reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 4 - FIRE SAFETY CODE › Section 5:70-4.17 - High rise buildings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to all other applicable provisions
				of this code, high rise buildings shall conform to the provisions of this
				section.
(b) All high rise buildings of
				Use Groups M and R-1 shall be equipped throughout with an approved automatic fire
				suppression system installed in accordance with the New Jersey Uniform Construction
				Code.
(c) All high rise buildings of Use
				Groups B and R-1 shall be equipped with central control station and communication
				systems as follows:
1. An approved public address
				communication system consisting of loudspeakers on each floor of the building, in
				each elevator and elevator lobby and in each stair enclosure which shall be capable
				of being operated from the central control station;
2. A two-way fire department communication system
				which shall operate between the central control and every elevator, elevator lobby
				and entry to enclosed exit stairways;
3.
				A central control station for fire department operations shall be provided in a
				location approved by the fire department. It shall contain where applicable the
				public address system panel; the fire department communications panel; fire
				detection and alarm system annunciator panels; status indicators and controls for
				air handling systems; sprinkler valve and water flow detector display panels; and
				status indicators and a telephone for fire department use with controlled access to
				the public telephone system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 4 - FIRE SAFETY CODE › Section 5:70-4.18 - Boiler/furnace equipment rooms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Boiler/furnace
				equipment rooms shall be enclosed by one hour fire rated construction in the
				following facilities: day nurseries, children's shelter facilities, residential
				child care facilities and similar facilities with children below the age of 2 1/2
				years, and which are classified as Use Group I-2 in accordance with the Uniform
				Construction Code, shelter facilities, residences for the developmentally disabled,
				group homes, teaching family homes, transitional living homes, rooming and boarding
				houses, hotels and multiple dwellings.
1.
				Exception to (a) above: Furnace and boiler equipment of low pressure type (operating
				at pressures of 15 psig or less for steam equipment or 160 psig or less for hot
				water equipment) when installed in accordance with manufacturer recommendations or
				furnace and boiler equipment of residential (R-3) type (200,000 BTU per hour input
				rating or less) is not required to be enclosed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 4 - FIRE SAFETY CODE › Section 5:70-4.19 - Smoke alarms for one- and two-family dwellings; carbon monoxide alarms; and portable fire extinguishers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In one- and two-family or attached single
				family dwellings subject to the requirements of
5:70-2.3
, smoke
				alarms shall be installed as follows:
1. On each
				level of the premises; and
2. Outside of
				each separate sleeping area.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 4 - FIRE SAFETY CODE › Section 5:70-4.20 - Casino hotels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By November 5, 2009,
				all illuminated signs, amplification systems, turn tables, or sound-producing
				equipment located on or open and adjacent to the casino floor(s) shall be
				interlocked with the fire alarm system so that activation of the fire alarm system
				results in disconnection of electrical power to the device(s).
1. This requirement does not apply to exit signs
				or emergency communications systems.
2.
				This requirement shall not apply to slot machines or similar gaming
				equipment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:71-1.1 - Title; scope; division into parts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These regulations
				shall be known as the "Regulations for Fire Code Enforcement".
(b) The regulations are divided into four
				subchapters:
1.N.J.A.C. 5:71-1, entitled "General
				Provisions";
2.N.J.A.C. 5:71-2, entitled
				"Enforcing Agencies, Establishment and Responsibilities";
3.N.J.A.C. 5:71-3, entitled "Organization,
				Administration and Enforcement"; and
4.N.J.A.C. 5:71-4, entitled "Certification of Fire
				Officials."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:71-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These regulations are promulgated by the Commissioner of the
				  Department of Community Affairs pursuant to the authority conferred by the Uniform
				  Fire Safety Act ( P.L. 1983, c.383;
				  52:27D-192 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:71-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the intent and
				purpose of the regulations to ensure that:
1. All
				areas of the State are protected by the enforcement of a uniform minimum Fire Code
				which will protect the lives of the State's citizens;
2. Uniform, thorough, and adequately funded fire
				safety inspections are performed to protect the public wherever buildings and uses
				which pose a serious life safety hazard are found;
3. Penalties for violators are swiftly assessed
				and commensurate with the gravity of the offense;
4. Fire Code enforcement is efficient and
				coordinated to eliminate duplication of effort and confusion on the part of the
				public; and
5. The standards enforced on
				the State and local levels are interpreted consistently.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 5:71-1.6 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any provision of
				the regulation or the application thereof to any person or circumstances is held
				invalid, the invalidity shall not affect other provisions or applications of the
				regulations which can be given effect and to this end the provisions of the
				regulations are severable.
