A4330

An Act concerning the safe operation of certain fire stations, supplementing P.L.1975, c.217 (C.52:27D-119 et seq.), and making an appropriation.

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

1. The Legislature finds and declares that:

a. Firefighters throughout this State are called upon to serve and protect their fellow citizens by responding to horrific events and acting heroically to save the lives of others in spite of the clear and present danger to their own lives;

b. Firefighters are routinely subjected to dangerous situations, called upon to work overtime with limited rest, and spend significant time away from their families and loved ones;

c. On July 5, 2023, the Grande Costa d’Avorio caught fire in Port Newark, one of the nation’s busiest seaports, and took the lives of Captains Augusto "Augie" Acabou and Wayne "Bear" Brooks, Jr.;

d. The tragic events on July 5, 2023 brought to the forefront the courage exemplified daily by this State’s firefighters, and have caused the citizens of the State of New Jersey to evaluate measures established to protect the health and well-being of firefighters, fire departments, and their staff, and to reinforce our vigilance to the needs of fire departments in this State;

e. The Legislature finds and declares that it is necessary to develop a Fire Station Rehabilitation and Maintenance Code specifically designed to provide a safe building and structure, and sanitary environment, for this State’s firefighters, fire departments, and their staff, that have been, or may become, exposed to dangerous and toxic substances during the performance of their duties.

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

"Asbestos" means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).

"Asbestos-containing material" means any material which contains more than one percent asbestos by weight.

"Commissioner" means Commissioner of Community Affairs.

"HEPA purification system" means an air purification system that contains a high-efficiency particulate arrestor that satisfies efficiency standards set by the United States Department of Energy.

"HVAC" means heating, ventilation, and air conditioning system.

"Mold" means living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins, on an interior surface of a building, within the structure, or on certain fixtures within a building or structure, including common spaces, utility spaces, HVAC, or other systems.

"Paid or part-paid fire department" means a fire department established pursuant to P.L.1971, c.197 (C.40A:14-7).

3. a. The Commissioner of Community Affairs is hereby directed to develop a Fire Station Rehabilitation and Maintenance Code specifically designed to provide a safe building and structure, and sanitary environment, for this State’s firefighters, fire departments, and their staff, who have been or may become exposed to hazardous substances during the performance of their duties outside of the fire station, or second hand, and who can significantly benefit through the provision of certain safety measures, fire station modifications, installation of certain air purification systems, and other health and safety related precautions and requirements. The Fire Station Rehabilitation and Maintenance Code shall include, but shall not be limited to, rules to require:

(1) annual testing for asbestos or asbestos-containing material, mold, lead, and other harmful substances that can adversely affect the health of firefighters or fire department staff, except that fire stations built prior to 1978 shall be tested once every six months;

(2) the remediation of the harmful substances, if located in the fire station or as part of the building or structure, within a reasonable time prescribed by the commissioner based upon the nature of the substances located, which shall not exceed six months following the date of a notice provided to the fire chief or senior official in the fire department by the person who administered the test, or the date of the test locating the substance;

(3) the modification or rehabilitation of an existing fire station to provide for and include, and the installation within a new fire station, of an HVAC system that contains a carbon air filter and HEPA purification system that satisfies criteria determined by the commissioner; and

(4) the inclusion of a steam room for the purpose of detoxification in all fire stations subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), given that firefighters are exposed to cancer-causing and heart attack-inducing agents.

b. In developing the Fire Station Rehabilitation and Maintenance Code, the commissioner shall have the discretion to modify, amplify, or depart from the provisions of the State Uniform Construction Code, without exceeding any of the provisions in stringency, for the purpose of better effectuating the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply only to paid or part-paid fire departments in this State. A municipality or fire district that is required to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), may impose a surcharge on all fire inspection fees for inspections conducted in the municipality, in an amount deemed necessary for the fire station to attain and maintain compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).

