ASSEMBLY, No. 1455

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

Assemblyman  VINCENT PRIETO

District 32 (Bergen and Hudson)

 

 

 

 

SYNOPSIS

     Requires State firewarden to consult with local fire department commander upon arrival at scene of wildfire.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning firewardens and local fire departments and amending R.S.13:9-15.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S. 13:9-15 is amended to read as follows:

     13:9-15. a.  Firewardens shall be trained law enforcement officers and shall enforce the laws of this State for the protection of forests from wildfire.  They shall have control and direction of all persons and apparatus engaged in extinguishing fires in forests.  They may plough lands or set back fires to check any fire.  They may summon any person between the ages of 18 and 50 years, living or being within their jurisdiction, to assist in extinguishing fires, and may require the use of any property needed for such purpose.  No physically fit person so summoned shall refuse or neglect to assist, nor shall any person refuse the use of any property, equipment or material required.

     b.  Whenever a firewarden arrives on the scene of a wildfire, and the local paid, part-paid, or volunteer fire department is present at the scene, the firewarden shall seek out and consult with the local fire department commander on the scene, who shall apprise the firewarden of the situation.  This requirement does not revoke, repeal, or otherwise negate the firewarden's authority as the incident commander, as defined  in section 3 of P.L.2003, c.28 (C.52:14E-13), upon arrival at the scene.

(cf: P.L.1981, c.369, s.21)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires State firewardens to obtain a situation report from the local fire department whenever the firewarden arrives on the scene of a wildfire to which the local fire department has already responded.  Under the bill the local fire department commander on the scene would apprise the firewarden of the situation.  The firewarden would be the overall incident commander at the scene.  It is vital that the State firewarden understand the situation at the scene prior to issuing orders, and this bill clarifies that it is the obligation of the State firewarden to seek out the local department commander on the scene for a briefing on the situation, without impairing the authority of the firewarden as the overall incident commander.