Bill Text: NJ A4899 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes uniform standard for identifying and accessing fire hydrants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-14 - Introduced, Referred to Assembly Housing and Community Development Committee [A4899 Detail]
Download: New_Jersey-2014-A4899-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Establishes uniform standard for identifying and accessing fire hydrants.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning identification of and access to fire hydrants, supplementing chapter 65 of Title 40 of the Revised Statutes, and amending P.L.2015, c.71.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. A unified, Statewide standard does not exist for marking fire hydrants and the lack of such a standard may jeopardize public safety, the residents of this State, and their property.
b. Water from fire hydrants is among the most commonly used extinguishing agents for firefighting as well as the most abundant and least expensive extinguishing agent.
c. Fire hydrants are connected to different sized water mains of varying water pressure. The best way to determine the available water supply from a fire hydrant is by identifying the hydrant's water main size, static and residual water pressure, and flow capacity.
d. In the absence of a uniform standard for identifying fire hydrants, firefighters may struggle to determine how much water a particular hydrant will provide, making it difficult for firefighters arriving at the scene of an active fire to quickly determine the tactics they should employ.
e. The most efficient means to convey important information about fire hydrants to firefighters is to paint hydrants' bodies, bonnets, and caps using a standardized color code. The color code will give firefighters a reasonably accurate picture as to how a particular hydrant will perform during an active fire and will make it easier for fire crews to recognize hydrant capacities as they perform their duties. Moreover, the color code will aid arriving firefighters in determining how much water is available to them and whether it will be necessary to call in additional resources or to locate another hydrant.
f. Uniform, Statewide color standards will provide valuable information to mutual aid fire departments assisting other communities, who may have minimal knowledge of the hydrants, water mains, and water supply in the area.
g. Conspicuous markings on or around fire hydrants allow firefighters to quickly locate a hydrant, especially in situations where debris or an illegally parked vehicle obstructs their view of a hydrant.
h. The area around a fire hydrant shall be kept free of plant materials, debris, block walls, posts, fences, trash, vehicles, equipment, and other materials or objects that may hinder a firefighter's ability to locate and use a fire hydrant at all times.
i. Having accurate water supply information and the ability to quickly identify the location of hydrants will lead to quicker, more effective decision-making by firefighters in combating fires and help preserve life and property in the State.
2. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Approved potable water supply" means a water supply which the Department of Environmental Protection has approved as potable pursuant to Title 58 of the Revised Statutes, or any other law.
"Board" means the Board of Public Utilities.
"Body" means the barrel or upper standpipe of a fire hydrant.
"Bonnet" means the upper most portion of the body of a fire hydrant.
"Cap" means a cover attached to the body of a fire hydrant that covers the openings located on the fire hydrant.
"Fire hydrant" means an above-ground fire protection device, which enables firefighters to tap into a municipal or private water supply to extinguish a fire.
"GPM" means gallons per minute.
"PSI" means pounds per square inch.
"Rated capacity" means the flow available from a fire hydrant at a designated residual pressure measured in gallons per minute.
"Residual pressure" means the pressure that exists in a water distribution system connected to a fire hydrant, as measured at the time a fire hydrant is fully flowing.
"Utility" means an individual, partnership, association, corporation, or public entity that owns, operates, manages, or controls any pipeline, water, sewer, plant, or equipment for public use, under privileges granted by this State or by any political subdivision thereof.
3. (New section) Within one year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a utility shall test the rated capacity of each fire hydrant under its ownership or control in accordance with chapter 4 of the 2016 edition of National Fire Protection Agency (NFPA) 291.
4. (New section) a. Fire hydrants shall be classified in accordance with their rated capacities at 20-psi residual pressure as follows:
(1) Class AA - Rated capacity of 1500 gpm or greater;
(2) Class A - Rated capacity of 1000-14999 gpm;
(3) Class B - Rated capacity of 500-999 gpm; and
(4) Class C - Rated capacity of less than 500 gpm.
b. Within two years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) as part of the regularly scheduled maintenance of a fire hydrant, a utility shall paint the bonnet and cap of every fire hydrant under its ownership or control according to the following capacity-indicating color scheme:
(1) Class AA - Light blue;
(2) Class A - Green;
(3) Class B - Orange; and
(4) Class C - Red.
c. The capacity-indicating color on the bonnet and cap of a fire hydrant shall be of reflective-type paint.
d. Within two years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) as part of the regularly scheduled maintenance of a fire hydrant:
(1) The body of a fire hydrant supplied with water from an approved potable water supply shall be painted blue.
