The Department of Community Affairs proposes a new rule at N.J.A.C. 5:70-2.23 to expand the
existing Uniform Fire Code (N.J.A.C. 5:70) and to implement Section 2 of P.L. 2003, c.211
(N.J.S.A. 52:27D-198.14). The proposed new rule would establish specifications for key boxes that
municipalities, by ordinance, may require owners to install on buildings, structures, or premises or
portions thereof to which firefighter access is restricted due to secured openings, or where
immediate access is made necessary by the activation of an automatic fire alarm or suppression
system or for any life-saving or firefighting purposes. To insure a fire department or fire company
only uses one key box key, the enabling ordinance would specify the make and model of key box
for use throughout the jurisdiction. A key box would not be required (1) if the building or structure
is occupied 24 hours per day, seven days per week by responsible personnel who have access to all
areas of the premises or (2) in residential occupancies containing no elevator, no locked common
areas and/or having no master key capability. The key box would have to be listed, would need a monitored anti-tampering switch if an existing, monitored alarm system is available, and would
contain the keys necessary to provide firefighter access to elevators without standardized fire recall
keys and to all portions of the premises. Within 90 days of receipt of a notice from a fire official to
do so, an owner would have to install a key box in a lighted location on the exterior of the premises
at least six feet above adjacent grade. At the time of installation, key box keys shall be provided to
the chief of the fire company or department having jurisdiction who would have to establish
procedures for safeguarding the key and key box system.
The Department would also include a definition for fire company in N.J.A.C. 5:70-1.5 to make it
clear that the fire company referred to in the proposed new rule is the fire company discussed
throughout the Uniform Fire Code. This would eliminate the possibility that company officers in
larger paid departments would believe that owners would have to provide them as well as the
department chief with key box keys.
Since a 60-day comment period is provided for this proposed new rule and amendment, they are
excepted from the rulemaking calendar requirements, pursuant to N.J.A.C. 1:30-3.3(a)5.


Social Impact
The proposed new rule and amendment would have a positive social impact since they would
enable emergency service personnel to have immediate access to restricted areas for the purpose of
life-saving or fire-fighting, they would allow safe entry without force or injury to firefighters, and
they would lessen the time needed to respond to false alarms.

Economic Impact
A basic key box would cost less than $200.00 with additional costs for monitored, anti-tampering
switches for premises with existing, monitored alarm systems. The total costs would vary depending
on the size of the owners operation and the complexity of the key box system owners wish to
install.
If a fire company or its municipality decided to purchase a system for securing master keys, that
system and its procedures could be implemented for less than $500.00.
There would be a reduction in costs associated with forced entries and false alarm responses.

Federal Standards Statement
A Federal standards analysis is not necessary since the new and amended rules are not being
proposed under the authority of, or in order to implement, comply with or participate in any
program established under, Federal law or a State law that incorporates or refers to Federal law,
standards, or requirements.

Jobs Impact
The Department does not anticipate that this proposed amendment and new rule would have any
impact on the number of jobs in the State.
Agriculture Industry Impact
The Department does not anticipate that this proposed amendment and new rule would have any
significant impact on the agriculture industry; however, some farm buildings, structures or premises
may be required, by municipal ordinance, to install key boxes.

Regulatory Flexibility Analysis
The proposed amendment and new rule would not impose any reporting or recordkeeping burden
upon small businesses as defined in the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-
16 et seq.; however, they would impose compliance requirements on property owners, fire
companies, and fire departments, including those that would qualify as small businesses. Property
owners would have to install and maintain key boxes, and fire companies and fire departments
would have to establish procedures for safeguarding the key box system. Since the proposed
amendment and new rule are intended to protect public safety, it would be inappropriate to require a
lesser standard of compliance from such small business entities.
The professional services of alarm, fire or other contractors may be necessary to tie some key boxes
with anti-tampering switches into monitored alarm systems.

Smart Growth Impact
The Department does not anticipate that the proposed amendment and new rule would have any
impact on the achievement of smart growth in the State or the implementation of the State
Development and Redevelopment Plan.
Full text of the proposal follows :

5:70-1.5 Definitions
The following terms shall have the meaning indicated except where the context clearly requires
otherwise. All definitions found in the Uniform Fire Safety Act, P.L. 1983, c.383, N.J.S.A. 52:27D-
192 et seq., shall be applicable to this chapter. Where a term is not defined in this section or in the
Uniform Fire Safety Act, then the definition of that term in the Uniform Construction Code at
N.J.A.C. 5:23-1.4 shall govern.
...

Fire company means a private volunteer organization established for the purpose of fighting
fires.
...


5:70-2.23 Key boxes
(a) When authorized by a municipal ordinance, owners of buildings, structures, or premises
or portions thereof to which firefighter access is restricted due to secured openings, or where
immediate access is made necessary by the activation of automatic fire alarm or suppression systems or for any life-saving or fire fighting purposes, may be required by the fire official to
install a key box.
1. Key boxes shall not be required for premises that are occupied 24 hours per day, seven days
per week by on-duty, responsible, immediately available personnel who have access to all
areas of the premises.
2. Key boxes shall only be required in residential occupancies to provide access to elevators
without standardized keys, locked common areas and portions of the premises accessible to
maintenance personnel having master keys.
3. For consistency and to insure the fire department or fire company has to use only one key,
the municipal ordinance shall specify the make and model of key box to be installed by
owners.
(b) The key box shall be listed and shall contain the keys necessary to provide firefighter
access to elevators without standardized fire recall keys and to all portions of the premises.
© The key box shall be installed in a lighted location on the premises at least six feet above
adjacent grade or as otherwise directed by the fire official.
(d) The key box shall be provided with a monitored, anti-tamper switch in all premises with
an existing, monitored alarm system.
(e) Owners shall install key boxes within 90 days of receipt of notice to do so from the fire
official.
(f) Upon installation, owners shall provide key box keys to the chief of the fire department or
fire company having jurisdiction.
(g) Each fire chief with access to a key box key shall adopt procedures for protecting the
integrity and security of the master keys system which allows access to key boxes within his or
her jurisdiction. Procedures shall include, but not be limited to:
1. A definition of authorized uses and users of the system;
2. Specific means of access to the system;
3. Protection against unauthorized or uncontrolled use of master keys or master key systems;
4. Secure storage systems for master keys;
5. A system for release and control of master keys from a central dispatch location;
6. The recording of individuals having access to the master key, including date, time and
location of access; and
7. Protections and safeguards against unauthorized duplication of master keys or access
systems.