(b) Nothing
				contained in these regulations shall be deemed to invalidate or control the
				provisions of or the enforcement of any pre-existing municipal ordinance pertaining
				to fire safety nor to limit the existing powers of any county or municipal official
				to enforce the provisions of any pre-existing law, ordinance, or code pertaining to
				fire safety which is not inconsistent with the Act or N.J.A.C. 5:70, 5:71 or 5:72.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.1 - Scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall control matters relating to the establishment, structure, organization,
				jurisdictional responsibilities and the interrelationship of enforcing
				agencies.
(b) This subchapter seeks to
				provide an efficient administrative structure for enforcing agencies through which
				effective enforcement can take place, inconsistency of Code interpretation and
				enforcement can be avoided, uniformity of systems and procedures encouraged, and the
				public health and safety protected. Such intent shall be given full effect in the
				construction of any specific provision of this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.2 - Matters covered; jurisdictions; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as is
				otherwise provided in (c) below, the provisions of this subchapter shall apply to
				all agencies with an enforcement responsibility under the Act and
				regulations.
(b) Jurisdictional
				responsibilities for enforcing the Code are as follows:
1. A local enforcing agency, where established,
				shall be responsible for enforcement of the Code within its jurisdictional area for:
i. All privately-owned premises subject to the
				Code, including, but not limited to, premises leased to but not maintained by the
				State, or any of its boards, commissions, agencies or authorities;
ii. All premises owned by or leased to any
				municipality or local authority, board, commission or agency;
iii. All premises owned by or leased to any county
				or any regional authority or its boards, commissions, agencies or authorities if no
				county enforcing agency has been designated to enforce the Code or if requested to
				do so in accordance with
				5:71-2.9(a)1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.3 - Local enforcing agencies; establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Creation of a local
				agency shall be subject to the following:
1. A
				local enforcing agency shall only be created by ordinance adopted by the municipal
				governing body.
2. The governing body
				may create or designate a local enforcing agency within the limits of a requesting
				fire department or district, subject to
				5:71-2.4.
3. The governing body may designate as its local
				enforcing agency a requesting fire department, fire district, or an available county
				agency. In the event that none of the entities enumerated are available for
				designation, the governing body may elect to create or designate a local enforcing
				agency within the municipality. If no agency is created or designated, the Division
				shall exercise jurisdiction in accordance with
				5:71-2.2(b)3.
4. A municipality that has two or more departments
				or districts within its limits may make different provisions as requested by each.
				Such provisions shall not establish differing fees or standards within the areas
				served by separate agencies.
5. Where
				the governing body shall create two or more agencies because there are two or more
				departments or districts within its limits, jurisdictional limits for each shall be
				specified so that each has a distinct geographic area, without overlap.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.4 - Fire districts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a fire district
				designated as a local enforcing agency under this subchapter is dissolved, the fire
				department within the territorial area of the dissolved district shall have the
				option, within 30 days of the dissolution, to assume the local enforcing agency
				responsibilities. If the fire department does not exercise the option, it shall pass
				to another district within the municipality, and if not exercised by another
				district shall pass to the municipality itself. The district and municipality shall
				each have 15 days in which to decide the matter.
