Sponsored by:
Senator BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Prohibits municipalities from imposing local fire safety standards stricter than State fire safety code in certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 17, 2019, with amendments.
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:
1"Commercial farm" means the same as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3).1
"Commercial farm building" 1[means any building that is located on a “commercial farm” as that term is defined] means the same as that term is defined1 in section 3 of P.L.1975, c.217 (C.52:27D-121) 1and is located on a commercial farm1 .
"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.