Title
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XI FIRE PREVENTION CODE IN IT'S ENTIRETY, TO INCLUDE THE REVISED ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY 'S PERMIT, INSPECTIONS AND FEES.
Deferred 8-b 101514
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TITLE XI FIRE PREVENTION CODE
Chapter Listings:
Chapter 1. New Jersey Uniform Fire Safety Code Enforcing Agency, Amendments to Code
Chapter 2. Portable Kerosene Heaters
Chapter 3. Sale, Display and Discharge of Fireworks
CHAPTER 1 NEW JERSEY UNIFORM FIRE SAFETY CODE ENFORCING AGENCY, AMENDMENTS TO THE CODE
Editor's Note: This Title was previously adopted by Ordinance of 3-1-78 (R.O. 1966 C.S. 11A)
Whereas, the Uniform Fire Safety Act, P.L. 1983, c.383, was enacted for the purpose of establishing a system for the enforcement of minimum fire safety standards throughout the State of New Jersey; and
Whereas, the Uniform Fire Safety Act authorizes municipalities to provide for local enforcement and to establish local enforcement agencies for that purpose; and
Whereas, it is in the best interest of the City of Newark that the Uniform Fire Safety Act be enforced locally; and
Whereas, the Fire Department of the City of Newark has agreed to the plan, which is set forth herein, for the administration and enforcement of the Uniform Fire Safety Code. (Ord. 6 S+FD, 8-7-85 Preamble)
11:1-1. LOCAL ENFORCEMENT.
Pursuant to Section 11 of the Uniform Fire Safety Act, N.J.S. 52:27D-194, the New Jersey Uniform Fire Code shall be locally enforced in the City of Newark. (Ord. 6 S+FD, 8-7-85 § 11AA:1-1)
11:1-2. AGENCY DESIGNATION.
The local enforcing agency shall be the Division of Fire Prevention and Life Safety in the Fire Department of the City of Newark. (Ord. 6 S+FD, 8-7-85 § 11AA:1-2
11:1-3. DUTIES.
The local enforcing agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted pursuant thereto in buildings, structures and premises within the established boundaries of the City of Newark, and shall faithfully comply with the requirements of the Uniform Fire Safety Act and the Uniform Fire Code. (Ord. 6 S+FD, 8-7-85 § 11AA:1-3)
11:1-4. LIFE HAZARD USES.
The local enforcing agency shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Department of Community Affairs of the State of New Jersey. (Ord. 6 S+FD, 8-7-85 § 11AA:1-4)
11:1-5. ORGANIZATION.
The local enforcing agency shall be a part of the Fire Department of the City of Newark and shall be under the supervision and control of the Director and Chief of the Fire Department Fire Official of the City of Newark. (Ord. 6 S+FD, 8-7-85 § 11AA:1-5)
11:1-6. FIRE OFFICIAL; TERM OF OFFICE.
The local enforcing agency shall be under the direct supervision of a Fire Official who shall be the Officer in Charge of the Division of Fire Prevention and Life Safety in the Fire Department of the City of Newark. The Fire Official shall serve at the discretion of the Director of the Fire Department. The Fire Official serves at the pleasure of the Mayor of the City of Newark and shall only be separated for cause. (Ord. 6 S+FD, 8-7-85 § 11AA:1-6)
11:1-7. INSPECTORS AND EMPLOYEES.
Such inspectors and other employees as may be necessary for the local enforcing agency to properly fulfill its responsibility shall be assigned by the Director of the Fire Department upon the recommendation of the Chief Fire Official of the Fire Department. (Ord. 6 S+FD, 8-7-85 § 11AA:1-7)
11:1-8. BOARD OF APPEALS.
