Chapter 14, FIRE BUREAU
[HISTORY: Adopted by the Municipal Council of the Township of Wayne 8-21-1985 by Ord. No. 42-1985. Amendments noted where applicable.]
- Division of Fire -- See Ch. 4, § 4-26.1.
- Fire Department -- See Ch. 13.
- Fire subcode fees -- See Ch. 64, § 64-3A(3).
§ 14-1. Adoption of standards. [Amended 12-16-1987 by Ord. No. 90-1987]
The Fire Prevention Code of the municipality shall consist of a certain code known as the "New Jersey Uniform Fire Code," adopted February 18, 1985, and is hereby incorporated in this chapter as if set forth at length.EN Required copies thereof have been placed on file in the office of the Township Clerk and in the Fire Bureau and shall remain in said offices so long as this chapter is in effect, for use and examination by the public.
§ 14-2. Local enforcement.
The local agency shall enforce the Uniform Fire Safety Act and the codes and regulations adopted under it in all buildings, structures and premises within the established boundaries of Wayne , 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.
§ 14-3. Inspection of life hazard uses. [Amended 12-16-1987 by Ord. No. 90-1987]
The Fire Bureau, as designated by Section 2 of this ordinance,EN shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of Community Affairs.
§ 14-4. Inspections and fees. [Amended 12-16-1987 by Ord. No. 90-1987]
In addition to the inspection fees required pursuant to the Act and the regulations of the Department of Community Affairs, the following additional inspections and fees shall be required:
- Fees are as provided in Chapter 75, Fees. [Amended 9-21-1988 by Ord. No. 54-1988]
- Assessed fees shall be satisfied by the 30th day after its issuance.
- Unpaid fees outstanding after the 30th day may result in a penalty equal to the amount of the unpaid fee. Ten additional days will be granted for payment of the fee plus penalty.
- Any person who fails to immediately pay a money judgment entered against him pursuant to this subsection is subject to the penalties in accordance with the New Jersey Uniform Fire Code, N.J.S.A. 5:18-2.12 (c).
- All moneys recovered in the form of penalties shall be paid into the treasury of the township and shall be appropriated for the enforcement of the Act.
- If the fee and penalty remain unpaid after the ten-day extension period, the enforcing agency may institute legal proceedings in Municipal Court pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.).
B. Permit fees are as provided in Chapter 75, Fees. [Amended 9-21-1988 by Ord. No. 54-1988]
§ 14-5. Permits. [Amended 9-21-1988 by Ord. No. 54-1988]
The permit fees established by the Uniform Fire Code shall be as provided in Chapter 75, Fees.
§ 14-6. Personnel identification. [Amended 12-16-1987 by Ord. No. 90-1987]
Fire Bureau personnel identification shall differ so as to be visibly changed from the old style Fire Bureau identification. This shall be done to prevent misrepresentation as personnel of the Fire Bureau by persons other than Fire Bureau employees, in accordance with regulations to be established by the Fire Official.
§ 14-7. Response to fire alarms. [Amended 12-16-1987 by Ord. No. 90-1987]
A. The response of Fire Bureau personnel to fire alarm conditions shall apply to all occupancies, other than owner-occupied one- and two-family dwellings.
B. Upon the occurrence of a fire alarm in any of the aforelisted occupancies, during the normal business hours of the Fire Bureau, there may be a response from Fire Bureau personnel. The following constitute legitimate reasons for a response from the Fire Bureau:
- To enforce the Fire Code or Fire Ordinance and to issue documentation, violations and notification as may be required by the municipality of Wayne , the State of New Jersey .
- To assist the Fire Chief or his duly authorized representative. This may be done with any knowledge acquired during previous fire inspections performed by Fire Bureau personnel. This shall be of fire-staff-type assistance, not fire-command-type assistance.
C. Response to all occupancies after normal business hours may occur by on-call Fire Bureau personnel or by the Fire Official or by request of the Fire Chief or his duly authorized representative, when made through the headquarters communications center.
