Township of Frankford, NJ Chapter 14 Fire Protection and Prevention

§ 14-1 LOCAL ENFORCEMENT OF THE NEW JERSEY UNIFORM FIRE CODE.

§ 14-1.1 Findings.

[Ord. No. 2002-6 Preamble]

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; and the New Jersey Department of Community Affairs has promulgated minimum fire safety standards which have been made 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 Township of Frankford to have the Uniform Fire Code enforced locally, and the local fire service has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Code.

§ 14-1.2 Local Enforcement.

[1982 Code § 13-2.1; Ord. 7/30/85 § 1; Ord. No. 2002-6 § 1]

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 Township of Frankford.

§ 14-1.3 Agency Designation.

[1982 Code § 13-2.2; Ord. 7/30/85 § 1; Ord. No. 2002-6 § 2]

The local enforcing agency shall be the municipality through its Bureau of Fire Prevention which is hereby created therein. The Bureau of Fire Prevention shall hereinafter be known as the local enforcing agency.

§ 14-1.4 Duties.

[1982 Code § 13-2.3; Ord. 7/30/85 § 2; Ord. No. 2002-6 § 3]

a. The local enforcing agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within the established boundaries of the Township of Frankford 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.

§ 14-1.5 Organization.

[Ord. No. 2002-6 § 4]

a. The Bureau of Fire Prevention established by subsection 14-1.3 shall be under the direct supervision and control of a Fire Official who shall report to the governing body of the Township of Frankford.

b. The Bureau of Fire Prevention shall have at least one paid inspector.

§ 14-1.6 Appointments, Qualifications, Term of Office and Removal of Fire Official; Inspectors and Legal Counsel.

[1982 Code § 13-2.6; Ord. 7/30/85 § 6; Ord. No. 2002-6 § 5]

a. Appointment and Qualifications of the Fire Official. The Fire Official shall be certified by the state and appointed by the governing body.

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 recommendation of the Fire Official. All life hazard use inspectors shall be certified by the state.

c. Appointment of Legal Counsel. The governing body shall specifically appoint legal counsel to assist the agency in enforcing the Uniform Fire Code.

d. Term of Office. The Fire Official shall serve for a term of a minimum of one year. Any vacancy shall be filled for the unexpired term.

e. 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.

§ 14-1.7 Life-Hazard Uses.

[Ord. No. 2002-6 § 6]

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.

§ 14-1.8 Non-Life-Hazard Uses.

[1982 Code § 13-2.9; amended by Ord. 7/30/85 § 9; Ord. No. 2002-6 § 7; Ord. No. 2003-5 § 1; Ord. No. 2011-03; 2-8-2022 by Ord. No. 2022-001]

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. The owners of all businesses, occupancies, buildings, structures or premises required to be inspected under this subsection 14-1.8 shall apply annually to the local enforcing agency for a certificate of registration upon forms provided by the Fire Official. It shall be a violation of this section for an owner to fail to return such forms to the local enforcing agency and/or Fire Official within 30 days of receipt. If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution of process or any other method, the new owner shall file with the local enforcing agency an application for a certificate of registration after notification by the local enforcing agency and/or the Fire Official. These uses shall be inspected once per year. The application shall be accompanied by fees in accordance with the following fee schedule for non-life-hazard uses in the local enforcing agency's jurisdiction and shall be included in Subchapter 2 of the Uniform Fire Code, amended by local ordinance; the schedule amount for each non-life-hazard use may be amended to fit the needs of the local enforcing agency. The fee is not to be used for life-hazard uses, as defined in the Uniform Fire Code.

1. Premises less than 3,000 square feet: $65.

2. Premises 3,000 square feet to 5,999 square feet: $100.

3. Premises 6,000 square feet to 11,999 square feet: $150.

4. Premises 12,000 square feet and over: $200.

5. Multilevel premises under three stories: $125.

6. Multilevel premises with three to six stories: $175.

7. Hotels and motels without interior stairways and with less than 50 rooms: $75.

8. Hotels and motels without interior stairways and 50 rooms or more: $150.

9. Multifamily dwellings (Use Group R-2 as defined in the Uniform Construction Code):

(a) Each common area: $60 per floor.

(b) Each dwelling unit: $30.

§ 14-1.9 Permit Fees for Permits Required Under N.J.A.C. 5:70-2.7 of the Uniform Fire Code.

[ 2-8-2022 by Ord. No. 2022-001; 2-7-2023 by Ord. No. 2023-001]

Note: Examples of activities given for each permit type are the most common, but are not limited to those listed.

a. Type 1.

