Bill Text: NJ A1580 | 2010-2011 | Regular Session | Introduced
Bill Title: Grants tenure or permanent status to certified fire officials and inspectors under certain conditions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1580 Detail]
Download: New_Jersey-2010-A1580-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
SYNOPSIS
Grants tenure or permanent status to certified fire officials and inspectors under certain conditions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning fire officials and inspectors and amending 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, 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 provision 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.
d. A fire official or fire inspector who has served in such capacity for three consecutive years in the municipality in which he is currently employed shall:
(1) in a civil service municipality, be granted permanent status in the classified service without examination; or
(2) in a noncivil service municipality, be granted tenure.
A fire official or fire inspector who has been granted permanent status in the classified service without examination or who has been granted tenure pursuant to this subsection shall not be removed from office except for just cause after a prompt, fair and impartial hearing before the appointing authority. An employee may appeal an adverse decision concerning an alleged reprisal or political coercion action of the municipality to the Superior Court within 20 days of the decision.
(cf: P.L.1983, c.383, s.12)
2. This act shall take effect on the first day of the fifth month after enactment.
STATEMENT
The purpose of this bill is to prevent fire officials and fire inspectors from being terminated for political reasons and to prevent reprisals against fire officials and fire inspectors for whistle blowing.
The bill would provide employment security to fire officials and fire inspectors who have worked for three consecutive years in their current positions. Fire officials and fire inspectors in civil service municipalities would be granted permanent status in the classified service without examination, and those in noncivil service municipalities would be granted tenure. In both cases, these employees could not be removed from their positions except for just cause after a fair and impartial hearing and appeal of an adverse decision.