1. If the dissolved district has combined with
				another district or districts, the remaining district(s) shall have the option,
				within 30 days of the dissolution, to assume local enforcing agency
				responsibilities. If this option is not exercised, it shall pass to the fire
				department within the territorial area of the dissolved districts and, if not
				exercised, shall pass to the municipality. The department and municipality shall
				each have 15 days in which to decide the matter.
2. Exercise of the option shall be evidenced by a
				written notice signed by the party authorized to act on behalf of the entity. This
				notice shall be delivered to the municipal governing body which enacted the
				ordinance authorizing local enforcement. In addition, a copy shall immediately be
				forwarded to the Division.
3. The local
				enabling ordinance governing the local enforcing agency shall be modified if
				necessary and promptly filed with the Division. The new local enforcing agency shall
				promptly assume local enforcing agency responsibilities and notify the
				Division.
4. If, within 60 days of
				dissolution, the Division has not received proper written notice of the assumption
				of a dissolved district's obligations, the Division shall assume
				responsibility.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.5 - State enforcing agency; establishment

Current through Register Vol. 56, No. 14, July 15, 2024
The Division is constituted as the State enforcing agency for the
				  purpose of administering and enforcing the Code in those areas where a local
				  enforcing agency has not been established or designated for the inspection of life
				  hazard uses and as provided in
				  5:71-2.2(b)3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.6 - Collection of and accounting for fees and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Collection of
				registration fees:
1. The Division shall annually
				bill for and take such steps as may be necessary to collect or provide for the
				collection of the annual registration fees provided for by the Code. No fee shall be
				assessed against premises owned by the agency enforcing the Code.
2. The Division shall remit 65 percent of the
				amount collected, unless indicated otherwise below, to the local enforcing agency
				established for the inspection of life hazard uses. This payment shall be disbursed
				by the end of the quarter next succeeding the one in which fees were collected.
i. No later than 30 days following the end of the
				calendar year (December 31), the local enforcing agency shall forward to the
				Division a form verifying the status of all life hazard use inspections performed
				during the year. The agency shall utilize a Division-approved format which satisfies
				the following requirements:
(1) The form shall be
				electronically certified by both the fire official and the chief administrative
				officer of the municipality or the fire district, as the case may be; and
(2) The form shall detail the total number of life
				hazard uses, specify the number of uses and number of inspections required annually
				and indicate the number of inspections performed during the reporting
				period.
ii. In those cases
				where all annual life hazard use inspections have not been completed, the Division
				shall deduct an amount, equal to the registration fees attributable to those uses,
				from the amount of the life hazard use registration fees disbursed during the next
				quarter, or as many subsequent quarters are necessary.
3. If all required inspections have been
				performed, the local share shall not be considered State funds but rather local
				funds held in trust by the State.
4.
				Where a local enforcing agency has been assigned a certificate of judgment in
				accordance with N.J.A.C. 5:70-2.6(h),
				it shall remit 35 percent of the net amount collected to the Division by the end of
				the quarter next succeeding the one in which the fees were collected unless,
				however, the fee collected is one where the Division has adjusted upward the
				percentage to be remitted, in which case the amount remitted to the Division shall
				be the difference between the adjusted percentage and 100 percent.
i. The local enforcing agency may deduct the costs
				of collection from the total amount collected provided an accounting of the costs is
				included with the remittance. Any such deduction shall be made prior to calculating
				the required remittance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.7 - Registry of agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each municipality that passes an ordinance
				establishing a local enforcing agency shall file a copy of same with the Division
				within two weeks of final adoption. Each county that passes an ordinance or
				resolution establishing a county enforcing agency shall file a copy of same with the
				Division within two weeks of adoption.
1. Any
				municipality or county that later amends a resolution or an ordinance that
				established an enforcing agency shall file a copy of the amendments with the
				Division within two weeks of adoption.
