A3894

An Act concerning fire safety by making changes to certain licensure requirements, equipment requirements, penalties, and fees and amending P.L.1991, c.92 and P.L.1983, c.383.

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

1. Section 1 of P.L.1991, c.92 (C.52:27D-198.1) is amended to read as follows:

1. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with [National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section] regulations established by the Commissioner of Community Affairs. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the [Bureau] Division of Fire Safety.

[Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). For the purposes of this section, "portable fire extinguisher" means an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.]

This section shall not be enforced except pursuant to sections 2 and 3 of P.L.1991, c.92 (C.52:27D-198.2 and C.52:27D-198.3).

(cf: P.L.2005, c.71, s.1)

2. Section 2 of P.L.1991, c.92 (C.52:27D-198.2) is amended to read as follows:

2. a. In any case where a change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection, or other documentary certification of compliance with laws and regulations relating to safety, healthfulness, and upkeep of the premises, no such certificate shall issue until the municipal officer or agency responsible for its issuance has determined that the building is equipped with an alarm device or devices [and a portable fire extinguisher] as required by section 1 of P.L.1991, c.92 (C.52:27D-198.1).

b. In the case of change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) to which the provisions of subsection a. of this section do not apply, no owner shall sell, lease, or otherwise permit occupancy for residential purposes of that building without first obtaining from the relevant enforcement agency under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) a certificate evidencing compliance with the requirements of P.L.1991, c.92
(C.52:27D-198.1 et seq.). The local governing body having jurisdiction over the said enforcing agency or, where the [Bureau] Division of Fire Safety is the enforcing agency, the Commissioner of Community Affairs shall establish a fee which covers the cost of inspection and of issuance of the certificate.

(cf: P.L.2005, c.71, s.2)

3. Section 3 of P.L.1991, c.92 (C.52:27D-198.3) is amended to read as follows:

3. An owner who sells, leases, rents, or otherwise permits to be occupied for residential purposes any premises subject to the provisions of P.L.1991, c.92 (C.52:27D-198.1 et seq.) when the premises do not comply with the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1), or without complying with the inspection and certification requirements of section 2 of P.L.1991, c.92 (C.52:27D-198.2), shall be subject to a fine of not more than [$500.00 in the case of a violation for an alarm device, or a fine of not more than $100 in the case of a violation for a portable fire extinguisher] $500, which may be collected and enforced by the local enforcing agency as defined in subsection g. of section 5 of P.L.1983, c.383 (C.52:27D-196) by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.2005, c.71, s.3)

4. Section 12 of P.L.1983, c.383 (C.52:27D-203) is amended to read as follows:

12. a. Each enforcing agency in this State shall enforce [this act] the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) in all buildings, structures, and premises within its jurisdiction, except owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units, subject to the control and supervision of the commissioner and in accordance with regulations promulgated by the commissioner. The commissioner shall consult with and advise all local enforcement agencies enforcing the provision of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.), and each local enforcement agency shall provide the commissioner with reports, data, and information required by the commissioner. To cover the cost to the municipality of conducting inspections under [this act] P.L.1983, c.383 (C.52:27D-192 et seq.), the municipality may, by ordinance, establish fees, which shall be paid into the treasury of the municipality to which the local enforcing agency is responsible, and which shall be appropriated by the municipality to the local enforcing agency to pay the cost of enforcing [this act] P.L.1983, c.383 (C.52:27D-192 et seq.).

b. A local enforcing agency consisting of or employing at least one paid fire inspector who is [certified] licensed pursuant to subsection c. of this section may elect to inspect high-rise structures and life hazard uses within its jurisdiction, in lieu of inspection by the commissioner. That election shall be made by resolution of the governing body having jurisdiction over the local enforcing agency. If an appropriate resolution has not been received by the commissioner on or before the effective date of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.), the department shall perform all inspections under this subsection until such time as the governing body shall adopt and send to the commissioner an appropriate resolution. A local enforcing agency that elects to inspect high-rise structures and life hazard uses may issue the certificates of inspection required to be issued pursuant to section 14 of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.) and may inspect buildings and premises other than high-rise structures and life hazard uses in order to secure compliance with [this act] P.L.1983, c.383 (C.52:27D-192 et seq.).

c. The commissioner shall [certify] license fire inspectors and fire officials under [this act] P.L.1983, c.383 (C.52:27D-192 et seq.) in accordance with [such] standards as [he] the commissioner shall establish by regulation [; provided that a fire inspector certificate shall be issued by the commissioner to any person who: on the effective date of this act is, and for at least one year prior to the effective date of this act has been, serving as a fire inspector in the fire service; or shall have, within two years of the effective date of this act, successfully completed an educational program such as the basic fire prevention code course offered by the Building Officials and Code Administrators International or a recognized equivalent, a fire prevention course offered by an institution of higher education or recognized fire school which has been approved by the commissioner]. As a condition of licensure, a person shall:

(1) submit an application to the Division of Fire Safety with the required fee;

(2) successfully complete an educational program adopted by the Division of Fire Safety’s Office of Training, Certification, and Licensing;

(3) meet prerequisite criteria established by regulation; and

(4) pass the State written and practical exams.

d. A licensed fire inspector and fire official shall conduct fire inspections authorized by P.L.1983, c.383 (C.52:27D-192 et seq.) and established by regulation in non-life-hazard and life-hazard use groups.

e. Fire inspector and fire official certifications approved by the Office of Training and Certification prior to the effective date of P.L. , c. (pending before the Legislature as this bill) shall be considered equivalent to licenses established pursuant to P.L. ,
c. (pending before the Legislature as this bill).

