Bill Text: NJ A4071 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires fire suppression and alarm systems in certain group homes.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2015-01-12 - Introduced, Referred to Assembly Human Services Committee [A4071 Detail]
Download: New_Jersey-2014-A4071-Introduced.html
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Co-Sponsored by:
Assemblyman Green
SYNOPSIS
Requires fire suppression and alarm systems in certain group homes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning group homes, supplementing Title 30 of the Revised Statutes, and amending P.L.2000, c.56.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 1 through 4 of this act:
"Commissioner" means the Commissioner of Human Services.
"Common area" means the areas within a group home that are normally accessible to all residents, including, but not limited to, the hallways and living, dining and kitchen areas.
"Group home" means a community residence for the developmentally disabled or mentally ill licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et. seq.), a community residence for the terminally ill as defined in section 2 of P.L.1978, c.159 (C.40:55D-66.2), or a community residence licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) in which a person with traumatic brain injury, as defined in 42 U.S.C. s.280b-1c, resides, which has an approved service contract or an affiliation agreement with an agency or department of this State; except that group home shall not mean an apartment, townhouse, or condominium unit, whether newly constructed or converted, unless the construction or conversion of the entire structure is for the sole purpose of providing housing for persons with a developmental disability, mental illness, terminal illness, or traumatic brain injury.
2. (New section) Notwithstanding any law, rule or regulation to the contrary, a group home constructed, or a residential or commercial structure converted into a group home, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with an automatic residential fire suppression system and a fire alarm protection system in their common areas and bedrooms.
3. (New section) The commissioner, in consultation with the Commissioner of Community Affairs, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules as may be necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), including rules that prioritize, at the discretion of the commissioner, group homes for installation of automatic residential fire suppression systems and fire alarm protection systems. The rules may include exemption from the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) for any group home that may be determined to not warrant the level of protection provided in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) based on the fire hazard risk.
4. (New section) The State Treasurer, after consultation with the commissioner, shall have the authority to apply State funds otherwise available to State departments, agencies, or instrumentalities for the purpose of securing compliance with the requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
5. Section 9 of P.L.2000, c.56 (C.52:27D-198.12) is amended to read as follows:
9. A municipal authority or water utility shall not impose standby fees for any new fire protection system required to be installed pursuant to the provisions of section 3 of P.L.2000, c.56 (C.52:27D-198.9) or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2000, c.56, s.9)
6. This act shall take effect immediately.
STATEMENT
This bill requires the installation of automatic residential fire suppression systems and fire alarm protection systems in the common areas (including, but not limited to, the hallways and living, dining, and kitchen areas) and bedrooms of group homes in this State that are constructed or converted into a group home on or after the effective date of the bill. The bill defines "group home" to mean a licensed community residence for the developmentally disabled or mentally ill, community residence for the terminally ill, or community residence in which a person with traumatic brain injury resides, which has an approved service contract or an affiliation agreement with a State agency or department; and excludes from that definition an apartment, townhouse, or condominium unit, whether newly constructed or converted, unless the construction or conversion of the entire structure is for the sole purpose of providing housing for persons with a developmental disability, mental illness, terminal illness, or traumatic brain injury.
The Commissioner of Human Services, in consultation with the Commissioner of Community Affairs, is to adopt rules pursuant to the "Administrative Procedure Act," as necessary to implement the provisions of the bill, including rules that may exempt from the requirements of the bill any group home that may be determined to not warrant the level of protection provided in this bill based on the fire hazard risk.
The bill provides the State Treasurer with the authority, after consultation with the Commissioner of Human Services, to apply State funds otherwise available to State departments, agencies, or instrumentalities for the purpose of securing compliance with the requirements established pursuant to this bill.
Finally, the bill amends section 9 of P.L.2000, c.56 (C.52:27D-198.12) to prohibit a municipal authority or water utility from imposing standby fees for any new fire protection system required to be installed pursuant to this bill, thereby providing for charges only for the costs of services actually used.
