Borough of Closter, NJ
Bergen County
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Table of Contents
Table of Contents
[Adopted by the Mayor and Council of the Borough of Closter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 21.
Alarm systems — See Ch. 65.
Uniform construction codes — See Ch. 89.
Fire lanes and fire zones — See Ch. 183, Part 5.
Fees and deposits — See Ch. A301.
[Adopted 2-13-1991 as Ord. No. 1991:603 (Art. III of Ch. 39A of the 1967 Code)]
As used in this Article, the following terms shall have the meanings indicated:
BUILDING/STRUCTURE
Used or intended for supporting or sheltering any use or occupancy, including but not limited to commercial, residential, educational, governmental or any other place of public assembly.
FIRE OFFICIAL
The Borough of Closter Fire Official or his or her designated representative as defined by N.J.A.C. 5:18-1.5 (Uniform Fire Code).
OWNER/OCCUPANT
Any natural person or individual or any firm, partnership, association, limited partnership, sole proprietorship, corporation, other business entity or any government agency on its own.
TRUSS-TYPE CONSTRUCTION
A single-plane framework of individual structural members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own.
A. 
Upon inspection and identification of a building of such truss construction, the owner/occupant shall be notified by the Fire Official or his designee of the requirements of this Article in accordance with the Uniform Fire Code of the State of New Jersey. Any question concerning whether a truss-type structure, as defined by this Article, must meet the provisions of this section shall be decided by the Fire Official.
B. 
Upon notification, the owner/occupant will be required to permanently affix a Closter Bureau of Fire Prevention approved emblem. The emblem shall be placed to the left side of the main entrance, approximately six feet zero inches to eight feet zero inches above ground level, or at other approved location(s) as designated by the Fire Official.
C. 
The emblem shall be an isosceles triangle 18 inches across the base with a height of nine inches. The triangle shall be constructed of a permanent material and be colored fluorescent orange or white, whichever contrasts with the building color. Along the base of the triangle there shall be three-fourths-inch-high black lettering containing the words "FIRE DEPT." Above that in the center of the triangle there shall be a minimum one-and-three-eighths-inch-high black letter(s) corresponding to the truss-type construction as designated by the Fire Official (R = Roof; F = Floor; R/F = Roof and Floor) and the letter "S" to designate if the building is protected by a sprinkler system.
D. 
The owner/occupant shall be required to install and maintain said emblem. The emblem shall be installed within 30 days of receipt of written notice from the Fire Prevention Bureau. Missing or damaged emblems shall be replaced within 10 days of written notice from the Fire Prevention Bureau.
[Amended 1-3-1994 by Ord. No. 1993:663]
The owner or occupant of any building who fails to comply with the provisions of this Article shall, upon conviction thereof, be punished as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties, of this Code.
The form of identification is attached hereto marked as Exhibit A;[1] said exhibit is also on file in the Fire Prevention Bureau. The form of identification emblem can be changed by the Borough of Closter at any time upon reasonable notice to the property owner/occupant. Any cost associated relating to the change of the emblem shall be borne by the owner/occupant.
[1]
Editor's Note: Consult municipal records for said Exhibit A.
All residential structures are hereby exempted from the provisions of this section.
[Adopted 12-9-1992 by Ord. No. 1992:637]
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Mayor and Council hereby adopts by reference, as if set forth herein at length, the New Jersey Uniform Fire Code ("Uniform Fire Code"), N.J.A.C. 5:18-1.1 et seq., which Code is promulgated by the Commissioner of the Department of Community Affairs pursuant to the authority of the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq.
Pursuant to N.J.S.A. 52:27D-202, the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., and the Uniform Fire Code, N.J.A.C. 5:18-1.1. et seq., and all of the provisions of this Article shall be locally enforced in the Borough of Closter.
The Closter Fire Prevention Bureau is hereby created and designated to enforce the Uniform Fire Safety Act and the Uniform Fire Code and all of the provisions of this chapter in all buildings, structures and premises within the Borough of Closter and shall comply with the requirements of the Uniform Fire Safety Act and Uniform Fire Code.
The Closter Fire Prevention Bureau established by § 106-8 hereof shall be under the direct supervision and control of the Fire Official. The Fire Prevention Bureau shall consist of the Fire Official and other employees (inspectors, secretaries, etc.), the Fire Chief and all other line officers of the Closter Fire Department.
A. 
Appointment of Fire Official. The Fire Official shall be appointed by the Mayor and Council of the Borough of Closter upon the recommendation of the Fire Chief and the Fire Prevention Bureau. The candidate shall be certified by the New Jersey Bureau of Fire Safety as qualified to perform the duties of Fire Official. Preference shall be given to members of the Closter Fire Department and New Jersey State Exempt Fire Fighters who meet the qualifications of this section.