(cf: P.L.1983, c.383, s.12)

5. Section 19 of P.L.1983, c.383 (C.52:27D-210) is amended to read as follows:

19. a. No person shall:

(1) Obstruct, hinder, delay, or interfere by force or otherwise with the commissioner or any local enforcing agency in the exercise of any power or the discharge of any function or duty under the provisions of [this act] the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.);

(2) Prepare, utter, or render any false statement, report, document, plans, or specification permitted or required under the provisions of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.);

(3) Render ineffective or inoperative, or fail to properly maintain, any protective equipment or system installed, or intended to be installed, in a building or structure;

(4) Refuse or fail to comply with a lawful ruling, action, order, or notice of the commissioner or a local enforcing agency; or

(5) Violate, or cause to be violated, any of the provisions of [this act] P.L.1983, c.383 (C.52:27D-192 et seq.).

b. (1) A person who violates or causes to be violated a provision of subsection a. of this section shall be liable to a penalty of not more than $5,000 for each violation. If a violation of subsection a. of this section is of a continuing nature, each day during which the violation remains unabated after the date fixed in an order or notice for the correction or termination of the continuing violation shall constitute an additional and separate violation, except while an appeal from the order is pending in connection with any property except for those properties which are certified by the fire code official to be unoccupied. For the purposes of this section, a building may not be certified to be unoccupied unless it has been unoccupied for a period of not less than six months.

(2) If an owner or operator has been given notice [of the existence of] that the owner or operator is required to abate a violation of [the act] P.L.1983, c.383 (C.52:27D-192 et seq.) and fails to abate the violation, [he] the owner or operator shall be liable to an additional penalty of not more than $50,000. If a violation is of a continuing nature, each day during which the violation remains unabated shall not constitute an additional and separate violation for the purposes of the penalty in this paragraph. Continuing liability for unabated violations of record and unpaid fees or penalties following a change of ownership or tenancy shall be determined in accordance with subsections f. and g. of this section.

(3) An additional $150,000 or the actual cost, whichever is greater, may be imposed as a penalty for the expense to the municipality or fire district of suppressing any fire, directly or indirectly, resulting from the unabated violation and for any other actual expenses, including attorney fees, incurred by the municipality for the enforcement of the violation.

(4) Upon the 121st day subsequent to its filing, an appeal to a county, municipal, or joint construction board of appeals, a departmental appeal, or an appeal to a court of competent jurisdiction shall not automatically stay any order, including orders to pay a penalty imposed pursuant to P.L.1983, c.383
(C.52:27D-192 et seq.), or prevent the seeking of an order in a court of competent jurisdiction to enjoin the violation of any order of an enforcing agency in connection with any property which is found by the fire code official to be unoccupied.

Any party filing an appeal with a court of competent jurisdiction regarding violations assessed against property which has been certified as unoccupied pursuant to this section shall file a motion upon the initiation of the appeal requesting expedited consideration of the appeal on the ground that acceleration is warranted because the subject of the appeal involves matters of public safety. In the event the appeal is granted, the court shall grant the motion to expedite.

c. The commissioner or a local enforcing agency may levy and collect penalties in the amounts set forth in this section, but not in excess of the maximum amounts that the commissioner shall establish by regulation for different types of violations. If the administrative penalty order has not been satisfied by the 30th day after its issuance, the penalty may be sued for, and recovered by and in the name of the commissioner or the enforcing agency, as the case may be, in a civil action by a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in the Superior Court or municipal court. All moneys recovered in the form of penalties by a municipality shall be paid into the treasury of the municipality and shall be appropriated for the enforcement of [the act] P.L.1983, c.383 (C.52:27D-192 et seq.); except that the additional penalty paid by an owner or operator to a municipality under paragraph (2) or (3) of subsection b. of this section shall be placed in a special municipal trust fund to be applied to the municipality's or fire district's cost of firefighter training and new equipment. A person who fails to pay immediately a money judgment rendered against [him] them pursuant to this subsection may be sentenced to imprisonment by the court for a period not exceeding six months, unless the judgment is sooner paid.

d. A person shall be deemed to have violated or caused to have violated a provision of subsection a. of this section if an officer, agent, or employee under [his] the person’s control and with [his] the person’s knowledge has violated or caused to have violated any of the provisions of subsection a. of this section.

e. Upon request of the owner or purchaser of a building or structure, the enforcing agency having jurisdiction over the building or structure shall issue a certificate either enumerating the violations indicated by its records to be unabated and the penalties or fees indicated to be unpaid, or stating that its records indicate that no violations remain unabated and no penalties or fees remain unpaid.

f. A [person] new owner who purchases a property without having obtained a certificate stating that there are no unabated violations of record and no unpaid fees or penalties shall be deemed to have notice of all existing violations of record and shall be liable for the payment of all unpaid fees or penalties. The department shall issue requests for payment of unpaid fees or penalties within five years of the purchase date.

g. (1) Except as provided in paragraph (2) of this subsection, a new operator taking control of an existing tenant business shall assume liability for the payment of all existing unpaid fees and penalties assessed for that business. The department shall issue requests for payment of unpaid fees or penalties within a period of five years from the date of the change in operator; provided, however, a new operator who was a principal in, or agent of, the business previously occupying the property or who is related to a principal in, or agent of, that business by blood, adoption, or marriage shall assume existing liability for the payment of all unpaid fees and penalties indefinitely.

