A. 
The recognized standards and practices for the prevention of fire, except where they are inconsistent with the Code of the Township of Montclair or with other ordinances of the Township, are hereby declared to be the standard practices and requirements set forth in the BOCA Basic Fire Prevention Code, 1984 Edition. Said regulations, standards and practices, requirements and specifications are hereby incorporated in and made part of this chapter as though set forth in full herein. Copies thereof have been filed and shall remain on file and open to public inspection in the office of the Municipal Clerk.
[Amended 3-3-1981 by Ord. No. 81-9; 2-21-1984 by Ord. No. 84-9]
B. 
The BOCA Fire Prevention Code is hereby amended and supplemented by adding to Section F-408.0, Fire Alarm Systems, a new paragraph F-408.4, Smoke detectors; carbon monoxide detectors and portable fire extinguishers, to read as follows:
[Amended 4-15-1980 by Ord. No. 80-14; 10-15-1991 by Ord. No. 91-49; 5-23-2000 by Ord. No. 00-19; 2-27-2001 by Ord. No. 01-10; 6-10-2003 by Ord. No. 03-37; 6-13-2006 by Ord. No. 06-35]
F-408.4 Smoke detectors; carbon monoxide detectors and portable fire extinguishers: Every dwelling unit, room or suite subject to this section shall be provided with a minimum of one approved smoke detector and carbon monoxide detector on each story or level, and one portable fire extinguisher, installed in a manner and location approved by the Fire Prevention Bureau of the Township of Montclair.
F-408.4.1 Each dwelling unit in a single-family, two-family or multifamily residence, each guest room or suite in a hotel, motel, rooming house or boardinghouse and each suite or sleeping area in a dormitory shall be subject to the terms of this section.
No property shall be exempt from the installation of the carbon monoxide detector unless all of the following shall apply:
(1) 
The premises shall have no attached parking garage or carport;
(2) 
The dwelling units shall be powered and heated by electricity only;
(3) 
There are no fuel-burning appliances within the premises; however, if a common area boiler, water heater or similar appliance is present, then all dwelling units adjacent to the common chimney or vent shall install the carbon monoxide detectors within the dwelling unit and the room which houses the appliance.
F-408.4.2 No structure containing a unit, room, suite or area subject hereto shall be sold after the effective date of this section without first having met its requirements. No dwelling unit, room, suite or area subject hereto shall be leased or rented after the effective date of this section without first having met its requirements. In the absence of sale or rental, the owner of any dwelling unit, room, suite or area subject hereto shall comply with the terms of this section no later than April 7, 2003.
F-408.4.3 An approved smoke detector and carbon monoxide detector shall be a photoelectric and/or an ionization type with Underwriters' Laboratories or Factory Mutual Engineering Corporation label affixed to it.
F-408.4.4 The installation of smoke detectors and carbon monoxide detectors, either battery-operated or hard wire, shall be made in accordance with the regulations of the Fire Prevention Bureau and the requirements of the manufacturer, both as to the number of detectors needed for the area to be protected and as to the method employed. All such equipment and installations shall comply with regulations established under N.F.P.A. Standard No. 74 and the State Uniform Construction Code Act.[1]
F-408.4.5 Inspection of smoke detector and carbon monoxide detector and portable fire extinguisher installations prior to the conveyance of title or the leasing, as the case may be, shall be made by the Fire Prevention Bureau and, where appropriate, by the Electrical Subcode Official.
F-408.4.6 It shall be the sole responsibility of the owner to maintain every smoke detector, carbon monoxide detector and portable fire extinguisher in working order after it has been inspected by the Fire Prevention Bureau.
F-408.4.7 The fee for the placement and final certification by the Fire Prevention Bureau shall be $75 for one-family and two-family dwellings, $100 for three- to six-family dwellings, $150 for seven- to fifteen-family dwellings and $225 for over 15 families.
F-408.4.8 The penalty for the violation of any provision of this section shall be a fine not exceeding $1,000 or imprisonment in the county jail for not more than 90 days, or both. Noncompliance as to each dwelling unit, room, suite or area in the same structure shall constitute a separate violation.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C. 
The BOCA Fire Prevention Code is hereby amended and supplemented by adding to Section F-2900.0, General, a new paragraph F-2900.4, Prohibited installations, to read as follows:
F-2900.4 Prohibited installations: No tank for the storage of flammable liquids shall be installed in any residential zone as delineated on the Township Zoning Map.
No person in possession of or having control of any building or premises in the Township shall permit or allow therein or thereon any fire hazard or any installation, construction, equipment, matter or thing which, by reason of not being installed, constructed or maintained according to recognized standards and practices for the prevention of fire, creates or produces a danger to persons or property from fire.
