Bill Text: NJ S957 | 2010-2011 | Regular Session | Introduced
Bill Title: "Group Home Fire Safety Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S957 Detail]
Download: New_Jersey-2010-S957-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator RICHARD J. CODEY
District 27 (Essex)
SYNOPSIS
"Group Home Fire Safety Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the installation of fire suppression systems in group homes and revising parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Group Home Fire Safety Act."
2. (New section) The Legislature finds and declares that:
a. The safety of group home residents is a vital concern to the State, as these individuals are among the most vulnerable citizens of New Jersey and warrant assurance by the State that their physical safety will be protected while in their residences;
b. 13R residential automatic fire suppression systems installed in buildings have been proven to be a very effective method of preventing injury, death and widespread property damage; and
c. The installation of these systems in group homes shall be deemed to be in the public interest and a public purpose.
3. (New section) As used in sections 1 through 9 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 and which is owned by a nonprofit organization whose property is exempt from taxation pursuant to R.S.54:4-3.6.
4. (New section) a. Notwithstanding any law, rule or regulation to the contrary, all group homes shall be equipped with a 13R residential automatic fire suppression system in their common areas and bedrooms, in accordance with the provisions of this section.
b. Within 120 days after the effective date of this act, each entity that is responsible for the operation of one or more group homes shall file with the Commissioner of Human Services a plan outlining the installation of 13R residential automatic fire suppression systems in those group homes as required pursuant to subsection a. of this section. Each plan shall provide that the installation shall be completed within four years of the effective date of this act.
Upon application by an entity, the commissioner may, at the commissioner's discretion, extend the completion date set forth in this section, upon a showing that the completion date would pose an unreasonable hardship for the entity, or that performance of the installation by the completion date is impossible for reasons outside the control of the entity.
5. (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 this act, including rules that prioritize, at the discretion of the commissioner, group homes for installation of 13R residential automatic fire suppression systems. The rules may include exemption from the requirements of section 4 of this act for any group home that may be determined to not warrant the level of protection provided in section 4 of this act based on the fire hazard risk.
6. (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 this act.
7. (New section) a. There is created within the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L.1983, c.530 (C.55:14K-1 et seq.), the "Group Home Safety Trust Fund," hereinafter referred to as the "trust fund." The trust fund shall be maintained as a separate account and administered by the agency to carry out the provisions of P.L. , c. (C. )(pending before the Legislature as this bill). There shall be paid into this fund:
(1) monies received from the sale of bonds or notes issued pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) monies appropriated by the Legislature, including monies as may be appropriated annually in an amount sufficient to pay the principal and interest on the bonds or notes;
(3) all interest and investment earnings received on the monies in the trust fund; and
(4) all repayments of loans authorized pursuant to P.L. , c. (pending before the Legislature as this bill).
b. The trust fund shall be used to provide interest-free loans to entities that are required, pursuant to P.L. , c. (pending before the Legislature as this bill), to install 13R residential automatic fire suppression systems in one or more group homes, for the cost, or a portion of the cost, of the installation of those systems.
8. (New section) a. The State Treasurer shall establish a program to provide the loans authorized pursuant to P.L. , c. (pending before the Legislature as this bill). An entity that is responsible for the operation of one or more group homes may apply for a loan from the trust fund established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill). The application shall be transmitted to, and in a manner to be determined by, the State Treasurer.
b. Individual loan amounts from the trust fund shall be limited to no more than the projected costs as stated in the plan required to be filed with the Commissioner of Human Services pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and loan amounts shall be disbursed in accordance with the need and the completion date of the installation plan. If sufficient funds are not available to fully fund each request, the State Treasurer may limit the amounts loaned on a basis which shall provide the maximum amount of funding to the greatest number of group homes, taking into consideration the prioritization of group homes, as provided for in section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). Installation projects that were begun within 12 months prior to the effective date of P.L. , c. (pending before the Legislature as this bill), as well as those projects initiated on or after the effective date of P.L. , c. (pending before the Legislature as this bill), are eligible for a loan.
c. The term of a loan shall be for a period of not more than 15 years. Any loan approved pursuant to this section shall be contingent upon the applicant entering into a contract or contracts for the installation of 13R residential automatic fire suppression systems in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. The State Treasurer shall:
(1) review each application and approve, disapprove, amend or modify the loan request;
(2) establish any other terms or conditions of each loan, which are not otherwise provided under this section; and
(3) forward to the New Jersey Housing and Mortgage Finance Agency and the Department of Human Services a copy of any loan approval granted pursuant to this section, including information concerning the amount and terms of the loan.
