Current through Register Vol. 56, No. 18, September 16, 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.
2.
Notice of violation and order to correct:
i.
When an enforcing agency discovers a violation of the Uniform Fire Code upon
inspection of a building, structure or premises, the enforcing agency shall
issue and cause to be served on the owner of the building, structure or
premises a written notice and order requiring the owner to terminate, or cause
to be terminated, the violation. The notice and order shall contain or be
accompanied by a written statement of the owner's right to appeal.
ii. The notice of violation and order to
correct shall include, but not be limited to, the following information:
(1) The name of the premises or facility
subject to inspection;
(2) The
street address of the premises or facility subject to inspection;
(3) The name of the owner;
(4) The date;
(5) The name of the inspector;
(6) The registration number, if
applicable;
(7) The telephone
number of the premises or facility subject to inspection;
(8) The owner or agent name;
(9) The life hazard use classification, if
applicable;
(10) An enumeration of
sanctions for noncompliance as set forth at
5:70-2.12 and 2.12A;
(11) A fire official signature (this may be a
preprinted signature countersigned by a fire inspector);
(12) The means by which the document was
served on the owner;
(13)
Administrative appeal rights, as set forth in
5:70-2.19;
(14) The manner in which time extensions may
be requested; and
(15) An order to
correct.
3.
Fire Code Violations
i. The fire code
violations form shall be used to state the nature of the violation, the
specific location, the appropriate Uniform Fire Code citation, the action
required to abate, and the abatement date or time.
ii. The fire code violations form shall
include, but not be limited to, the following information:
(1) The name of the premises or facility
subject to inspection;
(2) The
street address of the premises or facility subject to inspection;
(3) The name of the owner or agent;
(4) The date;
(5) The name of the inspector;
(6) The registration number, if
applicable;
(7) A numerical listing
of violations;
(8) The location of
each violation;
(9) A description
of each violation;
(10) Citation to
each violated Uniform Fire Code section;
(11) The action required to abate each
violation;
(12) The abatement date
or dates; and
(13) The
re-inspection date(s) and re-inspector's
initials.
4.
Order to pay penalty and abate violations:
i.
This order shall be used after an owner has been given notice of the existence
of a violation and fails to abate it. The enforcing agency may assess, and
collect penalties to ensure compliance. The order specifies monetary penalty
amounts, dedicated penalty amounts and times in which to comply after which
additional penalties may be assessed.
ii. The order to pay penalty and abate
violations shall include, but not be limited to, the following information:
(1) The name of the premises or facility
subject to inspection;
(2) The
street address of the premises or facility subject to inspection;
(3) The name of the owner or agent;
(4) The date;
(5) The registration number;
(6) The date of service of the Notice of
Violation and Order to Correct;
(7)
A reference to the penalty provisions of the Act;
(8) An enumeration of unabated
violations;
(9) The penalty amount,
in accordance with
5:70-2.12;
(10) The penalty amount, in accordance with
5:70-2.12A;
(11) The total penalty amount;
(12) The abatement date;
(13) The date by which the penalty must be
paid;
(14) The name of the agency
to which penalty must be made payable;
(15) Administrative appeal rights, as set
forth in 5:70-2.19; and
(16) A fire official signature.
5. Request for time
extension:
i. In order for the enforcing
agency to grant an extension of time, the owner must submit a request in
writing.
ii. The request for time
extension shall include, but not be limited to, the following information:
(1) The business name;
(2) The business address;
(3) The street address;
(4) The registration number, if
applicable;
(5) The work which has
been accomplished;
(6) The work
that remains;
(7) The reason why
additional time is necessary;
(8)
The proposed date for completion;
(9) The following statement: "Pursuant to
5:70-2.10(d)2, an
application for extension of time shall be deemed to be an admission that the
Notice of Violation is factually and procedurally correct and that the
violations do or did exist.";
(10)
The date submitted;
(11) The
owner's or agent's signature;
(12)
A fire official signature; and
(13)
The new compliance date established by the fire
official.
6.
Order to pay penalty/recurring violation:
i.
