N.J. Admin. Code § 5:71-3.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:71-3.7 - Forms; logs; reports

(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.

N.J. Admin. Code § 5:71-3.7

Amended by 50 N.J.R. 771(a), effective 2/5/2018

Amended by 56 N.J.R. 553(b) effective 4/15/2024