e. All repayments of loans awarded pursuant to this section shall be made to the agency and deposited by the agency into the trust fund.
f. The State Treasurer shall adopt such rules as are necessary to effectuate this section in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
9. (New section) a. The New Jersey Housing and Mortgage Finance Agency shall from time to time issue bonds or notes, in accordance with the provisions of P.L.1983, c.530 (C.55:14K-1 et seq.), and in an amount sufficient to finance the loans provided under P.L. , c. (pending before the Legislature as this bill) and the administrative costs associated with the approval process and the issuance of the bonds or notes, up to a total amount not to exceed $90,000,000; except that all administrative costs associated with the approval process and the issuance of bonds, notes or other obligations shall not be included within the total aggregate principal amount of the bonds, notes or other obligations issued. The term of any bond so issued shall not exceed 15 years. In computing the foregoing limitation as to amount, all bonds issued for refunding purposes shall be excluded, provided that the refunding results in a debt service savings. The authority shall issue the bonds or notes in such manner as it shall determine, except that no bonds or notes shall be issued pursuant to this section without the prior written consent of the State Treasurer.
b. Bonds or notes issued pursuant to P.L. , c. (pending before the Legislature as this bill) shall not be in any way a debt or liability of the State or of any political subdivision thereof, other than the agency, and shall not create or constitute any indebtedness, liability or obligation of the State or of any political subdivision thereof, or be or constitute a pledge of the faith and credit of the State or of any political subdivision thereof, but all bonds or notes, unless funded or refunded by the bonds or notes of the agency, shall be payable solely from revenues of funds pledged or available for their payment as authorized by P.L. , c. (pending before the Legislature as this bill). Each bond shall contain on its face a statement to the effect that the agency is obligated to pay the principal thereof, redemption premium, if any, or the interest thereon only from revenue or funds of the agency and that neither the State nor any political subdivision thereof is obligated to pay the principal thereof, redemption premium, if any, or interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of, redemption premium, if any, or the interest on the bonds.
c. The State of New Jersey does hereby pledge to and covenant and agree with the holders of any bonds or notes issued pursuant to the authorization hereunder that the State shall not limit or alter the rights or powers hereby vested in the agency to perform and fulfill the terms of any agreement made with the holders of the bonds or notes, or to fix, establish, charge and collect such rents, fees, rates, payments, or other charges as may be convenient or necessary to produce sufficient revenues to meet all expenses of the agency and to fulfill the terms of any agreement made with the holders of the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, until the bonds and notes, together with interest thereon, are fully met and discharged or provided for.
d. The State Treasurer is authorized to enter into a contract with the agency pursuant to which the State Treasurer, subject to available appropriations, shall pay the amount necessary to pay the principal and interest on bonds, notes and other obligations of the agency issued pursuant to P.L. , c. (pending before the Legislature as this bill).
e. To assure the continued operation and solvency of the group home safety trust fund program, the agency shall require that if an entity that operates one or more group homes fails or is unable to pay to the agency in full, when due, any obligation of the entity to the agency, an amount sufficient to satisfy the deficiency shall be retained by the State Treasurer from State monies that would otherwise be provided to the entity by the Department of Human Services or any other State department, agency or other instrumentality. As used in this section, "obligation of the entity" means any amount payable by the entity to the agency pursuant to an agreement with the agency under P.L. , c. (pending before the Legislature as this bill).
10. 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)
11. Section 3 of P.L.1983, c.530 (C.55:14K-3) is amended to read as follows:
3. As used in this act:
a. "Agency" means the New Jersey Housing and Mortgage Finance Agency as consolidated by section 4 of P.L.1983, c.530 (C.55:14K-4), or, if that agency shall be abolished by law, the person, board, body or commission succeeding to the powers and duties thereof or to whom its powers and duties shall be given by law.
b. "Boarding house" means any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, including:
(1) any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guesthouse wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only; (2) a residential health care facility as defined in section 1 of P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); (3) any resource family home as defined in section 1 of P.L.1962, c.137 (C.30:4C-26.1); (4) any community residence for the developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2); (5) any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students; (6) any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education; and (7) any facility or living arrangement operated by, or under contract with, any State department or agency.
c. "Bonds" mean any bonds, notes, bond anticipation notes, debentures or other evidences of financial indebtedness issued by the agency pursuant to this act.
