New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.7 - Permits required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Permits shall be required and obtained from
				the local enforcement agency for the activities specified in this section, except
				where they are an integral part of a process or activity by reason of which the use
				is required to be registered and regulated as a life hazard use. Permits shall, at
				all times, be kept in the premises designated therein and shall at all times be
				subject to inspection by the fire official.
1.
				Type 4 permits shall not be required when the storage or activity is incidental or
				auxiliary to the agricultural use of a farm property.
2. In a public or private K-12 educational
				building, or in a camp accommodating six or more children of school age, when such
				uses are registered as life hazard uses, no permit shall be required for activities
				which are consistent with the designed and intended use of the building or premises
				or part thereof.
3. Type 1 permit:
i. Bonfires;
ii. The use of a torch or flame-producing device
				to remove paint from, or seal membrane roofs on, any building or
				structure;
iii. The occasional use of
				any non-residential occupancy other than Use Groups F, H, or S for group overnight
				stays of persons over 2 1/2 years of age, in accordance with
				N.J.A.C.
				5:70-3, the State Fire Prevention Code, Section
				403.15;
iv. Individual portable kiosks
				or displays when erected in a covered mall for a period of less than 90 days, and
				when not covered by a Type 2 permit;
v.
				The use of any open flame or flame-producing device, in connection with any public
				gathering, for purposes of entertainment, amusement, or recreation;
vi. 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 a type B life hazard use;
vii. The possession or use of explosives or
				blasting agents, other than model rocketry engines regulated under N.J.A.C.
				12:194;
viii. The use of any open flame
				or flame-producing device in connection with the training of non-fire service
				personnel in fire suppression or extinguishment procedures;
ix. The occasional use in any building of a
				multipurpose room, with a maximum permitted occupancy of 100 or more for amusement,
				entertainment or mercantile type purposes.
x. The storage or handling of class I flammable
				liquids in closed containers of aggregate amounts of more than 10 gallons, but not
				more than 660 gallons inside a building, or more than 60 gallons, but not more than
				660 gallons outside a building.
xi. The
				storage or handling of class II or IIIA combustible liquids in closed containers of
				aggregate amounts of more than 25 gallons, but not more than 660 gallons inside a
				building, or more than 60 gallons, but not more than 660 gallons outside a
				building.
xii. Any permanent cooking
				operation that requires a suppression system in accordance with
				5:70-4.7(g)  and is not
				defined as a life hazard use in accordance with
				5:70-2.4.
xiii. The use as a place of public assembly, for a
				total of not more than 15 days in a calendar year, of a building classified as a
				commercial farm building under the Uniform Construction Code.
xiv. The temporary use of any building or portion
				thereof as a special amusement building for a total of not more than 15 days in a
				calendar year.
(1) Use of a building or portion
				thereof as a special amusement building for a longer period shall require the
				issuance of a certificate of occupancy, pursuant to the Uniform Construction Code
				(N.J.A.C. 5:23), for the new use.
(2)
				Permits issued pursuant to this section shall require compliance with the
				requirements for special amusement buildings at
				5:70-4.16.
xv. The erection, operation, or maintenance of any
				tent, tensioned membrane structure, or canopy, excluding those used for recreational
				camping purposes, that meets the criteria in (a)3xv(1) or (2) below shall require a
				Type 1 permit. Tents, tensioned membrane structures, or canopies greater than 16,800
				square feet in area or greater than 140 feet in any dimension, whether one unit or
				composed of multiple units; remaining in place for more than 180 days; used or
				occupied between December 1 and March 31; having a permanent anchoring system or
				foundation; or containing platforms or bleachers greater than 11 feet in height
				shall be subject to the permitting requirements of the Uniform Construction Code
				(5:23-2.14).
(1) The tent, tensioned membrane structure, or
				canopy is greater than 900 square feet or more than 30 feet in any dimension whether
				it is one unit or composed of multiple units, but 16,800 square feet or less in area
				and 140 feet or less in any dimension, whether it is one unit or composed of
				multiple units.
(2) The tent, tensioned
				membrane structure, or canopy contains platforms or bleachers 11 feet or less in
				height;
xvi. The erection,
				operation, or maintenance of any outdoor combustible maze shall require a Type 1
				permit if the outdoor combustible maze is less than six feet in height and does not
				contain electrical equipment. Outdoor combustible mazes that are six feet or greater
				in height or contain electrical equipment shall be subject to the permitting
				requirements of
5:23-2.14
.
