors
are required to be approved by the Underwriter's Laboratories, Factory
Mutual Research Corp., or other approving agency.
(e)
Alarm signals from the smoke detectors shall be clearly audible
in all the rooms on the level on which the smoke detector is installed
when all intervening doors are closed.
(f)
Smoke detectors may be powered by either ten-year sealed battery
or A.C. electricity. The installation of the smoke detectors shall
be governed by the applicable sections of the National Fire Protection
Association (NFPA) Standards No. 72E or 74.
(g)
Carbon monoxide alarms shall be installed in all dwelling units
except for units in buildings that do not contain a fuel-burning device
or have an attached garage, as follows:
(1)
Single-station carbon monoxide alarms shall be installed and
maintained in the immediate vicinity of any sleeping area(s).
(2)
Carbon monoxide alarms may be battery-operated, hard-wired or
of the plug-in type and shall be listed and labeled in accordance
with UL-2034 and shall be installed in accordance with the requirements
of this section and NFPA-720.
(h)
Portable fire extinguishers shall be installed and maintained
in accordance with N.J.A.C. 5:70.
2.
Maintenance responsibility.
(a)
Sellers, transferors or lessors of any and all dwelling units
subject to this chapter shall be responsible for the correct installation
and maintenance of smoke detectors and carbon monoxide detectors and
portable fire extinguishers.
(b)
The owner of a rental unit shall, at the time of installation
of the smoke detector, carbon monoxide detector and portable fire
extinguisher, and thereafter at the commencement of each new tenancy,
provide to the tenant at least one copy of written instruction on
the operation, maintenance, and testing of the smoke detector(s) and
carbon monoxide detector(s), including the replacement of batteries
in the battery-operated unit.
(c)
The owner of each rental unit shall be responsible for the proper
maintenance of the smoke detectors carbon monoxide detectors, including
the replacement of batteries, repair or replacement of the unit in
accord with the standards hereinabove set forth.
3.
Inspections and records. Upon the sale of a one- or two-family residence
or the rental, lease or transfer of any dwelling unit, the seller,
landlord or transferor is required to obtain from the Elmwood Park
Fire Prevention Bureau, a smoke detector and carbon monoxide detector
and portable fire extinguisher certificate of inspection, certifying
that the smoke detectors and carbon monoxide detectors and fire extinguishers
are in compliance with the provisions of the New Jersey Uniform Fire
Code.
4.
Fees.
(a)
Applications for the smoke detector and carbon monoxide detector
and portable fire extinguisher certificate of inspection shall be
made to the Elmwood Park Fire Prevention Bureau, 182 Market Street,
Elmwood Park, New Jersey 07407, with the application fee prepaid after
the receipt of said application, the Fire Official shall have the
premises inspected to determine whether the same complies with the
terms of the New Jersey Uniform Fire Code. If it complies, a certificate
will be issued.
(b)
Rental unit inspection fee: $100 per unit.
(c)
Single-family residential sale inspection fee: $100.
(d)
Two-family residential sale inspection fee: $125.
(e)
Three-family residential sale inspection fee: $150.
(f)
Four-family residential sale inspection fee: $175.
(g)
Five-family residential sale inspection fee: $200.
(h)
Should the inspection reveal a failure five days shall be given
to correct the violations and a reinsertion fee of $25 may be imposed
and the fee shall be paid before the reinsertion.
(i)
Should the reinspection reveal a second failure three days shall
be given to correct the violations and a reinspection fee of $60 shall
be imposed and paid before the reinsertion.
(j)
Should no one be at the residence to allow the inspector in
for inspection, a no-show fee of $25 shall be imposed and paid before
a new inspection date is given.
5.
Tampering with system. It is illegal for any person to disable or
vandalize any fire detection device or system (N.J.S.A. 5:70 et seq.),
and that person shall be subject to a penalty of up to $1,000 per
occurrence.
b.
Posting of truss buildings (P.L. 1991, Ch. 188).
1.
Truss structures. When the Fire Prevention Bureau shall identify
a structure as being of truss-type construction, they shall notify
the owner of the building, in writing, of the requirements of this
article and in accordance with the New Jersey Uniform Fire Code, N.J.S.A.
