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.
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|
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:
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.
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.
