Borough of Rockaway, NJ Article II Fire Prevention

§ 139-2 Standards adopted.

A. There is hereby adopted by the Borough for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code," abbreviated edition, recommended by the American Insurance Association, being particularly the 1970 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not fewer than three copies have been and now are filed in the office of the Clerk of the Borough, and the code is hereby adopted and incorporated as fully as if set out at length herein.[1]

[1] Editor’s Note: Former Subsection B, pertaining to other fire codes and added 12-29-1981 by Ord. No. 29-81, which immediately followed this subsection, was repealed 5-12-2005 by Ord. No. 03-05.

§ 139-3 Definitions.

[Amended 9-14-1972 by Ord. No. 8-72]

As used in the Fire Prevention Code, the following terms shall have the meanings indicated:

FIRE MARSHAL

The individual appointed by the Council to enforce all provisions of this chapter.

[Amended 5-12-2005 by Ord. No. 03-05]

MUNICIPALITY

The Borough of Rockaway, New Jersey.

§ 139-4 Enforcement.

[Amended 9-14-1972 by Ord. No. 8-72; 5-12-2005 by Ord. No. 03-05]

The Fire Prevention Code adopted in this article shall be enforced by the Fire Marshal.

§ 139-5 Amendments.

[Amended 5-12-2005 by Ord. No. 03-05]

The Fire Marshal shall have the power to modify any of the provisions of the Fire Prevention Code adopted in this article upon application, in writing, by the owner or lessee when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Fire Marshal thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.

§ 139-6 (Reserved) [1]

[1] Editor’s Note: Former § 139-6, Appeals, was repealed 5-12-2005 by Ord. No. 03-05.

§ 139-7 Violations and penalties.

A. Any person who shall violate any of the provisions of the Fire Prevention Code adopted in this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed herein shall severally, for each and every such violation and noncompliance, respectively, be punishable by a fine of not less than $100 nor more than $2,000 and/or imprisonment for not more than 90 days and/or 90 days' community service, all in the discretion of the Court. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

[Amended 11-14-1991 by Ord. No. 22-91; 5-12-2005 by Ord. No. 03-05; 8-24-2006 by Ord. No. 15-06]

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

§ 139-8 Storage limits established.

The limits referred to in Section 74a of the code adopted by this article, in which storage of flammable liquids in outside aboveground tanks is prohibited, and the limits referred to in Section 114 of the code hereby adopted, in which bulk storage of liquefied petroleum gas is restricted, and the limits referred to in Section 53b of the code to be adopted are hereby established as follows: the H-C Highway Commercial District as shown on the Zoning Map of the Borough.

§ 139-9 Fire watch. [1]

[Added 3-28-2013 by Ord. No. 04-13]

A. The purpose of the fire watch assignment is to provide for an acceptable and adequate level of firesafety during periods of time that a building's fire sprinkler system or fire suppression system is not operational for more than four hours within a twenty-four-hour period, other than routine maintenance and repair, or for any other reason as determined by the Fire Marshal.

B. Fire watch team members shall be properly trained in evacuation procedures and crowd control under the supervision of the Fire Marshal.

C. Prequalified fire watch team members shall include unit members assigned to the Bureau of Fire Prevention or members of the Rockaway Borough Fire Department if a member of the Bureau of Fire Prevention is not available. In the event that none of the above is available, other qualified individuals may be utilized at the discretion of the Fire Marshal or his assigned designee.

D. Individuals who are selected for fire watch details shall be briefed so as to have a thorough understanding of the purpose and responsibilities of their assignment.

E. The fee to be paid by the property owner for the fire watch shall be as provided in Chapter A263, Fees.

[1] Editor’s Note: Former § 139-9, Modification of standards, was repealed 5-12-2005 by Ord. No. 03-05.

§ 139-10 Smoke detectors, carbon monoxide detectors, and portable fire extinguishers.

[Added 3-25-1982 by Ord. No. 6-82; amended 9-30-1991 by Ord. No. 20-91; 11-14-1991 by Ord. No. 22-91; 5-12-2005 by Ord. No. 03-05; 8-24-2006 by Ord. No. 15-06; 4-25-2019 by Ord. No. 03-19]

A. Local enforcement. Pursuant to Section 11 of the Uniform Fire Safety Act (P.L. 1983, c. 383),[1] and the New Jersey Uniform Fire Code shall be locally enforced in the Borough of Rockaway.

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

B. Agency designation. The local enforcing agency shall be the Bureau of Fire Prevention of the Borough of Rockaway ("local enforcement agency").

C. Compliance monitored by Bureau of Fire Prevention. It shall be the local enforcement agency's duty to make sure that the Borough's fire code complies with all pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code, including those requirements governing the installation and use of fire detectors and carbon monoxide detectors.

D. Enforcement. The local enforcement agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises located within the established boundaries of the Borough of Rockaway, except for owner-occupied one- and two-family dwellings and individual dwelling units in multiple-family units, which shall faithfully comply with the Uniform Fire Act, the Uniform Fire Code and the regulations prescribed by this chapter.