D. Response of the Fire Bureau to residential fire alarm conditions may be by request of the Fire Chief or his duly authorized representative. This chapter shall not interfere with the New Jersey Fire Code 5:18-2.1(f), on investigation contained in Subchapter 2, Administration and Enforcement
§ 14-8. Fire hydrants.
A. All fire hydrants shall be installed subject to the approval of the Fire Official or his duly authorized representative.
B. Fire Department connections shall have an approved fire hydrant installed no more than 100 feet from the siamese connection location or as approved by the Fire Official. All fire hydrants and Fire Department connections shall be maintained accessible and visible at all times.
C. This location of hydrants to Fire Department connections shall apply to all new construction.
§ 14-9. False alarms. [Added 12-6-2000 by Ord. No. 82-2000EN]
A. As used in this chapter, "false alarm" shall mean the transmission either directly or indirectly to the Police Department of the Township of Wayne of any automatic fire alarm, smoke alarm, fire sprinkler water flow alarm, or carbon monoxide alarm that was not caused by a fire, a smoke condition or such other condition that is beyond the control of the owner.
B. The Police Department shall report all false alarms to the Fire Bureau which shall investigate and determine the cause of the false alarm. The Fire Bureau shall maintain a list of all false alarms. Said list shall identify the locations of the false alarms and the number of false alarms at the location during the calendar year.
§ 14-9.1 Penalties for false alarms. [Amended 12-16-1987 by Ord. No. 90-1987; 12-6-2000 by Ord. No. 82-2000]
A. Penalties for false alarms transmitted from a multifamily residential complex, business, commercial, eleemosynary and/or industrial premises shall be as follows:
Number of Alarms
Within a Calendar Year & Penalty
First 2 Warning only
6 or more $1,000
B. Penalties for false alarms transmitted from single-family detached dwellings, individual townhouses and condominium unit dwellings shall be as follows:
Number of Alarms
Within a Calendar Year & Penalty
First 2 Warning only
6 or more $500
C. Any person, firm, company or corporation that causes to be transmitted a false alarm as the result of installing, repairing, testing, tampering with or performing any work to an automatic fire alarm, smoke alarm, fire sprinkler water flow alarm or carbon monoxide alarm shall be subject to a penalty of not less than $200 nor more than $1,000 for each transmission of a false alarm.
D. All penalties assessed for violation of this chapter shall be paid into the Fire Bureau Penalty Account.
§ 14-10. Interference with fire systems prohibited; fines. [Amended 12-16-87 by Ord. No. 90-1987]
Blocking access, interfering or tampering with or causing malicious damage to any fire alarm, suppression system, fire communications system, fire detection, first-aid, fire-fighting system, device, unit or part thereof shall result in a mandatory fine of $50 per day per violation. During an actual alarm, the condition shall result in a mandatory fine of $200 per day per violation. Fines shall remain in effect until conditions are deemed corrected by the Fire Bureau. Failure to comply shall result in an issued summons to appear in court. Fines assessed from this chapter shall go into the Fire Bureau account.
§ 14-11. Red light display over connections.
A red light shall be illuminated 24 hours per day over any Fire Department connection. In such suppression systems that siamese connections supply zoned areas of suppression, the red light shall flash intermittently over the siamese connection of the activated zone. The rate of flash shall not be less than 60 flashes per minute.
§ 14-12. Portable fire extinguishers for hot-tar kettle jobs.
The minimum size of portable fire extinguishers for job site location concerning hot tar kettles shall be 15 pounds. The type shall be B:C dry chemical. The minimum number of portable extinguishers per each kettle job site shall be:
A. One extinguisher, located between 10 and 15 feet from the kettle, kept accessible to the operator of the job site kettle.
B. One additional extinguisher, located on the roof level of the job site in the area where hot-tar roof work is being done.
§ 14-13. Hydrant use and approval; violations and penalties. [Added 12-16-1987 by Ord. No. 90-1987EN]
A. No person shall use or operate any fire hydrant intended for use of the Fire Department for suppression purposes unless such person first secures permission from the Fire Official and the Superintendent of the Division of Water. Failure to obtain such permission shall be deemed unlawful.
