(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.
