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which immediately followed this subsection, was repealed 5-12-2005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.
[Amended 9-14-1972 by Ord. No. 8-72]
As used in the Fire Prevention Code, the following
terms shall have the meanings indicated:
The individual appointed by the Council to enforce all provisions
of this chapter.
[Amended 5-12-2005 by Ord. No. 03-05]
The Borough of Rockaway, New Jersey.
[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.
[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.
[1]
Editor’s Note: Former § 139-6,
Appeals, was repealed 5-12-2005 by Ord. No. 03-05.
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.
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.
[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.
[1]
Editor’s Note: Former § 139-9,
Modification of standards, was repealed 5-12-2005 by Ord. No. 03-05.
[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]
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.
APPROVED RATING ORGANIZATION
CARBON MONOXIDE DETECTOR
DWELLING UNIT
PORTABLE FIRE EXTINGUISHER
SMOKE DETECTOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
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.