4. On or before the first day of the 12th month next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs, in consultation with the Director of the Division of Fire Safety in the Department of Community Affairs, shall submit a report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which shall contain a study assessing the financial need for fire departments within municipalities that serve populations of less than 300,000.

5. a. (1) There is established the Fire Station Rehabilitation and Maintenance Fund in the Division of Fire Safety in the Department of Community Affairs, which shall be a non-lapsing fund and shall be administered by the commissioner to provide grants and loans, including forgivable loans, to paid and part-paid fire departments in this State that serve populations greater than or equal to 300,000.

(2) Any monetary contribution by a nonprofit organization or an individual made available to the commissioner to support the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deposited in Fire Station Rehabilitation and Maintenance Fund for use as set forth in this subsection. Interest or other income earned on moneys deposited pursuant to this paragraph into the Fire Station Rehabilitation and Maintenance Fund shall be credited to the fund for use as set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).

b. There is established in the Division of Fire Safety in the Department of Community Affairs a nonlapsing fund to be known as the Fire Equipment Replacement Fund, which shall be administered by the commissioner for the purposes set forth in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall be available for paid and part-paid fire departments in this State that serve populations greater than or equal to 300,000. The Fire Equipment Replacement Fund may be credited with moneys available to the Department of Community Affairs for the purposes of carrying out the provisions of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. Paid and part-paid fire departments that serve a municipality with a population of greater than 300,000 shall retire and replace fire trucks every 10 to 15 years, as needed, perform necessary safety equipment-related maintenance, and replace and upgrade other necessary safety equipment pursuant to criteria specified by the commissioner. The commissioner shall reimburse fire departments described pursuant to this section in an amount not to exceed $10,000,000 for the costs of replacing an entire fleet of fire trucks every 15 years, and for other necessary costs prescribed by this section.

7. Notwithstanding the provision of any law or regulation to the contrary, from the moneys appropriated for Firefighter Safety Grants from the federal "Coronavirus State Fiscal Recovery Fund," established pursuant to the federal "American Rescue Plan Act of 2021," Pub.L.117-2, the sum of $10,000,000 shall be deposited into the Fire Station Rehabilitation and Maintenance Fund established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). The State Treasurer may reallocate, as requested by the commissioner, such unexpended moneys as may be available from prior appropriations of moneys from the Coronavirus State Fiscal Recovery Fund to the Fire Station Rehabilitation and Maintenance Fund, subject to the approval of the Director the Division of Budget and Accounting.

8. a. There is appropriated to the Fire Station Rehabilitation and Maintenance Fund, established pursuant to subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), $110,000,000 shall be appropriated to the Fire Station Rehabilitation and Maintenance Fund from the General Fund.

b. Moneys appropriated or deposited pursuant to subsection a. of this section and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be allocated among the paid and part-paid fire departments in this State that serve populations greater than or equal to 300,000.

c. There is appropriated to the Fire Equipment Replacement Fund, established pursuant to subsection b. of section 5 of P.L. , c. (pending before the Legislature as this bill), $30,000,000 from the General Fund, for the purposes of replacing fire trucks, performing necessary safety equipment-related maintenance, and replacing and upgrading other necessary safety equipment, as required pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

9. The Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Director of the Division of Fire Safety in the Department of Community Affairs, the Director of the Division of Codes and Standards in the Department of Community Affairs, the Commissioner of the Department of Human Services, and the Commissioner of the Department of Health, adopt rules and regulations as the commissioner deems necessary to implement and enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

10. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Commissioner of Community Affairs shall be permitted to take anticipatory action necessary to effectuate the provisions of the bill.

STATEMENT

This bill requires the Commissioner of Community Affairs (commissioner) to develop a Fire Station Rehabilitation and Maintenance Code specifically designed to provide a safe building and structure, and sanitary environment, for this State’s firefighters, fire departments, and their staff, who have been, or may become, exposed to hazardous substances during the performance of their duties outside of the fire station, or second hand, and who can significantly benefit through the provision of certain safety measures, fire station modifications, installation of certain air purification systems, and other health and safety related precautions and requirements.