2. A municipality or county that does not file an
				ordinance or resolution shall be deemed not to have passed one, in which case, the
				Division shall enforce the Code in that jurisdiction.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.8 - Amendments to the Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local amendments of the technical standards of
				N.J.A.C. 5:70-3 and 4 are permitted to be adopted by ordinance but no such amendment
				shall require a building which complies with the Uniform Construction Code to
				conform to a more restrictive standard.
(b) No amendment to 5:70-1 and 2 is permitted
				except for permits required in
5:70-2.7
and fees for permits in
5:70-2.9(c)
and certificate of smoke detector compliance fees in
				accordance with
5:70-2.9(f)
(c) Any amendments adopted shall be filed with the
				Division in accordance with
				5:71-2.7(a).
(d) Whenever any person believes that a locally
				adopted amendment establishes a more restrictive requirement than that established
				for the same building or circumstance by the Uniform Construction Code, then that
				person may apply to the Commissioner for a determination pursuant to
				52:14B-8.
1. Any such application shall be in writing and
				shall set forth the particular provision of the local amendment which is allegedly
				more restrictive and the reasons the person believes it to be so.
2. The Commissioner shall issue a preliminary
				ruling stating whether or not the amendment establishes a more restrictive
				requirement and shall notify the applicant and the local enforcing agency. Each
				party shall have 30 days in which to file exceptions to the preliminary ruling after
				which the Commissioner shall adopt it as originally set forth or as modified and
				make it a final ruling.
3. A final
				ruling which finds an amendment to the Code adopted by local ordinance to be more
				restrictive shall set forth each particular in which the ordinance is more
				restrictive. Those particulars shall be declared invalid and shall be of no further
				force or effect.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.9 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person employed by an enforcing agency as a
				fire official or fire inspector shall carry out any inspection or enforcement
				procedure with respect to any property or business in which he or she or a member of
				his or her immediate family has an economic interest.
1. Where an inspection or enforcement procedure is
				necessary or required in any such property or business, then the fire official shall
				arrange for the inspection or enforcement to be carried out by the county enforcing
				agency, the local enforcing agency of an adjoining jurisdiction or the Division of
				Fire Safety.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.10 - Departmental monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Fire
				Safety shall institute a regular program of monitoring local enforcing agencies to
				ensure that the Code is being properly enforced. This monitoring program shall
				provide for a regular schedule of random field visits, as well as monitoring visits
				in response to complaints.
(b) When
				making a monitoring visit, the Division shall determine:
1. Whether the fire official and any inspectors
				are certified in accordance with the requirements of these regulations;
2. Whether all fees are being received and
				properly accounted for and whether required collection procedures are being
				implemented in the case of delinquent fees;
3. Whether all required periodic inspections of
				life hazard uses are being carried out when required by law;
4. Whether all inspections required in conjunction
				with required permits are being carried out;
5. Whether records are being maintained for all
				inspections;
6. Whether enforcement
				action as required by the Code is being taken when violations are found or when the
				owner fails to correct them;
7. Whether
				the local enforcing agency has an effective program to discover unregistered life
				hazard uses or activities which require a permit which do not have them;
8. Whether the local enforcing agency has an
				adequate number of inspectors and other staff for its workload;
9. Whether the local enforcing agency is in
				violation of any requirement of these regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.11 - Right of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with
				  N.J.S.A.
				  52:27D-206, any person or agency aggrieved by a
				  notice, order, action, or decision of the Division pursuant to this subchapter shall
				  be entitled to a hearing before the Office of Administrative Law pursuant to the
				  Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1 et seq., 52:14F-1 et seq., and the
				  Uniform Administrative Rules of Practice,
				  N.J.A.C.
