[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-2-1986 by Ord. No. 2023]
The purpose of this article is to provide standards
and regulations for various types of intrusion, burglar, fire and
other emergency alarm devices whether by direct line, radio, telephone
or other means actuating a device at the police headquarters of the
Borough of Bergenfield and requiring response thereto by the Police
Department, Fire Department or other municipal agencies.
The provisions of this article shall apply to any permittee who operates, maintains or owns any alarm device or local alarm designed to summon the Police or Fire Department or other municipal agencies to any location in response to any type of alarm signal. The terms of this article shall in no way prohibit alarm companies from providing service by private source to other offices within or without the Borough of Bergenfield so long as such activity is not connected to the alarm console, except, however, that any person having a premises protected by an alarm device shall be responsible for the registration thereof in accordance with § 83-4B.
As used in this article, the following terms
shall have the meanings indicated:
The console or control panel of devices producing a visual
or audio response, or both, and located within the Municipal Building
of the Borough.
Any device or mechanism used or designed for detection and
warning of unauthorized entry, fire, smoke, flood or other perils
but excluding battery-operated smoke detectors located entirely within
enclosed residential buildings.
Any alarm device or aggregate of alarm devices as a single
independent system installed on or within a single building or on
or within more than one building or other structure on a common site
at a specific location as a single independent system.
Any police alarm device actuated by a burglary, robbery or
theft at a specific location.
Any facility operated by a private firm that owns or leases
a system of emergency alarm devices, which facility is manned at all
times by trained operators employed to receive, record and validate
alarm signals and to relay information concerning such validated signals
to the police or fire dispatch room.
Any alarm device connected directly by leased telephone wires
from a specific location to the radio dispatch room at the Municipal
Building.
Any signal or message received by the Police or Fire Department
and to which either or both respond, which signal or message was directly
or indirectly brought about or produced by an alarm device of any
type, but not the result of criminal activity or other emergency and
not created by malfunction of the alarm console within the Municipal
Building.
Any fire alarm device actuated by a fire, smoke or heat condition
at a specific location.
Any private individual, partnership, corporation or firm
which is authorized by license of the municipality to maintain and
operate the alarm console except for use by the Police and Fire Departments.
Any alarm device which, when actuated, produces an audible
or visible signal designed to notify persons within audible or visible
range of the signal that a criminal act or other emergency is occurring
or has occurred and must be visibly labeled to identify to person
outside the building of the type of alarm. Fire alarm devices must
be painted red.
The Borough of Bergenfield or any department, agency or officer
duly authorized to act on behalf of the municipality.
Any private individual, partnership, corporation or firm
which holds a permit from the municipality to use an alarm device
on premises owned or leased by it.
DIAL ALARMAny alarm device which automatically or electronically selects a telephone trunk line of the Police Department of the municipality and thereafter delivers a signal or reproduces a prerecorded message to report a criminal act or other emergency.
DIRECT TELEPHONE ALARMAny alarm device, mechanism, system, practice or procedure by which a criminal act or other emergency is recorded by telephone to the municipality by means of a central alarm station, private alarm company, telephone operator or by any person other than the owner or lessee of the premises from which the criminal act or other emergency call originates.
A.
Except as hereinafter provided, it shall be unlawful
for any individual, partnership, corporation or firm to operate or
maintain an alarm device, as defined by this article, without obtaining
a valid permit on an annual basis. Said permits shall be obtainable
through the Chief of Police, upon the payment of an annual fee of
$25 made payable to the Borough of Bergenfield.
B.
Any individual, partnership, corporation or firm which
owns and operates or maintains an alarm device or devices shall make
application to the Chief of Police for a permit therefor on forms
supplied by the Police Department. The application shall specify the
name, address and telephone number of the owner and user of the alarm
installation, the exact location of the alarm device or devices, the
name and address of the installer of said device, the type of device,
the name and address of the individual or firm regularly servicing
said alarm device, if any, provisions relating to false alarms and
testing procedures, a list of names and addresses of a person to be
contacted in the event of an alarm and other information relating
to the alarm device reasonably required by the Chief of Police.
