Borough of Upper Saddle River, NJ Chapter 51 Fire Prevention

[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River 3-30-2023 by Ord. No. 2-23.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 51, Fire Prevention; Art. I, Administration, adopted 7-11-1985, as amended ; Art. II, Smoke Detectors, Carbon Monoxide Detectors and Fire Extinguisher Compliance, adopted 10-3-1991, as amended; and Art. III, Fire Prevention Fees, adopted 1-14-1998, as amended.

§ 51-1 Legislative determinations.

A. The Uniform Fire Safety Act, N.J.S.A. 52:27D-192, et seq. ("the Act"), was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey.

B. The Act authorized municipalities to provide for local enforcement and to establish local enforcement agencies ("LEAs") to accomplish that purpose.

C. The Mayor and Council hereby determine it is in the best interest of the Borough of Upper Saddle River to have the Act enforced locally by the adoption of this chapter as permitted pursuant to N.J.S.A. 52:27D-202.

§ 51-2 Agency designation.

The local enforcing agency shall be the Bureau of Fire Code Enforcement.

§ 51-3 Duties.

The local enforcing agency shall enforce the Act and the codes and regulations adopted thereunder in all buildings, structures, premises, and places within the established boundaries of Upper Saddle River, other than owner-occupied one- and two-family dwellings, and shall faithfully comply with the requirements of the Act and the Uniform Fire Code.

§ 51-4 Life-hazard uses.

The local enforcing agency established by § 51-2 of this chapter shall carry out the periodic inspection of life-hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.

§ 51-5 Organization.

The Bureau of Fire Code Enforcement established pursuant to § 51-2 shall be under the direct supervision and control of the Bureau Chief who shall report to the Borough Administrator.

§ 51-6 Appointments; term of office, removal; identification.

A. Appointment of the Bureau Chief. The Bureau Chief shall be appointed by the Borough Council of the Borough of Upper Saddle River. The Bureau Chief shall be certified by the State of New Jersey as a Fire Official.

B. Inspectors and employees. Such inspectors and other employees as may be necessary in the local enforcing agency shall be appointed by the Borough Council of the Borough of Upper Saddle River from a recommendation provided, in writing, by the Bureau Chief and the Borough Council.

C. Terms of office. The terms of office for the Bureau Chief and inspectors shall be for a period of three years, effective January 1 to December 31 annually. Any vacancy of the Bureau Chief shall be filled for the unexpired term.

D. Removal from office. The inspectors and other employees of the enforcing agency shall be subject to removal by the Bureau Chief for inefficiency or misconduct. The inspector or employee to be removed shall be afforded an opportunity to be heard by the appointing authority or by a designated hearing officer.

E. Identification. All inspectors will be provided with proper identification, which he or she will be required to wear on all assigned inspections within the Borough of Upper Saddle River. Proper identification shall consist of a department-issued badge and Borough-issued photo ID.

§ 51-7 Board of appeals.

Pursuant to Sections 15 and 17 of the Act, any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Bergen County.

§ 51-8 Permits.

The application fee for a permit shall be as follows: the permit types shall be known as defined in the Uniform Fire Code:

Type	Fee
Type 1	$70
Type 2	$175
Type 3	$350
Type 4	$497

§ 51-9 Additional required inspections and fees.

A. Inspection and fees. In addition to the inspections and fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional annul inspections and fees shall be required. To provide a fire inspection service for all places described herein located with the Borough of Upper Saddle River, not classified as a life-hazard use, the following inspection fees are required (all calculations of gross area shall be rounded to the nearest square foot):

Type	Fee
USR-1 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 1,499 square feet in gross area	$70
USR-2 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 3,499 square feet in gross area	$100
USR-3 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 6,999 square feet in gross area	$120
USR-4 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 9,999 square feet in gross area	$140
USR-5 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 11,999 square feet in gross area	$160
USR-6 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 14,999 square feet in gross area	$180
USR-7 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 17,999 square feet in gross area	$200
USR-8 Any person, firm, corporation, building owner, business owner, occupant, tenant, vendor, or any other business use up to 18,000 square feet in gross area	$300

B. Occupied residential homes, apartment buildings, multiple-family dwellings, and condominium complex structures:

USR-9. Up to 2 units	$70
USR-10. 3 to 5 units	$100
USR-11. 6 to 10 units	$120
USR-12. 11 to 20 units	$175
USR-13. 21 to 39 units	$200
USR-14. 40 or more units	$300

C. Certificate of smoke detector, carbon monoxide alarm and fire extinguisher compliance certification. Before any residential structure, unit, apartment, condo, or townhouse is sold, leased, or otherwise made subject to a change of occupancy for residential purpose, the owner shall obtain a certificate of compliance from the Bureau of Fire Code Enforcement. An application shall be completed, and the property fee paid prior to the scheduling of an inspection. Carbon monoxide alarm detectors shall be installed in all dwelling units. As defined in N.J.A.C. 5:70-4.19, a carbon monoxide alarm detector shall be installed and maintained on each level of the premises and outside of each separate sleeping area.

