P.L. 2026, c.038 (A2401 2R ACS)

An Act concerning safety measures for scrap metal businesses and supplementing the “Uniform Fire Safety Act,” P.L.1983, c.383 (C.52:27D-192 et seq.).

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

1. Each scrap metal business, as defined pursuant to section 1 of P.L.2009, c.8 (C.45:28-1), in the State shall reduce the likelihood of a fire by, at a minimum:

a. installing and maintaining heat detection equipment capable of detecting an incipient fire or potential hot spots¹, except that this requirement shall only apply to a property that exceeds one acre in area or to a property upon which a scrap grinder, crusher, hammer mill, or shredder is operated¹;

b. developing a fire safety plan in coordination with the ¹[local]a¹ fire ¹[department]¹ official or fire marshal, which shall be made in writing and publicly available upon request;

c. making available, to any fire code official investigating the scrap metal business as a result of a fire at the business, records retained pursuant to subsection c. of section 2 of P.L.2009, c.8 (C.45:28-2); and

d. confirming that the pile height of combustible material, noncombustible material, or a combination of each does not exceed ²[55] 20² feet.

2. A scrap metal business with an unprepared metal shredder feedstock stockpile with over 200 tons of unprepared metal in a single stockpile for any 24-hour period shall install a fire suppression system that ¹[can be remotely operatedand]¹ is designed ¹by a fire protection engineer and that can be remotely operated¹ to prevent hot spots from flashing into fires by rapidly extinguishing future fires and reflash. The system shall include, but not be limited to:

a. an overhead fire suppression system including water towers with articulating water supply heads and related water supply improvements;

b. monitored heat detection equipment around stockpiles of unprepared metal of at least 500 tons to identify hot spots prior to ignition; and

c. annual certification, for a nominal fee as determined by the Commissioner of Community Affairs, by ¹[a fire safety engineer, the National Fire Protection Association (NFPA) and the Division of Fire Safety within the New Jersey Department of Community Affairs] the local enforcing agency¹ that the system meets all ¹[NFPA and]¹ State regulatory fire prevention ¹and National Fire Protection Association¹ standards for the scrap metal industry.

3. The ¹[county] local¹ enforcing agency, as defined pursuant to N.J.A.C.5:71-1.4, shall review and ¹[approve] confirm¹, in writing and to be displayed in a conspicuous manner in the office of the scrap metal business or on the Internet website of the business, that a scrap metal business meets the requirements of section 1 and, if applicable, section 2 of this act.

4. The Commissioner of Community Affairs may, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the implementation of this act.

5. This act shall take effect on the first day of the twelfth month next following the date of enactment, except that:

a. a scrap metal business that maintains an unprepared metal shredder feedstock stockpile with over 200 tons in a single stockpile for any 24-hour period shall have until the first day of ¹[48th] ²[24th¹]48th² month next following the date of enactment to install an on-site fire suppression system that can be remotely operated;

b. a scrap metal business that maintains an unprepared metal shredder feedstock stockpile with over 500 tons in a single stockpile for any 24-hour period shall have until the first day of ¹[24th] ²[48th¹] 24th² month next following the date of enactment to install an on-site fire suppression system that can be remotely operated.

Establishes measures to improve safety of scrap metal businesses.