B. This section shall not apply to the use of such hydrants by a person employed by and authorized to make such use by the Superintendent of the Division of Water.
C. A person who violates or causes to be violated the provisions of this section shall be liable to a penalty of not more than $500 for each violation. This shall be in addition to such penalties as may be enforced by other municipal agencies.
§ 14-14. Public water supply. [Added 12-16-1987 by Ord. No. 90-1987]
A. The Fire Official shall recommend to the Business Administrator of the township the location or relocation of new or existing fire hydrants and the placement or replacement of inadequate water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. This shall be done in conjunction with advice from the Superintendent of the Division of Water.
B. A fire hydrant shall not be placed into or removed from service until approved by the Fire Official and Superintendent of the Division of Water.
§ 14-15. Yard systems. [Added 12-16-1987 by Ord. No. 90-1987]
A. All new and existing occupied structures located more than 150 feet from a public street or which require quantities of water beyond the capabilities of the public water distribution system or which have areas remote from existing hydrant locations shall have additional, properly placed fire hydrants, as approved by the Fire Official.
B. Such fire hydrants shall be capable of supplying fire flows as required by the Fire Official and shall be connected to a water system in accordance with accepted engineering practices.
C. The Fire Official shall designate and approve the number and location of fire hydrants.
D. Private hydrants shall not be placed into or removed from service until approved by the Fire Official.
§ 14-16. Street obstructions prohibited; violations and penalties. [Added 12-16-1987 by Ord. No. 90-1987]
A. No person shall erect, construct, place or maintain any bumps, fences, gates, bars, pipes, wood or metal horses or any other type of obstruction which would prevent or hinder access to a fire hydrant in or on any street within the township.
B. The word "street," as used in this chapter, shall mean any roadway accessible to the public for vehicular traffic, including but not limited to private streets or access lanes, as well as all public streets and highways within the boundaries of the township.
C. Exceptions to the prohibitions of Subsection A above may be granted in writing upon good cause shown by the Fire Official, provided that no such proposed obstruction shall be of such design or nature that injury may occur to fire suppression personnel or damage may occur to fire suppression equipment.
D. Any person responsible for installations in violation of Subsection A above shall be liable to a penalty of not more than $50 per day per violation.
E. Penalties shall be enforced and collected by the Fire Official under the authority of the New Jersey Uniform Fire Code.
§ 14-17. Fire Subcode Official and Assistant Fire Subcode Official. [Added 12-16-1987 by Ord. No. 90-1987]
A.There shall be two positions within the Fire Bureau, namely Fire Subcode Official and Assistant Fire Subcode Official.
- The Fire Subcode Official shall report to and perform his duties under the authority of the Fire Official.
- The Assistant Fire Subcode Official shall report to and perform his duties under the authority of the Deputy Fire Official.
B. Minimum Uniform Construction Code licenses for both the Fire Official and Deputy Fire Official shall be as follows:
- Subcode Official.
- H.H.S. Fire Protection.
C. Minimum continued education courses for the positions of Fire Subcode Official and Assistant Fire Subcode Official shall be as mandated by the New Jersey Department of Community Affairs and the Uniform Construction Code.
D. Both the Fire Subcode Official and the Assistant Fire Subcode Official shall be appointed to terms of four years. Tenure shall be granted in both of the above positions with the commencement of a second term of four years of service as set by the New Jersey State Uniform Construction Code Act, N.J.S.A. 52:27D-126b. After the granting of tenure rights, no official shall be removed from office except for just cause after a fair and impartial hearing. Previous service as the Fire Subcode Official or in another position comprising the same responsibilities to Wayne shall be counted for tenure.
E. Compensation shall be such sum annually as shall be fixed by ordinance.
F. The Fire Officials shall be available during the normal business hours and shall execute their authority from the Division of Fire.
