[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park 4-21-1986 by Ord. No. 517; amended
in its entirey 6-15-2016 by Ord.
No. 1101-16. Subsequent amendments noted where applicable.]
A.
The Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) 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 Uniform Fire Safety Act ("the Act") authorized municipalities
to provide for local enforcement and to establish Local Enforcement
Agencies (LEAs) to accomplish that purpose.
C.
The Township Committee hereby determines it is in the best interest
of the Township to have the Uniform Fire Safety Act enforced locally.
The local enforcing agency shall be the Bureau of Fire Code
Enforcement.
The local enforcing agency shall enforce the Uniform Fire Safety
Act,[1] and the codes and regulations adopted under it in all
buildings, structures, premises and places within the established
boundaries of Rochelle Park, other than owner occupied one- and two-family
dwellings, and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the Uniform Fire Code.
[1]
Editor's Note: See N.J.S.A. 52:27D-202.
The local enforcing agency established by § 102-2 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.
The Bureau of Fire Code Enforcement established pursuant to § 102-2 shall be a part of the Rochelle Park Fire Department and be under the direct supervision and control of the Bureau Chief who shall report to Township Administrator.
A.
Appointment of the Bureau Chief. The Bureau Chief shall be appointed
by the Township Committee of Township of Rochelle Park. 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 Township Committee of Rochelle Park, from a recommendation
provided in writing by the Fire Official to the Bureau Chief and Township
Committee. A Supervisor shall also be certified by the State of New
Jersey.
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. Terms of office for supervisors and inspectors shall
be for a period of one year, effective January 1 to December 31 annually.
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. The Bureau Chief may be removed, with or without
cause, by the Township Committee.
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 Township of Rochelle Park. Property identification shall
consist of a department-issued badge and Township-issued photo ID.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety 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.
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
|
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 annual inspections and fees shall
be required. To provide a fire inspection service for all places described
herein located within the Township of Rochelle Park, not classified
as life hazard use the following inspection fees are required (all
calculations of gross area shall be rounded to the nearest square
foot).
Type
|
Fee
|
---|---|
RP-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
|
RP-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
|
RP-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
|
RP-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
|
RP-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
|
RP-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
|
RP-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
|
RP-8. Any person, firm, corporation, building owner, business
owner, occupant, tenant, vendor or any other business use 18,000 square
feet and above in gross area.
|
$300
|
B.
Occupied residential homes, apartment buildings and condo complex
structures.
[Amended 3-28-2018 by Ord. No. 1124-18]
Type
|
Fee
|
---|---|
RP-9. Up to 2 units
|
$70 per year
|
RP-10. 3 to 5 units
|
$100 per year
|
RP-11. 6 to 10 units
|
$120 per year
|
RP-12. 11 to 20 units
|
$175 per year
|
RP-13. Any nonowner occupied home and garden apartment comprised
of 21 to 39 units
|
$200 per year
|
RP-14. 40 or more units
|
$300 per year
|
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 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. Failure to obtain a smoke detector,
carbon monoxide alarm and fire extinguisher compliance certification
will be punishable by a penalty of not less than $200 and not more
than $1,000. Additionally, occupants found to be residing in a residential
dwelling without a certificate of compliance may be forced to vacate
such dwelling until such time a certificate is issued.
(1)
Garden apartments.
Applications received prior to five calendar days before change
of occupancy
|
$50
|
Applications received with four days or less notice
|
$125
|
(2)
All other residential occupancies.
Applications received prior to five calendar days before change
of occupancy
|
$75
|
Applications received with four days or less notice
|
$125
|
D.
All municipal, Board of Education, religious buildings, structures
and premises shall be exempt from inspection fees. This does not exempt
the above-named from filing any required inspection forms or exempt
any of the above-named from fire safety inspections and the obligation
to comply with by law all fire code violations by this Bureau.
E.
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
| |
---|---|---|
RP-9. Up to 2 units
|
$140
| |
RP-10. 3 to 5 units
|
$200
| |
RP-11. 6 to 10 units
|
$240
| |
RP-12. 11 to 20 units
|
$350
| |
RP-13. 21 to 39 units
|
$400
| |
RP-14. 40 or more units
|
$600
|
Section F-311.0 of the BOCA Basic/National Fire Prevention Code,
1984, shall be enforced by the Bureau of Fire Code Enforcement and
the Police Department of the Township of Rochelle Park and the complaints
for the violation may be filed by any inspector of the Fire Prevention
Bureau or the Police Department or the owner or occupant of the premises
by which the fire lane in question is located or any other person.
Penalties of Section F-322-0 Fire Lanes, of the BOCA Basic National
Fire Prevention Code, 1984, shall not be less than a fine of $110
plus court cots for a first offense and $110 for each and every subsequent
violation. Any person, firm or corporation failing to respond to a
locally required registration form shall, for each offense, upon conviction
thereof, pay a fine not less than $200 and not more than $1,000 or
be imprisoned for a term not exceeding 90 days, or both, in the discretion
of the judge before whom such conviction shall be obtained.
A.
Systems out of service. Where a required fire protection system is
out of service, the Fire Department and the Fire Code Official shall
be notified immediately, and if there the Fire Code Office and Chief
of the Fire Department determine 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, agreement
to provide a fire watch may be entered into between a representative
of the property owner and the fire chief or fire code official in
those circumstances where such fire watch is desired.
B.
Fire services. Members of the Fire Department may be available for
service as fire watch personnel only at such time as will not interfere
with the efficient performance of emergency duty for the Township,
with the approval of the Fire Chief and Fire Official. The application
for such services shall be made known to the Fire Chief and the Chief
Financial Officer, either in writing or verbally. The application
for fire watch by the reasonable building representative, as required
by the Fire Official, shall set forth pertinent information concerning
the location of the fire watch, the number of service personnel, and
estimate the duration of such services. The application for such services
probability that such outside employment will interfere with a members
performance or compromise a member's position with the Township through
a conflict of interest or if there is any reasonable probability that
the particular service requested would reflect unfavorably upon the
firefighter or the Fire Department.
C.
Payment.
(1)
Upon receipt of an application for such services and approval of
same by the Fire Chief, Chief Financial Officer and Fire Official,
the building representative shall execute an agreement to perform
fire watch coverage in the form provided by the Fire Official, which
shall provide, inter alia, for the building representative to pay
to the Treasurer of the Township 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 Township Committee as compensation for such
services.
(2)
The rate of compensation to the Township shall be determined based
upon the fixed amount of pay, with an additional 20% surcharges of
the total amount billed to cover administration, insurance, equipment
and other related costs: ($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 Township 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 Township Treasurer as prescribed
by state requirements.
(2)
The Township Treasurer then shall present a monthly accounting report
to the Township Committee.
Fire report fees, per copy are as follows:
Type
|
Fee
(per copy)
|
---|---|
Copy(s) of fire investigation reports
|
$25
|
Photos provided on CD
|
$25
|
Copy(s) of NFIRS reports (National Fire Incident Report)
|
$10
|
All other document(s) (per copy)
|
$1.50
|
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 township of Rochelle Park may be accomplished with
one system. The key box shall contain keys to gain necessary access
as required by the Fire Department.
B.
Installation. 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 Township, so that access to the designated
key boxes may be accomplished by the utilization of one uniform key
system.