ASSEMBLY, No. 708

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman R. SMITH

An Act concerning fire safety and amending P.L.1983, c.383.

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

    1. Section 10 of P.L.1983, c.383 (C.52:27D-201) is amended to read as follows:

    10. a. Within 90 days of the effective date of this act, and thereafter as required by subsection c. of this section, the owner of a life hazard use or high-rise structure shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of registration. Each application shall include information prescribed by the commissioner to enforce the provisions of this act. Upon receipt of the application, the commissioner shall forthwith issue to the owner of the life hazard use or high-rise structure a certificate of registration, which certificate of registration shall be posted by the owner of the structure in a conspicuous location therein. The certificate of registration shall be in such form as may be prescribed by the commissioner.

    b. Within 90 days of the effective date of this act, and thereafter as required by subsection c. of this section, the owner of each life hazard use or high-rise structure shall appoint an agent for the purpose of receiving service of process and orders or notices issued by the commissioner pursuant to this act. Each agent shall be either a resident of this State or a corporation licensed to do business in this State.

    c. If the ownership of a life hazard use or high-rise structure is transferred, whether by sale, assignment, gift, intestate succession, testate devolution, reorganization, receivership, foreclosure or execution process, the new owner shall file with the commissioner, within 30 days of the transfer, an application for a certificate of registration pursuant to subsection a. of this section and appoint an agent for the service of process pursuant to subsection b. of this section.

    d. If an owner of a life hazard use or high-rise structure has not fulfilled the requirements of this section, the commissioner shall notify the owner in writing that he is in violation of this section and shall order that registration be accomplished within 30 days. The notice and order shall include an accurate restatement of the subsection of this section with which the owner has not complied. If the owner has not complied with the order of the commissioner within 30 days of the date on which it was mailed, the commissioner shall order him to pay not less than $200.00 and not more than $1,000.00 for each registration. The commissioner may issue a certificate to the clerk of the Superior Court that the owner is indebted for the payment of the penalty and the clerk shall immediately enter upon his record of docketed judgments the name of the owner and of the department, a designation of the statute under which the penalty is imposed, the amount of the penalty certified and the date the certification was made. The making of the entry shall have the same effect as the entry of the docketed judgment in the office of the clerk but without prejudice to the owner's right of appeal.

    e. [On] Except as provided in subsection h. of this section, on or before July 1[, next following the effective date of this act, and annually thereafter,]in each year the owner of each life hazard use and of each high-rise structure in the State shall pay to the department an annual fee in an amount which the commissioner shall establish by regulation and which shall allow the department to recover the cost to it and to local enforcing agencies of administering this act.

    Annual fees received from owners of life hazard uses and high-rise structure inspected by a local enforcing agency shall be divided between the local enforcing agency and the department in accordance with a percentage formula which the commissioner shall establish by regulation and which shall allow the department to recover the cost to it of administering this act in municipalities having local enforcement.

    With the approval of the department, local enforcement agencies may collect the annual fee and remit to the department only that percentage of the annual fee which the commissioner shall have established by regulation as constituting the department's share of the fee.

    f. All moneys which the commissioner shall receive in the form of fees and for penalties for failure to register shall be appropriated to the department to pay the cost of enforcing this act.

    g. The owner of a life hazard use not exempted from payment of fees under subsection h. of this section or high-rise structure shall pay the annual fee within 30 days of the day on which it is demanded by the department or the local enforcing agency. If he fails to do so, the department may issue a certificate to the clerk of the Superior Court that the owner is indebted to the department for the payment of the annual fee and the clerk shall immediately enter upon his record of docketed judgments and the name of the owner and of the department, a designation of the statute under which the fee is assessed, the amount of the fee certified and the date the certification was made. The making of the entry shall have the same effect as the entry of a docketed judgment in the office of the clerk, but without prejudice to the owner's right of appeal.

    h. No fee established pursuant to this section for inspection and enforcement under P.L.1983, c.383 (C.52:27D-192 et seq.) or for any permit required under the code promulgated pursuant to section 7 of P.L.1983, c.383 (C.52:27D-198) shall be charged in relation to any life hazard facility owned, maintained and operated by a religious society, congregation, church, sect or denomination incorporated under Title 16 of the Revised Statutes or under N.J.S.15A:1-4 or N.J.S.15A:1-5 for the purpose of furthering and sustaining the religious, ethical or doctrinal aims thereof, including without limitation any place of assembly, whether or not used exclusively for religious services, and any school or child care facility, whether or not enrollment therein is restricted to persons or families adhering to or professing the doctrines or tenets of the society, congregation, church, sect or denomination owning, maintaining and operating such facility. Nothing in this subsection shall be construed as exempting, except as to payment of fees, any facility from compliance with the code promulgated pursuant to section 7 of P.L.1983, c.383 (C.52:27D-198) or from inspection thereunder and enforcement thereof by the appropriate enforcing agency, or from penalty for failure of compliance pursuant to subsection d. of this section.

(cf: P.L.1983, c.383, s.10)

    2. This act shall take effect immediately.

STATEMENT

    This bill would exempt churches and other religious organizations from the payment of fees charged under the Uniform Fire Code for inspection of certain facilities that the code classifies as "life hazard uses", including schools and day care facilities. It would not exempt them from compliance with the physical requirements for fire safety that the code imposes upon such facilities.

Exempts nonprofit religious corporations from payment of fees for fire safety inspections of certain facilities.