Township of East Hanover, NJ Fire Prevention Code

§ 26-36 Registration; inspection; and fee schedule of nonlife hazard uses.

Nonlife hazard uses (LHUs); registration and fees.

Registration(s) and fee(s) required pursuant to the Uniform Fire Safety Act and the regulations of the DCA, Division of Fire Safety (DFS), and Bureau of Fire Prevention established by this chapter shall accept responsibility for nonlife hazard uses, which shall be registered and have an annual registration fee and the Code, shall be enforced through periodic, cyclical inspections. The registration process will provide accountability for all types of businesses and stored contents, as well as create a safer environment for the public and emergency services(s).

(2)

All commercial, industrial, educational, recreational, and other nonresidential uses that are not defined as an LHU shall be annually registered, which shall include the following but not limited to:

(a)

Assembly;

(b)

Business/Professional;

(c)

Retail (mercantile);

(d)

Manufacturing (factory); or

(e)

Storage.

(3)

An annual application for registration shall be submitted to the Bureau of Fire Prevention by the owner of each non-LHU. The necessary forms shall be provided by the LEA and require information for registration.

(4)

If ownership is transferred, whether by sale, assignment, gift, intestate succession, devise, reorganization, receivership, foreclosure, execution of process, and/or any other method, the new owner shall file an application for a certificate of registration with the LEA within 30 days of said transfer.

(5)

The fee for the registration on nonlife-hazard use shall be as set from time to time by resolution and shall be paid for by the responsible party or, where applicable, by a condominium and/or association within 30 days.

(6)

Business occupancies, premises, or structures may be inspected at a minimum of once per calendar year and shall pay an annual registration fee as set forth below. Business occupancies, premises, or structures:

(a)

Up to 2,500 square feet in gross area:

[1]

$75.

(b)

Between 2,501 square feet and 5,000 square feet in gross area:

[1]

$100.

(c)

Between 5,001 square feet and 10,000 square feet in gross area:

[1]

$125.

(d)

Between 10,001 square feet and 20,000 square feet in gross area:

[1]

$200.

(e)

Between 20,001 square feet and 50,000 square feet in the gross area:

[1]

$250.

(f)

Excess of 50,001 square feet and 50,000 square feet in[1] the gross area:

[1]

$300 for the first 50,000 square feet, and

[2]

$50 for each 1,000 square feet[2] thereafter to a maximum fee of $525.

[2]

Editor's Note: As in original.

[1]

Editor's Note: As in original.

(7)

For each attached nonowner occupied residential structure(s), including accessory structure(s) or premise(s):

(a)

From three to 10 units:

[1]

$150 per year,

(b)

From 11 to 20 units:

[1]

$200[3] per year,

[3]

Editor's Note: As in original.

From 21 to 30 units:

$250 per year,

Over 31 units:

$500 per year.

Every commercial complex, structure, or premise requiring inspection under this section of the code with common area protective equipment and/or fire suppression systems such as but not limited to a sprinkler system(s), fire alarm system(s), private service water main(s) with private hydrant(s), auxiliary appliances or other fire safety devices, the registration fee shall be:

(a)

Each and every premise:

[1]

$50 per year,

(b)

Exemption from fee(s):

[1]

All municipal-owned and East Hanover Board of Education or Hanover Park Regional Board of Education-owned properties.

[2]

The fee(s) outlined in this section shall not be required by building owners who occupy a space in an owner-occupied premise.

(9)

Before any one- and two-family or attached single-family structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes as required by N.J.A.C. 5:70-2.3, the owner(s) shall obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC), evidencing compliance with N.J.A.C. 5:70-4.19, from the LEA. The application fee for a CSACMAPFEC shall be based upon the amount of time before the change of occupant is expected, as per the following:

(a)

Application received more than 10 business days before a change of occupant, and the fee shall be $100.

(b)

Application received four to 10 business days before a change of occupant, the fee shall be $125.

(c)

Application received less than four days before a change of occupant, and the fee shall be $150.

(d)

Request for certification on the same day as the settlement; the fee shall be $200.

(e)

For each reinspection that is required because of any missing, outdated, or nonworking protective equipment and/or failure of the applicant and/or applicant's agent not present for the inspection and/or cancellation received less than 24 hours, the fee shall be $50.

(f)

Penalty. A responsible party who sells, leases, rents, or otherwise permits to be occupied for residential purposes any premises subject to the provisions of P.L. 1991, c. 92 (C. 52:27D-198.1 et seq.) when the premises do not comply with the requirements of Section 1 of P.L. 1991, c. 92 (C. 52:27D-198.1), or without complying with the inspection and certification requirements of Section 2 of P.L. 1991, c. 92 (C. 52:27D-198.2), shall be subject to a penalty of not more than $500 in the case of a violation for an alarm device, or a penalty of not more than $100 in the case of a violation for a portable fire extinguisher, which may be collected and enforced by the LEA as defined in subsection g. of Section 5 of P.L. 1983, c. 383 (C. 52:27D-196).

(10)

The application fee for a certificate of fire code status and/or inspection for any premise to obtain a certificate of occupancy (CO), and/or certificate of habitability (CH), and/or certificate of acceptance (CA) from the municipality shall be $50. The certificate shall be valid for up to six months of issuance.

(11)

Failure of the responsible party to pay the registration fee(s) as set forth in Subsection A hereof when the same is due shall subject said party to a penalty of not less than an amount equal to the unpaid fee but not to exceed $750. Payment of the fee after penalty notice was served to the responsible party shall not relieve a responsible party from paying the penalty, and payment of the penalty than not relieve the responsible party from the obligation to pay the fee. Where penalty payment was not made within one calendar month, a summons to appear in municipal court shall be issued.

§ 26-37 Fire watch; where required.

Whenever the Bureau Chief and/or an authorized representative(s) determines that on-site fire personnel shall be required for fire watch as a result of fire protection system failure and/or deficiencies and/or fire and life safety at any occupancy and/or at entertainment event or pyrotechnics display shall be required to ensure the safety of the public or emergency responders.

At the discretion of the Bureau Chief and/or an authorized representative(s), they may assign and determine the number of personnel required and the times that the personnel shall be on duty and/or if fire apparatus and/or rescue equipment shall be required to perform fire watch services as described in the preceding subsections. While on said duties, the fire watch attendant so assigned shall be under the supervision and control of the Bureau Chief and/or an authorized representative(s).

The cost of personnel and equipment shall be recovered at a rate approved by this ordinance outlined in § 26-37D.

When personnel and/or apparatus are required or mandated or as directed by the Bureau Chief and/or an authorized representative(s), and/or as requested by any person(s) or entity to perform any duties, fees are outlined as follows:

(1)

Firewatch personnel: $85 per hour - two-hour minimum;

(2)

Firewatch personnel: less than 48 hours notice, $105 per hour - four-hour minimum;

(3)

Line officer: $85 per hour - two-hour minimum;

(4)

Fire apparatus: command car - $45 per hour - two-hour minimum;

(5)

Fire apparatus: pumper/engine - $100 per hour - two-hour minimum;

(6)

Fire apparatus: Aerial truck - $125 per hour - two-hour minimum;

(7)

Fire apparatus: utility/support - $85 per hour - two-hour minimum.

