Sponsored by:
Senator BRITNEE N. TIMBERLAKE
District 34 (Essex)
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Requires standards for organization and deployment of career fire fighters be consistent with certain national standards.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing statewide standards, consistent with certain national standards, for organization and deployment of fire suppression operations by career fire departments, and amending N.J.S.40A:14-7 and P.L.1995, c.266.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-7 is amended to read as follows:
40A:14-7. The governing body of any municipality, by ordinance, may create and establish a paid or part-paid fire department and force and provide for the maintenance, regulation and control thereof, and except as otherwise provided by law, appoint such members, officers and personnel as shall be deemed necessary, determine their terms of office, fix their compensation and prescribe their powers, functions and duties and adopt and promulgate rules and regulations for the government of the department and force and for the discipline of its members.
The governing body of a municipality, or the board of fire commissioners, in the case of a fire district established pursuant to the provisions of N.J.S.40A:14-70 et seq., which body or board has established and maintains a paid or part-paid fire department and force, shall ensure the deployment of fire-fighting personnel, for rescue, fire suppression, and related activities, consistently with the standards set forth in NFPA 1710 (2020 edition), and the rules and regulations promulgated pursuant to subsection b. of section 4 of P.L.1995, c.266 (C.52:27D-25k).
(cf: N.J.S.40A:14-7)
2. Section 2 of P.L.1995, c.266 (C.52:27D-25i) is amended to read as follows:
2. As used in [this act] P.L.1995, c.266 (C.52:27D-25i et al):
"Career fire department" means a paid or part-paid fire department that employs career or part-paid fire-fighting personnel to be immediately available to respond to at least 50 percent of an initial full-alarm assignment for rescue, fire suppression, and related activities.
"Commissioner" means the Commissioner of Community Affairs.
"Division" means the Division of Fire Safety in the Department of Community Affairs.
"Fire service" means the State, a county or municipal agency or fire district utilizing volunteer, career or part-paid fire fighters for rescue, fire suppression and related activities.
"Fire service
instructor" means a career or volunteer or part-paid
fire fighter who has been certified by the division to deliver fire fighter
training after completing a prescribed curriculum.
"Fire service training organization" means any State, county or municipal agency or other entity, either public or private, which trains fire fighters.
"Incident management system" means a nationally recognized and organized system of rules, responsibilities and standard operating procedures used to manage emergency operations.
"Live fire training" means training that involves any open flame or device that can propagate fire.
(cf: P.L.1995, c.266, s.2)
3. Section 4 of P.L.1995, c.266 (C.52:27D-25k) is amended to read as follows:
4. a. The commissioner shall promulgate rules and regulations for the establishment of a mandatory incident management system to be used by the fire service.
b. The commissioner, in consultation with the fire safety commission, shall promulgate rules and regulations to establish a technical implementation guide which shall require a career fire department to organize and deploy personnel consistently with NFPA 1710 (2020 edition).
(cf: P.L.1995, c.266, s.4)
4. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Community Affairs to adopt rules for the deployment of career fire fighters that are consistent with the standards promulgated by the National Fire Protection Association (NFPA), NFPA 1710 (2020 edition). The bill also requires the appointing authority of each career fire department to ensure the deployment of fire fighting personnel, for rescue, fire suppression, and related activities, consistently with the standards set forth in NFPA 1710 (2020 edition) and the rules and regulations promulgated pursuant to this bill.
While a municipality may have authority to determine the overall level of fire protection to provide within its jurisdiction, a municipality that has established and maintains a paid or part-paid fire department and force is to deploy fire-fighting personnel consistently with NFPA 1710, the national standard designed to enhance the safety of the employees of career fire departments. This bill will prevent local units from relaxing fire fighter safety requirements due to possible fiscal constraints or political concerns.