Bill Text: NJ A2996 | 2014-2015 | Regular Session | Chaptered

New Jersey Assembly Bill 2996 (Prior Session Legislation)

Bill Title: Authorizes snow removal from covered fire hydrants and locator pole installation.*

Sponsorship: Partisan Bill (Democrat 6)

Status: (Passed) 2015-07-06 - Approved P.L.2015, c.71. [A2996 Detail]

Download: New_Jersey-2014-A2996-Chaptered.html

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C.40:65-12.1 &

40:65-12.2

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P.L.2015, CHAPTER 71, approved July 6, 2015

Assembly, No. 2996 (Fourth Reprint)

An Act concerning snow accumulation over fire hydrants, and supplementing chapter 65 of Title 40 of the Revised Statutes.

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

1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Director" means the Director of the Division of ⁴[Local Government Services] Fire Safety⁴ in the Department of Community Affairs.

"Division" means the Division of Division of ⁴[Local Government Services] Fire Safety⁴ in the Department of Community Affairs.

"Hydrant locator pole" means a pole installed on ³,or adjacent to, as appropriate,³ a fire hydrant to enable the hydrant to be located when covered in snow.

"Snow coverage" means the initial complete coverage of the fire hydrant as a result of natural precipitation or street clearing activities.

³["Water purveyor" means a public or private entity, including both for-profit and not-for-profit companies, that provides water for human consumption.]³

b. On or before the first day of the twelfth month next following the operative date of P.L. , c. (C. ) (pending before the Legislature as this bill), the governing body of every municipality ¹[shall either] may¹:

(1) install, or cause to be installed, a hydrant locator pole on every working fire hydrant within municipal boundaries. The hydrant locator pole shall be maintained in compliance with rules and regulations adopted by the director;

(2) ²[adopt an ordinance or resolution, as applicable, ¹notwithstanding any provision of chapter 19 of Title 48 of the Revised Statutes,¹ requiring any water purveyor servicing the municipality to clear all fire hydrants within their service area of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director;

(3)]² adopt an ordinance or resolution, as applicable, requiring the owner of any real property abutting any fire hydrant to clear such fire hydrant of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director; or

²[(4)] (3)² adopt an ordinance or resolution, as applicable, ¹[requiring] directing¹ the municipality itself, or any department thereof, to clear all fire hydrants of snow, within 24 hours of snow coverage, in compliance with rules and regulations adopted by the director.

c. If a party responsible for fire hydrant clearance under subsection b. of this section fails to perform the required clearance within the specified time, the municipality, or any department thereof, may perform the clearance and bill the responsible party no more than $75 for the service.

¹[2. The director shall require the governing body of every municipality to either verify the installation of hydrant locator poles to the division, or file a copy of the resolution or ordinance requiring fire hydrant clearance with the division. If a municipality does not comply with this verification or filing requirement, in compliance with rules and regulations adopted by the director, by the first day of the thirteenth month next following the operative date of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), then, pursuant to the "Local Budget Law," N.J.S.40A:4-1 et seq., the director shall not approve the municipality's budget until the governing body of the municipality takes such action as is necessary to comply.]¹

¹[3.] 2.¹ On or before the first day of the sixth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the director, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), ⁴[and in consultation with the Director of the Division of Fire Safety in the Department of Community Affairs,]⁴ shall adopt and promulgate such rules and regulations as may be necessary for the implementation of this act, including guidance for the acceptable physical characteristics of hydrant locator poles, maintenance requirements for such poles, and snow removal standards.

¹[4.] 3.¹ This act shall take effect immediately, but section 1 shall remain inoperative until the first day of the sixth month next following enactment.