C.
Applications for a permit must be filed on or before
February 1 next succeeding the adoption of this article for all existing
or new alarm installations and shall be accompanied by an annual fee
payable to the municipality in accordance with the schedule of fees
hereinafter set forth.
D.
All permits shall expire on January 31 and shall not
be valid after said date. A renewal permit application must be filed
with the Chief of Police on or before February 1 in each year and
shall be accompanied by an annual fee payable to the municipality
in accordance with the schedule of fees hereinafter set forth. The
renewal application, on forms supplied by the Police Department, shall
provide for any changes in information from that contained in the
original application or in the most recent renewal application.
E.
The Chief of Police is the designated official of
the municipality to issue and renew permits, to remove or suspend
permits and to otherwise enforce and apply the provisions of this
article.
F.
An application for a permit or permit renewal may
be denied if the Chief of Police disapproves of the equipment intended
to be used or continued by the applicant or the manner of use thereof
or if the applicant has violated any other provision of this article
or is in default in the payment of the annual fee.
G.
All permits as may be granted hereunder shall be accepted
upon the express conditions that:
(1)
The permittee shall defend, indemnify and save harmless
the municipality and its authorized officials, agents and employees
from and against any and all damages, costs, expense and liability
arising out of the acts or failure to act of the municipality, the
alarm console licensee, the permittee, the alarm contractor or any
one or more of them or arising out of any defects, deficiencies or
inadequacies in any alarm device or devices for which a permit has
been granted or in any installation, monitoring or maintenance thereof
or by reason of any malfunction or defect in the operation or maintenance
of the alarm console.
(2)
The permittee shall comply with all other provisions
of this article.
A.
There is hereby established a police alarm console license which shall be granted upon recommendation of the Chief of Police as set forth in § 83-4 of this article. Any such licensee shall have exclusive use and control of the alarm console except for use by the Police Department of the Borough of Bergenfield, and such licensee will be responsible at no cost to the Borough of Bergenfield for the establishment, construction and installation of said console containing equipment and being of a design approved by the Chief of Police and for the care, maintenance and management thereafter of said console. Said licensee shall locate said console and relocate said console if necessary under the supervision of the Chief of Police at no cost to the Borough of Bergenfield.
B.
Any connection to the police alarm console shall be
of a type inspected and approved by the Chief of Police of the Borough
of Bergenfield or his designated representative, and any person aggrieved
by said decision may appeal said decision in writing within 10 days
to the Mayor and Council.
C.
All alarms existing as of the date of the adoption
of this article, except dial alarms, shall be connected hereunder
to the alarm console by the licensee, and no connection cost for such
transfer shall be permitted.
D.
The licensee for the alarm console shall be permitted
to charge the permittee a maximum connection fee of $50 and a maximum
monthly retainer or maintenance fee of $10, except, however, that
no fee shall be charged to the Borough of Bergenfield, the Board of
Education of the Borough of Bergenfield or such emergency facilities
as designated by the Mayor and Council not to exceed five structures
within the Borough of Bergenfield for monthly charges or console connection
charges for any existing or future systems in public buildings, and
any equipment or alarm devices installed by the alarm console licensee
in such public buildings shall be at wholesale cost exclusive of labor
charges. Any person, firm or company that operates a central alarm
retransmission facility or central alarm station for the benefit of
permittees shall be permitted to connect to the alarm console for
alarm retransmission purposes. The licensee shall be permitted to
charge such person, firm or company installation and monthly fees
based upon the aggregate number of permittees using such central alarm
retransmission facility or central alarm station which connects to
the alarm console.
E.
The licensee shall install initially an annunciator
or display console having no less than 250 zones available for present
systems and future connections, which console shall be approved by
the Underwriters' Laboratories and meet any applicable NFPA Code.
