Bill Text: NJ S1221 | 2014-2015 | Regular Session | Introduced
Bill Title: "Group Home Fire Safety Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-30 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1221 Detail]
Download: New_Jersey-2014-S1221-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
"Group Home Fire Safety Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning group homes, supplementing Title 30 of the Revised Statutes, and amending P.L.2000, c.56.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Group Home Fire Safety Act."
2. (New section) The Legislature finds and declares that:
a. The safety of group home residents is a vital concern to the State, as these individuals are among the most vulnerable citizens of New Jersey and warrant assurance by the State that their physical safety will be protected while in their residences;
b. Automatic fire suppression systems and fire alarm protection systems installed in buildings have been proven to be a very effective method of preventing injury, death and widespread property damage; and
c. The installation of these systems in group homes shall be deemed to be in the public interest and a public purpose.
3. (New section) As used in sections 1 through 6 of this act:
"Commissioner" means the Commissioner of Human Services.
"Common area" means the areas within a group home that are normally accessible to all residents, including, but not limited to, the hallways and living, dining and kitchen areas.
"Group home" means a community residence for the developmentally disabled or mentally ill licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et. seq.), a community residence for the terminally ill as defined in section 2 of P.L.1978, c.159 (C.40:55D-66.2), or a community residence licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) in which a person with traumatic brain injury, as defined in 42 U.S.C. s.280b-1c, resides, which has an approved service contract or an affiliation agreement with an agency or department of this State.
4. (New section) Notwithstanding any law, rule or regulation to the contrary, a group home constructed, or a residential or commercial structure converted into a group home, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be equipped with an automatic residential fire suppression system and a fire alarm protection system in their common areas and bedrooms.
5. (New section) The commissioner, in consultation with the Commissioner of Community Affairs, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules as may be necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), including rules that prioritize, at the discretion of the commissioner, group homes for installation of automatic residential fire suppression systems and fire alarm protection systems. The rules may include exemption from the requirements of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for any group home that may be determined to not warrant the level of protection provided in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) based on the fire hazard risk.
6. (New section) The State Treasurer, after consultation with the commissioner, shall have the authority to apply State funds otherwise available to State departments, agencies or instrumentalities for the purpose of securing compliance with the requirements established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
7. Section 9 of P.L.2000, c.56 (C.52:27D-198.12) is amended to read as follows:
9. A municipal authority or water utility shall not impose standby fees for any new fire protection system required to be installed pursuant to the provisions of section 3 of P.L.2000, c.56 (C.52:27D-198.9) or section 4 of P.L. , c. (C. )(pending before the Legislature as this bill).
(cf: P.L.2000, c.56, s.9)
8. This act shall take effect immediately.
STATEMENT
This bill, designated the "Group Home Fire Safety Act," requires the installation of automatic residential fire suppression systems and fire alarm protection systems in the common areas (including, but not limited to, the hallways and living, dining, and kitchen areas) and bedrooms of all group homes in this State that are constructed, or converted into a group home on or after the effective date of the bill.
The bill defines "group home" to mean a licensed community residence for the developmentally disabled or mentally ill, community residence for the terminally ill, or community residence in which a person with traumatic brain injury resides, which has an approved service contract or an affiliation agreement with a State agency or department. The bill defines traumatic brain injury as in federal law, 42 U.S.C. s.280b-1c, which includes an acquired injury to the brain.
Specifically, the bill provides that a group home that is constructed, or a residential or commercial structure that is converted into a group home, on or after the effective date of the bill, is to be equipped with an automatic residential fire suppression system and a fire alarm protection system in the common areas and bedrooms.
The Commissioner of Human Services, in consultation with the Commissioner of Community Affairs, is to adopt rules pursuant to the "Administrative Procedure Act," as necessary to implement the provisions of the bill, including rules that may exempt from the requirements of the bill any group home that may be determined to not warrant the level of protection provided in this bill based on the fire hazard risk.
The bill provides the State Treasurer with the authority, after consultation with the Commissioner of Human Services, to apply State funds otherwise available to State departments, agencies, or instrumentalities for the purpose of securing compliance with the requirements established pursuant to this bill.
Finally, the bill amends N.J.S.A.52:27D-198.12 to prohibit a municipal authority or water utility from imposing standby fees for any new fire protection system required to be installed pursuant to this bill, thereby providing for charges only for the costs of services actually used.
