Bill Text: NJ A4946 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires Director of Division of Fire Safety to promulgate regulations pertaining to training and duties of Junior Firefighter Auxiliary members.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-01-24 - Introduced, Referred to Assembly Homeland Security and State Preparedness Committee [A4946 Detail]
Download: New_Jersey-2018-A4946-Introduced.html
Sponsored by:
Assemblyman JOE HOWARTH
District 8 (Atlantic, Burlington and Camden)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Requires Director of Division of Fire Safety to promulgate regulations pertaining to training and duties of Junior Firefighter Auxiliary members.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning Junior Firefighter's Auxiliaries and amending various sections of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-95 is amended to read as follows:
40A:14-95. In any municipality or fire district in this State maintaining a [volunteer] fire department, or where there shall exist one or more incorporated [volunteer] fire companies affording fire protection to [said] the municipality or fire district [the] with membership [whereof are] serving under the jurisdiction of and with the consent of [said] the municipality or fire district, it shall be lawful for the governing body of [such] the municipality, or the board of commissioners of such fire district to provide, by ordinance or resolution, for the establishment of an auxiliary to any [such volunteer] fire department or company to be known as the Junior [Firemen's] Firefighter's Auxiliary.
(cf: P.L.1971, c.197, s.1)
2. N.J.S.40A:14-96 is amended to read as follows:
40A:14-96. [No] A person [shall be eligible for membership in the Junior Firemen's Auxiliary] who is less than 14 or more than [21] 18 years of age shall not be eligible for membership in the Junior Firefighter's Auxiliary. Persons between the ages of 14 and [21] 18 shall [be required to] obtain permission to join the auxiliary from their parents or guardian. [Such permission] Permission shall be [in writing and acknowledged or proved] granted in the manner required by [law for deeds to real estate to be recorded] the Director of the Division of Fire Safety in the Department of Community Affairs. Junior Firemen's Auxiliary applicants also shall submit a medical examination evaluation in a manner required by the director.
(cf: P.L.1999, c.318, s.1)
3. N.J.S.40A:14-97 is amended to read as follows:
40A:14-97. A municipality or fire district may provide members of a Junior [Firemen's] Firefighter's Auxiliary established as an auxiliary to a [volunteer] fire department or to an incorporated [volunteer] fire company within the fire district with the same coverage as provided for the regular [volunteer firemen] firefighters of the fire district under N.J.S. 40A:14-37 and 40A:14-38.
(cf: P.L.1979, c.230, s.4)
4. N.J.S.40A:14-98 is amended to read as follows:
40A:14-98. a. The governing body of the municipality or the board of commissioners of the fire district [shall], before authorizing the establishment of any Junior [Firemen's] Firefighter's Auxiliary, shall formulate rules and regulations to govern the activities of the auxiliary in accordance with regulations promulgated by the Director of the Division of Fire Safety. The rules and regulations shall provide for the training of the auxiliary for eventual membership in the [volunteer] fire department of the municipality or fire district or in any such [volunteer] fire company or companies affording fire protection therein [, and shall further provide that no junior fireman shall be required to perform duties which would expose him to the same degree of hazard as a regular member of a volunteer fire company]. The Director of the Division of Fire Safety shall have the sole authority to promulgate regulations pertaining to the training of Junior Firefighter Auxiliary members and to establish the duties that Junior Firefighter Auxiliary members may perform at training events and emergency scenes. The regulations shall allow members of the Junior Firefighter Auxiliary who are 16 years of age or older to fully participate in recruit firefighter training established under the New Jersey Administrative Code.
b. If the governing body or board of commissioners, as the case may be, so provide in the rules and regulations governing the auxiliary, a junior [fireman] firefighter 16 years of age or older may perform [non-hazardous support duties at a fire site] duties at training events and emergency scenes as established by regulations adopted by the Director of the Division of Fire Safety pursuant to subsection a. of this section; provided: (1) the junior [fireman] firefighter has been appropriately and adequately trained to perform the [support] duties; (2) the junior [fireman] firefighter is appropriately and adequately supervised in performing those [support] duties at the [fire site] training event or emergency scene; (3) the junior [fireman's] firefighter's parent or guardian has provided written permission allowing the junior [fireman] firefighter to perform those [support] duties; and (4) the governing body or board of commissioners, as the case may be, provides insurance coverage for the junior [fireman] firefighter that is identical to that provided for the regular members of the [volunteer] fire department or fire district.
c. Activities of junior [firemen] firefighter auxiliary members under 16 years of age shall be limited to (1) attending meetings of the Junior [Firemen's] Firefighter's Auxiliary; (2) receiving instruction; and (3) participating in training [that does not involve fire, smoke, toxic or noxious gas, or hazardous materials or substances] as established by regulations adopted by the Director of the Division of Fire Safety pursuant to subsection a. of this section; and (4) observing firefighting activities, while under supervision.
(cf: P.L.2011, c.56, s.1)
5. Section 17 of P.L.1940, c.153 (C.34:2-21.17) is amended to read as follows:
17. No minor under 16 years of age shall be employed, permitted or suffered to work in, about, or in connection with power-driven machinery.