Pursuant to Sections 15 and Section 17 of the Uniform Fire Safety Act, any person aggrieved by any order of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals for the County of Essex. (Ord. 6 S+FD, 8-7-85 § 11AA:1-8)
11:1-9. PERMITS; INSPECTION FEES.
a. All permits expire one (1) year from date of issue, unless otherwise stated. Permits are nontransferable. Any change in use or occupancy shall require a new permit.
b. In addition to the inspection and fees required pursuant to the Uniform Fire Safety Act and the regulations of the Department of Community Affairs, the following permits and fees shall be required:
1. Bowling establishments $100.00 $170.00 (Including storage of combustibles on premises)
2. Calcium carbide
1 to 1,000 lbs 100.00 $100.00 over 1,000 lbs 300.00 $300.00
3. Combustible or flammable liquids, solvents, etc.
for storage and resale 100.00 $100.00
4. Drug and chemical establishments
(Including storage of combustibles on premises)
Drug stores (retail) 50.00 $ 75.00 Drug and chemical supply warehouse 400.00 $400.00 Drug and chemical manufacture 400.00 $400.00
5. Fats and oil (edible) up to 660 gals.
Storage and use 50.00 $ 75.00
6. Storage of Combustible Materials
Ordinary combustibles retail store, mercantile stores,
drug stores, storage facilities (warehouses) and etc. 25.00 $ 25.00
(a) Up to 2,500 sq. ft. $ 50.00
(b) 2,500 sq. ft. to 5,000 sq. ft. $100.00
(c) 5,001 to 10,000 sq. ft. $150.00
(d) 10,001 to 12,000 sq. ft. 100.00 $200.00
7. Parking stations and automobile sales site (open air)
(a) Capacity: 1 to 25 cars or trucks 50.00 $ 75.00
(b) Capacity: 25 to 100 cars or trucks $100.00 (c) Capacity: 101 to 200 cars or trucks $150.00
(d) Capacity: 201 to 225 cars or trucks $200.00
(e) Capacity: each additional 100 cars or trucks over 301
vehicles at rate of $300.00
Plus an additional $50.00 for each 100 cars or trucks or parts thereof.
8. Portable, flammable and combustible liquid tanks (drums)
up to 660 gallons 50.00 $ 50.00
9. Plastics (Vinyl chloride, polyurethane, acrylics, etc.)
Processing or manufacture or storage
Up to 5,000 lbs 100.00 $100.00
Over 5,000 lbs 300.00 $300.00
10. Mobile units utilizing liquefied petroleum gases in containers
(a) Mobile cooking Units
1. Up to 85 lbs 50.00 $ 75.00
2. 85 lbs to 180 lbs 100.00 $150.00
(b) Tar Kettles (per kettle)
1. Up to 180 pounds 50.00 $150.00
2. 180 up to 280 pounds 100.00 $340.00
3. Over 300 pounds $500.00
Mobile units not utilizing liquefied petroleum gases used for
cooking or heating of food and etc. $ 50.00
11. Storage or use of liquefied petroleum gases in containers
(a) 5 lbs. to 20 lbs 50.00 $ 50.00
(b) 20 lbs to 100 lbs $100.00
(c) 100 lbs to 200 lbs $150.00
(d) 200 lbs to 300 lbs $300.00
(e) over 300 lbs. $500.00
12. Storage of highly toxic materials
(a) up to 1 gallon or 4 liters of liquid $100.00
(b) up to1 lb. of solid (poisonous or toxic material) $100.00 (c) over 1 gallon or 4 liters up to 10 gallons or 40 liters of liquid $300.00
(d) over 1 lb. up to 10 lb. of solid (poisonous or toxic material) $300.00
(e) over 10 gallons or 40 liters of liquid $500.00
(f) over 10 lbs solid (poisonous or toxic material) $500.00
13. Storage of poisonous gases in any amount 100.00 $500.00
14. Duplicate copy of photographs 10.00 $ 10.00
15. Duplicate copy of fire report 10.00 $ 10.00
16. Written verification of fire (For tax purposes, etc.) 5.00 $ 5.00
17. Bonfires 50.00 $ 50.00
18. The use of a torch or flame producing device to remove paint
from a seal membrane roofs, on any building or structure 50.00 $ 50.00
19. Public assemblies with tents in any dimension larger than
5,000 sq. ft.