[Amended 5-23-2000 by Ord. No. 00-19]
A. 
It shall be the duty of the Chief of the Fire Department or the Fire Official of the Township, hereinafter in this chapter referred to as the "Fire Chief" or "Fire Official," to enforce all laws and ordinances relating to:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammables.
(3) 
The installation and maintenance of private fire alarm systems and fire-extinguishing equipment.[1]
[1]
Editor's Note: See Ch. 71, Alarm Systems.
(4) 
The maintenance and regulation of fire escapes.
(5) 
The means and adequacy of exit in case of fire from all buildings and other places in which persons work, live or congregate for any purpose.
B. 
It shall also be the duty of the Fire Chief or Fire Official to investigate the cause, origin and circumstances of fires.
[Added 6-9-2015 by Ord. No. O-15-014]
A. 
The Fire Official in the Township of Montclair is authorized to designate fire zones and fire lanes on property devoted to public use or on which the public is invited or has access for vehicular traffic, subject to inclusion in § 327-17.1, Fire zones, or § 327-17.2, Fire lanes. These fire lanes/zones shall be established for the purpose of ensuring that fire equipment and other emergency vehicles will have unobstructed means to enter and/or operate during an emergency.
B. 
Fire lanes and fire zones shall be consistent with the State of New Jersey Uniform Fire Code 502.1 and 503.1.1.
C. 
No stopping, standing or parking is permitted at any time in a fire zone or fire lane.
D. 
Fire zone and fire lanes shall be marked with striping and signage delineating the fire zone or fire lane and prohibiting stopping, standing or parking at all times.
E. 
This section is enforceable by the Montclair Police Department, Fire Department, code enforcement and parking enforcement officers.
F. 
The cost of installation of required signage and striping per the Fire Code on private property will be the responsibility of the property owner.
[Amended 5-23-2000 by Ord. No. 00-19]
The Fire Chief or Fire Official may designate as inspectors such members of the Fire Department as he or she shall deem necessary from time to time to aid him or her in the enforcement of this chapter and in the making of the inspections herein required.
The Fire Chief or his or her authorized representatives may at all reasonable hours enter any building or premises for the purpose of making any inspection or investigation which he or she may deem necessary for the prevention of fire and to secure the safety of persons from fire.
[Added 5-22-2001 by Ord. No. 01-35]
A. 
It is the purpose of this section to allow the Fire Department and its personnel to gain immediate and reliable access to structures within the Township in order to ensure proper lifesaving and other fire-fighting purposes, where access to such structures is unduly difficult because of secured external or internal openings or other hazards.
B. 
Key box required. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or for firefighting purposes, the Fire Official or Fire Subcode Official, where appropriate, shall require a key box to be installed in an accessible location. The key box shall be a type approved by the Fire Official or Fire Subcode Official, as appropriate, so that all key access of this type within the Township of Montclair may be accomplished with one system. The key box shall contain keys necessary to gain access as required by the Fire Department.
C. 
Installation.
(1) 
When a building within the Township of Montclair is protected by an automatic fire suppression or standpipe system, it shall be equipped with a key box. The key box shall be at a location approved by the Township of Montclair Fire Official. The key box shall be a UL type approved by the Fire Official.
(2) 
When a building is protected by an automatic alarm system, and/or access to or within a building, or an area within that building, is unduly difficult because of secured openings, and where immediate access is necessary for lifesaving or fire-fighting purposes, the Fire Official may require a key box to be installed at a location approved by the Township of Montclair Fire Official. The key box shall be a UL type approved by the Fire Official.
(3) 
The Fire Subcode/Fire Official may require a key box tamper switch connected to the building's fire alarm system.
(4) 
When a building is protected by an automatic sprinkler system or standpipe system and the Fire Department connection is exposed to undue vandalism the Fire Official may require that a Fire Department connection security cap(s) be installed. The Fire Department connection security cap(s) shall be a type approved by the Fire Official.
(5) 
This shall not apply to owner occupied one- and two-family dwellings.
D. 
Key box contents. Where required, the rapid key boxes shall contain the following:
(1) 
Keys to locked points of egress, whether in the interior or exterior of such buildings.
(2) 
Keys to the locked mechanical rooms.
(3) 
Keys to the locked elevator rooms.
(4) 
Keys to the elevator controls.
E. 
Enforcement. The enforcement agent for the provisions of this section shall be the responsibility of the Fire Official or Fire Subcode Official in accordance with the provisions of the Uniform Fire Code of the State of New Jersey.
F. 
Time for compliance. All existing building owners, managers or agents shall comply within six months of service of notice of required compliance. 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 as a condition for the issuance of such certificate.
