Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents

§ 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 No. 29-81, which immediately followed this subsection, was repealed 5-12-2005 by Ord.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Editor’s Note: Former § 139-6, Appeals, was repealed 5-12-2005 by Ord.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.

[Added 3-25-1982 by Ord. No. 6-82]
A. 
An automatic smoke detector meeting the standards and conditions herein shall be installed and thereafter maintained in full operating condition on each level in any multiple dwelling in which two or more units of dwelling space are occupied or are intended to be occupied by two or more persons who live independently of one another; on each level of any hotel, motel or boardinghouse; and on each level of any one-family attached or detached dwelling which is not owner occupied.
[Amended 9-30-1991 by Ord. No. 20-91]
B. 
There is hereby adopted by the Borough for the purpose of prescribing the standards governing all required smoke detectors the amendments to the Regulations for the Maintenance of Hotel and Multiple Dwellings Concerning Smoke Detectors, adopted November 12, 1980, pursuant to P.L. 1979, c. 419, effective January 11, 1981, by the State of New Jersey, Department of Community Affairs, Division of Housing, Bureau of Housing Inspection, and located at N.J.A.C. 5:10-19.11(c). These regulations shall govern the standards and conditions of smoke detectors for every dwelling unit subject to this section. Not fewer than three copies of said regulations shall be filed in the office of the Clerk of the Borough, and said regulations are hereby adopted and incorporated as fully as if set out at length herein. Any amendments, alterations or supplements to the regulations adopted herein shall be automatically effective in the Borough and shall be incorporated in this section as if set out at length herein.
C. 
Any owner of property on which there is a dwelling unit subject to this section shall file, between January 1 and January 31 of each year beginning the year 1983, with the Bureau of Fire Prevention a signed certified statement on forms to be supplied by the Bureau containing the following information:
(1) 
The name, address and telephone number of the owner of record of the premises.
(2) 
The number and identification marking of each dwelling unit and/or the street address of each rental premises.
(3) 
A certification as to whether or not each such dwelling unit is serviced by fully operational smoke detectors as required by this section.
D. 
It shall be unlawful for any property owner who fails to comply with the provisions of this section to convey such property. All tax searches conducted in the Borough of Rockaway shall indicate whether the property owner has filed a certification of compliance as required in order to notify any potential purchaser of such property of the requirements of this section.
E. 
The Fire Marshal shall be empowered to cause any property owner to comply with the provisions of this section. A failure to comply with said provisions shall subject the property owner to 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. A separate offense shall be deemed committed on each day during or on which a violation of this section occurs or continues.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
F. 
Whenever a change of occupancy occurs in a one- or two-family dwelling within the Borough of Rockaway, the Fire Marshal or, in his or her absence, the Construction Official is hereby authorized to verify that at least one smoke detector is present and in working order on each level of said dwelling and to issue a certification of such fact upon proper application having been made and the requested fee paid. Such official shall provide the applicant, upon request and payment of the required fee, with a certification that smoke detectors are present as required and are in working order. Compliance with this section may also be accomplished by providing the Fire Marshal with a certification from a licensed real estate agent, attorney, engineer, fire protection subcode inspector, employee of a licensed title company or certified fire official/fire inspector that such smoke detectors are present and in working order on each level of the subject dwelling.
[Added 9-30-1991 by Ord. No. 20-91; amended 5-12-2005 by Ord. No. 03-05]