A suitable notification shall be made to the Bureau Chief; 48 hours shall constitute suitable notification. In instances where forty-eight-hour notification is not possible nor reasonable, standard rates of pay shall prevail:

(1)

Time shall be in "whole hours"; there are no fractional hours.

(2)

Once the subsequent hour has begun, the responsible party shall be invoiced for the entirety of that hour.

Invoices and collection fees will be invoiced by the LEA to the responsible party. $10 of any hourly amount paid will be withheld by the Bureau of Fire Prevention for administrative and insurance costs. All invoices shall be 30 days net. The municipality reserves all legal rights to collect any unpaid invoice.

§ 26-38 Permits; required.

Permits shall be required and obtained from the LEA for the activities specified in N.J.A.C. 5:70-2.7 in accordance with the provisions of the N.J. Uniform Fire Code.

A permit shall not be transferable and remain in effect for one calendar year unless otherwise specified or until revoked.

Any change in use, operation, or tenancy shall require a new permit, except where they are an integral part of a process or activity shall be registered and regulated as an LHU.

Permits shall be retained on the premises designated therein and subject to inspection by the Bureau Chief and/or an authorized representative(s).

Permit(s) application fee(s):

(1)

The permit(s) application fee schedule shall be per N.J.A.C. 5:70-2.9(c).

§ 26-39 Violations and penalties.

Any person(s) and/or responsible party and/or owner who shall violate any of the provisions of this code and/or fail to comply with any order made thereunder to this chapter or who shall build in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal had been taken, or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, the said municipal court, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, pursuant to N.J.S.A. 40:49-5, punishable by a:

(1)

A penalty not exceeding $2,000; and/or,

(2)

By a period of community service not exceeding 90 days; and/or

(3)

Imprisonment for any term not exceeding 90 days;

For such violation, nothing contained herein shall limit further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any violation.

Any monies collected shall be distributed, with 75% going to the LEA and 25% to the "Township of East Hanover," excluding all court costs. Collection of any unpaid fee or penalty shall be enforced through the Township Municipal Court or a court of competent jurisdiction.

The application of the above penalty shall not prevent the enforced removal of prohibited conditions.

When a person(s) and/or owner(s) and/or a responsible party violates any provision of this chapter, they shall be liable to a penalty in the amount of the actual cost to the FD of suppressing any fire and/or operating at an emergency incident that was directly and/or indirectly resulting from the said violation(s). All money collected pursuant to this subsection shall be paid to the municipality and appropriated to the FD to defray the certified costs.

§ 26-40 Tax liens; fire damaged properties.

Pursuant to N.J.S.A. 17:36-8 et seq., no insurer issuing fire insurance policies in this state shall pay any claims for fire damages in excess of $2,500 on any real property located within a municipality to any fire insurance policy issued or renewed after the adoption of this article and after the filing with the State Commissioner of Insurance, until such time as anticipated that demolition costs and all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search of the municipality pursuant to N.J.S.A. 54:5-12, either by the owner of such real property or by the insurance company, or the municipality enters into an agreement pursuant to N.J.R.S. 54:5-19 or Article 7 of Chapter 5 title 54 of the revised statute(s).

Anticipated costs of demolition. If a demolition has not yet occurred on the date of receipt of a request for an official certificate of search, pursuant to this section, the insurer shall provide on that certificate an estimate of the anticipated costs of demolition. The insured on notice shall pay the anticipated cost of demolition to the municipality, which shall hold the funds in an interest-bearing escrow account in a state or federally charted bank, savings bank, or savings-and-loan association in state.

Appeals. If an appeal is taken on the amount of any lien or charge other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable to the court of record to be held by the court in an interest-bearing escrow account in the state or federally chartered bank, savings bank or savings-and-loan association in the state in an amount totaling 75% of the full amount of the lien or charge being contested, but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality for the remaining 25% of the lien or charge being contested with the full amount paid by the insurance company to the court and the municipality not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest-bearing accounts in state or federally chartered banks, savings banks or savings-and-loan associations to the state shall be disbursed in accordance with the final order and/or court judgment.

§ 26-41 Reimbursement of costs and expenses for emergency incidents and standbys.

The LEA may invoice and recover the cost of fire-fighting materials used and expended; the cost of the use of the fire trucks, fire engines, rescue equipment, and/or any other fire equipment; the cost of personnel hours; the cost of hazardous situations abatement materials; and any other reasonable costs incurred, with respect to any emergency and/or emergency incident(s) which the EHFD and/or Bureau of Fire Prevention and/or mutual aid department(s), as well as any other actual expenses.

Fee schedule; cost. The fee schedule for the cost used and expended, as said above in § 26-41, is as follows:

(1)

Fire Inspector/Fire Marshal: $85 per hour - two-hour minimum;

(a)

Fire fighter: $75 per hour - two-hour minimum;

(b)

Line officer: $85 per hour - two-hour minimum;

(c)

Chief officer: $100 per hour - two-hour minimum;

(d)

Administrative support: - $45 per hour - two-hour minimum.

(e)

Fire apparatus(s) and/or authorized emergency vehicle(s):

[1]

Command car - $45 per hour - two-hour minimum;

[2]

Pumper/engine - $100 per hour - two-hour minimum;

[3]

Aerial truck - $125 per hour - two-hour minimum;

[4]

Utility/support - $85 per hour - two-hour minimum.

§ 26-42 Fire suppression equipment; use and maintenance.

A person(s) and/or responsible party shall not obstruct, remove, tamper with, or otherwise disturb any protective equipment and/or fire protection equipment and/or fire hydrant and/or fire appliance required to be installed or maintained under the provisions of the Code and the N.J. Uniform Fire Code, except for the purpose of extinguishing fire, training or testing purposes, recharging, or making necessary repairs or when permitted by the Bureau Chief.

Whenever protective equipment is removed as herein permitted, said equipment shall be replaced and/or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and/or nonapproved protective equipment shall be replaced and/or repaired with nondefective and/or approved protective equipment.

Violations and penalties. Any person(s) and/or responsible party and/or owner(s) who fails to report any incident described herein and as previously mentioned or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under § 26-39 of this code.

§ 26-43 Certificate of fire code status.

Subsequent owners or those succeeding to control over the premises shall be responsible for correcting unabated violations and for the payment of outstanding fees and/or penalties whether or not they have requested a certificate of fire code status. This shall apply for all nonresidential building(s) and/or structure(s) requiring and/or requesting a certificate of occupancy (CO), and/or certificate of habitability (CH), and/or certificate of acceptance (CA). The application fee for a certificate of fire code status and/or inspection is set forth in § 23-36A(11).

§ 26-44 Reports.

The fee established for copies of fire report(s) and/or fire investigation(s) reports for insurance companies, owners, and/or occupants shall be $40 payable to the municipality.