F.
Except as provided in § 83-5 of this article, any license issued hereunder shall be for a term of three years from the date of approval by the Mayor and Council of the Borough of Bergenfield; such licensee shall post with the Borough Clerk a performance bond in the amount of $5,000 noncancelable without notification to the Mayor and Council of the Borough of Bergenfield, guaranteeing performance for three years of the obligation of the licensee and ensuring maintenance of said console and alarm system during said period when such license is in force.
G.
Said licensee, for the privilege of obtaining said
license shall pay to the Borough of Bergenfield a minimum annual sum
of not less than 5% of the gross rental billed annually by such licensee
from subscribers connected to said alarm console, which payment shall
be made within 45 days of the close of each contract year in which
said license is in force, and such licensee by acceptance of said
license shall be deemed to have agreed to having the books and accounts
of said licensee open to inspection by the Borough Auditor or other
designated representative of the Mayor and Council to verify the annual
amount which shall be paid by said licensee.
H.
The licensee granted a license hereunder will assume
all liability and hereby agrees to defend, indemnify and save harmless
the Borough of Bergenfield, its departments, agencies, officials and
agents from and against any and all damages, claims, suits, causes
of action and costs and expenses in connection with or arising out
of the installation and operation of the alarm console. The licensee
shall at all times be considered an independent contractor.
I.
Insurance.
(1)
The licensee shall provide, prior to the granting
of a license, and maintain in full force and effect with responsible
carriers satisfactory to the Borough of the following insurance:
(a)
Workmen's compensation and employers' liability insurance
covering all persons employed by the licensee. The licensee shall
also cause any of its subcontractors to provide and maintain workmens'
compensation and employers' liability insurance covering all persons
employed by such subcontractors.
(b)
Comprehensive general liability insurance, including
contractors' contingent liability, covering bodily injury with limits
of $500,000 for each person killed or injured and $1,000,000 for more
than one person injured or killed in any one accident; property damage
liability with limits of $100,000 per occurrence.
(2)
All insurance policies are to carry cross-coverage
clauses: i.e., insure both the licensee and the Borough.
(3)
All insurance policies shall contain a statement that
the same may not be canceled or modified except upon 10 days' written
notice to the Borough of Bergenfield.
(4)
The policies shall otherwise be in a form satisfactory
to the Borough Attorney.
J.
Except as otherwise herein provided, any license issued
hereunder shall be for a term of three years.
K.
The licensee shall at all times observe and comply
with all federal, state and local laws, ordinances, statutes, regulations
and orders that in any manner affect the installation, repair and
operation of the alarm console system and shall defend, indemnify
and save harmless the Borough and all its various departments, agencies,
officials and agents against any claims, liability or expenses arising
out of or based upon the nonobservance of any of the foregoing.
L.
The licensee shall pay all royalties and license fees
necessary for the full and free use and enjoyment by the Borough of
any and all rights to any inventions, machines, processes, licenses
or systems supplied by the licensee which may be included in the alarm
console system either in the installation or use after completion.
The licensee shall defend all suits and claims for infringement of
any patent right or rights of a similar nature and shall indemnify
and save harmless the Borough in connection therewith.
M.
The licensee shall be responsible for and shall pay
all federal, state and local taxes of every type and description incident
to the performance of its duties and obligations hereunder.
N.
The licensee shall keep and perform its duties and
obligations under its personal contract and supervision and shall
not assign, transfer, sublet or otherwise dispose of any right or
responsibility under the license granted, without the express written
consent of the governing body of the Borough of Bergenfield, which
consent shall not unreasonably be withheld.
O.