5:70 et seq.
2.
Truss emblem. Upon receipt of such notification, the owner shall
be required to permanently affix to said building a truss emblem.
The emblem shall be of a bright and reflective color, or made of reflective
material. The shape of the emblem shall be an isosceles triangle and
the size shall be 12 inches horizontally by six inches vertically.
The following letters, of a size and color to make them conspicuous,
shall be printed on the emblem: "F" to signify a floor with truss
construction: "R" to signify a roof with truss construction: or "F/R"
to signify both a floor and roof with truss construction. Along the
bottom edge of the sign, it shall be imprinted in one-inch green letters
"Sprinklered" if the building is sprinklered and "Unsprinklered" if
the building is unsprinklered.
3.
Truss emblems on residential structures shall be obtained from the
Fire Prevention Bureau and affixed on or near the electrical meter
pan.
c.
Opening burning. The following provisions are general provisions
for precautions against fire to be applied to the use of all properties.
Any permitted burning must comply with "Control and Prohibition of
Open Burning" by the New Jersey Department of Environmental Protection
New Jersey Air Pollution-Control Code, effective October 11, 1971,
and all subsequent revisions thereof. Proper permits shall be obtained
from the Fire Official.
d.
Exterior exits.
1.
Obstructions. No person shall at any time place an encumbrance of
any kind upon any fire escape, balcony or ladder intended as a means
of escape from fire, nor shall any person place or maintain any obstruction
or leave standing or park any automobile or other vehicle in any driveway
or alleyways which is liable to interfere with the operation of any
Fire Department equipment or egress of occupants in case of fire.
Any vehicle parked or left standing in violation hereof shall be deemed
a nuisance and a menace to safety, and any Fire Inspector or Police
Officer of the Borough of Elmwood Park may remove and store or cause
said vehicle to be removed and stored and the owner thereof shall
pay the reasonable costs for the removal and storage which may result
from such removal before regaining possession of the vehicle. In addition
to the foregoing, the person who parked or left such vehicle standing
in violation hereof shall upon complaint being made and upon conviction,
be subject to the penalties provided in N.J.A.C. 5:70-1 et seq.
2.
Maintenance. All exterior stairways and fire escapes shall be kept
free of snow and ice. They shall be properly painted and maintained
in a safe condition at all times. The owners or lessees of any property
upon which there is a driveway or alleyway that is or may be used
for parking of vehicles which is liable to interfere with the operation
of the Fire Department or egress of occupants in case of fire shall,
within 10 days after notice is given to them therefor by the Fire
Official, procure and install appropriate signs approved by the Fire
Official giving notice of the prohibition of parking of vehicles or
placing or maintaining any obstruction in any such driveway or alleyway.
In addition to any signs installed in accordance herewith, the owners
and lessees of said property, when further required by the Chief Inspector,
shall also cause word markings, colored yellow, to be placed on the
pavement within said driveway or alley containing the following message,
"Fire Zone No Parking."
e.
Automatic alarm systems. To control false alarms and insure proper
maintenance of automatic fire reporting systems.
1.
Emergency contacts. Any person or organization using an automatic
detection or fire alarm system to report a fire in the Borough of
Elmwood Park shall provide the Fire Department and Fire Prevention
Bureau with a list of three emergency contact names and telephone
numbers of people who can be reached 24 hours a day, seven days a
week, in case the alarm is activated, within three months following
final passage of this chapter. In the absence of this list, or not
being able to contact the person on the list, the Fire Department
and the Police Department will be empowered to use forcible entry
equipment to enter the building to investigate the cause of alarm.
2.
Building complex indicator. Any location having more than one building
in a complex, but reporting the fire location as the main building
location, shall have an indicating panel showing the location of the
building or area where the fire alarm was activated. This indicating
panel shall be visible from the outside of the building.
3.
Fire bell marking. Any fire detector system with an outside bell
or other audible indicator, shall be red in color and marked "Fire
Alarm, when sounding call 911" to indicate it is a part of the fire
alarm system.
4.