The Fire Chief or his or her authorized representatives shall inspect all hazardous manufacturing processes, storage or installation of gases, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems and such other hazards or appliances as he or she shall deem advisable in the prevention of fire. He or she shall make such orders as may be necessary to make the aforesaid things or any of them comply with recognized standards and practices for the prevention of fires.
The Fire Chief or his or her authorized representatives shall inspect all buildings and premises for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or for any violations of the provisions and intent of this chapter. He or she shall make such orders as may be necessary to make the aforesaid buildings and premises or any of them comply with recognized standards and practices for the prevention of fire.
Whenever the Fire Chief or his or her authorized representatives shall find in any building or upon any premises the following dangerous or hazardous conditions or materials, the Fire Chief or his or her authorized representatives shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Fire Chief:
A. 
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.
C. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
D. 
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
E. 
Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
F. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.
[Amended 5-23-2000 by Ord. No. 00-19]
The owner, occupant or person in charge of or managing any building or premises shall forthwith, after notice from the Fire Chief or Fire Official so to do, correct any condition in such building or premises so that the premises, building, processes or materials shall be in such condition as to comply with the recognized standards and practices for the prevention of fire.
A. 
An order made under the provisions of §§ 153-6 to 153-9, both inclusive, shall be in writing and shall be served upon the occupant of the premises to whom it is directed by delivering a copy thereof to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises. In case no such person is found upon the premises, service shall be made by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served by delivering to and leaving with the said person a copy of said order or, if the owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address by registered or certified mail.
B. 
Any such order shall forthwith be complied with by the owner or occupant of such premises or building. If such order is made by an inspector, such owner or occupant may, within 24 hours, appeal to the Fire Chief. The Fire Chief, within five days, shall review the order and file his or her decision thereon. Unless by his or her authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in said order or decision of the Fire Chief.
C. 
Any such owner or occupant may, within five days after the making or affirming of any such order by the Fire Chief, file his or her petition with the Township Council requesting a review of such order. It shall be the duty of the Board to hear the same within not less than five days nor more than 14 days from the time the petition is filed and to make such order in the premises as right and justice may require. Such decision shall be final.
Any person who is required by the terms of this chapter to comply with any order of the Fire Chief made pursuant to the provisions of this chapter and fails or neglects to comply with same shall be deemed to have violated the provisions of this chapter and to be liable to the penalty provisions of § 153-12 hereof.[1]
[1]
Editor's Note: Former § 119-12, Fire drills in educational and institutional occupancies, which immediately followed this section, was deleted 5-23-2000 by Ord. No. 00-19.
[Added 6-13-2006 by Ord. No. 06-32; amended 7-25-2006 by Ord. No. 06-41]
The following fee schedule will apply to all annual inspections of non-life-hazard uses performed by the Fire Department:
A. 
Fee schedule.
Use
Fee
Eating establishments, other than life-hazard uses: 1 to 49 persons seated/take-out only
$30
Public assembly buildings: 50 to 99 people other than life-hazard uses
$40
Office buildings, other than life-hazard uses: 1 to 7 offices
$40
Office buildings, other than life-hazard uses: 8 to 16 offices
$70
Office buildings, other than life-hazard uses: 17 or more offices
$170
Supermarkets/food marts/grocery stores having less than 10,000 square feet
$90
Hardware/appliance/furniture stores having less than 10,000 square feet
$90
Retail stores/mercantile buildings having less than 7,000 square feet
$30
Retail stores/mercantile buildings having more than 7,000 but less than 10,000 square feet
$70
Retail stores/mercantile buildings having 10,000 square feet or more
$170
Any other commercial/business occupancy with less than 1,000 square feet
$30
Any other commercial/business occupancy with 1,000 to 5,999 square feet
$40
Any other commercial/business occupancy with 6,000 to 9,999 square feet
$70
Any other commercial/business occupancy with 10,000 square feet or more
$170
B. 
Non-life-hazard use (LHU) mixed-use properties.
Use
Fee
Mixed use, commercial/business with less than 3 dwelling units
$70
Mixed use, commercial/business with 3 to 7 dwelling units
$90
Mixed use, commercial/business with 8 to 17 dwelling units
$170
Mixed use, commercial/business with more than 17 dwelling units
$270
C. 
Non-life-hazard use (LHU) multiple-dwelling properties.
Use
Fee
Multiple dwelling with common area having 3 to 7 dwelling units
$70
Multiple dwelling with common area having 8 to 16 dwelling units
$90
Multiple dwelling with common area having 17 to 25 dwelling units
$170
Multiple dwelling with common area having more than 25 dwelling units
$270
D. 
All fees are due within 30 days of billing.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.