Only the Borough and the Board of Education and such
other public and private individuals, partnerships, corporations and
firms which shall have applied to and been granted permission by the
Borough to connect with the alarm console shall be permitted to use
the services of the alarm console system. The Borough of Bergenfield,
through its authorized officials, shall have the right to suspend
or terminate a permittee's service at any time for the failure or
neglect of such permittee to comply with any requirements herein established,
in which event the licensee shall disconnect the permittee's service
at no cost or expense to the Borough or to such permittee, except
that the permittee shall be billed to the date of termination of the
service.
P.
Suspension or revocation of license.
(1)
The license issued to the licensee hereunder may be
revoked at any time by the governing body of the Borough, upon 60
days' written notice of ordinary mail to the licensee, for failure
or neglect of the licensee to comply with and fully perform any one
or more of the requirements or regulations herein established in a
manner satisfactory to the Borough. The licensee shall be entitled
to a revocation hearing by the governing body, provided that written
request therefor is made to the Borough Clerk within 10 days after
the mailing of the notice of termination to the licensee.
(2)
The governing body may at any time and without advance
notice suspend any issued license when it shall appear to them that
to do so would be necessary in the best interests of the municipality.
The suspension shall be effective for such period of time as may be
required for the municipality to investigate the matter. The municipality
may request another individual or firm to service the alarm console
during the period of suspension and the cost therefor shall be paid
by the licensee. The licensee may continue to collect the usual fees
during any period of suspension, but not for any period following
termination.
(3)
Any suspension or termination of the license as herein
provided shall be without cost, expense or liability of the municipality.
In the event of termination of the license by the municipality, the
licensee shall have the right to remove the alarm console system as
may be owned by the licensee, at no expense to the municipality, in
a manner and at the time directed by the Chief of Police (not later
than 30 days after termination date) to permit installation of a substitute
alarm system by an approved successor licensee. Any equipment as may
be owned by the licensee which is not removed when directed by the
Chief of Police shall become the property of the municipality, and
the licensee shall have no further claim or right thereto or to any
part thereof. The licensee may sell the alarm console equipment owned
by it to another individual or firm accepted and approved as a licensee.
Q.
All equipment installed as part of the alarm console
shall either be owned by the licensee or shall be under his sole and
exclusive control, unless otherwise consented to in writing by the
governing body of the Borough of Bergenfield. Satisfactory proof of
ownership or sole and exclusive control shall be furnished to the
municipality immediately upon request.
R.
The licensee shall enter into a contract with the
municipality in a form approved by the Borough Attorney, which contract
shall grant the license hereunder and incorporate by reference all
of the requirements and regulations herein as an integral part thereof.
The Borough of Bergenfield, its various departments,
agencies and officials shall be under no duty or obligation to any
permittee or to any alarm console licensee hereunder or to any other
person or persons with respect to the adequacy, operation, installation,
repair or maintenance of the alarm console equipment and any allied
or related equipment or services and assumes no liability in connection
therewith. Upon issuance of a permit hereunder, the permit holder
hereby agrees to hold and save harmless the Borough of Bergenfield,
its departments, agencies and officials from any liability or damages
suffered as a result of or arising out of improper of faulty installation,
operation or maintenance of any police or fire alarm system of the
permittee or the improper or faulty installation, operation or maintenance
of the alarm console at the Municipal Building.
[Added 12-28-2006 by Ord. No. 06-2367]
A.
General standards.
(2)
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations in accordance with Subsection D of this section. In addition, in the case of false alarms, the Chief of Police shall cause an investigation to be made and shall keep a record of said alarms on file. For such false alarms the Mayor and Council declares the following penalties:
(a)
First through third false alarms: a written
warning shall be issued.
(b)
Fourth and fifth false alarms: a fine of $25
shall be paid.
(c)
Sixth and additional false alarms in any single
permit year: court appearance is mandatory with a penalty of not less
than $50 and not to exceed $500.
(d)
Where the investigation of the Police Department
discloses continued abuse of the privilege of connection to the alarm
console and a disregard of the permittee for failing to take remedial
steps to avoid false alarms, the Mayor and Council reserves the right
to require disconnection from the alarm console for a limited or permanent
time, provided that no such permit shall be revoked or suspended without
giving the permittee an opportunity to show cause before the Mayor
and Council why such action should not be taken.
