West Orange City Zoning Code
§ 25-40.3
Requirement for Installation and Maintenance of Smoke-Sensitive Alarm Devices and Portable Fire Extinguishers in All Dwelling Units.
[Ord. No. 2357-12 § 25-40.3]
a.
Definitions. Whenever the following terms are used in this section, they shall have the meanings respectively ascribed to them by this section as follows:
APPROVED RATING ORGANIZATION
Shall mean any of the following: Underwriters Testing Laboratories (UL), Factory Mutual Research Corporation, National Bureau of Standards or National Fire Protection Association Standard Number 72-1996 Edition, National Fire Alarm Code.
CARBON MONOXIDE ALARM
Shall mean an instrument approved by an Approved Rating Organization for the detection of carbon monoxide.
DWELLING UNIT(S)
Shall mean any building, structure or portion thereof including but not limited to single and two-family residences.
ENFORCING AGENCY
Shall mean the municipal department or agency which has been authorized to enforce provision of this section.
FIRE OFFICIAL
Shall mean the Fire Code Official of the Township who is employed to enforce the Uniform Fire Safety Act.
PORTABLE FIRE EXTINGUISHER
Shall mean an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency.
SEASONAL RENTAL UNIT
Shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.
SMOKE SENSITIVE ALARM DEVICE
Shall mean an instrument approved by an Approved Rating Organization for detection of combustion produced by burning or smoldering materials.
b.
Smoke-Sensitive Alarm Devices.
1.
A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.
2.
When it is necessary to install the smoke detector on the wall, it shall be installed with the top edge of the detector between four and 12 inches from the ceiling.
3.
In buildings of more than two households which are not required to comply with the requirements set forth in State and local requirements, smoke-sensitive alarm devices shall be installed at the highest point in every stairway and a least one on every floor.
4.
This section does not amend or alter requirements of the New Jersey Uniform Fire Safety Code and Building Code for installation and maintenance of smoke-sensitive alarm devices in the common areas of multiple family dwellings.
5.
All smoke-sensitive alarm devices required hereunder shall bear a seal, tested and listed by an Approved Rating Organization and shall comply in design to all applicable State, Federal or industrial requirements.
c.
Portable Fire Extinguishers. Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedures Act."
d.
Requirement for Installation and Maintenance of Carbon Monoxide Alarms in All Dwelling Units. Carbon monoxide alarms shall be installed in all dwelling units within the Township of West Orange except for those dwelling units that do not contain any fuel-burning appliances and that do not have an attached garage. The carbon monoxide alarms shall be installed and maintained in the immediate vicinity of the sleeping area(s) within the dwelling units.
Carbon monoxide alarms may be battery operated, hard-wired or of the plug-in type and shall be listed and labeled in accordance with UL-2034 and shall be installed in accordance with the requirements of N.J.A.C. 5:70-4.19, NFPA-720, and the Uniform Fire Code of New Jersey.
e.
Enforcement. Enforcement of this section shall be performed by either the Fire Official, the Construction Official or the Zoning Official who shall all qualify as enforcing agencies.
f.
Audible Signal. Upon activation, all smoke-sensitive alarm devices and carbon monoxide alarms shall provide an audible alarm, which is to be distributed and have such character so that they can be heard in all rooms of the dwelling unit with its doors closed. The audible signals shall be distinctive from other audible signaling devices that may be used for other purposes in a dwelling unit. Smoke-sensitive alarm devices and carbon monoxide alarms shall be designed for and shall be capable of self-restoration or manual restoration to normal conditions for operation. No provisions shall be made for deactivation of the audible alarms other than by reactivation of the system.
g.
Responsibility of Owner. The owner of any structure shall be responsible for the maintenance and replacement of the smoke-sensitive alarm device(s) and carbon monoxide alarm(s) required by this section. However, the tenant shall be responsible for the periodic testing of the smoke-sensitive alarm device(s) and carbon monoxide alarm(s) to insure that they are operational during the term of such tenancy. In the event of any defective smoke-sensitive alarm device or carbon monoxide alarm, the tenant shall notify the owner within 24 hours. Each owner shall thereafter be responsible to repair or replace the defective smoke-sensitive alarm device or carbon monoxide alarm within five days of being notified that same is defective. Failure to correct the defective smoke-sensitive alarm device or carbon monoxide alarm within five days after notification shall constitute a violation of this section.