d. "Continuing-care retirement community" means any work or undertaking, whether new construction, improvement or rehabilitation, which may be financed in part or in whole by the agency and which is designed to complement fully independent residential units with social and health care services (usually including nursing and medical services) for retirement families and which is intended to provide continuing care for the term of a contract in return for an entrance fee or periodic payments, or both, and which may include such appurtenances and facilities as the agency deems to be necessary, convenient or desirable.
e. "Eligible loan" means a loan, secured or unsecured, made for the purpose of financing the operation, maintenance, construction, acquisition, rehabilitation or improvement of property, or the acquisition of a direct or indirect interest in property, located in the State, which is or shall be: (1) primarily residential in character or (2) used or to be used to provide services to the residents of an area or project which is primarily residential in character. The agency shall adopt regulations defining the term "primarily residential in character," which may include single-family, multi-family and congregate or other single room occupancy housing, continuing-care retirement communities, mobile homes and nonhousing properties and facilities which enhance the livability of the residential property or area; and specifying the types of residential services and facilities for which eligible loans may be made, which may include, but shall not be limited to, parking facilities, streets, sewers, utilities, and administrative, community, educational, welfare and recreational facilities, food, laundry, health and other services and commercial establishments and professional offices providing supplies and services enhancing the area. The term "loan" includes an obligation the return on which may vary with any appreciation in value of the property or interest in property financed with the proceeds of the loan, or a co-ventured instrument by which an institutional lender or the agency assumes an equity position in the property. Any undivided interest in an eligible loan shall qualify as an eligible loan.
f. "Family" means two or more persons who live or expect to live together as a single household in the same dwelling unit; but any individual who (1) has attained retirement age as defined in section 216a of the federal Social Security Act, or (2) is under a disability as defined in section 223 of that act, or (3) such other individuals as the agency by rule or regulation shall include, shall be considered as a family for the purpose of this act; and the surviving member of a family whose other members died during occupancy of a housing project shall be considered as a family for the purposes of permitting continued occupancy of the dwelling unit occupied by such family.
g. "Gross aggregate family income" means the total annual income of all members of a family, from whatever source derived, including but not limited to, pension, annuity, retirement and social security benefits; except that there may be excluded from income (1) such reasonable allowances for dependents, (2) such reasonable allowances for medical expenses, (3) all or any proportionate part of the earnings of gainfully employed minors, or (4) such income as is not received regularly, as the agency by rule or regulation may determine.
h. "Housing project" or "project" means any work or undertaking, other than a continuing-care community, whether new construction, improvement, rehabilitation, or acquisition of existing buildings or units which is designed for the primary purpose of providing multi-family rental housing or acquisition of sites for future multi-family rental housing.
i. "Housing sponsor" means any person, partnership, corporation or association, whether organized as for profit or not for profit, to which the agency has made or proposes to make a loan, either directly or through an institutional lender, for a housing project.
j. "Institutional lender" means any bank or trust company, savings bank, national banking association, savings and loan association, or building and loan association maintaining an office in the State, or any insurance company or any mortgage banking firm or mortgage banking corporation authorized to transact business in the State.
k. "Life safety improvement" means any addition, modification or repair to a boarding house which is necessary to improve the life safety of the residents of the boarding house, as certified by the Department of Community Affairs, including, but not limited to, the correction of a violation of the" State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the "Rooming and Boarding House Act of 1979," P.L.1979, c.496 (C.55:13B-1 et seq.), or the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) and the administrative regulations promulgated in accordance with these acts.
l. "Life safety improvement loan" means an eligible loan the proceeds of which are to be used to finance, in whole or in part, the construction, acquisition or rendering of life safety improvements at or to boarding houses.
m. "Loan originator" means any bank or trust company, savings bank, national banking association, savings and loan association, or building and loan association maintaining an office in the State, or any insurance company or any mortgage banking firm or mortgage banking corporation authorized to transact business in the State, or any agency or instrumentality of the United States or the State or a political subdivision of the State, which is authorized to make eligible loans.
n. "Municipality" means any city of any class or any town, township, village or borough.
o. "Mutual housing" means a housing project operated or to be operated upon completion of construction, improvement or rehabilitation exclusively for the benefit of the families who are entitled to occupancy by reason of ownership of stock in the housing sponsor, or by reason of co-ownership of premises in a horizontal property regime pursuant to P.L.1963, c.168; but the agency may adopt rules and regulations permitting a reasonable percentage of space in such project to be rented for residential or for commercial use.