(3)
Any unauthorized or malfunctioning equipment may be
disconnected by the Chief of Police or his designated representative
for noncompliance with this article, and any person installing or
maintaining unauthorized equipment shall be prosecuted for violation
of this article, and each and every day said equipment is in operation
shall be considered a separate violation. Any permittee shall, by
acceptance of the permit, be deemed as having consented to inspection
of the premises on which said alarm devices are installed at reasonable
hours by the Chief of Police or his designated representative.
(4)
Any licensee of the alarm console and any permittee
utilizing the services of any other alarm company connected to said
console shall provide for a representative to be on call at all times,
and adequate service shall be provided within eight hours of notification
by the Police or Fire Department of any malfunctioning or faulty equipment.
(5)
All alarm devices shall be installed in accordance
with all applicable municipal and governmental laws, ordinances and
requirements.
(6)
A permittee or his representative shall respond to
the source of a signal or transmission from an alarm device as promptly
as possible after the actuation of such device and shall contact the
Police or Fire Department dispatched to the scene. He shall relieve
the police officer or fireman in charge whenever there is no fire
or criminal activity at the scene of the alarm.
(7)
Any permittee shall be deemed to have consented to
inspection of the premises on which said alarm device(s) is installed
at reasonable hours by the Police or Fire Chief or his designated
representatives. This provision shall not be construed to impose a
duty on the municipality to make inspections or to relieve the alarm
owner from inspecting, testing and maintaining his own alarm device(s).
(8)
If the location of the fire or police communications
facilities should be changed at any time, permittees or licensees
under this article shall not be permitted to charge the municipality
with any resulting cost of moving alarm equipment.
(9)
All costs and recurring charges incurred in the installation
and maintenance of alarm systems shall be borne by the permittee,
except where this article indicated that such costs shall be paid
by the licensee.
(10)
Testing of alarms.
(a)
Any person testing an alarm system covered by
the provisions of this article shall notify police headquarters immediately
prior to and immediately after the testing is completed. Failure to
do so shall constitute a violation of this article and subject such
person to the penalties set forth herein.
(b)
There shall be a mandatory annual test of any
system connected to the console. In order to conduct said test, 48
hours' notice shall be provided to police headquarters.
(11)
Access to premises. Access to premises shall
be provided by any permittee in any one of the following forms:
(a)
Personal response by permittee or agent within
15 minutes of notice of alarm by Bergenfield Police Department.
(b)
Sealed key to premises given to the Bergenfield
Police Department.
(c)
A key vault may be installed on the premises
in accordance with regulations provided by the Borough of Bergenfield.
(12)
The sensory mechanism of such devices shall
be adjusted so as to suppress false indications and not to be actuated
by impulses due to pressure changes in water pipes, short flashes
of light, wind noises, rattling or vibration of doors or windows or
other forces unrelated to general alarms.
(13)
All components of such equipment must be maintained
by the owner in good repair, and, when evidence exists that there
has been failure to comply with the operational requirements of this
article, the Chief of Police and/or Fire Official are then authorized
to demand that such device be disconnected until such time as compliance
with current requirements is reestablished.
B.
Dial alarm devices. Dial alarm devices shall be permitted
only under the following conditions:
(1)
All owners of dial alarms shall register same in the manner set forth in § 83-4B of this article.
(2)
No dial alarm devices shall be finally registered
until a test alarm has been made by the owner in conjunction with
the Chief of Police and/or Fire Official or his respective representatives.
(3)
No dial alarm devices shall be permitted unless of a type approved by the Chief of Police and/or the Fire Official in accordance with the rules promulgated under Subsection D of this section. Any such equipment must have the approval of the New Jersey Bell Telephone Company or its successor.