D. As set forth in N.J.S.A. 52:27D-198.1, smoke detectors shall be installed in each dwelling unit with a minimum of one smoke detector on each level and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with the National Fire Protection Association Standards No. 74-1984 for the installation, maintenance and use of household fire warning equipment. A floor area separated by three or more risers from another floor area shall be considered a separate level. Where a basement exists, a smoke detector shall be installed on the basement ceiling. Smoke detectors shall not be required in an unoccupied attic. To achieve compliance with this article, smoke detectors are required to be approved by (UL) Underwriters Laboratories.

E. A portable fire extinguisher shall be installed in all dwelling units, as defined in N.J.S.A. 52:27D-198.1. Any property that is sold, leased or otherwise made subject to a change of occupancy for residential purposes shall have a fire extinguisher, which shall comply with the following requirements:

(1) Rated for residential use consisting of an ABC type.

(2) Shall be a minimum of 2A:10BC and no larger than a ten-pound rating.

(3) Mounted within 10 feet of the kitchen area and shall be in the path of egress. Extinguishers may not be placed inside of a closet, cabinet or separated by a door.

F. All residential occupancies - Fees:

(1) Applications received prior to five calendar days before change of occupancy: $70.

(2) Applications received with four days or less notice: $125.

G. All municipal, Board of Education, religious buildings, structures and uses and premises shall be exempt from inspection fees. This does not exempt the above from filing any required inspection forms nor from any of the above requirements related to fire safety inspections and applicable Fire Code regulations.

H. Cyclical inspection fees (once every five years, or as required by Fire Code or Housing Code). Inspections performed on a cyclical basis shall follow the fee schedule provided below:

Type	Fee
USR-9. Up to 2 units	$140
USR-10. 3 to 5 units	$200
USR-11. 6 to 10 units	$240
USR-12. 11 to 20 units	$350
USR-13. 21 to 39 units	$400
USR-14. 40 or more units	$600

§ 51-10 Fire watches.

A. Systems out of service. Where a required fire protection system is out of service, the Fire Department and the Bureau Chief shall be notified immediately, and if the Bureau Chief determines that an imminent hazard exists, the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. In addition, an agreement to provide a fire watch may be entered into between a representative of the property owner and the Bureau Chief in those circumstances where such fire watch is deemed necessary in the sole and exclusive discretion of the Bureau Chief.

B. Fire services. Members of the Fire Department may be available for service as fire watch personnel only at such times as will not interfere with the efficient performance of emergency duty for the Borough, with the approval of the Fire Chief and Fire Official. The application for such services shall be made known to the Borough Administrator and the Chief Financial Officer, either in writing or verbally. The application for fire watch by the appropriate building representative, as required by the Bureau Chief, shall set forth pertinent information concerning the location of the fire watch, the number of service personnel, and estimated duration of such services. In the event the application for services that such outside employment will interfere with a member's performance or compromise a member's position with the Borough through a conflict of interest or if there is any reasonable probability that the service requested would reflect unfavorably upon the firefighter or the Fire Department, the Bureau Chief shall consult the Borough Administrator.

C. Payment.

(1) Upon receipt of an application for such services and approval of same by the Bureau Chief, the Chief Financial Officer and the building representative shall execute an agreement to perform fire watch coverage on the form provided by the Bureau Chief, which shall provide, inter alia, for the building representative to pay to the Treasurer of the Borough a certain amount in cash, check or money order as is set forth herein or as may be fixed from time to time by resolution of the Borough Council as compensation for such services.

(2) The rate of compensation to the Borough shall be determined based upon the fixed amount of pay, with an additional 20% surcharge of the total amount billed to cover administration, insurance, equipment and other related costs (for example, $35 + 20% = $42 per hour payment for such services per firefighter). The total amount of the cost to perform fire watch duty shall be paid to the Borough within 15 days after such duty has been performed.

D. Collection of fees.

(1) The Bureau Chief or his designee shall be responsible for the collection of the aforesaid fees and shall maintain an accurate accounting thereof and shall turn these funds over to the Borough Treasurer as prescribed by state requirements.

(2) The Borough Treasurer then shall present a monthly accounting report to the Mayor and Council.

§ 51-11 Fire reports.

Fire report fees, per copy, are as follows:

Type	Fee (Per Copy)
Copy(ies) of fire investigation reports	$25
Photos provided	$25
Copy(ies) of NFIRS reports (National Fire Incident Report)	$10
All other document(s) per copy	$1.50

§ 51-12 Lock box system.

A. In all structures served by an internal automatic fire detection or suppression system, where access to the structure or within the structure or an area is unduly difficult because of secured openings, or where immediate access is necessary for lifesaving or for firefighting purposes, the Bureau Chief may require a key box to be installed in an accessible location to the Fire Department. The key box shall be a type approved by the Bureau Chief, so that all key access to this type within the Borough of Upper Saddle River may be accomplished with one system. The key box shall contain keys to gain necessary access as required by the Bureau Chief.

B. Installation of the key box shall be in accordance with specifications maintained and approved by the Bureau Chief as required. The Bureau Chief shall have the authority to implement a uniform system throughout the Bureau so that access to the designated key boxes may be accomplished by the utilization of one uniform key system.