				  1:1-1, provided that a request for a hearing is
				  submitted to the Hearing Coordinator, Department of Community Affairs, Division of
				  Fire Safety, PO Box 809, Trenton, New Jersey 08625-0809 within 15 days of the person
				  or agency's receipt of the notice or order complained of.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 2 - ENFORCING AGENCIES; ESTABLISHMENT AND RESPONSIBILITIES › Section 5:71-2.12 - Firefighter serious injury and death investigations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In conjunction with
				the Department of Labor and Workforce Development and the Department of Health and
				Senior Services, the Division shall conduct investigations of fire incidents in
				which one or more firefighters suffer death or serious injury and identify those
				measures that may be required to prevent the future occurrence of deaths and serious
				injuries under similar circumstances. The Division shall have the authority to
				conduct such investigations anywhere in the State.
1. In furtherance of any firefighter serious
				injury or death investigation, the Division may issue and enforce subpoenas to
				compel the testimony of any person who might have knowledge of any relevant matters
				and the production of any relevant documents.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provision of this subchapter shall apply to all local and
				  county enforcing agencies. The term local enforcing agency shall mean and include
				  county enforcing agencies whenever the term is used in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.2 - Local enforcing agencies; organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fire official
				shall be appointed in the manner provided for in the ordinance establishing the
				local enforcing agency. He or she shall serve as the chief administrator of the
				agency. He or she shall establish the day-to-day operating routines of the agency
				and shall coordinate the activities of any inspectors or other staff. He or she
				shall be certified in accordance with N.J.A.C. 5:71-4.
(b) The municipality, fire district and the fire
				department shall ensure that the enforcing agency has an adequate number of
				inspectors to complete all necessary inspections and review all permit applications
				and act on them in a timely manner as well as sufficient staff to ensure that
				enforcement actions are taken in a timely manner when violations are found and not
				corrected. Any inspectors engaged in the inspection of life hazard uses shall be
				certified as specified in N.J.A.C. 5:71-4.
(c) The local enforcing agency shall be subject to
				direction from the appointing authority and such subordinate officers as may be
				designated in the adopting ordinance.
(d) The municipality or fire district shall
				specifically appoint legal counsel to assist and represent the local enforcing
				agency in all matters related to the Code. Such legal counsel shall advise the
				agency and undertake such actions at law as the fire official shall deem
				necessary.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local enforcing agency shall maintain a
				central file system for each property, building or use that requires a periodic
				inspection or a permit.
1. The files shall contain
				all information, including inspection reports, correspondence, notices and orders,
				and so forth, relevant to each property, building or use.
2. The files shall contain, or indicate the
				storage location of, all plans and reports too bulky for inclusion in the central
				file.
3. The files and records of the
				local enforcing agency shall be open to Division review and audit and public
				inspection at reasonable times.
4. File
				copies of all documents shall be retained in the official records as provided by
				law. Electronic files are also permissible, provided the local enforcement agency
				acts consistently with any and all retention rules and as required by the Bureau of
				Records Management within the New Jersey Department of the Treasury, Division of
				Revenue and Enterprise Services-Records Management Services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.5 - Coordination with construction, fire subcode and other officials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fire official
				shall ensure that the construction official and fire subcode official are notified
				when a notice of violation directs work which will require construction permit. He
				shall assist the fire subcode official to determine whether the work for which a
				permit is applied will correct the violation.
(b) The fire official shall ensure that a permit
				was obtained and any work done was approved by the construction official and fire
				subcode official before a violation is abated.