§ 26-45 Rental property registration (RPR) of multiple dwelling(s).

All dwelling and multiple dwelling(s) rental units shall hereafter be registered with the LEA on forms which shall be provided for that purpose and which shall be obtained from the LEA.

Exemption. One- and two-family or attached single-family structure.

Initial registration provisions. Each rental unit shall be registered; the registration shall be effective so long as the occupancy of the rental unit and the information necessary to obtain the certificate of registration has not changed. The initial registration shall occur within 30 days following the adoption of this chapter. No rental unit shall hereafter be rented unless the rental unit is registered and a certificate is issued in accordance with this chapter.

Registration forms; filing; contents. Without in any way intending to infringe upon the requirements of N.J.S.A. 46:8-28, all rental units shall be registered, and a said certificate shall be issued as provided herein. Every owner(s) shall file with the LEA or designee of the municipality such other person(s) as designated by the LEA a registration form for each unit contained within a building or structure, which shall include the following information:

(1)

The name(s) of the tenant of record and occupants, which information shall be made available only to the Board of Education. This information shall remain confidential and not be available to the public.

(2)

The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same person(s). In the case of a partnership, the names and addresses of all general partners shall be provided, together with the telephone numbers for each of such individuals indicating where such individuals may be at all hours of the day.

(3)

If the record owner is a corporation(s), the name(s) and address(s) of the registered agent(s) and corporate officer(s) of said corporation shall be provided, together with the telephone numbers for each of such individuals indicating where such individuals may be reached both during the day and evening hours.

(4)

The name(s) and address(s) of the agent of the premises, if any.

(5)

The name and address, including the dwelling unit number, of the superintendent, janitor, custodian, or other individual employed by the owner or agent to provide regular maintenance service, if any.

(6)

The name, address, and telephone number of an individual representative or the owner or agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.

(7)

The name(s) and address(s) of every holder(s) of a recorded mortgage on the premises.

(8)

If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name(s) and address(s) of the fuel oil dealer servicing the building and the grade of fuel oil used.

(9)

As to each rental unit, a specification of the exact number of sleeping rooms contained in the rental unit. To satisfy the requirement of this provision, an owner shall submit the square footage of the rental unit, which shall become part of the application, and which shall be attached to the registration form when filed by the LEA and/or designee.

(10)

Such other information may be prescribed by the municipality.

Registration fee. The registration fee shall be $50 for each rental unit, and there shall be renewal must be made every three years (per unit) or upon a change in tenant within those three years, and the renewal fee shall be $50.

(1)

Exemption. There will be no fee for owner-occupied units: the owner must be on the deed and must supply a copy of their driver's license or some other document as proof of residency.

Occupant(s) standards.

(1)

Standards. Only those occupants whose names are on file with the LEA, as provided in this chapter, may reside on the premises. It shall be unlawful for any other person(s) to reside in said premises, and this provision may be enforced against the landlord(s), tenant(s), or other person(s) residing in said premises.

(2)

Nuisance; prohibited. No rental facility shall be conducted in a manner that shall result in any unreasonable disturbance or disruption to the surrounding properties and property owners or of the public, in general, such that it shall constitute a nuisance as defined in the ordinances of the municipality.

(3)

Compliance with other laws. The maintenance of all rental facilities and the conduct engaged upon the premises by occupants and their guests shall at all times be in full compliance with all applicable ordinances and regulations of the municipality and with all applicable state and federal laws.

Inspections; access for inspections and complaints.

(1)

Subsequent to the initial registration, each rental unit shall be inspected at the change in occupancy of the unit before a new tenant under occupies provisions of P.L. 1991, c. 92 (C. 52:27D-198.1 et seq.).

(2)

Said inspection shall be performed by the LEA, by an authorized representative(s), and inspections made by a person(s) or an agency other than the duly authorized and appointed person(s) or agency of the municipality shall not be used as a valid substitute. Said inspections shall be for the purpose of determining compliance with the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.), this code, and other related codes, regulations, and laws promulgated.

Violations and penalties.

(1)

When the responsible party of the premises does not comply with the requirements of Section 1 of P.L. 1991, c. 92 (C. 52:27D-198.1), or without complying with the inspection and certification requirements of Section 2 of P.L. 1991, c. 92 (C. 52:27D-198.2), shall be subject to a penalty of not more than $500 and in the case of a violation of an alarm device.

(2)

It shall be subject to a penalty of not more than $100 in the case of a violation of a portable fire extinguisher, which may be collected and enforced by the LEA agency as defined in subsection g. of Section 5 of P.L. 1983, c. 383 (C. 52:27D-196).

(3)

Failure to renew every three years or to notify the LEA upon change of tenant will result in an increased fee which shall double for each offense.

(4)

Any person(s), firm(s), and/or corporation(s) which shall violate any provisions of this article with the exception of § 26-45F(2) shall be subject to the penalty as provided in § 26-39 in this code. Each violation of any of the provision(s) of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.

§ 26-46 Nuisance alarms of protective equipment and/or fire protection equipment.

The provisions of this section shall apply to any person(s) who operates, maintains, or owns any alarm device and/or local alarm designed to summon EHFD to any location in response to any alarm signal. For purposes of this section, "nuisance alarms" shall mean the actuation of a fire protection equipment and/or protective equipment alarm device of any type to which the FD responds and for which an investigation fails to reveal a cause of the nature or type to which the alarm device was designed and/or intended to react.

All fire protection equipment and/or protective equipment systems required to be installed to comply with any law, ordinance, or order shall be maintained in operative condition. Said equipment and/or systems that transmit unnecessary alarms due to misuse, accidential activation, improper supervision, equipment malfunction, and/or improper testing shall be considered nuisance alarms.

The Bureau Chief shall investigate and/or cause to be investigated all false alarms and shall keep records of such alarms. Three or more false alarms within a calendar year, transmitted from the same location, shall be considered excessive, and the Bureau Chief and/or an authorized representative(s) shall issue a municipal summons:

(1)

In case of a protective equipment and/or fire protection equipment alarm activation, the IC shall report a nuisance alarm responded to by the FD to the Bureau Chief and/or their authorized representative(s). If doubt exists as to the cause of the nuisance alarm, the Bureau Chief and/or an authorized representative(s) of the LEA shall determine the circumstances of the activation.

(2)

The Bureau Chief and/or an authorized representative(s) shall investigate and keep a record of nuisance alarms responded to by the FD, and the following penalties shall apply to the person to whom the alarm is issued:

(a)

For up to two nuisance alarms in any twelve-month period, thereon after, a penalty of $50 for residential and $75 for commercial shall be issued to the responsible party. For each subsequent consecutive alarm within the calendar year, the penalty shall double for each nuisance alarm which shall be paid to the LEA, payable to the "Township of East Hanover."

(3)

Any person(s) and/or responsible party shall immediately take all necessary action(s) to ascertain the cause of any nuisance alarm and alleviate the problem. Failure to take reasonable precautions to avoid nuisance alarms shall be deemed a violation of this code.