G. The Fire Subcode Official shall be responsible for the supervision of the Assistant Fire Subcode Official.
§ 14-18. Disposal or discharge not processed under authority of state or federal agencies. [Added 12-16-1987 by Ord. No. 90-1987]
A. Disposal or discharge of flammable, combustible, hazardous, unstable material or any waste liquid containing petroleum or its products into or upon any street, pavement, highway, drainage canal ditch, storm or sanitary drain or flood control channel, lake or waterway, or upon the ground, shall be deemed a violation of this chapter, enforceable by the Fire Official.
B. A person shall be deemed to have violated or caused to have violated a provision of Subsection A above if an agent or employee under his control has violated or caused to have violated any of the provisions of Subsection A above.
C. The Fire Official may assess civil penalties for violation of this section. The penalty shall be in such amount as the Fire Official deems necessary and appropriate to bring about compliance, except that penalties shall not exceed a maximum of $5,000 for each occurrence. [Amended 12-21-1988 by Ord. No. 83-1988]
D. In addition, such person shall be liable for costs in the amount of the actual cost to the municipal agency directly or indirectly resulting from the violation of the cost necessary to correct the damages caused by the violation. [Amended 4-4-1990 by Ord. No. 26-1990]
E. Such cost shall be certified to the Fire Official by the chief or administrative head of the department or agency involved. The Fire Official shall assess the amount certified and collect it in the manner specified under the New Jersey Uniform Fire Code.
F. All moneys collected pursuant to Subsection D above shall be paid to the township and appropriated to the municipal agency to defray the certified costs. [Amended 4-4-1990 by Ord. No. 26-1990]
G. Satisfaction of the penalty fee must be made within 30 days after issuance of the penalty order. If the penalty fee is referred to an insurance company for payment, the payment must be made within the thirty-day period. Failure to abate any violation after having been given notice of the violation shall result in a maximum fine of $500 per violation per day. [Added 4-4-1990 by Ord. No. 26-1990]
§ 14-19. Inspection of oil separators and similar equipment at commercial premises. [Added 12-16-1987 by Ord. No. 90-1987]
Inspection of oil separators and similar equipment will occur once per year or whenever the Fire Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition of violation of the Uniform Fire Code.
§ 14-20. (Reserved)EN
§ 14-21. Smoke detectors and carbon monoxide detectors in residential dwellings; inspection fee; violations and penalties. [Added 12-16-1987 by Ord. No. 90-1987]
A. The Fire Bureau shall inspect all residential occupancies for compliance with the required number of approved smoke detectors in accordance with the Township of Wayne ordinances. [Amended 6-18-2003 by Ord. No. 30-2003]
B. Fire Bureau inspection shall occur prior to the time of resale. Upon inspection, a certificate of compliance shall be issued by the Fire Official.
C. It shall be the responsibility of the owner or owner's agent to notify the Fire Bureau for any required inspection. Inspections shall be performed within three business days from the time for which it was requested.
D. All smoke detectors and carbon monoxide detectors shall be battery-operated units, as approved by the Fire Official. Smoke detectors shall be UL-listed, FM-approved or carry the seal of an authorized, recognized approval agency.
E. Smoke detectors and carbon monoxide detectors shall be installed as recommended by the manufacturer and approved by the Fire Official or his authorized representative.
F. The Fire Bureau shall make a written record of all inspections and shall maintain those records for a period of time, not to exceed six years.
G. The inspection fee for all residential dwellings, except multiple-family dwellings, shall be $50. [Amended 6-18-2003 by Ord. No. 30-2003]
H. Failure to comply with the terms of this section shall result in a penalty of $100.
§ 14-22. Appeals.
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act,EN any person aggrieved by any order of the local enforcement agency shall have the right to appeal to the Construction Board of Appeals of Wayne.
Wayne Township Fire Inspection Bureau
475 Valley Road
Wayne , New Jersey 07470
Monday through Friday, 8:30 a.m. to 4:30 p.m.
Phone (973) 694-1800 ext. 3300
Fax (973) 305-9251