ASSEMBLY, No. 816

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ARNONE

An Act to amend and supplement the "Uniform Fire Safety Act," approved November 12, 1983 (P.L.1983, c.383).

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

    1. 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 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 unless such owner-occupied buildings fall within the jurisdiction of the enforcing agency for the purposes of s. 4 of P.L. , c. (C. ) (now pending before the Legislature as this bill), 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 provisions of this act, 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, 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.

    b. A local enforcing agency consisting of or employing at least one paid fire inspector who is certified 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, 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 and may inspect buildings and premises other than high-rise structures and life hazard uses in order to secure compliance with this act.

    c. The commissioner shall certify fire inspectors under this act in accordance with such standards as he 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.

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

    2. Section 13 of P.L.1983, c.383 (C.52:27D-204) is amended to read as follows:

    13. a. The department shall have concurrent jurisdiction with local enforcing agencies to enforce this act in all buildings, structures and premises in the State, other than owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units, unless such owner-occupied buildings fall within the jurisdiction of the enforcing agency for the purposes of s. 4 of P.L. c. (C. ) (pending before the Legislature as this bill).

    b. If the commissioner determines that a local enforcing agency which had previously elected to inspect high-rise structures and life hazard uses has failed to properly enforce this act, he shall notify the local enforcing agency of his determination and thereafter all inspection and enforcement with respect to high-rise structures and life hazard uses within the jurisdiction of the local enforcing agency shall be done by the department and all fees and penalties received as a result of the inspection and enforcement shall be paid to the department.

(cf: P.L.1983, c.383, s.13)

    3. (New section) As used in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), "residence" means a building or structure or a part thereof in which families or households live or in which sleeping accommodations are provided for individuals with or without dining facilities, excluding buildings in which people suffering from physical limitations are harbored for medical or other care or treatment or in which people are detained for penal or corrections purposes or in which the liberty of the inmates is restricted.

    4. (New section) A public utility which involuntarily discontinues the operation to a residence of power that is used by the occupant of the residence for heating or cooking purposes shall notify the enforcing agency responsible for enforcing the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et al.) and regulations adopted pursuant to that act in the municipality in which the residence is located of the termination.

    The public utility, at the time of termination of service and by utilizing a model notice adopted by the Board of Regulatory Commissioners, shall inform the occupant of the residence of the dangers involved in using alternate means of power for heating and cooking and shall aid the occupant in finding a safe means of heating and cooking.

    5. (New section) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Board of Regulatory Commissioners shall adopt rules to implement the provisions of this act.

    6. This act shall take effect on the 180th day following enactment, except for section 5, which shall take effect immediately.

STATEMENT

    This bill requires a public utility which involuntarily discontinues residential power that is used for heating or cooking purposes to notify the fire inspector in the municipality in which the residence is located of the cut-off. The fire inspector is the enforcing agency responsible for enforcing the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et al.) in the municipality.

    The public utility is then required to inform the occupant of the residence, in accordance with a model notice adopted by the Board of Regulatory Commissioners, of the dangers involved in using an alternate means of power for heating or cooking and to aid the occupant in finding a safe means of heating the residence and cooking meals.

    The bill requires notice to the fire inspector of a service cut-off only when service has been involuntarily discontinued, and also requires that the information concerning alternate means of cooking and heating be provided by the public utility instead of the fire inspector and to require that rules and regulations be promulgated by the Board of Regulatory Commissioners instead of by the Commissioner of Community Affairs.

    This bill is necessary to prevent the loss of life and property caused by fires started by persons who use unsafe methods of heating their residences and cooking in their residences after the power has been shut off for failure to pay for the service.

Requires a public utility to notify fire inspectors of certain residential power cut-offs.