SENATE, No. 2230
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 17, 1997
By Senator CASEY
An Act concerning the powers and duties of county fire marshals, amending N.J.S.40A:14-2, supplementing chapter 14 of Title 40A of the New Jersey Statutes and repealing N.J.S.40A:14-4 and N.J.S.40A:14-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-2 is amended to read as follows:
N.J.S.40A:14-2. County Fire Marshal; powers and duties.
The county fire marshal shall: act in an advisory capacity to all of the fire companies in the county, conduct investigations pertaining to the cause and origins of fires, conduct studies pertaining to the elimination of fire hazards and [in reference thereto make recommendations to the board of chosen freeholders. The said board may act upon such recommendations and take action for the abatement of fire hazards] , subject to the approval of the board of chosen freeholders, have authority to enforce the provisions of the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.). The county fire marshal shall report to the entity with control over the executive functions of the county. The term "entity with control over the executive functions of the county" means:
a. in counties other than those that have adopted a form of government pursuant to the provisions of P.L.1972, c.154 (C.40:41A-1 et seq.), the board of freeholders, unless such a county has created the position of county administrator pursuant to (N.J.S.40A:9-42), in which case the term means the county administrator;
b. in counties that have adopted a form of government pursuant to the provisions of P.L.1972, c.154 (C.40:41A-1 et seq.), the county executive, the county manager, the county supervisor or the board president, depending upon the county form of government.
The county fire marshal, subject to the approval of the [said] board of chosen freeholders, may:
(1) [regulate the use, storage, sale and disposal of inflammable or combustible materials;](deleted by amendment)
(2) [provide for the protection of life and property from danger of fires and explosions; and] (deleted by amendment)
(3) [provide for the inspection of fire hazards in buildings, docks, wharves, warehouses and other places.](deleted by amendment)
(4) accept the responsibility to be the enforcing agency for a municipality or fire district under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) if requested to do so by ordinance of the municipality or resolution of the fire district;
(5) act as training administrator of county fire training facilities and coordinate training programs with fire departments, agencies and established training committees;
(6) offer assistance to families, units of government and mental health agencies including law enforcement for intervention in juvenile fire setting incidents;
(7) provide for the prevention of fire hazards and initiate programs for public awareness; and
(8) provide municipal fire departments with such assistance as necessary to coordinate, control or extinguish any emergency situation when requested by the incident commander or fire chief of the department having jurisdiction.
(cf: N.J.S.40A:4-2)
2. (New section) a. The board of freeholders of any county which has created the office of county fire marshal may by ordinance or resolution, as appropriate, create an arson investigation unit within the office of county fire marshal and provide for the maintenance, regulation and control thereof. The arson investigation unit shall be responsible for conducting investigations of arson, suspicious fires or explosions in those municipalities within the county that have not created an arson investigation unit pursuant to the provisions of section 1 of P.L.1981, c.409 (C.40A:14-7.1).
b. Before any county fire marshal or assistant fire marshal shall be assigned to an arson investigation unit, that person shall have successfully completed an appropriate course of training approved by the Police Training Commission and an arson investigation training course approved by the Department of Law and Public Safety.
c. Any county fire marshal or assistant fire marshal who is assigned to an arson investigation unit pursuant to this section shall attend and successfully complete in-service training programs as required by the Division of Criminal Justice.
d. Any county fire marshal or assistant fire marshal who is assigned to an arson investigation unit pursuant to this section shall have the same powers and authority of a police officer within the municipality while engaging in the actual performance of arson investigation duties.
3. N.J.S.40A:14-4 and N.J.S.40A:14-5 are hereby repealed.
4. This act shall take effect immediately.
STATEMENT
This bill would eliminate the powers and duties of county fire marshals that have become antiquated over time and conflict with other State regulations. Powers such as the power to inspect fire hazards in buildings, docks, wharves, warehouses and other places no longer pertain due to adoption the New Jersey State "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.). This bill would also amend existing law to more accurately reflect the duties that county fire marshals perform.
While the bill would require the county fire marshal to report to the entity with control over the executive functions of the county, it would retain the power of boards of chosen freeholders to establish an office of county fire marshal. Furthermore, the bill would require board approval before an office of county fire marshal could engage in the powers and duties that could be bestowed by this bill.
These powers and duties include the ability to:
accept the responsibility to be the enforcing agency for a municipality or fire district under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) if requested to do so by ordinance of the municipality or resolution of the fire district;
act as training administrator of county fire training facilities and coordinate training programs with fire departments, agencies and established training committees;
offer assistance to families, units of government and mental health agencies including law enforcement for intervention in juvenile fire setting incidents;
provide for the prevention of fire hazards and initiate programs for public awareness; and
provide municipal fire departments with such assistance as necessary to coordinate, control or extinguish any emergency situation when requested by the incident commander or fire chief of the department having jurisdiction.
The bill would also authorize boards of freeholders to create an arson investigation unit within the office of county fire marshal, which unit would be responsible for conducting investigations of arson, suspicious fires or explosions in those municipalities that have not created a municipal arson investigation unit under existing law. Because current law only allows a municipality to create an arson investigation unit if the municipality has established a paid or part-paid fire department or force, all municipalities that have volunteer fire departments are unable to create arson investigation units.
Authorizes certain changes to office of county fire marshal and allows creation of arson investigation unit therein.