B. 
Term of office for the Fire Official. The Fire Official shall serve for a term of two (2) years. Any vacancy shall be filled for the unexpired term.
C. 
Appointment of inspectors and other employees. Such inspectors and employees as may be necessary for the Fire Prevention Bureau to carry out its responsibilities shall be appointed by the Mayor and Council, upon the recommendation of the Fire Official and the Fire Chief. Before appointment, any candidate for the position of Fire Inspector must be certified by the New Jersey Bureau of Fire Safety as qualified to perform the duties of Fire Inspector.
D. 
Term of office for Fire Inspectors and other employees. Fire Inspectors shall be appointed annually, with the term of office expiring at the first regular meeting of the Mayor and Council of the Borough of Closter each year. All other employees shall be employed as necessary by the Mayor and Council, upon the recommendation of the Fire Official and Fire Chief.
E. 
Removal from office. The Fire Official, inspectors and any other employees of the Bureau shall be subject to removal by the Mayor and Council for inefficiency, misconduct or other good cause consistent with applicable law. The Fire Official, inspector or employee subject to such removal shall be afforded an opportunity to be heard by the Mayor and Council or a hearing officer designated by the Mayor and Council.
[Amended 10-8-2003 by Ord. No. 2003:905]
Pursuant to N.J.S.A. 52:27D-206 and N.J.S.A. 52:27D-127, any person aggrieved by any order of the Borough of Closter Fire Prevention Bureau shall have the right to appeal to the Bergen County Construction Board of Appeals.
A. 
In addition to the registration of life-hazard uses required by the Uniform Fire Code, the following non-life-hazard uses shall annually register with the Closter Fire Prevention Bureau and pay a fee as set forth in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
(1) 
Mercantile Use Group. This group shall include all uses categorized in Use Group M, as defined in N.J.A.C. 5:18-1.5(14).
(2) 
Business Use Group. This group shall include all uses categorized in Use Group B, as defined in N.J.A.C. 5:181.5(7).
(3) 
Storage Use Group. This group shall include all storage uses categorized in Use Groups S-1 and S-2, as defined in N.J.A.C. 5:18-1.5(18) and (19).
(4) 
Factory Use Group. This group shall include all factory uses categorized in Use Group F, as defined in N.J.A.C. 5:18-1.5(9).
(5) 
Residential Use Group. This group shall include all uses categorized in Use Group R-2 and R-3 (except owner-occupied one- and two-family dwellings), as defined in N.J.A.C. 5: 18-1.5(16) and (17).
B. 
R1 Class shall be inspected only upon sale or a change of occupancy. The registration fee shall be additional to the certificate of smoke detector compliance fee.
C. 
Uses not classified above will be classified as a business use.
D. 
Uses required to register with the Bureau of Fire Safety as a life-hazard use shall not be required to register under this section.
E. 
Mixed use occupancies will be charged the registration fee of the largest use and 1/2 the fee of any additional uses, except that no additional fee shall be charged for an incidental use, as that term is defined in N.J.A.C. 5:18-1.5.
F. 
Vacant buildings which are completely devoid of all chattels or personal property shall not be required to annually register and pay a fee. However, vacant buildings which contain chattels or personal property shall register and be charged according to the building's last use.
A. 
In addition to the permits required under N.J.A.C. 5:18-2.7, permits shall also be required to engage in any of the businesses or activities set forth with the fees therefor in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
B. 
This section shall apply to all uses, including life-hazard uses required to be registered pursuant to N.J.A.C. 5:18-2.4.
The annual fee for registration of life-hazard uses, as required by N.J.A.C. 5:18-2.4, shall be as set forth in N.J.A.C. 5:18-2.8(a) and (b). The fees for permits required pursuant to N.J.A.C. 5:18-2.7 shall be as set forth in N.J.A.C. 5:18-2.8(c).
[Amended 1-3-1994 by Ord. No. 1993:663]
The application fee for a certificate of smoke detector compliance as required by N.J.A.C. 5:18-2.20, shall be as set forth in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
In accordance with N.J.A.C. 5:18-2.18, any owner or bona fide purchaser of a building or structure may request a certificate of fire code status from the Closter Fire Prevention Bureau. The fee for such certificate shall be as set forth in Chapter A301, Fees and Deposits.
The provisions of § 106-18 shall supplement the Uniform Fire Code herein adopted and to be enforced in the Borough of Closter.
A. 
In addition to the requirements set forth at N.J.A.C. 5:18-3.3(f), all buildings or parts thereof used for the storage and handling of hazardous materials shall have placards affixed to the exterior of such buildings in accordance with the specifications of NFPA Standard 704. Said placards shall indicate the most hazardous material on the premises and the quantity thereof. The Fire Official shall direct the placement of such placards.
B. 