This form shall be used when a Uniform Fire Code violation has been observed
within two years from the date that a previous notice was served and the
violation, premises and responsible party are substantially the same.
ii. The order to pay penalty/recurring
violation shall include, but not be limited to, the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
date;
(4) The registration number,
if applicable;
(5) Citation to the
penalty provisions of the Uniform Fire Code and Uniform Fire Safety
Act;
(6) A numerical listing of
violations;
(7) The reference date
on which previous violations were issued;
(8) The penalty amount, in accordance with
5:70-2.12;
(9) The dedicated penalty amount, in
accordance with
5:70-2.12A;
(10) The total penalty amount;
(11) Administrative appeal rights, as set
forth in 5:70-2.19;
(12) The abatement date;
(13) The date by which the penalty must be
paid;
(14) The name of the agency
to which penalty payment is to be made; and
(15) A fire official signature.
7. Notice of imminent
hazard and orders to take corrective action:
i. If, upon an inspection of a building,
structure or premises, the enforcing agency discovers a violation of the
Uniform Fire Code that constitutes an imminent hazard to the health, safety or
welfare of the occupants, or intended occupants, firefighters, or the public
generally, the enforcing agency shall issue and cause to be served on the owner
of the building, structure or premises a written order directing that the
building, structure or premises be vacated, closed or removed forthwith or that
the violation be corrected within the period specified in the order. The order
shall state the nature of the violation and the date and hour by which the
building, structure or premises shall be vacated, closed or removed or the
violation shall be abated.
ii. The
notice of imminent hazard and orders to take corrective action shall include,
but not be limited to, the following:
(1) The
name of the premises or facility;
(2) The physical address of premises or
facility;
(3) The date;
(4) The registration number, if
applicable;
(5) Information
concerning the nature of the hazard;
(6) The time and date to vacate
premises;
(7) The time and date to
close premises;
(8) The time and
date to remove hazardous condition;
(9) Administrative appeal rights;
and
(10) A fire official
signature.
8.
Punitive Closing Order:
i. If an enforcing
agency finds a violation of the provisions of the Uniform Fire Code in a life
hazard use to be willful or grossly negligent, or to be in violation of a
previously issued order, and to constitute a clear danger to human life, in
addition to ordering the building, structure or premises vacated and closed
until the violation is abated, the enforcing agency may order the building,
structure or premises to remain vacated and closed for a further period not to
exceed 60 days and until such time as a certificate of continued occupancy,
issued pursuant to the Uniform Construction Code, shall be obtained by the
owner.
ii. The Punitive Closing
Order shall include, but not be limited to, the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
registration number, if applicable;
(4) The date;
(5) The reason for issuing the punitive
closing order, as contained in (b)8i above;
(6) The number of days the premises or
facility must remain closed;
(7)
Administrative appeal rights; and
(8) A fire official
signature.
9.
Certificate of fire code status:
i. Upon
request of the owner, contract purchaser, transferee or the authorized agent of
any of them, the enforcing agency having jurisdiction over the premises shall
issue a certificate either indicating that violations exist or that fees and/or
penalties remain outstanding according to its records, or which states that its
records indicate that no violations remain unabated and no penalties or fees
remain unpaid. Upon request, the agency shall provide copies of the violations
list and penalty orders.
ii. The
certificate of fire code status shall include, but not be limited to, the
following information:
(1) The name of the
premises or facility;
(2) The
street address of the premises or facility;
(3) The registration number, if
applicable;
(4) The date;
(5) The nature and number of unabated
violations;
(6) The amount of
outstanding penalties and registration fees; and
(7) A fire official signature.
10. Variance request.
i. Upon the application of a property owner
or lessee with the consent of the owner, the fire official may grant a variance
from the requirements of a regulation or standard adopted pursuant to the
Uniform Fire Code; provided, however, that no variance shall be granted unless
it is determined that strict compliance would result in practical difficulty
and that the variance, if granted, would not unreasonably jeopardize the safety
of the occupants or intended occupants, firefighters or the public
generally.
ii. An application for a
variance shall be made in writing, shall be filed with the fire official, and
shall set forth the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
date;
(4) Information reflecting
the requirements set forth at
5:70-2.14(b)1
through 4; and
(5) A statement
indicating 30-day time period in which fire official is required to respond to
variance request.
11. Inspection certificate:
i. Upon completion of a required inspection,
the enforcing agency shall issue a certificate of inspection. A certificate of
inspection shall not be issued until all violations cited have been corrected
and any outstanding fees and penalties paid or otherwise satisfied. The
certificate of inspection shall be posted by the owner of the use in a
conspicuous location therein.
ii.