(a) Tent 5,000 sq. ft. to 10,000 sq. ft 50.00 $100.00
(b) Tents exceeding 10,000 sq. ft. in area $200.00
20. Individual portable kiosks or displays when erected in a covered
mall for a period of less than 90 days, using 25 percent or less of
the common area 50.00 $170.00
21. The use of any open flame or flame producing device, in connection
with any public gathering, for purposes of entertainment, amusement,
or recreation in places of public assembly. 50.00 $170.00
22. Welding or cutting operations except where the welding or cutting
is performed in areas approved for welding by the Fire Official and
is registered as Type B Life Hazard Use 100.00 $170.00
23. The possession or use of explosives or blasting agents, other than
model rocketry engines regulated under N.J.A.C. 12:194 300.00 $500.00
24. Helistops 100.00 $200.00
25. The occasional use in any buildings of a multipurpose room, with
a maximum permitted occupancy of 100 or more for amusement,
entertainment or mercantile type purposes 100.00 $100.00
26. Bowling lane resurfacing and bowling pin refinishing involving
the use and application of flammable liquids or materials 100.00 $170.00
27. Fumigation or Thermal insecticide fogging 100.00 $170.00
28. Membrane covered, cable and air supported structures covering
an area in excess 120 square feet erected for a period of less than
90 days 100.00 $100.00
29. Carnivals and circuses 250.00 $500.00
Street fair 150.00 $500.00
Street festival 100.00 $170.00
30. The use of a covered mall in any of the following manners:
(a) Placing constructing temporary kiosks, display booths,
concession equipment or the like in more than 25 percent
of the common area of the mall 100.00 $170.00
(b) Temporarily using the mall as a place of assembly 100.00 $170.00
(c) Using open flame or flame devices 100.00 $170.00
(d) Displaying liquid or gas fueled powered equipment 100.00 $170.00
(e) Using liquefied petroleum gas, liquefied natural gas, and
compressed flammable gas in containers exceeding
5 pound capacity 100.00 $170.00
31. Industrial processing oven or furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400
degrees Fahrenheit which are heated with oil or gas fuel or which
contain flammable vapors from the product being processed 200.00 $340.00
32. Wrecking yard or junk yard 200.00 $340.00
33. Storage or use at normal temperature and pressure of more than
2,000 cubic feet of flammable compressed gas or 6,000 cubic ft
of nonflammable compressed gas 300.00 $500.00
34. The production or sale of cryogenic liquids; the storage or use
of more than 10 gallons of liquid oxygen, flammable cryogenic
liquids or cryogenic oxidizers; or the storage of more than 500
gallons of non-flammable, nontoxic cryogenic liquids 300.00 $500.00
35. The storage, handling, and processing of flammable, combustible,
and unstable liquids in containers and portable tanks as required
by N.J.A.C. 5:18 5:70 sub-chapter 3 300.00 $500.00
36. To store or handle (except medicines, beverages, food-stuffs,
cosmetics, and other common consumer items, when packaged
according to commonly accepted practices)
(a) More than 55 gallons of corrosive liquids; 300.00 $500.00
(b) More than 500 pounds of oxidizing materials; 300.00 $500.00
(c) More than 10 pounds of organic peroxides 300.00 $500.00
(d) More than 500 pounds of nitromethane; 300.00 $500.00
(e) More than 1,000 pounds of ammonium nitrate; 300.00 $500.00
(f) More than one microcurie of radium not contained in
a sealed source; 300.00 $500.00
(g) More than one millicurie of radium or other radiation
material in a sealed source or sources 300.00 $500.00
(h) Any amount of radioactive material for which a specific
license from the Nuclear Regulatory Commission
is required 300.00 $500.00
(i) More than 10 pounds of flammable solids 300.00 $500.00
37. Any installation of liquefied petroleum gas or liquefied natural
gas utilizing storage containers of over 2,000 gallons individual
water capacity or with an aggregate water capacity exceeding
4,000 gallons 300.00 $500.00
38. The melting, casting, heat treating, machining or grinding of
more than 10 pounds of magnesium per working day 300.00 $500.00
39. Heliports 300.00 $500.00
40. Airports 1,000.00 $1,000.00
41. Fireworks 300.00 $500.00
The completed application shall be submitted (45 days prior to
the event or a late filing charge shall be assessed as follows:
(a) 31 to 44 days prior to the event $ 50.00
(b) 16 to 30 days prior to the event $100.00
(c) 10 to 15 days prior to the event $150.00
(d) Less than 10 days prior to the event $250.00
The following shall be submitted with the application for a
firework permit:
(1) Site plan
(2) A surety in the form of certified check or money order payable
to the Newark Fire Department in the sum of ($2,500.00)
conditioned for payment of all damages to persons or property
by reason of the display.
