Bill Text: NJ A4026 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns availability of fire escape mechanisms in residential dwellings; provides penalty for violation.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-05-16 - Introduced, Referred to Assembly Housing Committee [A4026 Detail]
Download: New_Jersey-2022-A4026-Introduced.html
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
SYNOPSIS
Concerns availability of fire escape mechanisms in residential dwellings; provides penalty for violation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fire safety and availability of escape mechanisms and amending P.L.1991, c.92.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.92 (C.52:27D-198.1) is amended to read:
1. a. A structure used or intended for use for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with National Fire Protection Association Standard No. 74-1984 for the installation, maintenance, and use of household fire warning equipment. The installation of battery operated smoke-sensitive alarm devices shall be accepted as meeting the requirements of this section. The smoke-sensitive device shall be tested and listed by a product certification agency recognized by the Bureau of Fire Safety.
b. Each structure, other than a seasonal rental unit, shall also be equipped with at least one portable fire extinguisher in conformance with rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). For the purposes of this section, "portable fire extinguisher" means an operable portable device, carried and operated by hand, containing an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is: (1) rated for residential use consisting of an ABC type; (2) no larger than a 10 pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency. "Seasonal rental unit" means a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes by a person having a permanent residence elsewhere, but shall not include use or rental of living quarters by migrant, temporary or seasonal workers in connection with any work or place where work is being performed.
c. Each structure used or intended for use for residential purposes shall also be equipped with a fire escape mechanism on each level of the structure containing living space above the ground floor of the structure. For purposes of this section, a "fire escape mechanism" means a device or system of devices which will provide for the safe exit of a person or persons from a window when egress through the use of ground floor exits is inaccessible due to fire, smoke, or other life-threatening danger. A fire escape mechanism shall include, but be not limited to, an anchor plate, hook, and rope system. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. This section shall not be enforced except pursuant to sections 2 and 3 of P.L.1991, c.92 (C.52:27D-198.2 and 52:27D-198.3).
(cf: P.L.2005, c.71, s.1)
2. Section 2 of P.L.1991, c.92 (C.52:27D-198.2) is amended to read:
2. a. In any case where a change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises, no such certificate shall issue until the municipal officer or agency responsible for its issuance has determined that the building is equipped with an alarm device or devices [and] , a portable fire extinguisher, and a fire escape mechanism as required by section 1 of P.L.1991, c.92 (C.52:27D-198.1).
b. In the case of change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) to which the provisions of subsection a. of this section do not apply, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining from the relevant enforcement agency under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) a certificate evidencing compliance with the requirements of P.L.1991, c.92 (C.52:27D-198.1 et seq.). The local governing body having jurisdiction over the said enforcing agency or, where the Bureau of Fire Safety is the enforcing agency, the Commissioner of Community Affairs shall establish a fee which covers the cost of inspection and of issuance of the certificate.
(cf: P.L.2005, c.71, s.2)
3. Section 3 of P.L.1991, c.92 (C.52:27D-198.3) is amended to read:
3. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of P.L.1991, c.92 (C.52:27D-198.1 et seq.) when the premises do not comply with the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1), or without complying with the inspection and certification requirements of section 2 of P.L.1991, c.92 (C.52:27D-198.2), shall be subject to a fine of not more than [$500.00] $500 in the case of a violation for an alarm device, [or] a fine of not more than $100 in the case of a violation for a portable fire extinguisher, or a fine of not more than $1,000 in the case of a violation for a fire escape mechanism, which may be collected and enforced by the local enforcing agency as defined in subsection g. of section 5 of P.L.1983, c.383 (C.52:27D-196) by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf: P.L.2005, c.71, s.3)
4. This act shall take effect immediately.
STATEMENT
This bill provides for the implementation of additional fire safety measures in residential structures. This bill would require that in addition to smoke alarms and fire extinguishers, which are already required in certain residential structures, that such structures also be equipped with "fire escape mechanisms." A fire escape mechanism is defined as a device or system of devices which provide for the safe exit of a person or persons from a window when passage through the use of ground floor exits is inaccessible due to fire, smoke, or other life-threatening danger. This bill also provides the Commissioner of Community Affairs with authority to promulgate rules and regulations necessary to implement this new safety measure.
The fire escape mechanism requirement would be enforced by the municipality if it has an ordinance requiring inspections upon a change of occupancy, or by the appropriate fire code official in the event the municipality does not have an inspection ordinance. The bill permits a penalty, not to exceed $1,000, to be imposed for a violation of the fire escape mechanism requirement.