(4)
All dial alarms shall be coded to dial to a special
separate number, which number can be obtained from the Chief of Police,
and no dial alarm shall be coded to dial the number of the general
police switchboard of the Borough of Bergenfield.
(5)
Any dial alarm device shall be coded, as well, to
notify a relative, neighbor or other third party who will be disclosed
in the registration of said equipment as required by this article.
(6)
All dial alarm devices shall be capable of disconnection
to enable the owner to call the police switchboard to indicate that
a false alarm has occurred. This Subsection is stated for burglar
alarms only and not to apply to any fire alarm system.
(7)
Owners of dial alarm devices shall be governed by the false alarm procedures and penalties set forth in Subsection A(2) of this section.
(8)
Any person having a dial alarm device which dials
the general police number, upon discovery thereof, shall receive notice
in writing from the Chief of Police requiring the owner to comply
with the terms of this article, and, if the owner fails to do so within
30 days of the receipt of said notice, he shall be liable to pay to
the Borough of Bergenfield a penalty of $50.
(9)
The contents of any recorded message from a dial alarm
device must be intelligible and in a format approved by the Chief
of Police; no such message shall be transmitted more than three times
as a result of a single stimulus of the mechanism; messages shall
not exceed 15 seconds, and the time gap between delivery shall be
approximately 10 seconds.
C.
Local alarms. Local alarms shall be registered in accordance with § 83-4 of this article. All non-fire local alarms shall be equipped with a fifteen-minute reset device. In the event of a malfunction of the equipment and no person can be located to secure the device, then the owner shall be liable to pay a penalty of $25. Notwithstanding the aforesaid, in the event that police have to respond to a false alarm, the false alarm penalty prescribed in Subsection A(2) of this section shall also apply.
D.
Rule-making authority. The Mayor and Council may from
time to time promulgate rules and regulations supplementing this article
in order to provide for recordkeeping and efficient management of
said system.
E.
Violations and penalties. Any person, firm or corporation
found guilty in the Municipal Court of the Borough of Bergenfield
for violation of the terms of this section shall be subject to a fine
of not more than $500 or imprisonment for a period not exceeding 90
days, or both.
[Adopted 8-18-1998 by Ord. No. 2227]
The Bergenfield Mayor and Council has adopted
the following minimum standards for all rapid-entry devices required
by this article. Rapid-entry devices that do not meet these criteria
will be considered not compliant and will not be considered as meeting
the terms of this article.
A.
Rapid-access lock and key minimum criteria.
(1)
Locks must have to ability to be master keyed to the
lock code utilized by the Bergenfield Fire Department.
(2)
Lock cylinders must have listing in accordance with
UL 437, Safety Key Locks.
(3)
System keys must withstand a minimum of 50 in/lbs.
of torque when fully inserted.
(4)
System key shall be cut using a bi-axial pattern similar
to a Medeco Level 3 or better.
(5)
Vendor must be able to provide official proof of UL
listing.
(6)
System keys must be able to be secured in electronic
retention device controlled from dispatch.
B.
Rapid-access key vault minimum criteria.
(1)
Key vaults must be listed in accordance with UL 1037,
Anti-Theft Devices.
(2)
Key vaults must have a minimum door and wall thickness
of one-fourth-inch plate steel.
(3)
Key vaults must have weatherproof gasket seal of Neoprene
or better around all openings.
(4)
Key vaults must have stainless steel dust cap or cover-over
lock cylinder.
(5)
Elevator
lobby key boxes utilizing the Bergenfield Fire Department key code
specified herein shall be acceptable for interior building installations,
provided that they comply with all other provisions of this article.
[Added 7-5-2011 by Ord. No. 11-2442]
The Bergenfield Fire Department realizes the
need for exceptional security and control over the access to the system
master keys. To provide the maximum level of protection available,
all system keys will be contained in a locked retention system that
will only release the key upon an encoded signal via radio from the
Bergenfield Police Communications Center. Any vendor of Fire Department
rapid-access systems must be able to provide an electronic key retention
system with the following minimum criteria for system key retention
systems:
A.
