Township of Washington, NJ Chapter 87 Fire Prevention

[HISTORY: Adopted by the Township Committee of the Township of Washington 6-18-1984 by Ord. No. 12-84; amended in its entirety 12-27-1994 by Ord. No. 30-94 (Sec. 3-2 of the Revised General Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 39.

Property maintenance — See Ch. 148.

§ 87-1 Local enforcement authorized.

Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] the New Jersey Uniform Fire Code shall be locally enforced in the Township of Washington.

[1] Editor's Note: See N.J.S.A. 52:27D-202.

§ 87-2 Definitions.

As used in this chapter, the following words are defined as follows:

CHIEFS OF THE FIRE DEPARTMENT

Each duly elected Chief of a duly constituted Volunteer Fire Company serving the territorial jurisdiction of the Township of Washington, in the County of Morris.

CORPORATION COUNSEL

The Township Attorney.

MUNICIPALITY

The Township of Washington, in the County of Morris and State of New Jersey.

§ 87-3 Designation of enforcing agency.

The local enforcing agency shall be the Washington Township Fire Prevention Office, which shall be headed by the Fire Official.

§ 87-4 Powers and duties of enforcing agency.

The local enforcing agency shall enforce the Uniform Fire Safety Act[1] and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of the municipality, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code.

[1] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

§ 87-5 Inspections of life hazard uses.

The local enforcing agency established by § 87-3 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the Department of Community Affairs of New Jersey.

§ 87-6 Fire Official; appointment; terms; removal.

A. The local enforcing agency shall be under the direct supervision and control of the Fire Official of the Township of Washington. The Fire Official shall be appointed by the Township Committee. Prior to appointment, the Chiefs of the Fire Department may submit nonbinding recommendations to the Township Committee. The Fire Official shall serve for a term of one year.

[Amended 12-18-2000 by Ord. No. 33-00]

B. Such inspectors and other employees as may be necessary in the local enforcing agency may be appointed by the Township Committee upon the recommendation of the Fire Official.

C. The Fire Official, inspectors and other employees of the local enforcing agency shall be subject to removal by the Township Committee for inefficiency or misconduct. Upon request, said employee shall be afforded an opportunity to be heard by the Township Committee or a designated hearing officer.

§ 87-7 Supervision.

[Amended 12-18-2000 by Ord. No. 33-00]

The Washington Township Fire Official shall report directly to the Township Administrator.

§ 87-8 Annual report.

The local enforcing agency, in addition to any other reporting requirements delegated to it under the Uniform Fire Code, shall submit annually a report to the Township Committee and Chiefs of the Fire Department summarizing all proceedings and actions taken during the calendar year under review. The report shall contain such information as inspection reports, correspondence, notices and orders relevant to all proceedings under the code as may be required by the Chiefs of the Fire Department and/or the Township Committee.

§ 87-9 Corporation Counsel.

The Township of Washington specifically appoints and designates the Township Attorney to assist the local enforcing agency to enforce the code. The Township Attorney shall advise the agency and undertake such actions at law as shall be necessary to gain compliance with the code.

§ 87-10 Board of Appeals.

Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,[1] any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of the County of Morris.[2]

[1] Editor's Note: See N.J.S.A. 52:27D-206 and 27D-208, respectively.

[2] Editor's Note: Original § 3-3, Uniform Fire Safety Code, added 8-19-1985 by Ord. No. 28-85, was repealed 12-27-1994 by Ord. No. 30-94.

§ 87-11 Non-life-hazard uses.

[Added 9-18-2000 by Ord. No. 22-00; amended 7-19-2004 by Ord. No. 15-04; 4-18-2005 by Ord. No. 15-05; 2-15-2010 by Ord. No. 04-10; 4-15-2019 by Ord. No. 07-19]

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:

Use	Annual Fee
A — Assembly Use Group
A-1 Eating establishment under 50	$50
A-2 Take-out food service (no seating)	$50
A-3 House of worship not exclusively used for religious purposes	$50
A-4 Recreation centers, multipurpose, etc. (fewer than 50)	$75
A-5 Court rooms, library, fraternal organizations, condominium centers (fewer than 50)	$75
A-6 Senior centers (fewer than 50)	$75
B — Business Use Group
B-1 Professional use one- and two-story (up to 1,000 square feet)	$42
B-2 One- and two-story (1,001 to 2,500 square feet)	$50
B-4 Three- to five-story
(Less than 5,000 square feet)	$100
(5,001 to 10,000 square feet)	$150
B-5 Three- to five-story (10,001 square feet or greater)	$190
C — Retail/Mercantile Use Group
M-1 One- and two-story (less than 5,000 square feet)	$125
M-2 One- and two-story (more than 5,000 square feet and less than 12,000 square feet)	$150
M-4 Three- to five-story (less than 5,000 square feet)	$200
M-5 Three- to five-story (more than 5,000 square feet and less than 12,000 square feet)	$225
D — Manufacturing/Factory Group
F-1 One- and two-story (less than 5,000 square feet)	$100
F-2 One- and two-story (more than 5,000 square feet and less than 12,000 square feet)	$125
F-4 Three- to five-story (less than 5,000 square feet)	$175
F-5 Three- to five-story (more than 5,000 square feet and less than 12,000 square feet)	$200
S — Storage Use Group
S-1 One- and two-story (less than 5,000 square feet)	$75
S-2 One- and two-story (more than 5,000 square feet and less than 12,000 square feet)	$125
S-4 Three- to five-story (less than 5,000 square feet)	$175
S-5 Three- to five-story (more than 5,000 square feet and less than 12,000 square feet)	$200
R — Residential Use Group
R-1 As defined in Uniform Fire Code	$75
R-2 3 As defined in Uniform Fire Code	See § 87-11E
R-3 As defined in Uniform Fire Code	See § 87-11E
R-4 As defined in Uniform Fire Code	See § 87-11E
U — Utilities Use Group
U-1 Under 2,500 square feet	$100
U-2 2,500 and over square feet	$125
E — Common Areas Use Group
E-1 One- and two-story (less than 5,000 square feet)	$75
E-2 One- and two-story (more than 5,000 square feet and less than 12,000 square feet)	$100
E-3 One- and two-story (more than 12,000 square feet)	$125
E-4 Three- to five-story (less than 5,000 square feet)	$125
E-5 Three- to five-story (more than 5,000 square feet and less than 12,000 square feet)	$150
E-6 Three- to five-story (more than 12,000 square feet)	$200
F — Agricultural Use Group
Initial registration	$75
Subsequent annual registration	$50