(4)

On new installations, a grace period of 30 days shall be before the imposition of any penalty to allow the user to become familiar with the fire protection equipment and/or protective equipment.

(5)

Protective equipment and/or fire protection equipment and/or fire protection contractor(s) and/or contractor(s) who cause nuisance alarms by failing to ensure the systems are working, placed on test mode prior to beginning work, and/or without prior notice to the EHPD and the LEA shall be considered nuisance alarm(s) and issued a penalty of $200 per offense they commit regardless of address or location.

(6)

All residential and/or commercial responsible parties shall provide the monitoring agency with a current list of names and phone numbers of contact people available to respond when an alarm is activated. All parties shall have a representative on location within 30 minutes of alarm notification. The representative(s) shall have access to all areas of the property, working knowledge of the said system that causes the alarm, proper passcodes, and the ability to place the system temporarily out of service with the monitoring company, if necessary.

(7)

At the discretion of the IC, it is acceptable to allow a representative who cannot respond to correct the situation via telephone with the monitoring agency if possible. If the absence of a representative for whatever reason results in additional dispatches of the FD and/or the LEA for subsequent nuisance alarms, those alarms will be met with a penalty of $100 for residential and $200 for commercial per occurrence.

(8)

In the event the monitoring agency is unable to contact a representative, the first offense shall be subject to a penalty of $100 for residential and $200 for commercial and shall be issued for each subsequent offense. If a representative is contacted but refuses to respond, an immediate penalty shall be issued up to $200.

(9)

Protective equipment testing required under the N.J. Uniform Fire Code without prior notice to the EHPD and the Bureau Chief and/or LEA shall be considered false alarm(s). If the LEA determines that the alarm cause(s) is due to work being performed by a fire protection contractor(s) and/or contractor(s), regardless of trade, said contractor shall be held responsible and shall be issued a $200 penalty.

(10)

Person(s) found to have tampered with and/or attempted to unlawfully disable fire protection equipment and/or protective equipment and/or to interfere with the effectiveness of any protection system shall be deemed to violate this order and shall be penalized under § 26-39 of this code.

§ 26-47 Evacuation of premises.

When a protective equipment and/or fire protection equipment alarm activates in any structure and/or premises containing such said systems and/or devices, except those included in Use Group R-3, as defined in the N.J. Uniform Fire Code, the occupants shall be notified and immediately evacuate the structure or premises without silencing or resetting the alarm prior to the FD IC and/or an authorized representative(s) approval. Once notified, no person(s) shall enter or reenter until authorized by the FD IC and/or their representative and/or an authorized representative(s) from the LEA.

Any person(s) and/or responsible party who refuses to leave, interferes with the evacuation of other occupants, or continues any operation after having been given an evacuation order, except such work as that person(s) is allowed to perform, shall be deemed in violation of the Code and shall be subject to a penalty and/or arrest as provided therein as a disorderly person offense in the judgment of the EHPD officer.

The IC and/or Bureau Chief shall certify in writing any above violations before issuing any notice of violation or penalty to the LEA. The certification shall include the name of any occupant(s) who failed to evacuate and the date and time of occurrence. The Bureau Chief and/or an authorized representative(s) shall be penalized and/or punishable under § 26-39 of this code.

§ 26-48 Reporting.

It shall be a violation of this code for any person(s) knowledge of the occurrence of any fire; any attempted arson; the activation of any fire protection system and/or device; the spill or leakage of any flammable or combustible liquid or gas; or the spill or leakage of any hazardous material, to fail to report the incident to the FD and/or the LEA instantly.

Violations and penalties. Any person(s), responsible party, owner, firm, corporation, entity, or partnership who fails to report any incident described herein and as previously mentioned or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under § 26-39 of this code.

§ 26-49 Gas detection systems; inspection.

All gas detection system(s) installed shall be tested annually per the manufacturer's specifications, and written documentation shall be supplied to the Bureau Chief and/or their authorized representative(s) regarding the result of such tests.

§ 26-50 Fire service features.

Fire lanes:

(1)

The Bureau Chief and/or an authorized representative(s) is authorized to establish fire lanes on property devoted to public use. For purposes of this section, property devoted to public use shall include but is not limited to, parking lots, bowling alleys, theaters, cinemas, churches, swimming pools, offices, warehouses, factories, and other similar use involving the parking of a sufficient number of motor vehicles to warrant regulation for the protection of persons and property in the event of a fire and/or emergency and/or emergency incident that include:

(a)

Any driveway or other area, in the judgment of the Bureau Chief and/or authorized representative(s), shall be available for use by firefighting equipment and/or emergency vehicles or to reach the building(s) on the property in the event of an emergency incident and/or emergency.

(b)

Any area adjacent to a water standpipe or other water source used in a fire and/or any area over which firefighting equipment shall be required to reach the water supply.

(c)

Any adjacent area to an exist from a building on the premises or any area must remain vacant and unoccupied to permit free use of exits.

(d)

Any other area where vehicle parking or placement of any structure or other impediment to the free movement of persons and vehicles would interfere with extinguishing a fire on the premises or impede the movement of person(s) away from the premises in the event of a fire, emergency and/or emergency incident.

(2)

All fire lanes created by prior ordinances are hereby continued in effect. Where repairs or modifications shall be made to any preexisting fire lane, such fire lanes are not in conformity with this section that such fire lane shall be placed into conformity, the Bureau Chief and/or an authorized representative(s) shall require such modifications as deemed necessary. In no case shall modifications be permitted which create a lesser standard than the original approved fire lane.

(3)

(4)

Within 30 days of being given notice by the Bureau Chief, the responsible party upon which a fire lane(s) has been designated shall mark said as follows:

(a)

Signs. All signs shall adhere to the Manual on Uniform Traffic Control Devices and be posted at the LEA's discretion;

(b)

Fire lane. Spacing of signs shall be even with a minimum of one sign for each 100 feet of fire lane or part thereof, or as ordered by the Bureau Chief and/or an authorized representative(s). All signs and markings must be unobstructed and visible for a distance of at least 100 feet when viewed from a position of five feet above the ground while in the fire lane;

(c)

Fire lanes for vehicle access shall be a minimum of 18 feet in width or as approved by the Bureau Chief and/or an authorized representative(s). Fire lanes for egress of occupants shall be a minimum of at least the width of the exit way served.

(5)

Restricted areas. Gates, chains, or other methods utilized to prevent unauthorized access to fire lanes must be approved by the Bureau Chief and/or an authorized representative before installation, provided such restrictions shall not impede access by firefighting apparatus. The Bureau Chief and/or their authorized representative(s) shall determine whether any changes or deviations from the appropriate methods may be utilized.

(6)

It shall be unlawful to obstruct, damage, deface, or restrict the access of any fire lane in the municipality. Designated fire lanes shall be maintained free of obstructions, including but not limited to snow and vehicles, always and shall be subject to penalties:

(a)

No person(s) shall at any time, park, stop, stand or leave unattended a motor vehicle in any area designated as a fire lane, nor shall any person(s), firm, or corporation place or construct any structure in a designated fire lane nor place any obstruction thereon which will impair the free passage and access of firefighting vehicles or firefighters or impair the free use of any exit of any building.