Decoder units must be capable of being selectively
addressed from a remote dispatch center.
B.
Decoder units must be capable of generating an audit
report use and activation.
C.
Dispatch center encoder must transmit all signals
in a coded format not easily duplicated.
D.
Encoder unit must be capable of generating printed
audit reports.
E.
Decoder units must provide visual indication of "Release"
and "Error" conditions.
The following premises and/or conditions require
the installation of an approved rapid-access device according to the
terms and conditions of this article:
A.
All new construction of any building other than one-
and two-family residential and those exempted herein.
B.
Any sale or transfer of title/ownership of a commercial
building or multifamily dwelling that has a common hallway or vestibule
providing access to private dwelling units. Cost and compliance shall
be the selling parties' responsibility.
C.
Any commercial or multifamily dwelling, as specified in Subsection B above, applying for construction permit for any of the following: storefront renovation, entrance replacements, foyer addition, brick, stucco, or other facing.
D.
Any commercial building increasing existing gross
square footage by 20% or more.
E.
Any new existing building, other than one- or two-family
residential, where the owner/occupant desires to install any of the
following devices: roll-down security gates, iron curtains, window
bars (other than on basement windows) or any other devices that reduce,
hamper, or obstruct visibility or access into a building.[1]
F.
Any new or existing parking garage, storage facility,
business, or other areas that are enclosed or protected by either
manual or electric roll-down gates, regardless of actual or intended
usage.
G.
Any new or existing premises that are surrounded by
or where the main entrance to a building is behind any type of fence
or retaining wall that prevents either pedestrian access without opening
or breaching a gate or door. The required device shall shall be mounted
in a position on the outside of the enclosing device.
H.
Any new or existing private or public educational
facility housing more than 50 students at any time.
I.
Any new or existing hotels, motels, bed-and-breakfast
facilities, or other premises classified UCC-R-1.
J.
Any new or existing buildings, regardless of use,
that classifies as a high-rise under current regulations.
K.
Any new or existing buildings protected by a confined
area chemical suppression system where occupants may require rapid
life safety evacuation.
L.
Any building or premises with four or more false alarms
in a twelve-month period. Time for compliance begins after written
notice of the fourth false alarm.
M.
Any other buildings or premises, not covered under
this article, that, in the opinion of the Fire Official or Fire Chief,
present a unique condition that requires rapid access for the safety
of fire fighters and the public shall be required to install a suitable
rapid-access device according to the regulations set forth herewith.
N.
Any business or property owner aggrieved by a requirement based on Subsection M above may request a hearing before the Mayor and Council.
[Amended 7-5-2011 by Ord. No. 11-2442]
O.
Any premises, equipped with a fire alarm/suppression
system, that due to its activation or actual fire results in the Fire
Department's response and subsequent forced entry shall be required
to install a suitable rapid-access device, regardless of previous
history or usage.
P.
Any new or existing building containing an elevator
intended for human transport with the exception of freight and open-shaft
chairlifts.
In any building with a rapid-access device,
either mandated or voluntary, the owner or occupant shall provide
at least the following items:
A.
Main entrance door keys or access device.
B.
Keys to any utility rooms or areas containing any
of the following controls or shutoffs: gas, electric, water, fire
alarm, fire sprinkler, or elevator controls.
C.
Any common area halls, laundry facilities, storage
areas and roof access doors/scuttles.
D.
In a subdivided building, keys to access the individual
areas occupied by various tenants.
E.
Any keys or combinations to locks securing any fire
alarm or fire suppression controls.
F.
Elevator
keys, including, but not limited to, machine rooms, hoist way access
doors, elevator car door drop keys, fire service keys for each individual
car in the building, and any other interior doors or locks which prevent
access to this equipment. Keys installed in an elevator lobby key
box shall be identified by color-coded key rings or tags as follows:
red: fire service key(s); green: elevator machine room(s); white:
other required keys.