(c) Whenever, in the enforcement of the fire code
				and other codes and ordinances, it becomes necessary to subject a given building to
				multiple inspections in the same general time frame, it shall be the duty of all
				involved inspectors to coordinate their inspections and administrative orders as
				much as possible so that the owners and occupants of the structure shall not be
				subjected to inspections more numerous than necessary, nor to multiple conflicting
				orders. Whenever an inspector observes a violation of some law, ordinance or code of
				the jurisdiction that is not within the inspector's authority to enforce, the
				inspector shall report the findings to the official having jurisdiction in order
				that such official may institute the necessary corrective measures.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.6 - Coordination for State licensed and regulated facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this section shall apply to the following types of facilities which are licensed or
				regulated by State agencies:
1. Department of
				Human Services:
i. Day care centers;
ii. Day nurseries;
iii. Community residences for the developmentally
				disabled.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 3 - ORGANIZATION, ADMINISTRATION AND ENFORCEMENT › Section 5:71-3.7 - Forms; logs; reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local enforcing agency shall use a
				version of the following forms to document inspection activity, permits, variances
				and other actions taken by the fire official. At a minimum, the forms shall include
				the specified information. The local enforcing agency may exercise discretion in the
				layout and format of the form and may include added content, as appropriate, to
				address local administrative and recordkeeping requirements. The local enforcing
				agency shall submit each form to the Division for approval.
1. Inspection report:
i. An inspection report form shall provide general
				information on a property including its hazards and protection. The report shall
				serve as a record of inspection and an accurate accounting of a specific state or
				condition.
ii. When used during the
				conduct of a required annual or quarterly inspection, the inspection report shall
				include, but not be limited to, the following information:
(1) The name and/or logo of the local enforcing
				agency;
(2) The name of the premises or
				facility subject to inspection;
(3) The
				name of the owner of the business and the name of the owner of the
				property;
(4) The street address of the
				premises or facility subject to inspection;
(5) The telephone number of the premises or
				facility subject to inspection;
(6) The
				name of the inspector;
(7) The date of
				inspection;
(8) The Use Group as defined
				in the Uniform Fire Code;
(9) The
				registration number and life hazard use type, if applicable;
(10) The number of stories;
(11) The type of heating system;
(12) The type of electrical system, general (fuses
				or circuit breakers);
(13) Building
				construction information (construction type, trusses, etc.);
(14) The type of fire protection equipment
				(detection, alarms, suppression);
(15)
				The type of inspection (annual, quarterly or complaint);
(16) Egress lighting (yes/no);
(17) Exit doors/number of exits;
(18) The number of violations found (maintenance
				and retrofit);
(19) The occupant
				load;
(20) The basement square footage;
				and
(21) The building square
				footage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.1 - Scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall control all matters relating to qualifications for the certification of all
				fire officials and inspectors engaged in or to be engaged in the administration and
				enforcement of the New Jersey Uniform Fire Code, including procedures for
				application, issuance, denial and revocation of certifications; approval of training
				and/or educational programs offered to meet the requirements for certification of
				fire officials, application fees for a certification, and enforcement of penalties
				for violations of this subchapter.
(b)
				Unless otherwise specifically provided, all references to article or section
				numbers, or to provisions not specifically identified by number, shall be construed
				to refer to such article, section or provision of this subchapter.
(c) The New Jersey Uniform Fire Code has been
				adopted to ensure public safety and welfare. In order for the Code to be enforced
				adequately and effectively, fire officials will need to have sufficient knowledge
				and competence to administer and interpret the Code's standards. This can best be
				achieved through the creation of an education and training program and the
				development of certification requirements.
1. It
				is the purpose of this subchapter to establish standards and procedures for the
				certification of fire officials, including but not limited to fire officials and
				inspectors, and to require all persons performing duties with respect to the
				inspection for compliance with the New Jersey Uniform Fire Code in any political
				subdivision within this State, to be certified as provided in this
				subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.2 - Authority; hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following rules concern Office of Training
				and Certification:
1. There is hereby established
				in the Division, an Office of Training and Certification. The Office shall consist
				of such employees of the Department of Community Affairs as may be required for the
				efficient implementation of this subchapter.
