ASSEMBLY, No. 2118
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Assemblyman ZISA, Assemblywoman WEINBERG and Assemblyman Kelly
An Act concerning the regulation of hazardous substances and amending and supplementing P.L.1983, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1983, c.383 (C.52:27D-196) is amended to read as follows:
5. As used in this act:
a. "Commissioner" means the Commissioner of the Department of Community Affairs or his delegate.
b. "Department" means the Department of Community Affairs.
c. "Fire safety commission" means the fire safety commission created by section 5 of P.L.1983, c.382 (C. 52:27D-25e).
d. "High-rise structure" means a building or structure having floors used for human occupancy located either more than six stories or more than 75 feet above the lowest level accessible to a fire department vehicle.
e. "Life hazard use" means a building or structure, or part thereof, classified in any of the following use groups in the 1981 edition of the Building Officials and Code Administrators International (BOCA) Basic Building Code: A-1, A-2, A-3, A-5, and I, a covered mall subject to section 630.0 of the 1981 edition of the BOCA Basic Building Code, and any other use which the commissioner defines by regulation as a life hazard.
f. "Dwelling unit" means a room, suite, or apartment which is occupied or intended to be occupied for dwelling purposes by one or more persons living independently of persons in similar dwelling units.
g. "Enforcing agency" means the department, a municipal or county department or agency, or a fire district which has been authorized by municipal ordinance to enforce this act.
h. "Protective equipment" mean any equipment, device, system or apparatus permitted or required by the commissioner to be constructed or installed in or upon a building, structure or premises for the purpose of protecting the occupants or intended occupants thereof, fire fighters or the public generally from fire or other products of combustion.
i. "Owner" means a person who owns, purports to own, manages, rents, leases or exercises control over a building, structure or premises.
"Employer" means any person or corporation in the State engaged in business operations which has a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget, within the following Major Group Numbers, Group Numbers, or Industry Numbers, as the case may be, except as otherwise provided herein:
Major Group Number 07 (Agricultural Services), only Industry Number 0782--Lawn and garden services; Major Group Numbers 20 through 39 inclusive (manufacturing industries); Major Group Number 42 (Motor Freight Transportation and Warehousing), only Industry Numbers 4213--Trucking, Except Local, and 4214--Local Trucking With Storage, and Industry Group Numbers 422--Public Warehousing and Storage and 423--Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation; Major Group Number 45 (Transportation by Air), only Industry Number 4511--Air Transportation, certified carriers, and Group Number 458--Air Transportation Services; Major Group Number 46 (Pipelines, Except Natural Gas); Major Group Number 47 (Transportation Services), only Group Numbers 471--Freight Forwarding, 474--Rental of Railroad Cars, and 478--Miscellaneous Services Incidental to Transportation; Major Group Number 48 (Communication), only Group Numbers 481--Telephone Communication, and 482--Telegraph Communication; Major Group Number 49 (Electric, Gas and Sanitary Services); Major Group Number 50 (Wholesale Trade--Durable Goods), only Industry Numbers 5085--Industrial Supplies, 5087--Service Establishment Equipment and Supplies, and 5093--Scrap and Waste Materials; Major Group Number 51 (Wholesale trade, nondurable goods), only Group Numbers 512--Drugs, Drug Proprietaries and Druggist's Sundries, 516--Chemicals and Allied Products, 517--Petroleum and petroleum products, 518--Beer, Wine and Distilled Alcoholic Beverages, and 519--Miscellaneous Nondurable Goods; Major Group Number 52 (Building Materials, Hardware, Garden Supply, and Mobile Home Dealers), only Industry Numbers 523--Paint, Glass, and Wallpaper Stores, 525--Hardware Stores, and 526--Retail Nurseries, Lawn and Garden Supply Stores; Major Group Number 54 (Food Stores), only Industry Number 541--Grocery Stores; Major Group Number 55 (Automobile Dealers and Gasoline Service Stations), only Industry Numbers 551--Motor Vehicle Dealers (New and Used), 552--Motor Vehicle Dealers (Used only), 553--Auto and Home Supply Stores, and 554--Gasoline Service Stations; Major Group Number 72 (Personal Services), only Industry Numbers 7216--Dry Cleaning Plants, Except Rug Cleaning, 7217--Carpet and Upholstery Cleaning, and 7218--Industrial Launderers; Major Group Number 73 (Business Services), only Industry Number 7397 Commercial testing laboratories; Major Group Number 75 (automotive repair, services, and garages), only Group Number 753--Automotive Repair Shops; Major Group Number 76 (miscellaneous repair services), only Industry Number 7692--Welding Repair; Major Group Number 80 (health services), only Group Number 806--Hospitals; and Major Group Number 82 (educational services), only Group Numbers 821--Elementary and Secondary Schools and 822--Colleges and Universities, and Industry Number 8249--Vocational Schools. Except for the purposes of section 26 of this act, "employer" means the State and local governments, or any agency, authority, department, bureau, or instrumentality thereof, or any non-profit, non-public school, college or university.