[Added 7-5-2011 by Ord. No. 11-2442]
A.
The Bergenfield Fire Prevention Bureau shall designate
a suitable mounting location.
B.
The installation costs shall be the sole responsibility
of the purchaser.
C.
It shall be the building owner's/occupant's responsibility
to install the device in accordance with the manufacturer instructions
and specifications.
D.
Buildings which, due to either size or design, have
multiple public entrances shall install the key vault at the entrance
specified by the Bergenfield Fire Department and shall place an approved
reflective sticker on all remaining exterior doors indicating that
the premises is equipped with a rapid-access device. Supplementary
labels or durable or laminated signs shall be provided with the approved
reflective marking sticker indicating the locations of the key box.
[Amended 7-5-2011 by Ord. No. 11-2442]
E.
Elevator
lobby key boxes shall be installed in the elevator lobby on the ground
level or designated recall level for all elevators regulated under
this article. Elevator lobby key boxes shall be located within 10
feet of the elevator car doorway and mounted between five feet and
six feet above the floor surface. Elevator lobby key boxes may not
be located in any rooms or closets within or adjacent to the elevator
lobby. Elevator lobby key boxes shall be of a contrasting color to
wall finish.
[Added 7-5-2011 by Ord. No. 11-2442]
F.
Key boxes
shall not be obstructed or concealed from view by shrubs, plantings,
signs, wall panels, or any other encumbrance. Key boxes shall be readily
visible to firefighters and must be accessible without having to remove
any obstacle or encumbrance.
[Added 7-5-2011 by Ord. No. 11-2442]
All existing buildings required by this article
shall be in compliance with same within 60 days of being notified
by the Fire Prevention Bureau in writing. Buildings under new construction
shall be in compliance prior to the issuance of a fire safety certificate.
Any building under renovation shall be in compliance prior to any
required fire subcode inspection. In buildings under renovation where
no fire subcode permits have been issued, compliance shall be prior
to the final building inspection.
In all buildings where a rapid-access device is installed, the owner/occupant shall be required to participate and supply keys or other access devices as required in § 83-11. The owner/occupant is required to notify and provide any new or additional keys anytime locks on a premises are changed. Penalties may be assessed in the event box contents are not kept current.
Upon successful passage and adoption of this
article, the Bergenfield Fire Department will return all keys currently
in its possession, via certified mail, to the respective property
owners. All keys will be accompanied by a letter stating why the keys
are being returned and informing the owners of the rapid-access program.
If the Bergenfield Fire Department is in possession of keys to a premises
that is required by this article to install a rapid-access device,
the owner will be served such notice at the time the keys are returned.
After all existing keys have been returned, the Bergenfield Fire Department
will not accept any keys to any buildings or premises. If an owner
is desirous of the Fire Department having keys for access, then it
will be provided information on the rapid-access program.
The provisions of this article shall be enforced
by the Bergenfield Fire Department, Fire Prevention Bureau. The Fire
Prevention Bureau will be responsible for serving all notices of violations
pursuant to this article as well as collecting any assessed penalties.
Any building owner not in compliance with an installation requirement of this article within 60 days of being notified of the requirements for installation shall be fined an amount of not less than $250 and not to exceed $1,000. An owner/occupant who does not inform the Fire Department of a new lock installation or key change may be subject to a penalty of not less than $50 and not more than $250 per occurrence. These penalties may be reassessed for each day the violation continues. These penalties pertain to the requirements of this article only and do not preclude any additional penalties issued under N.J.A.C. 5:18-1 et seq. or Article I, Enforcement, of Chapter 136, Construction Codes, Uniform, of the Code of the Borough of Bergenfield. Any penalties assessed shall be paid within 30 days of issue. Unpaid penalties shall be turned over to the Bergenfield Court pursuant to the penalty collection statutes.