(1)
				For the purposes of applying this requirement, an outdoor combustible maze is an
				attraction that lacks a roof and is designed to disorient patrons, reduce vision,
				present barriers, or otherwise impede the flow of traffic and does not consist
				solely of living rooted plants such as corn stalks or trees, but includes mazes
				created from plants that have been cut and attached to an object to support them.
(A) Mazes consisting solely of living, rooted
				plants, such as corn stalks or trees, may be repaired using cut, replacement plants
				that are otherwise the same as those of which the maze is created without the need
				for a permit.
(B) No permit shall be
				required for mazes up to 42 inches in height created of bales of hay or
				straw;
xvii. The use
				of any Group A-3 use, place of worship, as a shelter with a maximum permitted
				occupant load of 14 persons, for 14 or fewer consecutive days, for not more than 49
				days in a year in accordance with Section 408.15 of the State Fire Prevention
				Code;
xviii. Unoccupied or vacant
				building or structure 2,500 square feet or more, but less than 12,000 square feet,
				in gross floor area; or
xix. Mobile or
				temporary food preparation activities, where open flame or flame-producing devices
				or appliances are used, or grease-laden vapors are produced.
4. Type 2 permit:
i. Bowling lane resurfacing and bowling pin
				refinishing involving the use and application of flammable liquids or
				materials;
ii. Fumigation or thermal
				insecticide fogging;
iii. Carnivals and
				circuses employing mobile enclosed structures used for human occupancy;
iv. The use of a covered mall in any of the
				following manners:
(1) Placing or constructing
				temporary kiosks, display booths, concession equipment or the like in more than 25
				percent of the common area of the mall;
(2) Temporarily using the mall as a place of
				assembly;
(3) Using open flame or flame
				devices;
(4) Displaying liquid or gas
				fuel powered equipment; or
(5) Using
				liquefied petroleum gas, liquefied natural gas, or compressed flammable gas in
				containers exceeding five pound capacity;
v. Storage outside of buildings of LP-gas
				cylinders or other compressed gas containers when part of a cylinder exchange
				program;
vi. Unoccupied or vacant
				buildings or structures 12,000 square feet or more, but less than 100,000 square
				feet, in gross floor area;
vii. The use
				of any building, or portion thereof, previously registered as a Life Hazard Use for
				mercantile purposes on a temporary basis.
(1)
				Exception: No permit shall be required for any mercantile use registered as a Life
				Hazard Use; or
viii. The
				storage or retail sales of sparkling devices and novelties in any temporary or
				permanent structure, when the pyrotechnic content exceeds 125 pounds; as defined in
				Section 202, and shall comply with Section 5609, and NFPA 1124.
5. Type 3 permit:
i. Industrial processing ovens 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;
ii. Wrecking yards, junk yards, outdoor used tire
				storage, waste material handling plants, and outside storage of forest products not
				otherwise classified;
iii. The storage,
				handling, or discharging of fireworks; or
iv. Unoccupied or vacant buildings or structures
				100,000 square feet or more in gross floor area.
6. Type 4 permit:
i. Storage or use at normal temperature and
				pressure of more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic
				feet of nonflammable compressed gas;
ii.
				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 nonflammable, non-toxic cryogenic
				liquids;
iii. The storage, handling, and
				processing of flammable, combustible, and unstable liquids in closed containers and
				portable tanks in aggregate amounts of more than 660 gallons;
iv. To store or handle (except medicines,
				beverages, foodstuffs, cosmetics, and other common consumer items, when packaged
				according to commonly accepted practices):
(1)
				More than 55 gallons of corrosive liquids;
(2) More than 500 pounds of oxidizing
				materials;
(3) More than 10 pounds of
				organic peroxides;
(4) More than 500
				pounds of nitromethane;
(5) More than
				1,000 pounds of ammonium nitrate;
(6)
				More than one microcurie of radium not contained in a sealed source;
(7) More than one millicurie of radium or other
				radiation material in a sealed source or sources;
(8) Any amount of radioactive material for which a
				specific license from the Nuclear Regulatory Commission is required; or
(9) More than 10 pounds of flammable
				solids.
v. The melting,
				casting, heat treating, machining or grinding of more than 10 pounds of magnesium
				per working day.
7. Type 5
				permit:
i. (Reserved)