False fire alarms. Any repeated false fire alarms caused by a malfunctioning
detection system, shall be deemed a violation of this Code and subject
to the penalties provided. In case of a false alarm, any person having
knowledge thereof shall immediately notify the Fire Official. In case
of false alarms, the Fire Prevention Bureau shall cause an investigation
to be made and keep an annual record of said alarms on file for each
given year. For each false alarm, the following penalties are described:
for the first false alarm, a verbal warning shall be issued; for the
second false alarm, a written warning shall be issued; for the third
false alarm, a fine of $250; for the fourth false alarm, a fine of
$500; for the fifth and subsequent false alarms, a fine of $500 per
occurrence shall be paid to the Borough of Elmwood Park Fire Prevention
Bureau. A successive false alarm shall be defined as an alarm indication
on the same system not caused by an actual alarm of fire.
5.
Sprinkler alarm systems. It is recommended that each separate sprinkler
system (automatic fire suppression system) have a separate location
code sent to a central station, and have an external indicating alarm.
It is required that a maximum of three sprinkler systems may use the
same location code to a central station. A floor plan of the building
area showing the riser locations and the area protected by each riser
must be provided to the Fire Department.
f.
Access to fire hydrants. To insure access to fire hydrants in the
Borough of Elmwood Park for the safety and welfare of the public,
a clear area of five feet must be maintained in all directions from
the fire hydrant as well as meeting the roadside parking requirements.
1.
The owner or lessee of any property within five feet of a fire hydrant
shall be responsible to see that a five-foot clear space is provided
in all directions from the fire hydrant. The requirements of this
subsection shall be completed by the responsible party not later than
24 hours after any natural obstruction such as snow shall prevent
access to the fire hydrant and within 12 hours of any other type of
obstruction.
2.
The failure of any person in maintaining the open space for all fire
hydrants in accordance with this subsection shall be deemed a violation
of the Fire Safety Code; said person shall be required to appear in
the Borough of Elmwood Park Municipal Court and shall be fined up
to $500 at the discretion of the Judge of the Borough of Elmwood Park.
3.
The Elmwood Park Police Department and the Elmwood Park Fire Prevention
Bureau shall be responsible for the strict enforcement of the aforementioned
access to fire hydrants.
g.
Rapid entry system.
1.
Buildings; general. All new commercial and/or manufacturing buildings
constructed after the effective date of this section, all existing
commercial and/or manufacturing buildings which undergo remodeling
in excess of $1,000 after the effective date of this section, and
all existing commercial and/or manufacturing buildings within 24 months
of the effective date of this section, shall be provided with a master
key Knox-Box® at a location approved
by the Fire Prevention Bureau. Such box shall be provided with master
keys necessary for access to all portions of the premises. Such box
and keys shall be provided prior to occupancy and/or final inspection.
h.
(Reserved)
i.
Fire zones/fire lanes. Fire zones/fire lanes shall be enforced jointly
by the police under Ord. 82-15, and Fire Prevention Bureau under N.J.A.C.
5:70-1 et seq.
1.
The Fire Official, with the approval of the chief executive officer
of the Fire Department and the Chief of Police of the jurisdiction,
may designate 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 the Fire Department
operations in the event of an emergency.
2.
Whenever a determination has been made for the fire lane designation, pursuant to Subsection i1 above, the Fire Official shall notify the owner of the property in writing by certified mail, or by hand-delivering such notice, specifically describing the area designated and the reason for making the designation.
3.
The marking of fire lanes shall be the responsibility of, and at
the expense of, the property owner and shall be accomplished within
30 days of the receipt of the notification.
4.
It shall be a violation of this Code for any person to park a motor
vehicle in or otherwise to obstruct a fire lane.
j.
Mobile food truck/trailer safety.
1.
FOOD CART
FOOD TRAILER
FOOD TRUCK
FOOD VEHICLE
FOOD VENDOR or VENDOR
SPECIAL EVENT
Definitions. As used in this subsection:
A cart or other movable device used on the public sidewalks
or in public places or roadways, which uses propane or similar fuel
for its operation, and is not licensed as a food truck or food trailer.