No minor under 18 years of age shall be employed, permitted or suffered to work in, about, or in connection with the following:
The manufacture or packing of paints, colors, white lead, or red lead;
The handling of dangerous or poisonous acids or dyes; injurious quantities of toxic or noxious dust, gases, vapors or fumes;
Work involving exposure to benzol or any benzol compound which is volatile or which can penetrate the skin;
The manufacture, transportation or use of explosives or highly inflammable substances;
Oiling, wiping, or cleaning machinery in motion or assisting therein;
Operation or helping in the operation of power-driven woodworking machinery; provided, that apprentices operating under conditions of bona fide apprenticeship may operate such machines under competent instruction and supervision;
Grinding, abrasive, polishing or buffing machines; provided, that apprentices operating under conditions of bona fide apprenticeship may grind their own tools;
Punch presses or stamping machines if the clearance between the ram and the dye or the stripper exceeds 1/4 inch;
Cutting machines having a guillotine action;
Corrugating, crimping or embossing machines;
Paper lace machines;
Dough brakes or mixing machines in bakeries or cracker machinery;
Calender rolls or mixing rolls in rubber manufacturing;
Centrifugal extractors, or mangles in laundries or dry cleaning establishments;
Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or any other place in which the heating, melting, or heat treatment of metals is carried on;
Mines or quarries;
Steam boilers carrying a pressure in excess of 15 pounds;
Construction work of any kind, except in the construction of affordable housing as a volunteer for a nonprofit organization as provided in section 1 of P.L.1994, c.82 (C.34:2-21.17d);
Fabrication or assembly of ships;
Operation or repair of elevators or other hoisting apparatus;
The transportation of payrolls other than within the premises of the employer.
No minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any establishment where alcoholic liquors are distilled, rectified, compounded, brewed, manufactured, bottled, or are sold for consumption on the premises, or in a pool or billiard room; provided, however, this paragraph shall not apply to minors 16 years of age or over, employed as pinsetters, lane attendants, or busboys in public bowling alleys as provided in section 3 of P.L.1940, c.153 (C.34:2-21.3) or to minors employed in theatrical productions where alcoholic beverages are sold on the premises.
Minors 14 years of age or over may be employed as golf course caddies and pool attendants.
No minor under 18 years of age shall be employed, permitted, or suffered to work in any place of employment, or at any occupation hazardous or injurious to the life, health, safety, or welfare of such minor, as such occupation shall, from time to time, be determined and declared by the Commissioner of Labor to be hazardous or injurious to the life, health, safety, or welfare of such minor, after a public hearing thereon and after such notice as the commissioner may by regulation prescribe.
None of the provisions of this section regarding employment in connection with alcoholic liquors shall be construed to prevent the employment of minors 16 years of age or more in a restaurant as defined in section 1 of P.L.1940, c.153 (C.34:2-21.1) and as provided for in section 3 of P.L.1940, c.153 (C.34:2-21.3), in a public bowling alley as provided in this section, or in the executive offices, maintenance departments, or pool or beach areas of a hotel, motel or guesthouse; provided, however, that no minor shall engage in the preparation, sale or serving of alcoholic beverages, nor in the preparation of photographs, nor in any dancing or theatrical exhibition or performance which is not part of a theatrical production where alcoholic beverages are sold on the premises, while so employed; and provided, further, that any minor so employed shall be closely supervised while engaged in the clearing of alcoholic beverages.
Nothing in this section shall be deemed to apply to the work done by pupils in public or private schools of New Jersey, under the supervision and instruction of officers or teachers of such organizations or schools, or to a minor who is 17 years of age employed in the type of work in which such minor majored under the conditions of the special vocational school graduate permit provided in section 15 of P.L.1940, c.153 (C.34:2-21.15).
Nothing in this section shall be construed to prevent minors [16] 14 years of age or older who are members of a Junior [Firemen's] Firefighter's Auxiliary, created pursuant to N.J.S.40A:14-95, from engaging in any activities authorized by N.J.S.40A:14-98.
Notwithstanding any provision of this section to the contrary, a minor who is 15 years of age or older may work as a cashier or bagger on or near a supermarket or retail establishment cash register conveyor belt.
(cf: P.L.1994, c.82, s.3)
6. The Director of the Division of Fire Safety in the Department of Community Affairs shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) establishing responsibilities for junior firefighters, in addition to the responsibilities established pursuant to N.J.S.40A:14-98, within 180 days following the effective date of this act.
7. This act shall take effect immediately.
STATEMENT
This bill grants the Director of the Division of Fire Safety in the Department of Community Affairs the sole authority to promulgate regulations pertaining to the training of Junior Firefighter Auxiliary members and to establish the duties that Junior Firefighter Auxiliary members may perform at training events and emergency scenes. The bill requires the director to promulgate regulations within 180 days of the bill's enactment.
Under current law, a person between the ages of 14 and 21 who obtains permission from a parent or guardian may become a member of the Junior Firefighter's Auxiliary. The bill reduces the age limit for membership to persons between the ages of 14 and 18. The bill also requires that permission to participate be granted in a manner required by the Director of the Division of Fire Safety. Junior Firefighter's Auxiliary applicants would be required to submit to a medical examination evaluation.
The bill also limits activities of a junior firefighter who is under the age of 16 to attending Junior Firefighter's Auxiliary Meetings; receiving instructions; certain training activities established by regulations adopted by the director; and observing firefighting activities, while under supervision. Under current law, a member of the Junior Firemen's Auxiliary who is under the age of 16 may participate in these activities as well as participate in training that does not involve fire, smoke, toxic or noxious gas, or hazardous materials or substances.
Finally, the bill replaces the term "firemen" with the preferred, gender neutral term "firefighter."