(2) A new operator who occupies all or part of the property with a business not previously situated on the property shall not assume liability for the payment of unpaid fees and penalties.

h. As used in this section:

"Operator" means a person or persons in the position of a tenant or lessee who conducts business from and is in actual physical possession or occupancy of all or part of the property.

"Owner" means a property owner, or the owner’s agent or representative, whose name appears on the title in the public records.

(cf: P.L1999, c.401, s.2)

6. Section 20 of P.L.1983, c.383 (C.52:27D-211) is amended to read as follows:

20. a. Notices, rules, decisions, and orders required or permitted to be issued and served pursuant to [this act] the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) shall be served as follows:

(1) On the owner and operator by one or more of the following methods:

(a) By [certified] mail to the person designated as owner or agent on the certificate of registration [,] in the municipal tax records [,] or in the records of the Secretary of State [; however, if the certified mailing is returned, the original letter shall be remailed to the last known address of the person by ordinary mail] and to the operator.

(b) By serving the document on the Secretary of State, who shall be deemed the owner's agent for service of process; [except] provided that reasonable efforts have first been made to serve the owner [or his] , or the owner’s agent, and the operator by [certified] mail and that a copy of the document is posted in a conspicuous location on the premises. "Conspicuous location" shall include the walls of the front vestibule or any common foyer or hallway immediately inside the main front entrance.

(d) By leaving the document at the office or dwelling unit of the owner and of the operator with a person 14 years of age or older.

(e) By electronic service to the owner and operator provided that a delivery receipt is obtained.

(2) On any other person by one or more of the following methods:

(a) By [certified] mail to the person at [his] the person’s last known address [; however, if the certified mailing is returned, the original letter shall be remailed to the last known address of the person by ordinary mail].

(b) By personal delivery of the document to the person.

b. The date of personal service or the third day after mailing shall be considered the date of service.

c. As used in this section:

"Operator" means a person or persons in the position of a tenant or lessee who conducts business from and is in actual physical possession or occupancy of all or part of the property.

"Owner" means a property owner, or the owner’s agent or representative, whose name appears on the title in the public records.

(cf: P.L.1983, c.383, s.20)

7. This act shall take effect immediately.

STATEMENT

This bill amends existing law concerning fire safety. Specifically, this bill provides that smoke-sensitive alarm devices are to meet requirements established by the Commissioner of Community Affairs and eliminates the requirement for portable fire extinguishers in certain structures. The bill also provides that, as a condition of licensure of fire inspectors and fire officials, a person is to submit an application to the Division of Fire Safety with the required fee; successfully complete an educational program adopted by the Division of Fire Safety’s Office of Training, Certification, and Licensing; meet prerequisite criteria established by regulation; and pass the State written and practical exams. The bill provides that licensed fire inspectors and fire officials are to conduct fire inspections authorized by the "Uniform Fire Safety Act" and established by regulation in non-life-hazard and life-hazard use groups. Fire inspector and fire official certifications approved by the Office of Training and Certification prior to the effective date of the bill are to be considered equivalent to licenses established pursuant to law.

The bill provides that if an owner or operator has been given notice to abate a violation of the "Uniform Fire Safety Act," any continuing liability for unabated violations of record and unpaid fees or penalties following a change of ownership or tenancy are to be determined in accordance with the provisions of the bill. A new owner who purchases a property without having obtained a certificate stating that there are no unabated violations of record and no unpaid fees or penalties is to be deemed to have notice of all existing violations of record and is to be liable for the payment of all unpaid fees or penalties. The DCA is to issue requests for payment of unpaid fees or penalties within five years of the purchase date.

Except as provided in the bill, a new operator taking control of an existing tenant business is to assume liability for the payment of all existing unpaid fees and penalties assessed for that business. The DCA is to issue requests for payment of unpaid fees or penalties within a period of five years from the date of the change in operator; provided, however, a new operator who was a principal in, or agent of, the business previously occupying the property or who is related to a principal in, or agent of, that business by blood, adoption, or marriage is to assume existing liability for the payment of all unpaid fees and penalties indefinitely. A new operator who occupies all or part of the property with a business not previously situated on the property is not to assume liability for the payment of unpaid fees and penalties.

The bill provides that notice of rules, decisions, and orders concerning the "Uniform Fire Safety Act" are to be served to owners, operators, or other persons by certain methods enumerated in the bill, including electronic methods provided a delivery receipt is obtained.