A nonmotorized vehicle designed to be towed by a motorized
vehicle registered and able to be operated on the public roadways
of the State of New Jersey, in which ready-to-eat food is cooked,
wrapped, packaged, processed or portioned for sale or distribution.
A motorized vehicle registered and able to be operated on
the public roadways of the State of New Jersey, in which ready-to-eat
food is cooked, wrapped, packaged, processed or portioned for sale
or distribution.
A food truck, food trailer or food cart.
The owner, owner's agent or representative, or operator of
a food vehicle.
A private or public sporting, cultural, business, charitable
or other type of unique activity, including but not limited to, a
party, celebration, fair, festival, fundraiser, promotion, show, concert,
presentation, entertainment or film production, occurring for a limited
or fixed duration.
2.
Application for annual inspection: certificate of approval.
(a)
A food vendor shall apply to the Bureau of Fire Prevention for
an inspection.
(b)
The application fee shall be $150. Payment of the fee shall
be made at the time the application is filed.
(c)
If a vendor's application is denied for failure to satisfy inspection
requirements, the vendor may file an application for a reinspection.
No fee will be required for the first reinspection, provided that
the application is filed within 30 days of the denial. An application
fee shall be required for all other reinspections.
(d)
A certificate of approval shall be issued to a vendor whose
application for an inspection has been approved by the Bureau of Fire
Prevention. The certificate of approval shall be valid from January
1 to December 31 of the year in which it was issued.
(e)
A certificate of approval shall be displayed prominently in
or on the food vehicle.
(f)
An application for an inspection to renew a certificate of approval
shall be filed with the application fee prior to December 31 of the
year in which it was issued.
(g)
A certificate of approval does not give the vendor the approval
to operate anytime or anywhere within the Borough of Elmwood Park.
A certificate of approval means they have been inspected and meet
the minimum requirements. This certificate affords them the opportunity
to obtain an inspection certificate for an event in order to operate
at a reduced rate of $10 per event. A copy of their certificate of
approval shall accompany the $10 payment to receive the discount.
3.
Inspection required.
(a)
No food vehicle shall be operated without first having filed
an application for an inspection which has been approved by the Bureau
of Fire Prevention.
(b)
The Bureau of Fire Prevention shall issue a checklist containing
the specific requirements for approval of an application for an inspection.
The checklist shall be made available to the public.
(c)
Nothing contained in this subsection shall limit the authority
of the Bureau of Fire Prevention to inspect a food vehicle at any
time to determine if it meets the specific requirements contained
in the checklist.
4.
Application for inspection: certificate of approval.
(a)
A food vehicle for which an inspection is required shall not
be operated within the Borough of Elmwood Park unless an application
for an inspection with the application fee is filed no later than
14 days before the event and a certificate of approval is issued the
day of the event.
(b)
The Bureau of Fire Prevention shall have the discretion to accept
an application for an inspection for an event that is filed later
than 14 days before the event, provided that the vendor pays an additional
late service fee of $25. The Bureau of Fire Prevention shall have
the discretion to waive the late service fee in appropriate circumstances.
(c)
A food vendor shall apply to the Bureau of Fire Prevention for
an inspection.
(d)
The application fee shall be $60, $54 permit fee and $6 administrative
fee. Payment of the fee shall be made at the time the application
is filed.
(e)
A certificate of approval shall be issued to a vendor whose
application for an inspection has been approved by the Bureau of Fire
Prevention, and a satisfactory inspection has been completed.
(f)
A certificate of inspection shall be displayed prominently in
or on the food vehicle.
5.
Checklist requirements for food vehicle inspection.
(a)
A vendor shall satisfy the following inspection requirements
which shall appear on a checklist issued by the Bureau of Fire Prevention:
(1)
Fire extinguisher.
(2)
Hood suppression system. A hood suppression system that meets
or exceeds National Fire Protection Association standards for ventilation
control and fire prevention (NFPA 96) shall be required for any food
vehicle that creates or emits grease vapors.
(6)
Carbon monoxide (CO) detectors in food trucks and food trailers.
(7)
Propane gas sensor.
