[HISTORY: Adopted by the City Council of
the City of East Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-11-1972 by Ord. No. 34-1972]
[Added 7-15-1985 by Ord. No. 17-1985[1]]
A.
Local enforcement. Pursuant to N.J.S.A. 52:27D-202
of the Uniform Fire Safety Act (P.L. 1983, c. 383), the New Jersey
Uniform Fire Code, N.J.A.C. 5:70-1 et seq., shall be locally enforced
in the City of East Orange.
[Amended 2-23-2015 by Ord. No. 7-2015]
B.
Agency designation. The local enforcing agency shall
be the Bureau of Fire Prevention in the Department of Fire of the
City of East Orange.
C.
Duties. The Bureau of Fire Prevention shall enforce
the Uniform Fire Safety Act[2] and the codes and regulations adopted under it in all
buildings, structures and premises within the established boundaries
of the City of East Orange other than owner-occupied one- and two-family
dwellings and shall faithfully comply with the requirements of the
Uniform Fire Safety Act and the New Jersey Uniform Fire Code.
[2]
Editor's Note: See N.J.S.A. 52:27D-192 et
seq.
D.
Life-hazard uses. The Bureau of Fire Prevention shall
carry out the periodic inspections of life-hazard uses as required
by the New Jersey Uniform Fire Code on behalf of the Commissioner
of Community Affairs.
E.
Organization. The Bureau of Fire Prevention shall
be part of the Department of Fire and shall be under the direct supervision
and control of the Deputy Chief/Fire Prevention Officer, who shall
be responsible to the Chief of the Department.
F.
Appointments; term of office; removal.
(2)
Term of office. The Fire Official shall serve a term
of office pursuant to Title 11A, Civil Service, N.J.S.A. 11A:1-1 et
seq.
[Amended 2-23-2015 by Ord. No. 7-2015]
(3)
Inspectors and employees. Such inspectors and employees
as may be necessary in the local enforcing agency shall be appointed
by the Board of Fire Commissioners pursuant to law, upon the recommendation
of the Chief of the Fire Department and the Fire Official.
(4)
Removal from office. Inspectors and other employees
of the local enforcing agency shall be subject to removal for inefficiency
or misconduct, pursuant to law, by the Board of Fire Commissioners
with advice of the Chief of Department and the Fire Official.
G.
Board of Appeals. Pursuant to Sections 15 and 17 of
the Uniform Fire Safety Act (N.J.S.A. 52:27D-206 and 52:27D-208),
any person aggrieved by any order of the local enforcing agency shall
have the right to appeal to the Construction Board of Appeals of the
City of East Orange.
H.
Additional required inspections and fees.
[Amended 7-20-1987 by Ord. No. 20-1987; 4-10-2000 by Ord. No. 8-2000; 6-20-2011 by Ord. No.
14-2011; 11-28-2011 by Ord. No. 34-2011]
(1)
In addition to the inspection and fees required pursuant to the Act,
the regulations of the Department of Community Affairs and the registrations
required by the Uniform Fire Code, all owners, grantees, lessees,
assignees and successors in interest (hereinafter collectively referred
to as "users") of buildings, structures and/or facilities which have
non-life-hazard uses must register with the Fire Prevention Bureau.
The Fire Prevention Bureau shall make annual inspections of non-life-hazard
uses. The annual inspection fees shall be as follows:
|
Use Group
|
Annual Fee
| |
|---|---|---|
|
Business
| ||
|
B-1, under 2,500 square feet
|
$40
| |
|
B-2, 2,500 to 4,999 square feet
|
$50
| |
|
B-3, 5,000 to 9,999 square feet
|
$75
| |
|
B-4, 10,000 and over square feet
|
$125
| |
|
Factory
| ||
|
F-1, under 5,000 square feet
|
$100
| |
|
F-2, 5,000 to 11,999 square feet
|
$125
| |
|
Mercantile
| ||
|
M-1, under 6,000 square feet
|
$50
| |
|
M-2, 6,000 to 11,999 square feet
|
$75
| |
|
Storage
| ||
|
S-1, under 2,500 square feet
|
$50
| |
|
S-2, 2,500 to 11,999 square feet
|
$75
| |
|
Residential
| ||
|
R-A, non-owner-occupied 1 and 2 units
|
$50*
| |
|
R-B, 3 to 6 units
|
$50
| |
|
R-C, 7 to 12 units
|
$75
| |
|
R-D, 13 to 20 units
|
$200
| |
|
R-E, over 20 units
|
$375
| |
|
Utilities
| ||
|
U-1, under 2,500 square feet
|
$50
| |
|
U-2, 2,500 and over square feet
|
$75
| |
|
Reinspection fees
| ||
|
First reinspection
|
Free
| |
|
Second reinspection
|
Equal to original fee
| |
|
Third and subsequent reinspections
|
Equal to original fee
| |
|
NOTES:
| |
|---|---|
|
*
|
R-A shall be inspected and charged a fee only upon sale or change
of tenant.
