S3949

An Act limiting municipal authority to regulate certain farm buildings and amending P.L.1983, c.383.

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

1. Section 11 of P.L.1983, c.383 (C.52:27D-202) is amended to read as follows:

11. a. Each municipality in this State is authorized to adopt an ordinance providing for local enforcement of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.). The ordinance shall designate the municipal fire department or the county fire marshal or one or more fire districts as the local enforcement agency.

b. [Nothing] Except as provided in subsection c. of this section, nothing in [this act] P.L.1983, c.383 (C.52:27D-192 et seq.) shall preclude the right of any municipality to adopt an ordinance dealing with fire safety whether or not it is more restrictive than [this act] P.L.1983, c.383 (C.52:27D-192 et seq.) and the regulations promulgated thereunder. [No] A county or municipal official shall not issue an order regarding fire safety with respect to a building, structure, or premises, except in accordance with [this act] P.L.1983, c.383 (C.52:27D-192 et seq.) or with a duly promulgated ordinance.

c. (1) A municipality shall not adopt an ordinance dealing with fire safety applicable to a commercial farm building or seasonal agricultural labor housing that is more restrictive than P.L.1983, c.383 (C.52:27D-192 et seq.) and the regulations promulgated thereunder.

(2) As used in this subsection:

"Commercial farm building" means any building that is located on a “commercial farm” as that term is defined in section 3 of P.L.1975, c.217 (C.52:27D-121).

"Seasonal agricultural labor housing" means the same as that term is defined pursuant to regulations adopted by the Director of the Division of Taxation in the Department of the Treasury under chapter 15 of Title 18 of the New Jersey Administrative Code.

(cf: P.L.1983, c.383, s.11)

2. This act shall take effect immediately.

STATEMENT

This bill would prohibit municipalities from establishing local fire safety standards for commercial farm buildings and seasonal farm labor housing stricter than the fire safety standards established for these buildings under the State’s uniform fire safety code. Under current law, a municipality is permitted to adopt an ordinance establishing fire safety standards that are more restrictive than the State code. This bill would eliminate this municipal authority to adopt stricter fire safety standards with respect to commercial farm buildings and seasonal farm labor housing.

Under the bill, a commercial farm building is defined as any building located on a commercial farm which produces not less than $2,500 worth of agricultural or horticultural products annually, which building's main use or intended use is related to the production of agricultural or horticultural products produced on that farm. A building is not regarded as a commercial farm building if more than 1,200 square feet of its floor space is used for purposes other than its main use. A greenhouse constructed in conjunction with the odor control bio-filter of a solid waste or sludge composting facility, which greenhouse produces not less than $2,500 worth of agricultural or horticultural products in addition to its function as a cover for the bio-filter, is considered a commercial farm building, provided that the greenhouse is not intended for human occupancy.

Seasonal farm labor housing is defined, under the applicable regulation, as dwelling units designed solely for lodging farm employees and their family members, including their civil union partners or domestic partners, where such employees perform seasonal agricultural or horticultural labor on the contiguous land, five acres or more, qualifying for farmland assessment. Any housing that is either occupied by the landowner, the landowner's spouse, the landowner's civil union partner, the landowner's domestic partner, or their children, parents, or siblings, or is not vacant annually for a minimum period of 90 continuous days during any period of 12 continuous months, would not be considered to meet this definition.