(3) Certification of insurance naming the City of Newark as
co-insured stating that the insured shall indemnify the
City of Newark and hold the City of Newark harmless
in the amount of one million ($1,000,000.00) dollars.
(4) A copy of the fireworks vendor's "Permit to Manufacture
Explosives" and/or "Permit to Use Explosives"
This paragraph b, 41. is not intended to replace the requirements of Section 11:3-4. In case of any inconsistencies the requirements of Section 11:3-4 are controlling.
42. Stand-By Fees:
For events that require stand-by apparatus or personnel from the Newark Fire Department (example: fireworks, helicopter operations, standpipe flow tests, carnivals, street festivals, parades, etc.), the following fees shall be applicable:
(a) Apparatus & crew $300.00 per hr/apparatus (Captain &4 Firefighters
(b) Fire Captain prevailing hourly rate per hour.
(c) Firefighter prevailing hourly rate per hour.
(d) Supervisor of Fire Prev. Spec. prevailing (1.5 times ) hourly rate per hour.
(e) Fire Prev. Specialist prevailing (1.5 times ) hourly rate per hour.
It shall be the responsibility of the Fire Official to determine when an event or operation requires Fire Department stand-by personnel and/or apparatus. Applicable fees will be determined prior to the approval of the Permit Application.
42. As per N.J.A.C. 5:18-2.18 5:70-2.7 upon request of the owner or bonafide purchaser of a building or structure, the Fire Department shall issue a certificate of fire code status either enumerating the violations indicated by its records, or stating that its records indicate that no violations remain unabated and no penalties or fees remain unpaid. A purchaser of a property not having obtained a certificate stating that there are no unabated violations of record and no unpaid fees or penalties shall be deemed to have notice of all violations of record and shall be liable for the payment of all unpaid fees or penalties. The fee for the certificate of fire code status shall be fifty ($50.00) dollars.
c. Any premise that is registered as a life hazard use, in accordance with subchapter 2 of the New Jersey Uniform Fire Code, shall not require storage type permits.
(Ord. 6 S+FD, 8-7-85; Ord. 6 S+FD, 12-14-88; Ord. 6 S+FF, 10-18-89; 11AA:1-9)
11:1-10. TECHNICAL AMENDMENTS TO THE NEW JERSEY UNIFORM FIRE CODE.
a. Sections F316.2.1, F-316.2.2 and F-316.2.3 of the New Jersey Uniform Fire Code are amended as follows:
F-316.2.1 Sales of Portable Kerosene Appliances: It shall be unlawful in the City of Newark for any person to offer for sale, expose for sale, sell, possess or use any portable gasoline, kerosene, or other portable gasoline, kerosene, or other portable appliances using liquid fuels for cooking or heating.
F-316.2.2 Sale of Fixed Kerosene Appliances: It shall be unlawful in the City of Newark to offer for sale, expose for sale, sell, possess or use any fixed kerosene or other liquid fuel burning stove or heater, or appliances, for cooking or heating purposes, unless one (1) such stove, heater or appliance has been listed by the Underwriters' Laboratories or is one of equal kind and structure approved by the Fire Director or his designee.