|
(2)
Uses not classified above that are subject to the Uniform Fire Code
will be classified as a business use.
(3)
Users required to register with the state for life-hazard uses shall
not be required to register under this section.
I.
Permits. The permit fees established by the Uniform
Fire Code [N.J.A.C. 5:70-2.9(c) et seq.] shall be as follows:
[Amended 6-20-2011 by Ord. No. 14-2011; 10-9-2012 by Ord. No. 26-2012]
|
Permit
|
Fee
|
|---|---|
|
Type 1, Cooking, welding
The use of any open-flame or flame-producing device in connection
with the training of non-fire-service personnel in fire suppression
or extinguishment procedures; bonfires; the use of torch or flame-producing
device to remove paint from, or seal membrane roofs on, any building
or structure; cooking; welding.
|
$100
|
|
Type 2, Flammable liquids
Use and application of flammable liquids or materials; fumigation
or thermal insecticide fogging; displaying liquid- or gas-fuel powered
equipment.
|
$200
|
|
Type 3, Ovens, furnaces
Industrial processing ovens or furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400° F.
which are heated with oil or gas fuel or which contain flammable vapors
from the product being processed.
|
$350
|
[1]
Editor's Note: This ordinance also repealed
former § 146-1, Adoption of standards by reference, as amended.
[Amended 11-10-1980 by Ord. No. 15-1980]
Said fire prevention standards are hereby amended
and supplemented by adding the following Appendix thereto:
|
APPENDIX A
| |
|
App. A:1. Fire Hazards Generally.
| |
|
No person shall, upon any property of which
he is the owner, occupant, lessee or of which he is in charge or for
which he is responsible, cause or suffer the creation, maintenance
or continuance of any condition whatever so constituted or located
as to result in a fire hazard.
| |
|
App. A:2. Authority of Fire Chief to Promulgate
Regulations Relative to Fire Hazards.
| |
|
The Chief of the Fire Department shall promulgate
regulations from time to time, defining fire hazards and setting forth
methods and procedures for the safeguarding to a reasonable degree
of life and property from the hazards of fire and explosion arising
from the storage, handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in
the use or occupancy of buildings or premises. Such regulations shall
be consistent with the standards set forth in this code. Such regulations,
in writing, shall be approved by the Board of Fire Commissioners.
A copy of same shall be filed with the Mayor, City Council, City Clerk,
Health Officer, Public Officer and Director of Public Works at least
20 days before such regulations shall become effective. Such regulations
shall have the same force and effect as the provisions of this article,
and violations thereof shall be enforced as violations of the express
provisions of this article.
| |
|
App. A:3. Obstructing Fire Hydrants.
| |
|
No person owning or occupying any premises in
front of which a fire hydrant is located shall place or plant any
hedge or other shrubbery so near any such hydrant as to interfere
with ready access to the same for water supply.
| |
|
App. A:3-1. No person shall place
any material or thing or throw or deposit snow or ice on or against
any hydrant or so near it as to interfere with ready access to the
same for water supply.
| |
|
App. A:4. Inspection of Buildings: Authority
of Fire Chief.