(b)

Vehicles parked in an identified fire lane(s) and/or fire zone(s) shall be subject to a penalty in the amount of $50 issued by the Bureau Chief and/or an authorized representative(s) and/or the East Hanover Police Department (EHPD) who is authorized to the vehicle owner/driver or place the notice on the windshield of the vehicle if the owner/driver is not available.

(c)

In addition to any penalty to which a violator may be subject, the Bureau Chief and/or an authorized representative(s) or an EHPD officer has the authority to remove or have removed such obstructions as may violate this chapter at the expense of the owner of the vehicle or owner of the premises in the case of an obstruction.

Procedure for designation of fire lanes on new and existing private property.

(1)

To ensure that fire apparatus has adequate ingress and egress around existing structures that are not designated adequately for fire lanes and/or fire zones, the Bureau Chief may recommend the designation of fire lanes and/or fire zones to the Planning Board. All requests to the Planning Board shall be in writing. In addition, a marked-up copy of an existing site plan shall be provided to the Planning Board depicting the proposed fire lane and/or fire zone designations.

(2)

When a new site plan is submitted to the Planning Board for review and approval, it shall be the responsibility of the Planning Board to submit the site plan to the Fire Director and/or the Bureau Chief.

(3)

Following the designation of the approved fire lanes and/or fire zones as fully shown on the approved site plan, it shall be the responsibility of the property owner, at their expense, to install the necessary signage and pavement markings, all in conformance with the approved site plan. The property owner shall comply with the signage and pavement marking standards governing the designation of fire lanes and/or fire zones as set forth. Upon approval, the property owner shall forward a certified site plan to the Bureau of Fire Prevention showing the location of all signage and pavement markings.

(4)

Any proposal to designate areas of an existing property for new fire lanes and/or fire zones shall not reduce or limit the number of parking spaces or loading zones which would otherwise modify the site to the extent of imposing hardship on the property owner and/or operator of a business located on the parcel in question.

(5)

Violations and penalties. Failure to properly erect signage and/or install pavement markings or to complete the installation of signs and pavement markings shall constitute a violation and shall be penalized and/or punishable under § 26-39 of this code.

Identification and signage; where required.

(1)

Address identification. New and existing commercial premises shall be provided with approved address identification. The address and business identification shall be legible and placed in a position visible from the street or road fronting the property. Said premises with rear or side entry or egress doors shall be marked with a reflective sign indicating the address or suite or unit number and shall be placed above the door or next to the door so it shall be unobstructed.

(2)

Violations and penalties. Any person(s) and/or responsible party and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under section § 26-39 of this code.

Identifying emblems for structures with solar panels. The owner of any residential structure or nonresidential structure who installs or provides for the installation of a roof-mounted solar photovoltaic system on or after the effective date of this code, or has installed or provided for the installation of a roof-mounted solar photovoltaic system prior to the effective date of this code, shall provide a written notification to the LEA which shall include but need not be limited to:

(1)

The name of the property owner(s), as well as the address of the residential or nonresidential structure upon which the solar photovoltaic system has been installed, and the name of the owner(s) and the address of any other adjacent structure served by the solar photovoltaic system; and,

(2)

The year that the roof-mounted solar photovoltaic system was installed on the residential or nonresidential structure.

(a)

The written notification shall be submitted with any additional information that the Bureau Chief and/or an authorized representative deem necessary as prescribed by rule or regulation.

(3)

Solar photovoltaic systems identifying emblems shall be permanently affixed to the front of premises of commercial property or a designated location for residential property shall be at the on the electrical meter pan hosting or being powered by photovoltaic (PV) "solar" electrical power either on the roof or adjacent to the building per N.J.A.C. 5:70-2.21, adopted by the LEA within 30 calendar days of installation. The exact final placement shall be set forth and approved by the Bureau Chief.

(4)

Any person(s), firm, corporation, or partnership violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized per § 26-39 of this code.

Fire protection warning stickers. When a building is equipped with automatic protective equipment that automatically notifies a monitoring company, it shall be required to allow the LEA and/or the FD to install, attach, and post said sticker to the above-identified equipment. The LEA shall provide said stickers.

(1)

Key box.

(1)

Purpose. The governing body finds that it is better to protect the property and welfare of certain businesses, business patrons, LEA authorized representative(s); a uniform system for rapid entry into certain buildings in the event of a report of an emergency is required. Such rapid entry shall be made via said key boxes as set forth in this section.

(2)

In buildings equipped with or required to be equipped with fire detection or suppression systems or equipment, or have access to, or within the structure or an area on that property which is difficult to enter because of secured openings, and where access is necessary for life-saving or fire-fighting purposes, the Bureau Chief and/or authorized representative(s) shall require a key box to be purchased and installed at the expense of the owner or occupant of the structure, in an accessible location to be approved by the Bureau Chief and/or authorized representative(s).

(3)

The key box shall be of a type approved by the Bureau Chief and/or an authorized representative(s), and it shall be installed in a manner approved by the Bureau Chief and/or an authorized representative(s).

(4)

The key box shall contain the following items:

(a)

Updated keys necessary for access to all portions of the premises;

(b)

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

(c)

Electronic entry cards,

(d)

A building's elevator fire recall keys,

(e)

Floor plans and emergency information,

(f)

Hazardous material locations,

(g)

Any other pertinent information which may be needed in an emergency or as required by the Fire Chief; and

(h)

The responsible party of the premise shall maintain the key box.

(5)

Any responsible party who fails to install a key box, thereby violating this article, after receiving due notice by the Bureau Chief, is guilty of violating this section and subject to a penalty of $250.

(6)

All existing buildings shall comply with the requirements outlined in this section six months from its effective date.

(7)

All newly constructed buildings, not yet occupied, or buildings currently under construction, and all buildings or businesses applying for a certificate of occupancy shall comply immediately.

(8)

No applicability. This section shall not apply to the following premises:

(a)

Hotels.

(b)

Premises where the federal government has jurisdiction, including but not limited to the United States Post Office.

(c)

Any premises that are staffed on the premises 24 hours a day, 365 days a year.

(9)

Type, location, and contents of the key box.

(a)

Type. Each key box shall be purchased and installed by, and at the expense of, the owner or occupant of the building and shall be of a type approved by the Bureau Chief. Each key box shall be of sufficient size and configuration to allow the required contents, as outlined in Subsection F(2), to be conveniently stored therein.

(b)

Location. Each key box shall be mounted permanently into the structure at the Fire Department Connection (FDC) at said height; if no FDC exists, the key box shall be mounted into the structure at the front entrance (A side) or the Bureau Chief and/or authorized representative discretion and shall be accessible from outside the structure or building 60 inches above grade.

Fire Department connections (FDC) and fire hydrant.

(1)

Fire Department connections (FDC) illumination required.

