ASSEMBLY, No. 497

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROBERTS

An Act establishing a free smoke detector program and supplementing Title 52 of the Revised Statutes.

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

    1. The Legislature finds and declares that:

    a. Recent figures indicate that residential fires represent approximately 80% of fire related deaths in the State of New Jersey and that in 62% of the residential fire incidents that resulted in deaths in this State, smoke detectors were either not present or present but not operating.

    b. Statistics show that smoke detectors can double the chance of survival from an accidental house fire; a properly installed and maintained smoke detector is one of the most important safety devices available to protect persons and property from accidental house fires.

    c. A program to provide smoke detectors to elderly, disabled and poor persons would be a cost effective way to minimize injuries and deaths caused by accidental house fires.

    2. There is established in the bureau of fire safety in the Department of Community Affairs a free smoke detector program. The bureau shall provide smoke detectors at no cost to elderly, disabled and poor persons in the State on a priority basis according to guidelines established by the Commissioner of Community Affairs. The program shall include distribution, installation assistance and educational materials on basic fire safety principles and smoke detector maintenance.

    3. There is created the "Smoke Detector Penalty Fund" in the Department of Community Affairs, which fund shall be a nonlapsing, revolving fund dedicated to the free smoke detector program established pursuant to this act. The fund shall be comprised of monies collected from penalties assessed for violations of the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), which concern the installation, operation or maintenance of a smoke detector or similar device and any other monies appropriated thereto to carry out the purposes of this act. Interest earned on monies deposited in the fund shall be credited to the fund.

    4. Notwithstanding any provision of law to the contrary, a penalty paid for a violation in connection with the installation, operation or maintenance of a smoke detector or similar device shall be placed in the "Smoke Detector Penalty Fund" created pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    5. This act shall take effect on the 60th day after enactment and shall expire five years thereafter.

STATEMENT

    This bill establishes the free smoke detector program in the bureau of fire safety in the Department of Community Affairs. The program is established to provide free smoke detectors to elderly, disabled and poor persons of the State on a priority basis as established by the Commissioner of Community Affairs. The bill provides that the program shall include distribution, installation assistance and educational materials regarding fire safety and smoke detector maintenance.

    The bill establishes the "Smoke Detector Penalty Fund" which fund shall be dedicated to the free smoke detector program. The fund is a nonlapsing, revolving fund comprised of monies collected from penalties assessed for violations of the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), which concern the installation, operation or maintenance of a smoke detector or similar device and any other monies appropriated thereto to carry out the purposes of this act. The bill also provides that interest earned on monies deposited in the fund shall be credited to the fund.

    The bill provides that it shall take effect on the 60th day after enactment and shall expire five years thereafter.

Establishes free smoke detector program in DCA.