Bill Text: NJ A3848 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes residential fire extinguisher requirement optional at municipal level.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-22 - Introduced, Referred to Assembly Housing and Local Government Committee [A3848 Detail]
Download: New_Jersey-2010-A3848-Introduced.html
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Makes residential fire extinguisher requirement optional at municipal level.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning residential fire safety, amending and supplementing P.L.1991, c.92.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.92 (C.52:27D-198.1) is amended to read as follows:
1. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.
[Each] If required pursuant to municipal ordinance, each structure, used or intended for use for residential purposes by not more than two households other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). For the purposes of this section, "portable fire extinguisher" means an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.
This section shall not be enforced except pursuant to sections 2 and 3 of P.L.1991, c.92 (C.52:27D-198.2 and 52:27D-198.3).
(cf: P.L.2005, c.71, s.1)
2. Section 2 of P.L.1991, c.92 (C.52:27D-198.2) is amended to read as follows:
2. a. In any case where a change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no such certificate shall issue until the municipal officer or agency responsible for its issuance has determined that the building is equipped with an alarm device or devices and, if required by municipal ordinance, a portable fire extinguisher as required by section 1 of P.L.1991, c.92 (C.52:27D-198.1).
b. In the case of change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) to which the provisions of subsection a. of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the relevant enforcement agency under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) a certificate evidencing compliance with the requirements of P.L.1991, c.92 (C.52:27D-198.1 et seq.). The local governing body having jurisdiction over the said enforcing agency or, where the Bureau of Fire Safety is the enforcing agency, the Commissioner of Community Affairs shall establish a fee which covers the cost of inspection and of issuance of the certificate.
(cf: P.L.2005, c.71, s.2)
3. Section 3 of P.L.1991, c.92 (C.52:27D-198.3) is amended to read as follows:
3. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of P.L.1991, c.92 (C.52:27D-198.1 et seq.) when the premises do not comply with the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1), or without complying with the inspection and certification requirements of section 2 of P.L.1991, c.92 (C.52:27D-198.2), shall be subject to a fine of not more than $500.00 in the case of a violation for an alarm device, or a fine of not more than $100 in the case of a violation for a portable fire extinguisher, if so required pursuant to municipal ordinance, which may be collected and enforced by the local enforcing agency as defined in subsection g. of section 5 of P.L.1983, c.383 (C.52:27D-196) by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2005, c.71, s.3)
4. (New section) a. A municipal governing body may adopt an ordinance requiring structures, other than seasonal rental units, located within that municipality, which structures are used or intended for use for residential purposes by not more than two households, to be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to section 1 of P.L.1991, c.92 (C.52:27D-198.1).
b. A municipality adopting an ordinance pursuant to this section shall notify the Director of the Division of Fire Safety within the Department of Community Affairs of the adoption thereof and the effective date of the ordinance.
c. The Division of Fire Safety shall maintain an accessible database listing the municipalities that have adopted an ordinance pursuant to this section, and the effective date of each ordinance so adopted.
5. This act shall take effect on the first day of the second month next following enactment.
STATEMENT
This bill would make the provisions of P.L.2005, c.71, which imposed a requirement that all single family and two family residences be equipped with fire extinguishers, inoperative unless the municipal governing body of a municipality chooses to adopt an ordinance making the requirement applicable within that municipality. Since enactment of this law, many fire code officials have expressed concerns that possession of a fire extinguisher sometimes encourages a resident to choose to fight a fire rather than to flee the premises. The bill functions to make the provisions of P.L.2005, c.71 inoperative unless a local governing body chooses to make the law operative in its municipality.
The bill also requires that if a municipality adopts an ordinance pursuant to the bill, it must notify the Director of the Division of Fire Safety within the Department of Community Affairs of that adoption, and the effective date of the ordinance.
The bill directs the Division of Fire Safety to maintain an accessible database listing the municipalities that have adopted ordinances requiring structures to be equipped with a fire extinguisher and setting forth the effective date of each ordinance so adopted.