2. The responsibilities of the Office, in addition
				to all others provided in this subchapter, are as follows:
i. To issue such certification as may be called
				for herein when warranted and to affix the seal of the Commissioner
				thereon;
ii. To keep accurate records of
				all applications for a certification and official action thereon, and to make such
				records available for inspection by the public at all reasonable times;
				and
iii. To suspend or revoke a
				certification provided for herein upon the establishment of cause as set forth in
				5:71-4.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.3 - Certification required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall carry out the duties of fire
				official or fire inspector unless that person is certified pursuant to this
				subchapter. The term "carry out the duties" shall mean and include representing
				oneself as authorized to carry out inspection of life hazard uses on behalf of the
				Commissioner, issuing orders pursuant to the Act, and assessing or imposing any of
				the penalties provided for by the Act.
(b) No local enforcing agency shall employ any
				person to enforce the provisions of the Uniform Fire Code at a life hazard use,
				unless that person shall be certified in accordance with the provisions of this
				subchapter.
(c) When a local enforcing
				agency that enforces the Code in life hazard uses has a vacancy that leaves the
				agency without a certified fire official, then the appointing authority shall
				appoint a certified person to the position within 45 days of the vacancy having
				occurred. The appointing authority may request an extension of 30 days in which to
				make the appointment. Such requests shall be made within the initial 45 day period,
				by the appointing authority or designee, to the Division, Attention: LEA Supervisor,
				shall set forth the reasons why additional time is necessary and shall indicate if
				any inspection or enforcement matters require Division assistance in the interest of
				public health, safety or welfare. Within seven business days from receipt of an
				extension request, the Division shall send a written determination either granting
				or denying the request.
1. Fire officials
				appointed to fill vacancies shall so notify the Division in writing, on the local
				enforcing agency letterhead, within five days of the appointment.
2. Fire officials shall undertake duties within 10
				days of being appointed.
3. The
				appointing authority or designee shall notify the Division, Attention: LEA
				Supervisor, in writing within five days of the date that the fire official vacates
				the office.
4. The Division shall be
				notified in writing by either the appointing authority or the fire official at least
				10 days in advance of any leaves of absence by the fire official in excess of 30
				days, which notification shall include the provisions that have been made to enforce
				the Code during the period of absence.
5. If no fire official is appointed within the
				applicable time, the Division shall assume responsibility for enforcement and modify
				the Registry accordingly. Registration fees collected for the period during which
				the Division is responsible, as well as for the preceding period of the fire
				official's vacancy, shall enure to the Division.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.4 - Requirements for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any candidate for
				certification in Fire Code enforcement pursuant to this subchapter shall submit an
				application to the Office of Training and Certification in the Division of Fire
				Safety, accompanied by the required fee established at
5:71-4.7
.
				The application shall include such information and documentation as the Office may
				require.
1. Where a signature is required on an
				application, an electronic signature will be accepted.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.5 - Renewal of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every three years, any certification already
				issued shall be renewed upon submission of an application, payment of the required
				fee, and verification by the Office of Training and Certification that the applicant
				has met such continuing educational requirements as may be established by the
				Commissioner. The Division shall renew, for a term of three years, the certification
				previously issued. The expiration date of the certification shall be April 30 or
				October 31.
(b) The Division shall
				issue, upon application, a duplicate certification of the appropriate type and
				specialty upon a finding that the certification has been issued and the applicant is
				entitled to such certification to replace the one that has been lost, destroyed, or
				mutilated. Payment of a fee as may be established by the Commissioner shall be
				required.
(c) Continuing education
				requirements, as follows, must be met for renewal of certification. The requirements
				are based upon the type of certification held and not upon employment position held.
				Continuing education units (CEU's) shall be approved by the Division for technical
				and administrative courses (one CEU equals 10 contact hours).
1. Fire inspector certification--2.0 CEU's
				(technical), including one Code Update program of instruction for any fire inspector
				who is employed by a local enforcing agency. No more than 1.0 CEU's (technical) for
				attendance at Division-approved meeting shall be credited toward
				recertification.