(a)

The responsible party of a premises sprinkler and/or standpipe connection either attached to or within five feet of the said structure shall be required to install, maintain, and continuously illuminate or by photocell illumination a weatherproof light fixture containing a 100 watt light source, red in color, mounted on the structure in the immediate vicinity of the sprinkler or standpipe connection at the height of seven feet above the connection. The exact final placement and design of the light fixture shall be set forth on plans submitted and approved by the Bureau Chief and/or an authorized representative.

(b)

The responsible party for any premises in the municipality which fall within the requirements of this code shall cause the structure to be brought into compliance within 60 days from receipt of written notice from the Bureau Chief and/or an authorized representative.

(c)

In certain cases, the Bureau Chief shall have the right to grant a waiver of the requirements imposed by this section on an individual basis; however, another substitute identification shall be required.

(2)

FDC identification sign required.

(a)

The signs shall be installed at a minimum height of four feet and a maximum height of seven feet.

(b)

The signs shall read "FIRE DEPT CONNECTION" or "FDC" in red reflective letters on a white background.

(c)

The signs shall be 12 inches by 18 inches in size and shall be installed a minimum of 60 inches directly above the connection, or the exact final placement shall be set forth and approved by the Bureau Chief.

(3)

Unobstructed access to fire hydrants and/or FDC.

(a)

Unobstructed access to fire hydrants or FDC for the pressurization of fire suppression systems shall always be maintained. It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict the access to any fire hydrant or FDC for the pressurization of fire suppression systems, whether such hydrants or connections are located on public or private property that shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants by the FD which includes but is not limited to:

[1]

No person(s) shall park a motor vehicle or obstructions within a ten-foot perimeter of a fire hydrant or obstruct a fire drafting site or FDC/appliance. The representatives of the LEA are authorized to have motor vehicles towed and remove obstructions at their discretion.

[2]

No person(s) shall conceal, cover, paint, or disguise any fire hydrant. Commercial property owners shall always keep clear a ten-foot perimeter around fire hydrants and FDC for the pressurization of fire suppression systems and shall not allow snow, brush, bushes, grass, flowers, or trees to encroach upon or conceal or hamper the ability of the Fire Department to access a fire hydrant, FDC, or fire drafting site for the pressurization of fire suppression systems.

(4)

§ 26-51 Recommendations for hydrant location and replacement.

Installation, maintenance, water flow testing, and annual written reports of public fire hydrants are under the authority of the municipality's Department of Public Works (DPW), Water and Sewer Utility.

The Bureau Chief and/or Fire Chief shall recommend, during a site plan review, the location or relocation of new or existing fire hydrants and the replacement of inadequate water mains located upon nonpublic property within 100 feet of an FDC deemed necessary for adequate fire flow and distribution pattern.

The Bureau Chief and/or Fire Chief may recommend to the DPW the location or relocation of new and/or existing fire hydrants and the replacement of said hydrants located on public property.

A fire hydrant shall not be placed into or removed from service until coordinator with the Bureau Chief and/or Fire Chief.

The fire protection water supply systems, including hydrants shown on the approved site plan, shall be installed and in service before combustible materials are placed on the project site or utilized to construct buildings or structures. A coordinated phased installation of the said fire protection water system shall be permitted if phase construction is approved. The coordinated phase installation shall be coordinated with the Bureau Chief with the following subsections as minimum requirements:

(1)

Fire hydrant(s) shall be within 300 feet of combustible construction material and accessible by roadways as required by this subsection.

(2)

Industrial, commercial, and business development sites shall be provided with fire hydrants as required by the Bureau Chief and/or an authorized representative(s) on a case-by-case basis, taking into consideration the planned construction activities and site design, with the minimum requirement being the installation of any required public water main(s) and/or fire hydrant(s) before the introduction of combustible materials to the site.

§ 26-52 Installation of fire hydrant markers.

Hydrant marker poles shall be installed on all working fire hydrants within the municipality as follows:

(1)

Of a type, color, construction, and mounting arrangement approved by the Bureau Chief with the consent of the Fire Chief;

(2)

Of sufficient length to allow easy identification by firefighting personnel following snow events,

(3)

Of contrasting colors or equipped with retroreflective striping to provide visual conspicuity during all lighting conditions,

(4)

Of a flexible design to withstand flexing and movement while remaining substantially vertical,

(5)

Constructed of corrosion-resistant materials; and

(6)

Securely fastened to the hydrant(s) so as not to restrict or reduce the effective use of such hydrants.

The ordinance in Subsection A above shall contain provisions for the continued maintenance and/or replacement of hydrant marker poles required in this section. All new fire hydrants installed shall be equipped with typical hydrant markers.

§ 26-53 Removal of snow from fire hydrants.

This code requires clearing snow covering or obstructing fire hydrants, or both. Clearing of snow shall be in accordance with the N.J. Uniform Fire Code, which is as follows:

Hydrants shall be cleared at least 36 inches in all directions, including the access path necessary for connecting hose lines and operating the fire hydrant.

Fire hydrants shall be cleared of snow within 24 hours of coverage.

Suppose additional snow is deposited around a cleared hydrant after initial clearing by plowing or subsequent storm activity. In that case, an additional twenty-four-hour period may be granted to remove the additional accumulation.

Responsibility for clearing hydrants may be assigned to:

(1)

The owner of any real property abutting said hydrant(s),

(2)

A municipal department, municipal DPW, Water and Sewer Utility specified in the ordinance, or,

(3)

The owner of the water system/hydrant.

Failure to perform under Subsection D above shall result in the following:

(1)

If the responsible party fails to comply in the specified time, any department within the municipality thereof may perform the clearance and penalize the responsible party $75.

(2)

The ordinance may contain provisions to relieve these requirements for certain persons physically incapable of performing this task.

§ 26-54 Construction and demolition activities.

The term "construction activities," used in this section, shall refer to those activities which require a permit under the Uniform Construction Code (UCC) N.J.A.C. 5:23 and shall also comply with the Code regarding site fire safety.

During construction and demolition activities in occupied buildings, special fire safety precautions shall be taken as required by the Bureau Chief and/or an authorized representative(s) per the IFC, N.J. Edition.

Whenever fire protection systems, devices, or alarms are removed from service, the Bureau Chief and/or an authorized representative(s) shall be notified before the initiation of construction and demolition activities.

Temporary all-weather surface access roads, gravel, or equivalent material capable of supporting a thirty-ton emergency vehicle shall always be provided for fire department vehicular access to all structures under construction and all storage areas of combustible construction materials:

(1)

Access to said locations shall be within 100 unobstructed feet.

(2)

Every dead-end roadway more than 300 feet in length shall be provided at the closed end with a temporary turnaround approved by the Bureau Chief and/or an authorized representative(s).

All active construction sites and locations shall be provided with noncombustible refuse container(s) in such numbers as shall be necessary to contain all combustible refuse generated by the construction activities such as all combustible refuse, rubbish, and debris shall be cleaned up and deposited in the container(s) daily and refuse container(s) shall be a minimum of 20 feet away from any structure, lot line or combustible material storage location.