(i)
Food trucks and trailers: A propane gas sensor
shall be mounted in the area of the propane cylinders and inside of
the cooking area.
(ii)
Nothing contained in this subsection shall limit
the authority of the Bureau of Fire Prevention to supplement checklist
requirements in a particular case in the interest of public safety.
k.
Solar panel emblem posting.
1.
Identifying emblems shall be permanently affixed to the front of
structures hosting or being powered by photovoltaic electrical power
either on the roof or adjacent to the building.
(a)
The solar emblem shall be a Maltese cross shape, constructed
of durable material, with a white reflective background with red letters.
Numerals and letters shall be Roman or Latin as required.
(1)
The sign shall be six inches by six inches (152 millimeters
by 152 millimeters).
(2)
The height or width of each Maltese cross wing area shall be
1 1/8 inches (29 millimeters) and have a stroke width of 1/2
inch (13 millimeters).
(3)
The center of the Maltese cross, a circle or oval, shall be
three inches (76 millimeters) in diameter and have a stroke width
of 1/2 inch (13 millimeters).
(4)
All letters and numerals shall be 1 1/4 inch (32 millimeters)
in height and have a stroke width of 1/4 inch (six millimeters).
(5)
The letters "PV" shall be located in the center circle of the
Maltese cross to identify the presence of solar photovoltaic systems.
The wording "roof-mounted" and/or "adjacent" shall be located immediately
beneath the Maltese cross identifying where the solar panels are located.
(b)
The emblem shall be permanently affixed to the left of the main
entrance door at a height between four and six feet above the ground
and shall be installed and maintained by the owner of the building.
(1)
Premises already equipped with a truss construction sign may
install the solar sign immediately above the truss sign.
2.
Detached one- and two-family residential structures shall be exempt
from the signage provisions.
3.
The owner of any residential structure or nonresidential structure
who installed a roof-mounted solar photovoltaic system on or after
January 17, 2014, or has installed or provided for the installation
of a roof-mounted solar photovoltaic system prior to January 17, 2014,
shall provide a written notification to the local fire official, which
shall include, but need not be limited to:
(a)
The name of the property owner or owners, as well as the address
of the residential structure or nonresidential structure upon which
the solar photovoltaic system has been installed, and the name of
the owner or owners and the address of any other adjacent structure
served by the solar photovoltaic system; and
(b)
The year that the roof mounted solar photovoltaic system was
installed on the residential structure or nonresidential structure.
4.
A copy of a permit filed pursuant to N.J.S.A. 52:27D-198.17c or written
notification issued pursuant to N.J.S.A. 52:27D-198.17d shall be kept
on file by the chief of the local fire department.
(a)
The address of the residential structure or nonresidential structure,
the address of any other adjacent structure served by the solar photovoltaic
system, and any additional information regarding the solar photovoltaic
system shall be maintained in a registry by the fire department.
(b)
The information contained in the registry shall serve to alert
firefighters, when responding to an emergency situation, that a residential
structure or nonresidential structure is equipped with, or is served
by, a roof-mounted solar photovoltaic system and that reasonable precautions
may be necessary when responding to the emergency.
l.
Fire watch.
1.
Request or order for fire watch.
(a)
A request for a fire watch shall be made in writing to the Fire
Official at least 10 days prior to an event where practicable, unless
an emergent situation is present.
(b)
The Fire Official shall have the authority to order a fire watch
for an emergent situation or for an event for which the Fire Official
determines a fire watch is necessary.
2.
Conditions of employment of fire watch personnel. All fire prevention
officers or firefighters of the Borough as fire watch personnel shall
be treated as employees of the Borough; provided, however, that wages
earned for such employment shall not be applied toward the pension
benefits of regular full-time Borough employees serving as fire watch
personnel, and all hours worked in such employment shall not be compensable
as overtime.
3.
Assignment of fire watch personnel.
(a)
The Fire Official shall determine the number of personnel necessary
for each event or emergent situation for which a fire watch is required.
(1)
The fire watch personnel shall be selected from employees serving
in the Borough's Bureau of Fire Prevention, or members of the Fire
Department.