"Environmental hazardous substance" means any substance on the environmental hazardous substance list developed by the Department of Environmental Protection pursuant to section 4 of P.L. 1983, c.315 (C.34:5A-4), and any substance on the United States Department of Transportation Hazardous Materials List established pursuant to 49 C.F.R.172:101 and 172.102.
"Facility" means the building, equipment, temporary storage containers, and contiguous area at a single location used by an employer for the conduct of business.
(cf: P.L.1983, c.383, s.5)
2. Section 7 of P.L.1983, c.383 (C.52:27D-198) is amended to read as follows:
7. a. The commissioner shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), and after consulting with the fire safety commission, regulations to insure the maintenance and operation of buildings and equipment in such a manner as will provide a reasonable degree of safety from fire and explosion.
Regulations promulgated pursuant to this section shall include a uniform fire safety code primarily based on the standards established by the Life Safety Code (National Fire Protection Association 101) and any other fire codes of the National Fire Protection Association and the Building Officials and Code Administrators International (BOCA) Basic Fire Prevention Code, both of which may be adopted by reference. The regulations may include modifications and amendments the commissioner finds necessary.
b. The code promulgated pursuant to this section shall include the requirements for fire detection and suppression systems, elevator systems, emergency egresses and protective equipment reasonably necessary to the fire safety of the occupants or intended occupants of new or existing buildings subject to this act, including but not limited to electrical fire hazards, maintenance of fire protection systems and equipment, fire evacuation plans and fire drills, [and] all components of building egress, and the requirements of section 3 of P.L. , c. (C. ) (now before the Legislature as this bill). In addition, the regulations issued and promulgated pursuant to this section which are applicable to new or existing buildings shall include, but not be limited to fire suppression systems, built-in fire fighting equipment, fire resistance ratings, smoke control systems, fire detection systems, and fire alarm systems including fire service connections.
c. When promulgating regulations, the commissioner shall take into account the varying degrees of fire safety provided by the different types of construction of existing buildings and the varying degrees of hazard associated with the different types and intensity of uses in existing buildings. When preparing regulations which require the installation of fire safety equipment and devices, the commissioner shall consult with the fire safety commission and shall take into account, to the greatest extent prudent, the economic consequences of the regulations and shall define different use groups and levels of hazard within more general use groups, making corresponding distinctions in fire safety requirements for these different uses and levels of hazard. The commissioner shall also take into account the desirability of maintaining the integrity of historical structures to the extent that it is possible to do so without endangering human life and safety. The regulations established pursuant to this subsection shall apply to secured vacant buildings only to the extent necessary to eliminate hazards affecting adjoining properties.
d. Except as otherwise provided in this act, including rules and regulations promulgated hereunder, all installations of equipment and other alterations to existing buildings shall be made in accordance with the technical standards and administrative procedures established by the commissioner pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and shall be subject to plan review and inspection by the local construction and subcode officials having jurisdiction over the building, who shall enforce the regulations established pursuant to this act applicable to the installation or other alteration along with the regulations established pursuant to the "State Uniform Construction Code Act."
e. The commissioner shall, by regulation, establish standards, procedures and fees for the certification of persons engaged in the business of installing fire suppression systems, for the warranting of those systems, and for the establishment, funding and operation of a warranty security program. A fire suppression system installed in a building subject to this act shall be warranted in accordance with those standards and procedures, shall be required to be covered by the warranty security program, and shall be installed by a person certified in accordance with those standards and procedures.