§ 26-55 Self-storage facility.

All self-storage facilities shall require their customers to notify the self-storage facility of flammable, explosive, and/or hazardous items stored in each rental unit, including the means of conveyance that contain fuel of any kind. Said facility shall ensure that if they are notified of any of the above items, they are stored per the N.J. Uniform Fire Code. The self-storage facility shall maintain a list of all such notifications, and the list shall include the following information:

(1)

A description of the nature of each item;

(2)

The approximate quantity of each item,

(3)

A specific reference to all the flammables, chemicals, toxic or anything hazardous materials; and

(4)

Safety data sheets (SDS) for anything specifically identified.

In the event of an emergency, the self-storage facility manager shall immediately provide the FD and/or an authorized representative(s) at a emergency scene with the list of items, as described herein, for any and all requested units on the premises. These lists shall be maintained on file at the said facility and available for inspection as required herein.

§ 26-56 Open burning and recreational fires; permitting.

All open burning within the municipality is prohibited unless specifically excepted herein and obtained a permit from the Bureau Chief and/or an authorized representative(s).

Exceptions.

(1)

Open burning in approved containers shall be allowed without a permit at single-family homes and duplexes, subject to the regulations contained herein. All other locations shall require a permit from the LEA.

(2)

Bonfires shall only be permitted with the approval of the Bureau Chief, who may impose conditions on a permit at the LEAs authorized representative(s) discretion, and shall be subject to the following additional regulations:

(a)

A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated before ignition.

(b)

A bonfire shall not be more than five feet by five feet by five feet in dimension and shall not burn longer than three hours. The maximum size and duration of a bonfire shall not be increased by the Fire Marshal unless it is determined that the fire safety requirements of the situation and the desirable duration of burn warrant the increase.

(c)

Fuel for a bonfire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper. The fire shall not be utilized for waste disposal purposes, and fuel shall be chosen to minimize the generation of air contaminants.

Compliance.

(1)

All open burning shall comply with the provisions provided in the N.J. Uniform Fire Code, Open Burning, and Recreational Fires.

Regulations.

(1)

All open burning is subject to the following requirements:

(a)

All fires shall be contained in outdoor structures and/or LEA-approved containment only.

(b)

No open fire or outdoor fire shall be conducted within 15 feet of a structure, on any porch, deck, balcony, or other portion of a building; within any room or space within a building; or under any building overhang; provided, however, that an open fire or outdoor fire may be conducted on a concrete or stone patio if all other provisions and proximity restrictions of this article are met.

(c)

Fires shall be limited to a maximum of three feet in diameter and two feet in height and shall be contained in a noncombustible chimenea, outdoor fireplace, fire pit, or other method approved by the Bureau Chief and/or an authorized representative(s).

(d)

All openings in the container or fire pit shall be covered with wire mesh or other screening materials to prevent sparks and embers' passage.

(e)

Fires must be kept at least 15 feet from any structure or other combustibles that may ignite and permit the spread of fire (examples: shrubs, trees, fences) and in an approved container.

(f)

Fires must be constantly attended to until entirely extinguished.

(g)

The burning of rubbish, yard waste, leaves, garbage, paper products, or anything other than firewood as set forth herein is prohibited. The use of flammable liquids is strictly prohibited.

(h)

In addition to the provisions of this article, portable outdoor fireplaces shall be used following the manufacturer's instructions.

(i)

Outdoor burning is prohibited when wind speeds exceed 10 miles per hour.

(j)

While outdoor burning is being conducted, it shall always be attended by a person at least 18 years of age.

(k)

Adequate fire-suppression equipment such as shovels, fire extinguishers rated at 4A or larger, water hoses, or similar equipment sufficient to extinguish the fire shall always be present on the property where outdoor burning is conducted.

(l)

Only fireplace matches or propane lighters may be used to start an open burn fire, and the recommendation is that a fire lasts no longer than three hours.

(m)

When finished, all noncoal shall be extinguished with a water hose or bucket of water and be left alone for at least 24 hours.

(n)

Hot coals and ash shall not be bagged or disposed of in a garbage container until thoroughly extinguished.

(o)

No person(s) shall cause an open fire and/or outdoor fire to be used or maintained in such a manner as to create a hazard and/or cause a nuisance.

(p)

The Bureau Chief and/or an authorized representative(s) and/or any FD officer and/or an EHPD officer may order an outdoor burning activity to cease if conditions are such or the activity is so situated to endanger the health or safety of persons or property located in the general area of the activity or is offensive or objectionable such as but not limited to smoke entering a neighboring residence.

(q)

If the party responsible for outdoor burning activity does not immediately comply with an order to cease given pursuant to this subsection, the Bureau Chief and/or an authorized representative(s) and/or the FD may extinguish the fire, and the party responsible shall be subject to the penalties set forth below.

(r)

Any open fire and/or use of a chimenea, outdoor fireplace, or fire pit which creates a nuisance and/or is deemed a hazard by an FD Officer or Bureau Chief and/or an authorized representative(s) and/or EHPD Officer shall be extinguished.

Violations and penalties.

(1)

Any person(s) and/or responsible party and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under § 26-39 of this code.

(2)

Whenever the FD and/or an LEA-authorized representative(s) and/or EHPD Officer orders the extinguishment of any open burning, there is no appeal process, and failure to extinguish the fire as ordered shall be unlawful.

(3)

When the said person(s) and/or responsible party has been given notice of the existence of a violation of this code and has not abated the violation, they shall be liable to a penalty in the amount of the actual cost to the FD of suppressing any fire and/or operating at an emergency incident that was directly and/or indirectly resulting from the said violation(s). All money collected pursuant to this subsection shall be paid to the municipality and appropriated to the FD to defray the certified costs.

§ 26-57 Barbecue grills; where prohibited.

The following shall apply to all buildings of Use Groups R-1 and R-2 as defined in the Uniform Fire Code and to multiple dwellings in Use Group R-3 as defined in the UCC. Barbecue grill(s), as defined in § 26-22, shall not be located, stored, or operated within or upon any building/structure or within five feet, vertically or laterally of any building(s), structure(s), overhang(s), combustible balconies, deck(s), or any porch(s), balcony, or within five feet, vertically or horizontally of an opening in any wall.

(1)

Exceptions:

(a)

Where buildings, balconies, and decks are protected by an automatic sprinkler system.

Violations and penalties.

(1)

Any person(s), responsible party, and/or owner(s) violating or neglecting to comply with any of the provisions of this article or any rule, regulation, or directive promulgated pursuant thereto shall be penalized and/or punishable under § 26-39 of this code.

(2)

Each day a violation of this article exists shall be considered a separate and distinct violation and shall be subject to the imposition of a separate penalty for each day of the violation as the municipal court judge may determine.