p. "Persons and families of low and moderate income" mean persons and families, irrespective of race, creed, national origin or sex, determined by the agency to require assistance on account of personal or family income being not sufficient to afford adequate housing. In making such determination the agency shall take into account the following:
(1) the amount of the total income of such persons and families available for housing needs, (2) the size of the family, (3) the cost and condition of housing facilities available and (4) the eligibility of such persons and families to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing sanitary, decent and safe housing. In the case of projects with respect to which income limits have been established by any agency of the federal government having jurisdiction thereover for the purpose of defining eligibility of low and moderate income families, the agency may determine that the limits so established shall govern. In all other cases income limits for the purpose of defining low or moderate income persons shall be established by the agency in its rules and regulations.
q. "Project cost" means the sum total of all costs incurred in the acquisition, development, construction, improvement or rehabilitation of a housing project, which are approved by the agency as reasonable or necessary, which costs shall include, but are not necessarily limited to, (1) cost of land acquisition and any buildings thereon, (2) cost of site preparation, demolition and development, (3) architect, engineer, legal, agency and other fees paid or payable in connection with the planning, execution and financing of the project, (4) cost of necessary studies, surveys, plans and permits, (5) insurance, interest, financing, tax and assessment costs and other operating and carrying costs during construction, (6) cost of construction, reconstruction, fixtures, and equipment related to the real property, (7) cost of land improvements, (8) necessary expenses in connection with initial occupancy of the project, (9) a reasonable profit or fee to the builder and developer, (10) an allowance established by the agency for working capital and contingency reserves, and reserves for any operating deficits, (11) costs of guarantees, insurance or other additional financial security for the project and (12) the cost of such other items, including tenant relocation, as the agency shall determine to be reasonable and necessary for the development of the project, less any and all net rents and other net revenues received from the operation of the real and personal property on the project site during construction, improvement or rehabilitation.
All costs shall be subject to approval and audit by the agency. The agency may adopt rules and regulations specifying in detail the types and categories of cost which shall be allowable if actually incurred in the development, acquisition, construction, improvement or rehabilitation of a housing project.
r. "Retirement family" means one or more persons related by blood, marriage or adoption who live or expect to live together as a single household in the same dwelling unit, provided that at least one of the persons is an individual who (1) has attained retirement age as defined in section 216a of the Federal Social Security Act, or (2) is under a disability as defined in section 223 of that act, or (3) such individuals as the agency by rule or regulation shall include; and provided further, that the surviving member of a retirement family whose other members died during occupancy of a continuing-care retirement community shall be considered as a retirement family for purposes of permitting continued occupancy of the dwelling unit occupied by such retirement family.
s. "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 and which is owned by a nonprofit organization whose property is exempt from taxation pursuant to R.S.54:4-3.6.
(cf: P.L.2004, c.130, s.124)
12. Section 5 of P.L.1983, c.530 (C.55:14K-5) is amended to read as follows:
5. In order to carry out the purposes and provisions of this act, the agency, in addition to any powers granted to it elsewhere in this act, shall have the following powers:
a. To adopt bylaws for the regulation of its affairs and the conduct of its business; to adopt an official seal and alter the same at pleasure; to maintain an office at such place or places within the State as it may designate; to sue and be sued in its own name;
b. To conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information and necessary to carry out the provisions of this act;
c. To issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the agency, or before one or more of the members of the agency appointed by it to conduct a hearing;
d. To apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed to testify, or who is guilty of any contempt after summons to appear;
e. To acquire by purchase, gift, foreclosure or condemnation any real or personal property, or any interest therein, to enter into any lease of property and to hold, sell, assign, lease, encumber, mortgage or otherwise dispose of any real or personal property, or any interest therein, or mortgage lien interest owned by it or under its control, custody or in its possession and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, including any equity or right of redemption, in property foreclosed by it and to do any of the foregoing by public or private sale, with or without public bidding, notwithstanding the provisions of any other law;
f. To acquire, hold, use and dispose of its income revenues, funds and moneys;
g. To adopt rules and regulations expressly authorized by this act and such additional rules and regulations as shall be necessary or desirable to carry out the purposes of this act. The agency shall adopt regulations which provide for consultation with housing sponsors regarding the formulation of agency rules and regulations governing the operation of housing projects and which require the agency to consult with the affected housing sponsor prior to taking any and all specific proposed agency actions relating to the sponsor's housing project. The agency shall publish all rules and regulations and file them with the Secretary of State;