The bill requires the Fire Station Rehabilitation and Maintenance Code to include, but not be limited to, rules to require:

(1) annual testing for asbestos or asbestos-containing material, mold, lead, and other harmful substances that can adversely affect the health of firefighters or fire department staff, and testing every six months for these substances for fire stations built prior to 1978;

(2) the remediation of the harmful substances, if located in the fire station or as part of the building or structure;

(3) the modification or rehabilitation of an existing fire station, or installation within a new fire station, to include a HVAC system that contains a carbon air filter and HEPA purification system; and

(4) the inclusion of a steam room in all fire stations subject to the provisions of the bill.

The bill also requires that paid and part-paid fire departments that serve populations greater than 300,000 retire and replace fire trucks every 10 to 15 years, as needed, perform necessary safety equipment-related maintenance, and replace and upgrade other necessary safety equipment, pursuant to criteria specified by the commissioner, for which the bill requires the commissioner to reimburse fire departments in an amount not to exceed $10 million for the costs of replacing an entire fleet every 15 years, and for other necessary costs.

The bill further requires the commissioner, in consultation with the Director of the Division of Fire Safety in the Department of Community Affairs, to submit a report to the Governor and Legislature, containing a study assessing the financial need for fire departments within municipalities that serve populations of less than 300,000.

The bill establishes the Fire Station Rehabilitation and Maintenance Fund (rehabilitation fund), which is to be administered by the commissioner and located in the Division of Fire Safety in the Department of Community Affairs (DCA) to provide grants and loans, including forgivable loans, to paid and part-paid fire departments, as defined in the bill. The bill appropriates to the rehabilitation fund $110 million from the General Fund, and requires that $10 million from moneys appropriated for Firefighter Safety Grants from the federal "Coronavirus State Fiscal Recovery Fund," established pursuant to the federal "American Rescue Plan Act of 2021," Pub.L.117-2, be deposited into the rehabilitation fund. The bill permits the State Treasurer to reallocate, as requested by the commissioner, such unexpended moneys as may be available from prior appropriations of moneys from the Coronavirus State Fiscal Recovery Fund to the rehabilitation fund, subject to the approval of the Director the Division of Budget and Accounting. The $110 million appropriation and $10 million deposit from moneys appropriated for Firefighter Safety Grants, is required by the bill to be allocated among the paid and part-paid fire departments in this State that serve populations greater than or equal to 300,000. Further, the bill requires that any monetary contribution by a nonprofit organization or an individual, including interest or other income earned on such monetary contributions, which is made available to the commissioner to support the provisions of the bill, is to be deposited in the rehabilitation fund.

The bill also establishes a nonlapsing fund to be known as the Fire Equipment Replacement Fund (replacement fund) in the Division of Fire Safety in DCA to provide grants to applicant fire departments that serve populations greater than 300,000 and that seek reimbursement for the costs of replacing fire trucks every 10 to 15 years, performing necessary safety equipment-related maintenance, and replacing and upgrading other necessary safety equipment. The bill appropriates $30 million to the replacement fund, and provides that the replacement fund may also be credited with moneys available to the Department of Community Affairs for the purposes of carrying out the provisions of the bill concerning the replacement of fire trucks and other necessary safety equipment upgrades or maintenance.

Further, a municipality or fire district that is required to comply with the provisions of the bill is permitted to impose a surcharge on all fire inspection fees for inspections conducted in the municipality, in an amount deemed necessary for the fire station to attain and maintain compliance with the bill.

The bill requires the commissioner to consult with the Director of the Division of Fire Safety in DCA, the Director of the Division of Codes and Standards in DCA, the Commissioner of Human Services, and the Commissioner of Health, in adopting rules and regulations as the commissioner deems necessary to implement the provisions of the bill.

Lastly, the bill would take effect on the first day of the fourth month next following the date of enactment, except that the commissioner would be permitted to take anticipatory action necessary to effectuate the bill.