(i)
Any member serving as fire watch personnel shall
be certified at a minimum of Firefighter One and possess a Firefighter
One certificate issued by the Division of Fire Safety.
(2)
Businesses may elect to provide their own fire watch personnel.
Should they choose to do this, documentation of ability to perform
the duties and responsibilities shall be supplied to the Fire Official.
(b)
Documentation of fire watch inspections with signatures of persons
inspecting shall be submitted to the Fire Prevention Bureau for the
file.
4.
Payment for fire watch services by property owners. Payment for a
fire watch on private property shall be made by the property owner
or tenant in accordance with the following:
(a)
Compensation for each employee assigned to the fire watch: $100
per hour, paid to the Elmwood Park Fire Prevention Bureau.
(b)
Administrative fee: $20 per hour shall be deducted from the
$100 and paid to the Fire Prevention Bureau.
(c)
Personnel payment: $80 per hour shall be paid to the individual
preforming the fire watch.
(d)
Payments for a nonemergent fire watch shall be made in advance
in accordance with a statement issued by the Borough. The statement
shall include the administrative fee and an estimate of compensation
to be paid to employees. If the actual amount of compensation to employees
exceeds the estimate, a supplemental statement shall be issued by
the Borough. If the estimate exceeds the actual amount of compensation
to employees, the property owner shall be reimbursed for the overpayment.
(e)
Payments to fire watch personnel shall be made to the person
or persons by the Borough.
(f)
The Fire Official shall have the discretion to waive payment
for a fire watch in appropriate circumstances.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,
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.
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.
[Ord. No. 95-8; amended 2-21-2019 by Ord. No. 19-06]
As used in this section:
Any items used to extinguish any fire or stop or contain
any leak or spill involving any hazardous materials which cannot be
reused or cannot be replenished without cost after that particular
fire, leak or spill. These shall include, but are not restricted to,
firefighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums and specialized protective equipment to include
but not restricted to acid suits, acid gloves, goggles and protective
clothing.
Any material solid, liquid or gas listed as such under the
NFPA Guide of Hazardous Materials or Department of Transportation
Guide Book.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery, airplanes and jet planes.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
a.
This section provides for the reimbursement for or the replacement
of the specialized and sometimes nonreusable equipment required by
state and federal regulations to be made available in the Borough
in case of fire, leakage or spillage involving any hazardous material.
b.
This section entitles the Borough of Elmwood Park to reimbursement
for any expendable items by the Borough or any of its agencies in
extinguishing any fire, stopping or containing any leak or controlling
any spill of hazardous materials.
Reimbursement to the Borough for any expendable items used shall
be made by the following parties:
a.
The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous material.
b.
The owner or person responsible for any vessel containing hazardous
material involved in any fire, leak or spill on public or private
property whether stationary or transit, whether accidental or through
negligence.
c.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
d.
Any person responsible for any fire, leak or spill of hazardous material
on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement in accordance
with the schedule which is on file in the office of the Borough Clerk
for services rendered by any recovery company, towing company, Fire
Department or other technical assistance called for by the Volunteer
Fire Department to handle such incident.
Any person, owner or company responsible for any fire, leak
or spill of hazardous material shall reimburse the Borough of Elmwood
Park for the full price of any expendable items used to extinguish
such a fire, stop or contain such a leak or control such a spill within
a period of 45 days after receipt of a bill for such items from the
Borough of Elmwood Park.
[1969 Code §§ 32-13 through 32-17; New; Ord. No. 2017-38; amended 2-21-2019 by Ord. No. 19-06]
a.
No person shall burn or cause to be burned any trash, lumber, leaves,
straw or any other combustible material in any street, alley or vacant
lot, without a permit from the Fire Marshal, except when such burning
shall be done in screened metallic receptacles approved by him and
under such proper safeguards as he may direct.
b.
On any lot containing a building, no person shall burn, or cause
to be burned, any materials, other than firewood, and then only in
an approved device, such as a chimenea or patio fireplace. This provision
shall be enforced by the Elmwood Park Fire Chief or his or her designee.