h. To borrow money or secure credit on a temporary, short-term, interim or long-term basis, and to issue negotiable bonds and to secure the payment thereof and to provide for the rights of the holders thereof;
i. To make and enter into and enforce all contracts and agreements necessary, convenient or desirable to the performance of its duties and the execution of its powers under this act, including contracts or agreements with qualified financial institutions for the servicing and processing of eligible loans owned by the agency;
j. To appoint and employ an executive director, who shall be the chief executive officer of the agency, and additional officers, who need not be members of the agency as the agency deems advisable, and to employ architects, engineers, attorneys, accountants, construction and financial experts and other employees and agents as may be necessary in its judgment and to determine their qualifications, terms of office, duties and compensation; and to promote and discharge such officers, employees and agents, all without regard to the provisions of Title 11 of the Revised Statutes, Civil Service;
k. To contract for and to receive and accept any gifts, grants, loans or contributions from any source, of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this act subject to the conditions upon which the grants and contributions may be made, including, but not limited to, gifts or grants from any department or agency of the United States or the State for payment of rent supplements to eligible families or for the payment in whole or in part of the interest expense for a housing project or for any other purpose consistent with this act;
l. To enter into agreements to pay annual sums in lieu of taxes to any political subdivision of the State with respect to any real property owned or operated directly by the agency;
m. To procure insurance against any loss in connection with its operations, property and other assets (including eligible loans) in the amounts and from the insurers it deems desirable;
n. To the extent permitted under its contract with the holders of bonds of the agency, to consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest, security or any other terms of any loan to an institutional lender, eligible loan, loan commitment, contract or 8 agreement of any kind to which the agency is a party;
o. To the extent permitted under its contract with the holders of bonds of the agency, to enter into contracts with any housing sponsor containing provisions enabling the housing sponsor to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges where, by reason of other income or payment from the agency, any department or agency of the United States or the State, these reductions can be made without jeopardizing the economic stability of the housing project;
p. To make and collect the fees and charges it determines are reasonable;
q. To the extent permitted under its contract with the holders of bonds of the agency, to invest and reinvest any moneys of the agency not required for immediate use, including proceeds from the sale of any obligations of the agency, in obligations, securities or other investments as the agency deems prudent. All functions, powers and duties relating to the investment or reinvestment of these funds, including the purchase, sale or exchange of any investments or securities may, upon the request of the agency, be exercised and performed by the Director of the Division of Investment in the Department of the Treasury, in accordance with written directions of the agency signed by an authorized officer, without regard to any other law relating to investments by the Director of the Division of Investment;
r. To provide, contract or arrange for, where, by reason of the financing arrangement, review of the application and proposed construction of a project is required by or in behalf of any department or agency of the United States, consolidated processing of the application or supervision or, in the alternative, to delegate the processing in whole or in part to any such department or agency;
s. To make eligible loans, and to participate with any department, agency or authority of the United States or of any state thereof, this State, a municipality, or any banking institution, foundation, labor union, insurance company, trustee or fiduciary in an eligible loan, secured by a single participating mortgage, by separate mortgages or by other security agreements, the interest of each having equal priority as to lien in proportion to the amount of the loan so secured, but which need not be equal as to interest rate, time or rate of amortization or otherwise, and to undertake commitments to make such loans;
t. To assess from time to time the housing needs of any municipality which is experiencing housing shortages as a result of the authorization of casino gaming and to address those needs when planning its programs;
u. To sell any eligible loan made by the agency or any loan to an institutional lender owned by the agency, at public or private sale, with or without bidding, either singly or in groups, or in shares of loans or shares of groups of loans, issue securities, certificates or other evidence of ownership secured by such loans or groups of loans, sell the same to investors, arrange for the marketing of the same; and to deposit and invest the funds derived from such sales in any manner authorized by this act;
v. To make commitments to purchase, and to purchase, service and sell, eligible loans, pools of loans or securities based on loans, insured or issued by any department or agency of the United States, and to make loans directly upon the security of any such loan, pools of loans or securities;
w. To provide such advisory consultation, training and educational services as will assist in the planning, construction, rehabilitation and operation of housing including but not limited to assistance in community development and organization, home management and advisory services for residents and to encourage community organizations and local governments to assist in developing housing;