| |
|
It shall be the duty of the Chief of the Fire
Department to inspect or to cause to be inspected by members of the
Fire Department as often as he may deem necessary, but not less than
twice a year, all public buildings as the same are defined in the
Building Code of the City and all buildings used in whole or in part
for business, industrial or commercial purposes and, as often as he
may deem necessary, all other buildings and properties whatever to
which lawful entry may be had, for the purpose of ascertaining, disclosing
and causing to be corrected conditions likely to cause fire hazards
and violations of any of the provisions of this code or other ordinances
of the City or laws of the state having to do with the prevention
of and protection against fire.
| |
|
App. A:5. Inspection of Buildings: Notice
to Owner or Occupant to Abate Fire Hazards.
| |
|
Whenever any member of the Fire Department authorized
to make inspections shall find in any building or upon any property
or premises any fire hazard, the Chief of the Fire Department shall
notify the owner, lessee, occupant or persons in charge to have the
same removed or remedied within 48 hours.
| |
|
App. A:6. Inspection of Buildings: Manner
of Giving Notice to Abate.
| |
|
Unless emergency conditions shall require immediate oral directions, such notices shall be in writing and served in the manner set forth in Chapter 159, Housing Standards; Property Maintenance, § 159-27. If thereafter within the space of one year there shall be a second violation by the same owner, operation or occupant of the provisions of this code discovered on the same premises, the offender may be prosecuted for the second violation without the Chief of the Fire Department giving notice to the owner, operator or occupant by the filing of a complaint by the Chief of the Fire Department in the Municipal Court.
| |
|
App. A:7. Approval of Fire Prevention
Measures.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978] | |
|
The owner, his architect, engineer or agent
shall submit plans and specifications for any work required by these
regulations to the Fire Protection Subcode Official for his approval
before any work is commenced, and the work shall be inspected and
approved by the Fire Protection Subcode Official.
| |
|
App. A:8. Vertical shafts.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978] | |
|
All vertical shafts in all existing buildings,
including but not limited to dumbwaiters, garbage chutes and incinerator
chutes, but not including stair towers and elevator shafts, shall
either:
| |
|
a)
|
Be sprinklered at top of shaft and one floor
above lowest level; or
|
|
b)
|
Have permanently sealed every opening into the
shaft with masonry, including all doors, the top of the shaft and
all openings in the basement.
|
|
App. A:9. Attic Space.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978] | |
|
In every existing building with a space between
the top floor ceiling and the roof beams, this attic space shall be
divided into areas not greater than 3,000 square feet by partitions
with not less than a one-hour fire rating.
| |
|
App. A:10. Smoke Detectors.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978; 3-28-1983 by Ord. No. 15-1983] | |
|
Every residential dwelling unit shall be provided
with an operating automatic smoke-detecting equipment with an audible
alarm approved by Underwriters' Laboratories or Factory Mutual System.
The smoke-detecting equipment shall be located in accordance with
the applicable section of NFPA No. 74, Standard for the Installation,
Maintenance and Use of House Fire Warning Systems, and BOCA Basic
Building Code, Section 1716.
| |
|
App. A:11. Storage Rooms.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978] | |
|
All wood storage bins shall be removed in basement
and cellar areas of multifamily dwellings. Where storage areas are
deemed necessary, they shall be in one-hour fire-rated compartments
equipped with self-closing, self-locking door, operated by a key under
management control.
| |
|
App. A:12. Building Security.
[Added 3-14-1977 by Ord. No. 16-1977; amended 12-27-1978 by Ord. No. 50-1978] | |
|
In all buildings, except one- and two-family
dwellings, every exterior doorway shall be self-closing and self-locking.
| |
|
App. A:13. Portable Liquid Fuel Heaters,
Stoves and Lamps.
[Added 2-28-1983 by Ord. No. 11-1983] | |
|
a)
|
It shall be unlawful to use any portable appliances
using kerosene, gasoline, oil or other liquid fuels for heating, cooking
or illumination in any commercial building or structure or in any
building containing three or more residential dwelling units.
|
|
b)
|
It shall be unlawful to install, maintain and
use any fixed kerosene, gasoline, oil or other liquid-fuel-burning
stove or heater or appliance for cooking or heating purposes in any
commercial building or structure or in any building containing three
or more residential dwelling units.
|
|
App. A:14. Sprinkler Valve Supervision.