F-316.2.3 Containers for Kerosene: Containers for kerosene shall be either of a plastic or metal construction with fill and vent openings. The container shall be blue with white lettering. The word "kerosene" shall be displayed around the perimeter of the container.
b. Sections F-412.0, F-412.1 and F-412.2 are hereby added to the Fire Code as follows:
F-412.0 Residential Smoke Detectors.
F-412.1 General: All existing residential uses, as defined by the building code listed in Appendix A, shall be provided with a minimum of one approved smoke detector in the sleeping area, guest room or suite of a hotel, motel, lodging house, boarding house or residential dwelling unit. Each detector shall be installed in accordance with NFiPA 72E or NFiPA 74 listed in Appendix A. When actuated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual room or unit.
F-412.2 Tampering: Any tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. (Ord. 6 S+FD, 8-7-85)
CHAPTER 2 PORTABLE KEROSENE HEATERS
11:2-1. SALES OF PORTABLE KEROSENE APPLIANCES.
It shall be unlawful in the City of Newark for any person to offer for sale, expose for sale, sell, possess or use in any structure or building portable gasoline, kerosene, or other portable appliances using liquid fuels for cooking or heating. (Ord. 6 S+FI, 3-20-91; Ord. 6 S+FB, 6-5-91)
11:2-2. SALE OF FIXED KEROSENE APPLIANCES.
It shall be unlawful in the City of Newark to offer for sale, expose for sale, sell, possess or use any fixed kerosene or other liquid fuel burning stove or heater, or appliances, for cooking or heating purposes, unless such stove, heater or appliance has been listed by the Underwriters' Laboratories or is one of equal kind and structure approved by the Fire Director or his designee. (Ord. 6 S+FI, 3-20-91; Ord. 6 S+FB, 6-5-91)
11:2-3. PROHIBITED USE.
The use of portable kerosene or other fired heaters is prohibited in all residences, buildings and structures in the City of Newark. (Ord. 6 S+FI, 3-20-91; Ord. S+FB, 6-5-91)
11:2-4. CONTAINERS FOR KEROSENE.
Containers for kerosene shall be either of a plastic or metal construction with fill and vent openings. The container shall be blue with white lettering. The word "kerosene" shall be displayed around the perimeter of the container. (Ord. 6 S+FI, 3-20-91; Ord. S+FB, 6-5-91)
11:2-5. SEIZURE OF PORTABLE KEROSENE HEATERS.
The Fire Official shall seize, take, remove or cause to be removed at the expense of the owner all portable kerosene heaters offered or exposed for sale or display, stored or offered for sale or used in violation of the Uniform Fire Code and any ordinance amending the Fire Code. (Ord. 6 S+FI, 3-20-91; Ord. 6 S+FB, 6-5-91)
11:2-6. PENALTY.
Any person found to be in violation of this chapter shall be liable, upon conviction, to a penalty of not less than one hundred ($100.00) two hundred and fifty ($250.00) dollars but not more than one thousand ($1,000.00) five thousand ($5,000.000) dollars for each offense or to imprisonment for no more than sixty (60) days or a period of community service not to exceed sixty (60) days for each offense. (Ord. 6 S+FI, 3-20-91; Ord. 6 S+FB, 6-5-91)
CHAPTER 3 SALE, DISPLAY AND DISCHARGE OF FIREWORKS
11:3-1. DEFINITION.
Fireworks shall mean and include any combustible or explosive composition, or any substances, or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, sparklers or other devices of like construction and any device containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of .25 grain (16.2 mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. (Ord. 6 S+FX, 5-3-88 § 11AA:2-1)
11:3-2. SALE, POSSESSION OR USE PROHIBITED; EXCEPTION.
The sale, possession or use of fireworks shall be prohibited in the City of Newark in accordance with N.J.S. 21:3-2 except as provided herein by this chapter. (Ord. 6 S+FX, 5-3-88 § 11AA:2-2)
11:3-3. PERMIT REQUIRED; FEE.