x. To encourage research in and demonstration projects to develop new and better techniques and methods for increasing the supply, types and financing of housing and housing projects in the State and to engage in these research and demonstration projects and to receive and accept contributions, grants or aid, from any source, public or private, including but not limited to the United States and the State, for carrying out this purpose;
y. To provide to housing sponsors, through eligible loans or otherwise, financing, refinancing or financial assistance for fully completed, as well as partially completed, projects which may or may not be occupied, if the projects meet all the requirements of this act, except that, prior to the making of the mortgage loans by the agency, said projects need not have complied with sections 7a.(9) and 42 of this act;
z. To encourage and stimulate cooperatives and other forms of housing with tenant participation;
aa. To promote innovative programs for home ownership, including but not limited to lease-purchase programs, employer-sponsored housing programs, and tenant cooperatives;
bb. To set aside and designate, out of the funds that are or may become available to it for the purpose of financing housing in this State pursuant to the terms of this act, certain sums or proportions thereof to be used for the financing of housing and home-ownership opportunities, including specifically lease-purchase arrangements, provided by employers to their employees through nonprofit or limited-dividend corporations or associations created by employers for that purpose; and to establish priority in funding, offer bonus fund allocations, and institute other incentives to encourage such employer-sponsored housing and home-ownership opportunities;
cc. Subject to any agreement with bondholders, to collect, enforce the collection of, and foreclose on any property or collateral securing its eligible loan or loans to institutional lenders and acquire or take possession of such property or collateral and sell the same at public or private sale, with or without bidding, and otherwise deal with such collateral as may be necessary to protect the interests of the agency therein;
dd. To administer and to enter into agreements to administer programs of the federal government or any other entity which are in furtherance of the purposes of this act;
ee. To do and perform any acts and things authorized by this act under, through, or by means of its officers, agents or employees or by contract with any person, firm or corporation; [and]
ff. To do any acts and things necessary or convenient to carry out the powers expressly granted in this act; and
gg. To issue bonds and notes and other obligations of the agency under the direction of law for the purpose of providing financial assistance for the installation of 13R residential automatic fire suppression systems in group homes.
(cf: P.L.1983, c.530, s.5)
13. This act shall take effect immediately.
STATEMENT
This bill, which is designated the "Group Home Fire Safety Act," requires the installation of 13R residential automatic fire suppression systems in the common areas (including, but not limited to, the hallways and living, dining and kitchen areas) and bedrooms of all group homes in this State.
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 which is owned by a nonprofit organization whose property is tax-exempt. The bill defines traumatic brain injury as in federal law, 42 U.S.C. s.280b-1c, which includes an acquired injury to the brain.
Specifically, the bill provides that, within 120 days after its effective date, each entity that is responsible for the operation of one or more group homes is to file with the Commissioner of Human Services a plan outlining the installation of 13R residential automatic fire suppression systems in those group homes as required under this bill. Each plan is to provide that the installation shall be completed within four years of the bill's effective date.
The bill stipulates that, upon application by an entity, the commissioner may, at the commissioner's discretion, extend the completion date, upon a showing that it would pose an unreasonable hardship for the entity, or that performance of the installation by the completion date is impossible for reasons outside the control of the entity.
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 prioritize, at the discretion of the Commissioner of Human Services, group homes for installation of 13R residential automatic fire suppression systems. The rules also may include exemption from the requirements of the bill for 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.
The bill establishes the "Group Home Safety Trust Fund" within the New Jersey Housing and Mortgage Finance Agency (NJHMFA). The fund will be the repository of bond proceeds from the sale of bonds by the NJHMFA, which are authorized to be issued in an amount not to exceed $90 million. The trust fund is to be used to provide interest-free loans to the entities that operate group homes and are required to install the fire suppression systems, for the cost, or a portion of the cost, of the installation of those systems.
The State Treasurer is required to establish a program to provide the loans. An entity that operates one or more group homes may apply for a loan from the trust fund. If sufficient funds are not available to fully fund each loan request, the State Treasurer may limit the amounts loaned on a basis which would provide the maximum amount of funding to the greatest number of group homes, taking into consideration the commissioner's prioritization of groups homes. The term of the loans will be for a period of not more than 15 years. Any loan approved is to be contingent upon the applicant entering into a contract or contracts for the installation of 13R residential automatic fire suppression systems under a plan as required in section 4 of the bill.
Finally, the bill amends N.J.S.A.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.