(2) The body of a fire hydrant supplied with water from a non-potable water supply shall be painted violet.
5. (New section) Within 180 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a fire hydrant that is permanently inoperable or unusable shall be extracted and removed. A utility may sell or repurpose the extracted fire hydrant, or its parts, to recover the cost of the removal.
6. (New section) a. A utility that fails to maintain a fire hydrant under its ownership or control pursuant to the provisions of section 4 or 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be fined not more than $500 for each violation. A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of section 4 or 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the board, as plaintiff.
b. A utility that purposely
or knowingly fails to maintain a fire hydrant under its ownership or control
pursuant to the provisions of section 4 or 5 of P.L. , c. (C. )
(pending before the Legislature as this bill) in any manner which threatens the
health or safety of any person, shall be guilty of a crime of the fourth degree
and shall, in addition to a civil penalty, be subject to a fine not to exceed
$1,000 or imprisonment for a term not to exceed one year, or both.
7. (New section) The board, in consultation with the Director of the Division of Fire Safety in the Department 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.), necessary to carry out the purposes of this act.
8. Section 1 of P.L.2015, c.71 (C.40:65-12.1) is amended to read as follows:
1. a. As used in P.L.2015, c.71 (C.40:65-12.1 et seq.):
"Director" means the Director of the Division of Fire Safety in the Department of Community Affairs.
"Division" means the Division of Fire Safety in the Department of Community Affairs.
"Hydrant locator pole" means a reflective, spring-loaded pole, at least 60 inches in height, installed on, or adjacent to, as appropriate, 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.
b. On or before the first day of the twelfth month next following the operative date of P.L.2015, c.71 (C.40:65-12.1 et seq.), the governing body of every municipality may:
(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;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(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
(3) adopt an ordinance or resolution, as applicable, directing 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.
d. 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 shall:
(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; and
(2) adopt an ordinance or resolution, as applicable, requiring the owner of any real property abutting a fire hydrant to maintain a minimum of five feet in diameter clearance of tall brush, snow, and other debris around each fire hydrant on the owner's property.
e. (1) An owner of real property abutting a fire hydrant who violates the provisions of paragraph (2) of subsection d. of this section shall be fined not more than $500 for each violation. A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of paragraph (2) of subsection d. of this section if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the municipality, as plaintiff.
(2) A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the municipality where the violation occurred and shall be deposited into the treasury of the municipality.
(cf: P.L.2015, c.71, s.1)
9. This act shall take effect immediately, except section 6 shall remain inoperative until the first day of the 25th month next following enactment.
STATEMENT
This bill would create uniform standards for identifying and locating fire hydrants to assist firefighters in the execution of their duties.
Under this bill, a utility would be required to test the rated flow capacity of each fire hydrant under its ownership or control in accordance with National Fire Protection Agency (NFPA) standards. Upon determining the capacity of each fire hydrant, a utility would then color code each hydrant based on its flow capacity according to a Statewide, uniform color-coding standard. In addition, the body of fire hydrants would be painted either blue or violet based upon whether the hydrant's water supply is from a potable or non-potable source.
This bill would require a utility to extract and remove fire hydrants that are permanently inoperable or unusable. The bill permits a utility to resell or repurpose an extracted fire hydrant, or its parts, to cover the costs of extraction.
This bill would also require municipalities to install, or cause to be installed, a reflective, spring-loaded pole, at least 60 inches in height, on, or adjacent to, a fire hydrant to enable firefighters to locate the hydrant. Furthermore, municipalities would be required to adopt an ordinance or resolution, as applicable, requiring the owner of any real property abutting a fire hydrant to maintain a minimum of five feet in diameter clearance of tall brush, snow, and other debris around each fire hydrant on the owner's property.
Currently, a unified, Statewide standard does not exist for marking fire hydrants. Fire hydrants are connected to different sized water mains of varying water pressure. The best way to determine the available water supply from a fire hydrant is by identifying the hydrant's water main size, static and residual water pressure, and flow capacity. In the absence of a uniform standard for identifying fire hydrants, firefighters may struggle to determine how much water a particular hydrant will provide, making it difficult for firefighters arriving at the scene of an active fire to quickly determine the tactics they should employ. Having accurate water supply information and the ability to quickly identify the location of hydrants will lead to more effective decision-making by firefighters in combating fires and help preserve life and property in the State.