1. Fee: $54.

2. Required for: bonfires and open burning; use of any open flame at any public gathering; any permanent cooking operation (food truck) that requires a suppression system in accordance with N.J.A.C. 5:70-4.7(g) and is not defined as a life-hazard use in accordance with N.J.A.C. 5:70-2.4; storage or handing of any flammable or combustible liquid less than 660 gallons; tents larger than 900 square feet; occasional use in any building of a multipurpose room, with a maximum permitted occupancy of 100 or more, for amusement, entertainment or mercantile type purposes.

b. Type 2.

1. Fee: $214.

2. Required for: carnivals employing mobile enclosed structures; storage of LP-gas cylinders when part of a cylinder exchange program.

c. Type 3.

1. Fee: $427.

2. Required for: storage or discharging of fireworks.

d. Type 4.

1. Fee: $641.

2. Required for: storage and handling of flammable or combustible liquids more than 660 gallons; storage of flammable and nonflammable compressed gases of more than 2,000 cubic feet.

e. Applications for fire safety permits are to be submitted at least 10 days prior to the event. Any person who fails to obtain a permit prior to said activity shall be subject to a late permit processing fee of $50.

f. Permit fees are subject to change in accordance with the New Jersey Uniform Fire Code (N.J.A.C. 5:70-2.9.)

g. All residential and business locations are required to obtain appropriate permits for tents and cooking operations when used for assembly purposes.

h. Food trucks at all events within the Township are required to obtain all permits that are required by the New Jersey Uniform Fire Code. Suppression system and hood cleaning reports are to be submitted with the permit application. Permits are valid for the specified event location for the calendar year. Each location requires a separate permit.

i. Food Truck Type 1 permit, annual registration (up to six inspections annually): $200.

§ 14-1.10 Certificate of Smoke Alarm, Carbon Monoxide Alarm, and Portable Fire Extinguisher Compliance (CSACMAPFEC).

[Added 2-8-2022 by Ord. No. 2022-001]

a. Installation required. All Use Group R-3 and R-4 dwellings subject to N.J.A.C. 5:70-2.3 shall have smoke and carbon monoxide detectors and fire extinguishers installed in accordance with the requirements of N.J.A.C. 5:70-4.19.

1. In one- and two-family or attached single-family dwellings subject to the requirements of N.J.A.C. 5:70-2.3, smoke alarms shall be installed as follows:

(a) On each level of the premises; and

(b) Outside of each separate sleeping area.

2. The smoke alarms required in paragraph a1 above shall be located and maintained in accordance with NFPA 72.

(a) The alarms shall not be required to be interconnected.

3. 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, AC-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.

(a) AC-powered smoke alarms shall be accepted as meeting the requirements of this section.

4. Carbon monoxide alarms shall be installed in all dwelling units in buildings in one- and two-family or attached single-family dwellings, except for units in buildings that do not contain a fuel-burning device or have an attached garage, as follows:

(a) Single-station carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s).

(b) 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.

5. Portable Fire Extinguishers.

(a) A portable fire extinguisher shall be installed in accordance with the following:

(1) The extinguisher shall be within 10 feet of the kitchen and located in the path of egress;

(2) The extinguisher shall be readily accessible and not obstructed from view;

(3) The extinguisher shall be mounted using the manufacturer's hanging bracket so the operating instructions are clearly visible;

(4) The extinguisher shall be an approved listed and labeled type with a minimum rating of 2A-10B:C and no more than 10 pounds;

(5) The owner's manual or written operation instructions shall be provided during the inspection and left for the new occupant;

(6) The extinguisher shall be serviced and tagged by a certified Division of Fire Safety contractor within the past 12 months, or the seller must have a receipt for a recently purchased extinguisher; and

(7) The top of the extinguisher shall not be more than five feet above the floor.

(b) Exception. Portable fire extinguishers shall not be required for seasonal summer units. For purposes of applying this exception, "seasonal summer unit" shall mean 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.

b. Responsibility of Seller/Landlord. In any case where a change of occupancy of any dwelling unit subject to the requirements of subsection 14-1.9e hereof shall occur, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that dwelling unit without first obtaining from the Fire Prevention Bureau a certificate evidencing compliance with the requirements of this section.

1. A CSACMAPFEC shall not be transferable. If the change of occupancy specified in the application for a CSACMAPFEC does not occur within six months, a new application shall be required.