[Added 7-15-1985 by Ord. No. 17-1985] | |
|
All sprinkler valves shall have flow switches
and tamper devices installed and shall be supervised electrically
according to the BOCA Building Code in effect at the time of the inspection.
The requirement of this section shall apply to existing as well as
new buildings.
| |
|
App. A:15. Elevator Key Boxes.
[Added 7-15-1985 by Ord. No. 17-1985] | |
|
All buildings that have elevators shall have
a key box installed as approved by the Fire Official. The requirements
of this section shall apply to new as well as existing buildings.
| |
[Added 1-23-1984 by Ord. No. 3-1984]
A.
The Arson Investigation Unit shall be established
and designated the "Arson Investigation Unit" within the Fire Prevention
Bureau in the Fire Department of the City of East Orange.
[Amended 3-5-1984 by Ord. No. 8-1984]
B.
Before any member is assigned to the Arson Investigation
Unit, he shall have attended and successfully completed a basic training
course for police officers at a school approved by the Police Training
Commission and an arson investigation course approved by the Division
of Criminal Justice. All members shall attend and successfully complete
in-service training programs as required by the Division of Criminal
Justice.
C.
Any member who is assigned full-time to the Arson
Investigation Unit shall have the same powers and authority of police
officers within the municipality while engaged in the actual performance
of arson investigation duties. Such members shall submit to a psychiatric/psychological
screening test and, upon successful completion thereof, shall be authorized
to carry a firearm while engaged in the actual performance of arson
investigation duties.
D.
Arson Unit investigators shall carry out their duties
in accordance with rules, regulations and procedures as established
by the Board of Fire Commissioners and any special requirements made
by the Chief of Police, as may be required by law.
[Added 11-10-1986 by Ord. No. 46-1986]
Superintendents of all buildings with five or
more units, where the owner is not an occupant, shall be required
to perform inspections and to keep daily, monthly and yearly logs.
No superintendent shall be relieved from any such duty and responsibility
nor be entitled to defend against any charge of violation thereof
by reason of the fact that the owner is also responsible therefor
and in violation thereof.
A.
Daily inspection. Superintendents shall be responsible
for performing daily inspections of buildings they maintain as follows.
They shall:
(1)
Inspect hallways to see that all extinguishers are
in the proper place and hallways are free of storage, debris, rubbish
and that all vacant apartments are properly secured.
(2)
Inspect the cockloft area to see that it is properly
secured.
(3)
Inspect the roof door to see that it is in proper
order with self-locking hardware and capable of being opened from
the inside.
(4)
Inspect the roof area to see that it is free of debris
and mantraps.
(5)
Inspect the basement area for the following:
(a)
Fire-resistive ceiling is intact with no breaks,
tears, holes, etc.
(b)
Area is free of storage, debris and rubbish.
(c)
Adequate illumination is provided.
(d)
Boiler room is free from debris and furnished
with proper extinguishers.
(e)
Exterior windows are intact and free from breakage.
(f)
Utility meters are free from all obstructions
and well lit at all times.
(g)
Electric wiring is in proper order and free
from dangling or unsupported wiring and that cables are secure and
free from open junction boxes.
(6)
Inspect the garbage disposal area to see that it is
in proper order.
(7)
Inspect the exterior grounds to ensure that they are
free of rubbish and debris.
(8)
Inspect all exterior and exit doors to see that self-closing
and self-locking mechanisms are in proper working condition.
B.
Monthly inspections. Superintendents shall also be
responsible for performing monthly inspections of buildings they maintain
as follows:
(1)
They shall inspect and test hard-wired smoke alarm
systems and logs.
(2)
They shall check operation of fire escapes and ladders
to assure that they are counterbalanced and working properly.
(3)
All monthly inspections are to be logged in accordance
with forms provided by the Department of Property Maintenance.
(4)
Superintendents must check all buildings with standpipe
systems in the following manner:
(5)
Superintendents must check all buildings with sprinkler
systems in the following manner:
C.
Yearly inspections. Superintendents shall also be
responsible for performing yearly inspections of buildings they maintain
as follows:
(1)
They shall replace all batteries and test all smoke
detectors in individual apartments.