(3)

When an owner(s) and/or responsible party has been given notice of the existence of a violation of this code and has not abated the violation, they shall be liable to a penalty in the amount of the actual cost to the FD of suppressing any fire and/or operating at an emergency incident that was directly and/or indirectly resulting from the said violation(s). All money collected pursuant to this subsection shall be paid to the Municipality and appropriated to the FD to defray the certified costs.

§ 26-58 Combustion engine storage; where prohibited.

No person(s) shall store or park, or cause to be stored or parked, any internal combustion vehicle, including, but not limited to, those commonly known as "motorcycle," "moped," "go-cart," "dirt bike," "lawn mower," "snow blower," etc., in or on any apartment unit porch, balcony, covered patio area, entrance, exit, or any other private area of an apartment and/or multidwelling unit(s).

Violations and penalties.

(1)

(2)

(3)

§ 26-59 Battery-powered "e-bikes" and "e-scooters"; storage and charging.

This provision intends to prevent lithium-ion battery fires effectively; therefore, the use and/or storage and/or charging of electric-powered micromobility devices such as but not limited to "e-bikes" (electric bikes), "e-scooters" (scooters), and hoverboards in or on any porch, balcony, covered patio area, entrance, exit, common area or any other private area of an apartment or multidwelling unit(s) except for devices used by disabled people are prohibited.

Violations and penalties.

(1)

(2)

Each day on which a violation of this article exists shall be considered a separate and distinct violation and shall be subject to the imposition of a separate penalty for each day of the violation as the municipal court judge may determine.

(3)

§ 26-60 Food truck; trailer; and/or cart; fire safety.

Inspection required.

(1)

No food truck(s), food cart(s), or food trailer(s) using propane and/or not using propane shall operate within the municipality without first being inspected and approved by the LEA.

Annual inspection; certificate of approval.

(1)

Food vehicles shall be inspected annually. Compliant food vehicles shall receive a certificate of approval valid until December 31 of the year the certificate is received. Certificates of approval shall be displayed prominently in or on the food vehicle as directed by printed instructions on the certificate.

(2)

Vendors shall apply for inspections and certificates of approval at the LEA. The inspection fee shall be $54 and shall be paid at the time of application. A yearly permit from January through December is required for continuous operation within the municipality. For renewal, the vendor must apply and pay the required fee before each new year, and an appointment for inspection shall be scheduled no later than March 1.

(3)

The Bureau Chief shall prepare a checklist for the inspection, specifically detailing the requirements needed and standards that shall be complied with for approval. The checklist shall be publicly available. Nothing in this subsection shall be construed as limiting the LEA authority to supplement the checklist's requirements in a particular case in the interest of public safety.

(4)

Vendors failing the inspection shall be reinspected at any time. No additional fee shall be charged for the first reinspection if it is within 30 calendar days of the first inspection. The full inspection fee shall be required for reinspections and any additional reinspections after the initial inspection.

Special events.

(1)

A vendor operating at a special event, movie production, party, festival, or fair where there shall be a food vehicle is required to comply with this article. The application shall be filed no later than two weeks before the event.

(2)

Applications made less than two weeks before the event may be accepted up to the day of the event at the discretion of the Bureau Chief and/or their authorized representative(s). A late service fee may be charged not to exceed double the standard fee. A food vehicle shall not operate without approval by the Bureau Chief and/or an authorized representative(s).

Violations and penalties.

(1)

§ 26-61 On-demand mobile fueling operations.

On-demand mobile fueling operations that dispense Class I, II, and III liquids into the fuel tanks of motor vehicles or other fueled-powered equipment shall not be conducted before obtaining a permit from the LEA and shall occur only at approved locations that receive approval from the Bureau Chief. The LEA-authorized representative(s) shall inspect each mobile fueling vehicle and its equipment to ensure that the equipment is in good working order, maintained in good repair, and within compliance with the provisions of this section before issuing a permit to operate. A mobile fueling vehicle with a mounted tank in excess of 110 gallons (415 L) shall comply with the requirements of NFPA 385, with all local, state, and federal requirements. A mobile fueling permit shall be issued for each fuel dispensing vehicle that dispenses Class I, II, or III liquids, and the permit fee is $100 and shall be paid annually.

Exception.

(1)

Fueling from an approved portable container in emergency cases or for personal use.

Plan review.

(1)

Two copies of legible, fully dimensioned site plans drawn to a standard scale shall be submitted to the Bureau Chief before mobile fueling operations.

Mobile fueling areas.

(1)

The Bureau Chief is allowed to impose limits on the day(s) and time(s) during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted.

(2)

Mobile fueling shall not occur on public streets, public ways, or inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.

(3)

Mobile fueling sites shall be restricted to commercial, industrial, governmental, or manufacturing where the parking area having such operations is primarily intended for employee vehicles. Mobile fueling shall be conducted for fleet fueling or employee vehicles only, not the public. Commercial sites shall be restricted to office-type or similar occupancies not primarily intended for public use.

Spill reporting.

(1)

Any spill in excess of five gallons (19 L) shall be immediately reported to the LEA.

Violations and penalties.

(1)

(2)

When any person(s) and/or owner(s) and/or responsible party has been given notice of the existence of a violation of this code and has not abated the violation, they shall be liable to a penalty in the amount of the actual cost to the FD of suppressing any fire and/or operating at an emergency incident that was directly and/or indirectly resulting from the said violation(s). All money collected pursuant to this subsection shall be paid to the Municipality and appropriated to the FD to defray the certified costs.

§ 26-62 NFPA 13 and NFPA 13R sprinkler system; requirements.

The sprinkler system shall be monitored by a UL-listed central monitoring station/alarm monitoring company when capable of receiving and identifying alarm and/or trouble signals from the exact zone of origin. The approved company shall then be able to relay that same information, in plain language, to the LEA and the EHPD. Ample horn/strobe devices connected to the water flow devices shall be installed to alert all occupants of water flows. All horn/strobe devices shall also be installed in all breezeways on the exterior of the building and all common areas. An exterior horn/strobe shall be located on the front of the building. The location of devices may change after reviewing the alarm drawings. During the monitoring equipment plan review, the Bureau Chief shall have final discretion.

Retrofit. All existing buildings shall comply with the requirements outlined in this section within 90 days from its effective date.

§ 26-63 Hazardous substances.

Any owner(s) and/or lessee(s) and/or responsible party who manufactures, processes, handles, uses, or stores any hazardous substances on any property shall obtain a hazardous substances permit from the Fire Official and/or an authorized representative in accordance with the municipal ordinance "Hazardous Substance"

Chapter 91 in addition to those now enumerated in the Uniform Fire Code.

§ 26-64 Severability.

Suppose any chapter, section, subsection, or paragraph of this Fire Prevention Code shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a court of competent jurisdiction. In that case, such chapter, section, subsection, or paragraph shall, to the extent that it is not unconstitutional, invalid, or inoperative, remain in full force and effect. No such determination shall be deemed to invalidate the remaining chapters, sections, subsections, or paragraphs of the Fire Prevention Code. All ordinances or parts of ordinances inconsistent herewith are hereby repealed, and this section shall take effect immediately upon final passage and publication by the law.