2. The enforcing agency may issue a CSACMAPFEC for a seasonal rental unit for a period of up to 12 months, regardless of the number or frequency of changes in tenancy.

c. Fees.

1. Request for a CSACMAPFEC received more than 10 business days prior to the change of occupant: $75.

2. Request for a CSACMAPFEC received less than 10 business days prior to the change of occupant: $100.

3. Reinspection fee for CSACMAPFEC: $50.

d. Violations and Penalties. An owner who sells, leases or rents or otherwise permits to be occupied for residential purposes any dwelling unit subject to the provisions of this section when the premises does not comply with the requirements of subsection 14-1.9e hereof or without complying with the inspection and certification requirements of subsection 14-1.9f hereof is guilty of a violation of the Uniform Fire Safety Act to which this section is a supplement (P.L. 1983, c. 383, of the Laws of New Jersey)[1] and subject to any and all applicable penalties in that Act provided for such violation, except that the fines shall be not more than $500 for a first offense and not more than $2,000 for a subsequent offense.

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

§ 14-1.11 Fire Alarms.

[Added 2-8-2022 by Ord. No. 2022-001]

a. Response to Fire Alarms.

1. Upon activation of a fire alarm or other fire emergency in any structure other than a one- or two-family dwelling, the owner, tenant, occupant, or their designated representative shall respond to the structure in order to reset the alarm system, if necessary, and to allow the Fire Department access to the interior. The designated representative shall respond to the structure within 30 minutes.

2. Failure to comply with the above requirements may subject the responsible party, as defined above, to a penalty of $250.

b. False Alarms. It shall be unlawful for any person to cause, allow or activate a false alarm as defined in this section. In case of a false alarm, any person and any permittee who violates this section shall each be subject to the provisions of subsection 5-13.11.

1. Any person, firm or company that causes the transmission of a false alarm for testing or maintenance purposes, without the advance notification to the Fire Official, shall be guilty of a violation of this section and shall be subject to a fine of $250 for each occurrence.

§ 14-1.12 Fire Watch.

[Added 2-8-2022 by Ord. No. 2022-001]

a. Applicability. This subsection shall apply whenever the Fire Official shall determine that on-site fire personnel shall be required for a fire watch as a result of a fire protection system failure or deficiency, or fire and safety at any occupancy, except that this subsection shall not apply to a one- or two-family residential property.

b. Special Events. This subsection shall also apply whenever the Fire Official shall determine that on-site fire personnel shall be required for a fire watch at a special event to ensure the safety of the public or emergency responders. The owner or occupant responsible shall be required to obtain a permit for the use or event. Said permit shall be issued by the respective local enforcing agency.

c. Determination. If the Fire Official shall determine fire watch to be necessary, they will also determine the number of personnel required and the times that the personnel shall be on duty.

d. Fees. The fee for a special use or event fire watch shall be $40 per hour, per man.

§ 14-1.13 Key Boxes.

[Added 2-8-2022 by Ord. No. 2022-001]

a. When access to or within a building or structure other than owner-occupied one- and two-family dwellings not subject to the Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq., is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or for firefighting purposes, the local enforcing agency may require at its discretion a key box to be purchased and installed by and at the expense of the owner or occupant of the structure in an accessible location to be approved by the local enforcing agency.

b. For the purposes of this subsection, the following criteria shall be utilized by the local enforcing agency determining whether a key box is required.

1. The need for forcible entry during hours in which the structure is unoccupied.

2. Whether the building is equipped with a sprinkler system and/or an automatic alarm system.

3. Whether there exists an area within the structure that may not be visible from the exterior of the structure.

4. The types of occupancy or hazards contained in the structure.

5. Whether the structure contains multiple occupants.

c. The high-security key box shall be of a type approved by the Fire Official and shall be uniform within the jurisdiction of the local enforcing agency. Access to key boxes shall be available only to authorized personnel and only by the master key.

d. The key box shall contain the following items:

1. Updated keys necessary for access to all portions of the premises.

2. Keys to fire alarm control panels, keys necessary to operate or service fire alarm control panels and keys necessary to operate or service fire-protection systems.

3. Electronic entry cards.

4. Elevator and emergency information.

5. Floor plans.

6. Hazardous material locations.

7. Any other pertinent information which may be needed in an emergency or as required by the Fire Official.

e. The key box shall be maintained by the owner or occupant of the premises.

f. Any person found guilty of failing to install a key box as required pursuant to this subsection shall be punished by a minimum fine of $100. Each and every day that the violation continues shall be considered a separate offense.