(cf: P.L.1983, c. 383, s.7)
3. (New section) a. Every employer shall post in plain view, either outside the main points of entry or immediately inside the point of entry of any facility and any area within a facility in which environmental hazardous substances are stored, a United States Department of Transportation Hazardous Materials Warning Placard which corresponds to the hazard presented by any environmental hazardous substance that is stored or will be stored within the facility or area, and which displays, to the extent possible, the United Nations or North American Identification Numbers established pursuant to 49 C.F.R.172.101 and 172.102;
b. If the environmental hazardous substance will be stored for less than 72 hours, an employer shall also (a) immediately report to the enforcing agency of the municipality within which the facility is located the quantity and type of environmental hazardous substance being stored; and (b) designate one employee as an official contact person, who shall be available at all times and shall be able to provide up-to-date information on the types and quantities of environmental hazardous substances in the facility in the event of an emergency.
c. Notwithstanding the requirements of subsections a. or b. of this section, every employer engaged in business operations which has a Standard Industrial Classification, as designated in the Standard Industrial Classification Manual prepared by the federal Office of Management and Budget, within Major Group Numbers 42 (Motor Freight Transportation and Warehousing), 52 (Building Materials, Hardware, Garden Supply, and Mobile Home Dealers), 54 (food Stores), or within Industry Group Number 553--Auto and Home Supply Stores, shall:
(1) post in plain view, at or near the main points of entry of any facility and any area within the facility in which the environmental hazardous substances are stored, a United States Department of Transportation Hazardous Materials Warning Placard which corresponds to the hazard presented by the environmental hazardous substance, and which displays, to the extent possible, the United Nations or North American Identification Numbers established pursuant to 49 C.F.R.172.101 and 172.102; or
(2) post in plain view, at or near the main points of entry of any facility and any area within the facility in which the environmental hazardous substances are stored, a United States Department of Transportation Hazardous Materials Warning Placard which contains the word "Dangerous" in large print.
4. (New section) If an employer uses or stores any amount of an environmental hazardous substance below the de minimus amount adopted by the Department of Community Affairs pursuant to section 5 of this act, at a facility for less than 72 hours, an enforcing agency may, upon making a determination that the quantity of the environmental hazardous substance or substances poses a threat to the public safety, require that employer to post in plain view, at or near the main points of entry of any facility and any area within the facility in which the environmental hazardous substances are stored, a United States Department of Transportation Hazardous Materials Warning Placard which contains the word "Dangerous" in large print. A State agency, including but not necessarily limited to the Department of Environmental Protection, the Department of Community Affairs and the Department of Health, shall, upon the request of an enforcing agency, provide information, expertise and advice concerning the need for imposing the requirement authorized pursuant to this section.
5. (New section) Within 120 days of the effective date of this amendatory and supplemental act, the Department of Community Affairs, in consultation with the Department of Environmental Protection and the Department of Health, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the purposes of this act, including the establishment of de minimus amounts of each environmental hazardous substance as defined pursuant to this act.
6. This act shall take effect immediately.
STATEMENT
This bill would amend the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), to require all employers that use or store environmental hazardous substances, as defined in the bill, to post placards, at or near the point of entry of a facility and any area within a facility, indicating the type of hazardous chemical used or stored within that facility or area. The bill also defines facility to include temporary storage containers, which covers trucks and trailers used to load and unload hazardous substances. The placards would be in conformance with the United States Department of Transportation Hazardous Materials Warning Placard system, in conjunction with the United Nations or North American Hazardous Materials Identification System, which designates a four-digit number for certain hazardous substances.
Owners of facilities in which environmental hazardous substances will be stored for less than 72 hours would also be required to report immediately the quantity and type of such substances to the enforcing agency (i.e., fire district) of the municipality in which they are located, as well as designate an official contact person who would be available to provide up-to-date information on EHSs within the facility on an around-the-clock basis. Owners of facilities such as trucking companies, hardware and food stores, and garden, auto and home supply stores, would have the option of posting either the placard corresponding to the environmental hazardous substance or a placard with the word "Dangerous" on it.
The bill also authorizes a local agency enforcing the Code, upon making a determination that a smaller than regulated quantity of the environmental hazardous substance or substances poses a threat to the public safety, to require an employer to post a placard with the word "Dangerous" in large print. Appropriate State agencies would be required to offer expertise and advice to the local enforcing agency at the latter's request.
Within 120 days of enactment of this bill, the Department of Community Affairs (DCA) would be required to adopt rules and regulations establishing de minimus amounts for each environmental hazardous substance, as well as any other rules and regulations necessary to implement the provisions of the bill.
This bill would strengthen the ability of local fire officials to have access to accurate and timely information on the environmental hazardous substances they may encounter in responding to a fire emergency. In recent years, officials have operated in the absence of this critical information, often at great risk to both themselves and to the community at large. This bill would help to ensure the public safety by providing fire officials with the tools they need to make these critical decisions before injury or loss of life occurs.
Requires certain businesses to post hazardous substance warning placards under certain circumstances.