2. Fire official
				certification--3.0 CEU's (2.0 technical and 1.0 administrative), including one Code
				Update program of instruction for any fire official who is employed by a local
				enforcing agency. No more than 1.5 CEU's (1.0 technical and 0.5 administrative) for
				attendance at Division-approved meetings shall be credited toward
				recertification.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.6 - Revocation of certifications and alternative sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall
				be deemed a violation of the Uniform Fire Safety Act subject to a penalty of not
				more than $ 500.00 for each offense:
1. To carry
				out inspections or issue notices or orders pursuant to the Act in connection with
				life hazard uses if not certified;
i. This shall
				not preclude notifying the owner of a life hazard use of a perceived violation
				observed by a firefighter during the course of any normal fire service activity,
				such as routine inservice inspections. A copy of such notification shall be
				transmitted to the fire official for appropriate action;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.7 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No application for a certification shall be
				acted upon unless the application is accompanied by a fee as follows:
1. The initial application fee shall be $
				91.00.
2. The three-year renewal
				application fee shall be $ 91.00.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.8 - Standards for educational programs

Current through Register Vol. 56, No. 14, July 15, 2024
To carry out their responsibilities, Code enforcement officials
				  must be fully knowledgeable about Fire Code standards and be adequately prepared to
				  administer and enforce them properly. Fire Code enforcement education programs must
				  meet certain standards to ensure Code enforcement officials have the necessary
				  technical and administrative training to effectively enforce the Uniform Fire Code
				  at the local level. This section and
				  5:71-4.9 adopts standards for Fire Code
				  enforcement official education programs. Procedures governing the approval of such
				  educational programs are set forth in
				  5:71-4.10.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.9 - Organizational, administrative, and operational functions of the Fire Code enforcement educational programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Programs for the effective education of Code
				enforcement officials are expected to operate with appropriate purposes and
				objectives. An institution or organization seeking initial and continuing approval
				of educational programs shall include in its application clearly defined statements
				of such purposes and objectives.
(b)
				Sound educational programs can be operated effectively only when supported by
				adequate institutional arrangements. Accordingly, only programs offered by or under
				the auspices of institutions of higher education, licensed by the New Jersey
				Department of Higher Education, fire schools, or fire training academies operated by
				Federal, State, county or local government, or non-profit organizations organized
				for purposes which include the training of fire fighting and Fire Code enforcement
				personnel, can be considered for approval.
1.
				Provision shall be made within the organization or institution for orderly methods
				of obtaining and filing information relative to candidates applying for admission to
				Code enforcement official education programs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.10 - Procedure for applying for approval of educational programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any eligible
				institution or organization may submit any course for approval as an educational
				program required by
				5:71-4.8. The application shall be in
				letter form, be submitted at least 60 days prior to the first class session of the
				course and contain all the information specified below.
1. A course that provides content and contact
				hours required by
				5:71-4.9(f) or (g) will
				be acceptable even if it is part of a longer course of study that covers additional
				material.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 71 - FIRE CODE ENFORCEMENT › Subchapter 4 - CERTIFICATION OF FIRE OFFICIALS › Section 5:71-4.11 - Examination requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Examinations shall be administered by the
				International Code Council prior to December 31, 2015, and thereafter, shall be
				administered by the Office of Training and Certification within the Division of Fire
				Safety to establish eligibility for certification as a fire inspector.
1. Applicants for Fire Inspector certification
				shall demonstrate competence by successful completion of the International Code
				Council Fire Inspector 1 examination prior to December 31, 2015, thereafter, shall
				demonstrate competence by successful completion of the New Jersey Fire Inspector
				written examination developed and administered by the Office of Training and
				Certification within the Division of Fire Safety.
2. A minimum passing score of 70 percent correct
				shall be required from applicants to demonstrate competence on the New Jersey Fire
				Inspector written examination administered by the Office of Training and
				Certification within the Division of Fire Safety.
i. Applicants shall have three opportunities to
				successfully pass the written examination. If an applicant fails upon the third
				attempt to pass an examination, he or she shall be required to repeat the adopted
				training program in its entirety before additional examinations will be administered
				to the individual for the title tested.