In addition to the general precautions set forth in N.J.A.C. 5:18-3.3(a) through (v), the following precautions shall also be taken:
(1) 
A high-security key vault shall be installed, as follows, to permit the Fire Department to gain access without force during a fire:
(a) 
In buildings containing fire alarm systems and/or fire suppression systems, excluding owner-occupied one- and two-family dwellings.
(b) 
In buildings where visual inspection for fire is obstructed, excluding owner-occupied one- and two-family dwellings.
(c) 
In life-hazard use buildings.
(2) 
The limits in which storage of flammable liquids in outside aboveground tanks is prohibited and the limits in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: All that area beginning at a point on the northerly side of High Street, distant 250 feet westerly from the center line of Old Closter Dock Road, running thence northerly and always 250 feet southerly from the center line of Old Closter Dock Road and Main Street to the easterly side of West Street, distant 250 feet southerly from the center line of Main Street; thence northerly and along the easterly side of West Street to a point 250 feet northeasterly from the center line of Old Closter Dock Road; thence southerly and parallel with the center line of Old Closter Dock Road and always 250 feet distant northeasterly therefrom to the northerly side of High Street; thence westerly along the northerly side of High Street to the point or place of beginning.
The following additional requirements are hereby adopted and shall become part of the Uniform Fire Code of the Borough of Closter.
The Fire Chief or duly authorized representatives as may be in charge at the scene of a fire or other fire-related emergencies involving the protection of life and/or property shall direct such operations as may be necessary to extinguish or control any suspected or reported fires, gas leaks or other hazardous conditions or situations and shall take any other action necessary in the reasonable performance of their duty. The Fire Chief may prohibit any person, vehicle or object from approaching the scene of a fire or other emergency and may remove or cause to be removed from said scene any person, vehicle or object which may impede or interfere with the operations of the Fire Department. All persons ordered to leave a hazardous area shall do so immediately and shall not reenter the area until authorized to do so by the Fire Chief.
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way or to interfere with, obstruct or hamper any Fire Department operation.
"Authorized emergency vehicles" shall mean those which are so defined and authorized under the laws of the State of New Jersey.
A person shall not, without proper authorization from the Fire Officer in charge of said Fire Department emergency equipment, cling to, attach himself to, climb upon or into, board or swing upon any Fire Department emergency vehicle, whether the same is in motion or at rest; or sound the siren, horn, bell or other sound-producing device thereon; or manipulate or tamper with or attempt to manipulate or tamper with any levers, valves, switches, starting devices, brakes, pumps or any equipment or protective clothing on or a part of any Fire Department emergency vehicle.
It shall be unlawful for any person to damage or deface or attempt to conspire to damage or deface any Fire Department emergency vehicle at any time or to injure or attempt or conspire to injure Fire Department personnel while performing departmental duties.
It shall be unlawful to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any Fire Department connection for the pressurization of fire-suppression systems, including fire hydrants and Fire Department connections that are located on public or private streets and access lanes or on private property. If, upon the expiration of the time mentioned in a notice of violation, obstructions or encroachments are not removed, the Fire Chief or Fire Official shall proceed to remove the same. Cost incurred in the performance of necessary work shall be paid from the municipal treasury upon certification of the Fire Chief or Fire Official, and with the approval of the Borough Administrator, the Borough Attorney shall institute appropriate action for the recovery of such costs against the person or persons in violation of this section.
A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes unless such person first secures a permit for such use from the Fire Official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the water company having jurisdiction.
The Fire Official shall recommend to the Borough Administrator the location or relocation of new or existing fire hydrants and the placement or replacement of water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. A fire hydrant shall not be placed into or removed from service until approved by the Fire Official.
All new and existing oil storage plants, lumberyards, amusement or exhibition parks and educational or institutional complexes and similar occupancies and uses involving high fire or life-hazard uses and which are located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system shall be provided with fire hydrants supplying flow and placed as required by the Fire Chief or Fire Official. Such fire hydrants shall be connected to a water system in accordance with accepted engineering practices. The Fire Chief or Fire Official may require the installation of sufficient fire hose and equipment houses in accordance with the approved rules and may require the establishment of a trained fire brigade when the hazard involved requires such measures. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.
[Added 7-26-1995 by Ord. No. 1995:700]
Where sprinkler and/or standpipe systems exist or are required to be installed, all Fire Department connections shall be identified by a red light. This light shall be installed directly above the connection, at least six feet but not more than eight feet above ground level. Illumination shall be with a twenty-five-watt bulb and shall be in operation at all times. It shall be the responsibility of the property owner to install and maintain this equipment.
[Added 7-13-2011 by Ord. No. 2011:1099]
Open public fires on Borough property or any public property within the Borough is hereby prohibited unless under the supervision of the Fire Code official or his designee.