New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 3 - STATE FIRE PREVENTION CODE › Section 5:70-3.2 - Modifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following articles or sections of the
				State Fire Prevention Code are modified, as follows:
1. Chapter 1, Scope and Administration, shall be
				amended, as follows:
i. In Section 101.1, Title,
				the following text shall be inserted after the word "Fire", "Prevention."
				Additionally, the following text shall be deleted " " and the following text shall
				be inserted "the State of New Jersey."
ii. Section 101.2, Scope, shall be amended, as
				follows:
(1) Item 2, shall be deleted in its
				entirety and the following text shall be inserted:
"Conditions hazardous to life, property or public welfare in the
				  occupancy of structures, premises, or mobile food preparation vehicles."
(2) New item 6, shall be inserted as
				follows:
" 6. The proper maintenance of fire
				protection features required by the construction code in effect at the time of first
				occupancy; by the Fire Safety Code (N.J.A.C. 5:70-4; or by the
				provisions of other, applicable fire safety rules or ordinances lawfully promulgated
				by the State or by a local enforcing agency."
iii. Section 101.2.1, Appendices, shall be deleted
				in its entirety.
iv. In Section 101.3,
				Intent, the following text shall be inserted after the word "buildings", "incident
				to the occupancy and maintenance of."
v.
				Section 102.1, Construction and design provisions, shall be deleted in its entirety
				and new Section 102.1, Applicability, shall be inserted, as follows:
"
				102.1. Applicability. This subchapter shall comply with
				N.J.A.C.
				5:70-1.4 and be applicable to the following:
102.1.1. All buildings, structures, and premises
				within this State, with the exception of owner-occupied one- and two-family
				dwellings used exclusively for dwelling purposes; and
102.1.2. All fire safety hazards arising from the
				storage, handling or use of substances, materials or devices and arising from
				conditions hazardous to life, property or public welfare in the use or occupancy of
				buildings, structures, sheds, tents, lots or premises.
102.1.2.1. Such handling or use shall be construed
				as referring, as well, to industrial processes and equipment whether or not they are
				subject to Uniform Construction Code provisions.
102.1.3. Buildings or other facilities built under
				and in full compliance with the codes in force at the time of construction or
				alteration thereof, and that have been properly maintained and used for such use as
				originally permitted, shall be exempt from the requirements of this subchapter
				pertaining to any of the following matters:
1. Fire
				protection of structural elements.
2.
				Isolation of hazardous operations.
3. In
				lieu of requiring the installation of safety devices or systems or when necessary to
				secure safety in addition thereto, the fire code official may prescribe limitations
				consistent with the provisions of nationally recognized standards, on the handling
				and storage of materials or substances, or upon operations that are liable to cause
				fire, contribute to the spread of fire, or endanger life or property.
102.1.4. This code shall
				apply to any outdoor activities, uses or operations for which requirements are
				established by this code."
vi. Section 102.2, Administrative, operational and
				maintenance, shall be deleted in its entirety.
vii. In Section 102.3, Change of use or occupancy,
				the following text shall be deleted "this code and the International Existing
				Building Code" and the following text shall be inserted "the Uniform Construction
				Code and N.J.A.C. 5:70-1.4(e)."
				Additionally, the exception shall be deleted in its entirety.
viii. The following sections shall be deleted in
				their entirety: Section 102.4, Application of building code; Section 102.5,
				Application of residential code; and Section 102.6, Historic buildings.
ix. The following sections shall be deleted in
				their entirety: Section 102.8, Subjects not regulated by the code; and Section
				102.9, Matters not provided for.
x.
				Section 103, Department of Fire Prevention, shall be deleted and the following new
				Section 103, General Provisions, shall be inserted, as follows:
"103.1 General. The following provisions are
				general provisions for precautions to be applied to the use of all
				properties.
103.2. Any dangerous or
				hazardous conditions that are outlined in 1 through 10 below shall be removed or
				remedied in accordance with the provisions of
				N.J.A.C.
				5:70-2.10:
1.
				Dangerous conditions that are liable to cause or contribute to the spread of fire in
				or on said premises, building or structure or endanger the occupants
				thereof;
2. Conditions that would
				interfere with the efficiency and use of any fire protection equipment;
3. Obstruction to or on fire escapes, stairs,
				passageways, doors or windows, liable to interfere with the egress of occupants or
				the operation of the fire department in case of fire;
4. Accumulations of dust or waste material in air
				conditioning or ventilating systems or grease in kitchen or other exhaust
				ducts;
5. Accumulations of grease on
				kitchen cooking equipment, or oil, grease or dirt upon, under or around any
				mechanical equipment;
6. Accumulations
				of rubbish, waste, paper, boxes, shavings, or other combustible materials, or
				excessive storage of any combustible material;
7. Hazardous conditions arising from defective or
				improperly used or installed electrical wiring, equipment or appliances;
8. Hazardous conditions arising from defective or
				improperly installed equipment for handling or use of combustible, explosive or
				otherwise hazardous materials;
9.
				Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous
				materials; or
10. All equipment,
				materials, processes or operations that are in violation of the provisions and
				intent of this Code.
103.3
				One-call. Where any activity regulated by this chapter is also regulated pursuant to
				the 'Protection of Underground Facilities: One-Call Damage Prevention System'
				N.J.A.C.
				14:2-1 et seq., such as any activity involving a
				road opening, blasting, demolition or excavation, no permit or approval granted
				pursuant to this chapter shall be considered valid unless such activity is conducted
				in compliance with the above cited regulations and the parameters contained within
				the One-Call confirmation ticket, a copy of which shall be provided to the fire code
				official upon request."
xi.
				Section 104, General Authority and Responsibility, shall be deleted and the
				following new Section 104, Terms; Standards; Accepted Practice; Technical
				Assistance, shall be inserted, as follows:
" 104.1
				Terms. Wherever used in this code, the term "fire code official" shall be deemed to
				mean and include "fire official." The term "code" shall be deemed to mean and
				include "Subchapter 3 of the Uniform Fire Code,
				N.J.A.C.
				5:70-3. "The term "Uniform Construction Code"
				shall be deemed to mean and include N.J.A.C. 5:23 New Jersey Uniform Construction
				Code.
104.2 Standards; accepted
				practice.
1. This section, together with the codes,
				national standards and appendices it adopts by reference, shall be the primary guide
				to accepted practice with respect to any material, equipment, system or method of
				installation, use, operation or maintenance therein specified.
2. When this section and the codes, national
				standards and appendices it adopts by reference are silent, a manufacturer's
				recommendations for the installation of any material or assembly may be considered
				to be accepted practice; provided, however, that a manufacturer's recommendations
				shall not be read to overrule this subchapter or any code, national standard or
				appendix which it adopts by reference.
104.3 Approved materials and equipment. Materials,
				equipment and devices approved by the fire code official shall be constructed and
				installed in accordance with such approval.
104.3.1
				Material and equipment reuse. Materials, equipment and devices shall not be reused
				or reinstalled unless such elements have been reconditioned, tested and placed in
				good and proper working condition and approved.
104.3.2 Technical assistance. To determine the
				acceptability of technologies, processes, products, facilities, materials and uses
				attending the design, operation or use of a building or premises subject to
				inspection by the fire code official, the fire code official is authorized to
				require the owner or owner's authorized agent to provide, without charge to the
				jurisdiction, a technical opinion and report. The opinion and report shall be
				prepared by a qualified engineer, specialist, laboratory or fire safety specialty
				organization acceptable to the fire code official and shall analyze the fire safety
				properties of the design, operation or use of the building or premises and the
				facilities and appurtenances situated thereon, to recommend necessary changes. The
				fire code official is authorized to require design submittals to be prepared by, and
				bear the stamp of, a registered design professional. This provision shall not be
				applied to systems installed and approved pursuant to the New Jersey Uniform
				Construction Code."
xii. Section 105, Permits, shall be deleted in its
				entirety.
xiii. Section 106, Fees, shall
				be deleted in its entirety.
xiv. Section
				107, Inspections, shall be deleted in its entirety.
xv. New Section 108.7, Listed or labeled, shall be
				inserted, as follows:
" 108.7 Listed or labeled.
				Any material, equipment, or system listed or labeled for the purpose to which it is
				applied shall be used, operated and maintained in accordance with that listing or
				labeling in addition to this subchapter's requirements."
xvi. New Section 108.8, Listing approval, shall be
				inserted, as follows:
" 108.8 Listing Approval. The
				fire official is authorized to require replacement of any service, material,
				equipment or device subject to this code that is the subject of either a voluntary
				or mandatory recall under state or federal law. Any service, material, equipment or
				device that is the subject of such recall shall not be deemed in compliance with any
				provision of this code requiring the service, material, equipment or device to be
				listed."
xvii. Section 109,
				Board of Appeals, shall be deleted in its entirety.
xviii. Section 110, Violations, shall be deleted
				in its entirety.
xix. Section 111,
				Unsafe buildings, shall be deleted in its entirety.
xx. Section 112, Stop work order, shall be deleted
				in its entirety.