The inspection certificate shall contain, but not be limited to, the following
information:
(1) The name of the local
enforcing agency;
(2) The
date;
(3) The name of the premises
or facility;
(4) The street address
of the premises or facility;
(5)
The registration number, if applicable;
(6) A statement indicating that the property
has been inspected in accordance with the Uniform Fire Safety Act and that it
satisfies the requirements of the Uniform Fire Code;
(7) Language indicating how long the
certificate remains valid;
(8) The
date of quarterly inspections, if any;
(9) A statement concerning penalties for an
owner's failure to post the certificate; and
(10) A fire official signature.
12. Application for
permit:
i. Permits shall be obtained from the
enforcing agency for the activities specified in
5:70-2.7.
ii. Application for permits shall be
accompanied by plans or drawings as required by the fire official for
evaluation of the application. Additionally, the application form shall
include, but not be limited to, the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
registration number, if applicable;
(4) Information indicating where the
permitted activity will occur;
(5)
The date(s) requested;
(6) The type
of permit;
(7) The applicant's
name;
(8) The applicant's mailing
address;
(9) The applicant's FAX
number, if applicable;
(10) The fee
amount; and
(11) A fire official
signature.
13.
Fire safety permit:
i. A permit shall
constitute permission to maintain, store or handle materials, or to conduct
processes which produce conditions hazardous to life or property, or to install
equipment used in connection with such activities in accordance with the
provisions of the Uniform Fire Code.
ii. The fire safety permit shall include, but
not be limited to, the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
registration number, if applicable;
(4) Information indicating where the
permitted activity will occur;
(5)
The permit type;
(6) The permit
fee;
(7) The permit expiration
date;
(8) The date of the
event;
(9) Permit conditions, if
any; and
(10) A fire official
signature (this may be a pre-printed signature countersigned by a fire
inspector).
14. Occupant load sign:
i. An assembly occupancy shall be posted with
an approved, legible sign in contrasting colors conspicuously located near the
main point of egress from the room or space stating the number of occupants
permitted within such room or space.
ii. The occupant load sign shall include, but
not be limited to, the following information:
(1) The name of the premises or
facility;
(2) The street address of
the premises or facility;
(3) The
registration number, if applicable;
(4) Specific room information or the name of
the room, if applicable;
(5) A
reference to the occupant load posting provision of the Uniform Fire
Code;
(6) A statement of applicable
sanctions or penalties to be assessed if the maximum permitted occupancy is
exceeded;
(7) The total number of
occupants (Note: Space may be provided on the form for the inclusion of
distinct occupant totals for any building space based upon various
configurations of use; such as, table-and-chairs, chairs only, or standing
room); and
(8) A fire official
signature.
(b) While local enforcing agencies may
determine their own format and may add content, they must ensure that the forms
listed at (a) above bear the same name or title as those used in this
section.
(c) Upon request, the
Division may provide a local enforcing agency with model forms, developed by
the Division, which may be modified for use by the local agency.
(d) The local enforcing agency shall ensure
that all enforcement actions, rulings, notices and orders issued by the local
enforcing agency contain the appropriate administrative appeal rights, as set
forth in 5:70-2.19, on the reverse or at
some other suitable location upon the form.
(e) The local enforcing agency shall insure
that all completed forms provide sufficient information to identify the agency.
At the minimum, each completed form shall include the name, address and
telephone number of the local enforcing agency having jurisdiction.
(f) The fire official shall maintain the
following logs and reports. He or she shall keep them open to Department review
and inspection during normal workday business hours.
Log No.
|
Name
|
FSL-100 |
Permit Fee Log |
FSL-125 |
Non-Life Hazard Use Fee and/or Inspection Log |
FSL-150 |
Life Hazard Use Fee Log |
FSL-175 |
Smoke Alarm Fee Log |
FSL-200 |
Penalty Collection Log |
Report No.
|
Name
|
FSL-250 |
Test Report, Fire Protection Systems (performed in
accordance with NFPA25, Standard for the Inspection, Testing, and Maintenance
of Water-Based Fire Protection Systems, in accordance with the State Fire
Prevention Code). |
FSL-275 |
Test Report, Fire Alarm System (performed in accordance
with NFPA 72, National Fire Alarm and Signaling Code, in accordance with the
State Fire Prevention Code). |
1. The fire
official shall maintain the required logs and reports using either forms of his
or her own design or model forms available from the
Division.
(g) Where
signatures are required, approved electronic signatures are
acceptable.