ASSEMBLY, No. 2039

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Assemblyman LANCE

An Act concerning fire safety and supplementing P.L.1983, c.383 (C.52:27D-192 et seq.).

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

    1. a. The governing body of each municipality may adopt an ordinance requiring the owner to remove snow from any fire hydrant located on his property. The ordinance shall provide that whenever there is a snowfall of four or more inches in the municipality, the owner of each property on which there is located a fire hydrant shall remove the snow within a two foot area around that hydrant within 24 hours of the cessation of the snowfall. The ordinance also shall provide that violators shall be subject to a fine. The fine imposed shall not be less than $25 or more than $500. The governing body may provide a waiver in the ordinance for property owners having medical or health conditions which would make the removal of snow from the fire hydrants located on their property a danger to their personal well-being or for any other unusual circumstance.

    b. The Commissioner of Community Affairs, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. Those rules and regulations shall include a model ordinance to assist governing bodies fulfill their responsibilities under subsection a. of this section.

    2. This act shall take effect on the first day of the sixth month following enactment.

STATEMENT

    This bill supplements the "Uniform Fire Safety Act" (P.L.1983, c.383; C.52:27D-192 et seq.) to permit municipalities to require property owners to remove snow from around any fire hydrants on their property.

    Under the provisions of the bill, the governing body of each municipality may adopt an ordinance requiring property owners to remove snow from a two foot area around the fire hydrants on their property whenever there is a snowfall of four or more inches. The removal is to take place within 24 hours of the cessation of the snowfall. The ordinance shall provide that an owner who fails to remove the snow from around a fire hydrant on his property is subject to a fine of not less than $25 or more than $500.

    The bill authorizes the governing body to provide a waiver in the ordinance exempting owners whose physical condition or health would make it personally dangerous or threatening to their well-being to do such snow removal work. Waivers for "unusual circumstances" are also permitted under the bill.

Permits municipalities to require owners to remove snow around fire hydrants on their property.