A resolution authorizing a permit shall be obtained from the Municipal Council prior to the sale, display or discharge of any fireworks within the City of Newark. The fee for such permit shall be three hundred ($300.00) five hundred ($500.00) dollars. (Ord. 6 S+FX, 5-3-88 § 11AA:2-3)
11:3-4. PERMIT APPLICATION REQUIREMENTS.
a. An application for a permit may be obtained from the Chief Fire Official of the Fire Department and must be submitted to the Fire Official at least forty-five (45) days in advance of the date of the display or discharge of fireworks.
b. All such applications for permits shall set forth the following.
1. The date, time and place of making such display or discharge;
2. The name, address, telephone number, I.D. or social security number of any person, making the display and/or in charge of igniting, firing, setting-off, exploding or causing to be exploded such fireworks;
3. The experience of any person making the display and/or in charge of igniting, firing, setting-off, exploding or causing to be exploded such fireworks, including references;
4. Whether any person making the display and/or in charge of igniting, firing, setting-off, exploding or causing to be exploded such fireworks, has ever been convicted of a crime, indicating the date and type of conviction; and
5. A list of the fireworks to be displayed or discharged, and where same are to be stored prior to the display or discharge.
c. The following shall be submitted with the application for the fireworks permit:
1. A site plan of the display area with a plan of discharge which shows the set-up, discharge, disposal of unfired fireworks and emergency plan;
2. The permit fee of three hundred ($300.00) five hundred ($500.00) dollars payable to the City of Newark;
3. A surety in the form of a bond or certified check payable to the City of Newark in the sum of two thousand five hundred ($2,500.00) dollars, conditioned for the payment of all damages to persons or property by reason of the display and arising from any acts of the permittee, his agents, employees or subcontractors; and
4. A certified true copy of the policy of insurance with an endorsement naming the City of Newark as a co-insured stating that the insured shall indemnify the City of Newark and hold the City of Newark harmless. The policy must be in an amount not less than five hundred thousand ($500,00.00) dollars for each injury or claim and one million ($1,000,000.00) dollars per occurrence. No aggregate policy of insurance, nor a policy of insurance containing a deductible attributable to the City of Newark will be accepted.
(Ord. 6 S+FX, 5-3-88 § 11AA:2-4)
11:3-5. CONDITIONS FOR ISSUANCE OF PERMIT.
The display and/or discharge of fireworks shall be handled by a competent operator approved by the Chiefs of the Police and Fire Departments Chief of the Police Department and the Fire Official of the Fire Department. Such display shall be of such a character, and so located, discharged, or fired, as in the opinion of the Chiefs of the Police and Fire Departments Chief of the Police Department and the Fire Official of the Fire Department, after proper inspection, shall not be hazardous to property or endanger any person(s). The location of the storage place of the fireworks shall be subject to the approval of the Chief Fire Official of the Fire Department . Prior to the issuance of a permit, the application for same, including the Certificate of Insurance must be reviewed and approved by the Law Department of the City of Newark. The sale, possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. No permit issued hereunder shall be transferable. Upon issuance of the permit, the Fire Department shall immediately notify the Police Department of same. (Ord. 6 S+FX, 5-3-88 § 11AA:2-5)
11:3-6. DISPOSAL OF UNFIRED FIREWORKS.
Unfired fireworks and trash remaining after the display or discharge is concluded shall be immediately disposed of in a safe manner approved by the Fire Official. (Ord. 6 S+FX, 5-3-88 § 11AA:2-6)
11:3-7. SEIZURE OF FIREWORKS; PENALTIES.
The Fire Official shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale or display, stored or held in violation of this chapter. Any person violating any of the provisions of this chapter shall be subject to the same penalties as set forth in N.J.S. 21:3-8. (Ord. 6 S+FX, 5-3-88 § 11AA:2-7)
TITLE XI FIRE PREVENTION CODE
Published by ClerkBase
©2014 by Clerkbase. No Claim to Original Government Works.