B. Uses not classified above that are subject to the Uniform Fire Code shall be classified as business uses.

C. Uses required to register with the state as life-hazard uses shall not be required to register under this section.

D. Township-owned buildings, buildings owned and occupied by municipal fire companies and/or rescue squads, buildings owned and occupied by nonprofit religious organizations that are used solely for religious purposes and buildings owned and occupied by nonprofit organizations used solely for nonprofit purposes shall be exempt from inspection fees.

E. All residential uses except R-1 Uses shall be inspected in the common areas only and the fees established for the Common Areas Use Group shall apply.

F. Failure to pay registration fee shall result in a penalty of double the outstanding registration fee, in addition to the initial registration fee.

§ 87-12 Enforcement, violations and penalties.

[Added 9-18-2000 by Ord. No. 22-00]

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.

§ 87-13 Fees.

[Added 12-18-2000 by Ord. No. 33-00; amended 2-14-2018 by Ord. No. 04-18; 4-15-2019 by Ord. No. 07-19]

All state permit fees and Fire Code status fees shall be as established by the Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq., except for the following, as permitted by N.J.A.C. 5:70-2.9(f):

A. Certificate of smoke detector and carbon monoxide alarm compliance (CSDCMAC) certificate:

(1) Requests for a CSDCMAC received more than 10 business days prior to the change of occupant: $40;

(2) Requests for a CSDCMAC received four to 10 business days prior to the change of occupant: $70;

(3) Requests for a CSDCMAC received fewer than four business days prior to the change of occupant: $125.

(4) The fee for each additional inspection after failure(s) of Subsection A(1), (2), or (3) above shall be the same as the fee for the initial inspection.

B. Failure to pay application free for permit shall result in a penalty of double the application fee, in addition to the initial application fee.

C. Lead paint assessment fees:

[Added 10-17-2022 by Ord. No. 11-22]

(1) Requests for a lead paint assessment received more than 10 business days' prior to the change of occupant: $40.

(2) Requests for a lead paint assessment received four to 10 business days' prior to the change of occupant: $70.

(3) Requests for a lead paint assessment received fewer than four business days' prior to the change of occupant: $125.

§ 87-14 Key box system.

[Added 11-18-2019 by Ord. No. 14-19]

A. Key box required; applicability. The Township Fire Official may require a property owner or operator to install a key box where the property is protected by a fire protection system with secured openings that may impede access to or within a structure or an area on that property if immediate access is necessary for lifesaving or firefighting purposes. This requirement applies to all existing buildings, structures and property, except for owner-occupied one- or two-family residences. The Fire Official may require the installation of a key box for an unoccupied or vacant building, structure or property.

B. Key box location, contents and installation.

(1) The Township Fire Official shall approve in writing the type, location, and installation of the key box.

(2) The key box shall be installed as per manufacturer specifications.

(3) The property owner or operator of each property required to have a key box shall, at all times, keep the following in the key box as required by the Township Fire Official. Keys shall be clearly labeled or marked to identify the doors they open or devices they operate.

(a) Keys to locked points of ingress, whether on the interior or exterior of such property and/or buildings.

(b) Keys to locked mechanical rooms.

(c) Keys to locked elevator rooms.

(d) Keys to elevator controls.

(e) Keys to any fence or secured areas.

(f) All access or combination codes to locked points of egress or ingress, whether on the interior or exterior of such property and/or buildings.

(g) A business-size card containing the emergency contact person and phone number for such property or building.

(h) Keys to other areas as directed by the Fire Official.

(i) Other material as directed by the Fire Official.

C. Key box maintenance and associated cost. In the event the key to the structure is changed or rekeyed, the owner or operator shall immediately notify the Township Fire Official and provide the updated access key. The key to the lock shall be secured in the key box. The property owner shall be responsible for all costs associated with the installation and maintenance of the key box. The Township may recoup from the owner or operator all costs incurred in connection with the procurement, installation and maintenance of a key box.

D. Violations and penalties.

(1) Fire Prevention shall be the enforcing agency of this subsection.

(2) Any owner or operator violating any provision of this subsection shall be subject to a fine of $100 for the first offense, $200 for the second offense, and $300 for the third and future offenses for failure to comply. The existence of a violation for a period of up to 30 continuous days shall constitute a single violation.

(3) The Township Fire Official shall notify the responsible party of any violation in writing. Within 30 days of the service of such notice, the owner/operator shall correct the violation or show why the structure was not subject to this section. The Township Fire Marshal shall consider such information, reaffirm or rescind the key box fine and notify the owner of his/her decision by mail. The owner/operator may appeal the decision of the Township Fire Official within 20 days after service of the notice of decision by submitting an appeal in writing to the Township Committee, which shall hold a hearing thereon and shall affirm, reverse or modify the decision of the Township Fire Official.