E. Definitions. As used in this section, the following terms shall have the meanings indicated:

APPROVED RATING ORGANIZATION

Any of the following: Underwriter's Testing Laboratories, Factory Mutual Research Corporation, or National Bureau of Standards, NFPA Standard No. 74, 1975, or any amendments or supplements thereto.

CARBON MONOXIDE DETECTOR

A detector listed and labeled in accordance with UL 2034 (Single and Multiple Station Carbon Monoxide Alarms) and shall be installed and maintained in accordance with the requirements specified in Chapter 70 of the Uniform Fire Safety Code. Carbon monoxide sensors may be battery operated, hard wired or of the plug-in type. Expired alarms shall be immediately replaced.

DWELLING UNIT

A building or portion of a building arranged for the use of one or more individuals living alone or together as a single housekeeping unit with living, sanitary and sleeping facilities, but not including trailers, tents or house trailers.

PORTABLE FIRE EXTINGUISHER

An operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is rated for residential use consisting of an ABC type; no larger than a ten-pound rated extinguisher; and mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency pursuant to Section 1 of P.L.1991, c. 92 (N.J.S.A. 52:27D-198.1 through 198.3), as amended.

SMOKE DETECTOR

A smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment required in all dwellings used or intended for use for residential purposes by not more than two households. The installation of battery-operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety. Smoke detector sensors may be battery operated, hard wired or of the plug-in type. Expired alarms shall be immediately replaced.

F. Certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher; timing and terms of compliance.

(1) No person, regardless of whether such person is a new tenant or a new owner, shall occupy a one- or two-family dwelling unit, whether a house, condominium, apartment or any part thereof, after change of tenancy or ownership, regardless of the length of the rental tenancy or ownership, unless all such units and apartments thereof are equipped with smoke detectors, carbon monoxide detectors and portable fire extinguishers in accordance with N.J.A.C. 5:70-2.3, N.J.A.C. 5:70-4.19, and the New Jersey Uniform Fire Code, and issued with respect to such one- or two-family dwelling unit(s), a certificate issued by the Fire Marshal attesting that such is in compliance with N.J.A.C. 5:70-4.19 and the New Jersey Uniform Fire Code.

(2) Whenever there shall be a change in tenancy or ownership, regardless of the length of said tenancy or ownership, prior to the effectiveness of such new tenancy or ownership, the municipality, through its Fire Marshal, or in his absence, the Fire Inspector, shall perform a physical inspection of the premises to determine that there is compliance with N.J.A.C. 5:70-2.3, N.J.A.C. 5:70-4.19, and the New Jersey Uniform Fire Code.

(3) Any certificates for smoke detector, carbon monoxide alarm and portable fire extinguishers compliance inspections are not transferable. If a change in occupancy specified in an application for a certificate of compliance does not occur within six months, a new application will be required.

(4) Owners of dwelling units shall cause any and all dwelling(s) to be brought into compliance with the terms and provisions of § 139-10 within one year of its effective date. No structural change or repair of a value in excess of $500 shall be made to a dwelling unit unless and until the dwelling unit is brought into compliance with the terms and provisions of this section. No dwelling unit shall be sold or the occupancy changed unless and until the dwelling unit has been brought into compliance with the terms and provisions of this section.

(5) No certificate of occupancy shall be issued by the Construction Code Official for a dwelling unit unless and until the applicant shall have first complied with all terms and conditions of this section.

(6) Fines. Any owner and/or selling agent who does not comply with any provision of this § 139-10 shall be subject to fines in § 139-7.

G. Number of devices and placement of smoke detector(s), carbon monoxide detector(s) and portable fire extinguisher(s). Placement of required smoke alarm(s), carbon monoxide detector(s) and portable fire extinguisher(s) shall be in accordance with Section 1 of P.L.1991, c. 92 (N.J.S.A. 52:27D-198.1), as amended.

H. Certificate of compliance: hotels, multifamily dwelling or dwellings. Smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance inspections shall be required prior to the sale or rental, regardless of the length of the rental, of any multifamily dwelling or dwellings. All inspection requirements pertinent to multifamily dwellings pursuant to any applicable Uniform Fire Safety Act and Uniform Fire Safety Code shall be strictly adhered to. Any certificates for smoke detector, carbon monoxide alarm and portable fire extinguishers compliance inspections are not transferable. All hotels shall follow strictly the requirements of the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) and the Regulations for the Maintenance of Hotels and Multiple Dwellings (N.J.A.C. 5:1-28.1), including the requirement of installation of carbon monoxide (CO) alarms.

I. Timing for compliance; fine for noncompliance. Any owner and/or selling agent 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 (N.J.S.A. 52:27D-198.1 et. seq.), where said premises does not comply with the provisions of Section 1 of P.L. 1991, c. 92 (N.J.S.A. 52:27D-198.1 et seq.), shall be subject to a fine of not more than $1,000 in the case of a violation for an alarm device, or a fine of not more than $1,000 in the case of a violation for a portable fire extinguisher, which may be collected and enforced by the local enforcement agency.