(2)
They shall check all fire-escape windows, including
those within individual apartments, to ensure proper opening.
(3)
They shall check to see that the fire-protection envelope
is intact without breaks in walls, ceilings, floors, doors or windows.
(4)
All yearly inspections are to be logged in accordance
with forms provided by the Department of Property Maintenance. These
inspections shall be accomplished by the superintendent between the
first and 15th day of October in each year.
E.
Penalties. Upon failure of a superintendent to perform the duties and responsibilities outlined in this section or to promptly notify the owner or Fire Prevention Bureau in accordance with Subsection D of this section, the superintendent and the owner or operator of the dwelling shall be liable for the penalties prescribed by each and all of the regulations, provisions, penalties, conditions and terms of the New Jersey Uniform Fire Code as adopted by the City of East Orange, Chapter 146, Article I.
[Added 1-24-2005 by Ord. No. 1-2005]
A.
Upon the approval of the Fire Official, fire lanes
shall be designated on public and private property devoted to public
use, including but not limited to shopping centers, churches, hospitals,
schools, apartment houses and similar uses.
B.
These fire lanes shall be established to ensure fire
equipment and other emergency vehicles unobstructed means of ingress
and egress to such properties and the buildings, persons and vehicles
thereon in case of fire or other emergency.
C.
The number, location, width, length and markings of
such areas shall be determined by the Fire Official of the City of
East Orange.
D.
Any person violating this section shall be subject
to impoundment of the vehicle and a fine not less than $74 and not
more than $2,000, 90 days' imprisonment and/or 90 days of community
service. Each day that such violation occurs shall be construed as
a separate offense.
[Amended 2-23-2015 by Ord. No. 7-2015]
E.
Licensed fire inspectors assigned to the East Orange
Fire Prevention Bureau and police officers employed by the City of
East Orange shall be authorized to issue summonses on and have offending
vehicles removed from these fire lanes, regardless of whether on public
or private property.
[Adopted 8-26-2019 by Ord. No. 28-2019]
All newly constructed structures, communities, or complexes
subject to this section shall have the key lock box installed and
operational prior to the issuance of an occupancy permit. All structures,
communities, or complexes in existence on the effective date of the
ordinance from which this section is derived and subject to this section
shall have one year from the effective date of the ordinance from
which this section is derived to have a key lock box installed and
operational.
All existing constructed structures, communities, or complexes
constructing improvements shall have the key lock box installed and
operational prior to the issuance of an occupancy permit. All structures,
communities, or complexes in existence on the effective date of the
ordinance from which this section is derived and subject to this section
shall have one year from the effective date of the ordinance from
which this section is derived to have a key lock box installed and
operational.
All existing commercial structures, communities, or complexes
equipped with automatic fire detection and/or suppression systems
shall have the key lock box installed and operational prior to the
issuance of an occupancy permit. All structures, communities, or complexes
in existence on the effective date of the ordinance from which this
section is derived and subject to this section shall have one year
from the effective date of the ordinance from which this section is
derived to have a key lock box installed and operational.
All multifamily residential structures that have restricted
access through locked doors and have a common corridor for access
to the living units shall have the key lock box installed and operational
prior to the issuance of an occupancy permit. All structures, communities,
or complexes in existence on the effective date of the ordinance from
which this section is derived and subject to this section shall have
one year from the effective date of the ordinance from which this
section is derived to have a key lock box installed and operational.
All Knox-Boxes® shall contain
labeled keys and any other items deemed necessary, easily identified
in the field, to provide access into the property and/or building
and to any locked areas within the said building as the City of East
Orange may direct.
Any person who owns or operates a structure, community, or complex
subject to this article shall be subject to the penalties set forth
in all sections of this Code for any violation of this article, provided
that the maximum fine for a conviction for a violation of this article
shall be $1,000.
As used in this article, the following terms shall have the
meanings indicated:
A secure rapid entry system that is designed to be used by
public safety personnel in the event of an emergency to gain entry
into a structure by using the enclosed owner-provided key(s) and any
other items deemed necessary. This box is usually mounted on the exterior
of the building in a location that is specified by the Fire Chief.
All boxes shall be certified and approved by the Fire Chief.