Ashes, smoldering coals or embers, greasy or oily substances
and other matter liable to spontaneous ignition shall not be deposited
or allowed to remain within 10 feet of any combustible materials,
except in metal or other noncombustible receptacles. Such receptacles
shall be placed on noncombustible stands, unless resting on a noncombustible
floor or on the ground outside the building, and shall be kept at
least two feet away from any combustible wall or partition.
a.
No person shall permit to remain upon any roof or in any court, yard,
vacant lot or open space any accumulation of wastepaper, hay, grass,
straw, weeds, litter or combustible or flammable waste or rubbish
of any kind.
b.
Every person making, using, storing or having charge or control of
any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw
or combustible trash, waste or fragments shall at the close of each
day cause all such material which is not compactly baled and stacked
in an orderly manner to be removed from the premises or stored in
suitable vaults or in metal or metal-lined and covered receptacles
or bins. Suitable presses shall be installed in stores, apartment
buildings, factories and similar places where accumulations of paper
and waste materials are not removed at least every second day.
a.
Cotton batting, straw, dry vines, leaves, trees, celluloid or other
flammable materials shall not be used for decorative purposes in show
windows or in stores without a permit from the Fire Official.
b.
Paper and other readily flammable materials shall not be used for
decorative purposes in any place of public assembly unless such materials
have first been treated to render them flameproof to the satisfaction
of the Fire Official.
a.
A person who shall violate a provision of this section or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of a detailed statement or plan submitted and approved thereunder, or of a permit issued thereunder, shall severally for each and every such violation and noncompliance be liable to the penalty stated in Chapter 1, § 1-5. The imposition of a penalty for a violation of this section shall not excuse the violation or permit it to continue, and such violation shall be remedied within a reasonable time; and each 10 days that such violation is permitted to exist shall constitute a separate offense.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[1969 Code §§ 32-34 and 32-35; Ord. No. 82-22; amended 2-21-2019 by Ord. No. 19-06]
Fire limits shall be established in conjunction with the adopted
Borough Zoning Ordinance Map 78-6[1] and Municipal Zoning and Site Plan Review Ordinance[2] for the protection of closely built commercial buildings
against fire hazards, of fire spreading from building to building,
and by supplementing restrictions on construction within such limits.
a.
District - shall be all C-L Local Commerce, C-G General Commerce,
and C-O Office Districts as outlined on the Zoning Map. Designated
boundary lines of said districts shall be considered limit areas.
b.
District - shall be all I-R Restricted Industry and I-G General Industry
as outlined on Zoning Map. Designated boundary lines of said districts
shall be considered limit areas. All residential districts or zones
shall be considered to be "outside fire limits."
c.
All nonconforming structures shall be considered within fire limits.
d.
All buildings and structures and all additions to existing buildings
and structures hereafter erected within the boundaries of the fire
limits shall be of Type 1, 2, 4, or 5 Construction of the Uniform
Construction Code.
e.
Fire limits shall comprise the areas containing congested business,
commercial and industrial uses or in which such use is developing.
[1969 Code §§ 80-35 through 80-38; Ord. No. 82-15; Ord. No.
91-13; amended 2-21-2019 by Ord. No. 19-06]
The purpose of this section is to control the parking of motor
vehicles in certain areas and locations designated as fire zones,
pursuant to the provisions of and in accordance with the authority
of N.J.S.A. 40:48-2.46.
No person shall park or locate a motor vehicle in any area containing
more than a three-family dwelling unit between the buildings, or between
the buildings and any street, road, or driveway which has been designated
by the Fire Department as a fire lane.
Said fire lanes and/or fire zones shall be appropriately signed
in the following style or designation, "Fire Lane - No Parking - Violators
subject to a fine and towing at owners' expense."
a.
Any person who shall violate the terms and provisions of this section
shall be subject to a fine of $100 plus costs of court for the first
offense; and for second offense, a fine of $150 plus costs of court;
and for a third and subsequent offense, a fine of $200 plus costs
of court.
b.
Second and subsequent offenses shall also subject the motor vehicle
to be towed at the cost and expense of the owner thereof.
