An Act concerning tenure in office for certified municipal fire inspectors and fire officials and amending P.L.1983, c.383.

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

1. Section 12 of P.L.1983, c.383 (C.52:27D-203) is amended to read as follows:

12. a. Each enforcing agency in this State shall enforce this act in all buildings, structures and premises within its jurisdiction, except owner-occupied buildings used exclusively for dwelling purposes and containing fewer than three dwelling units, subject to the control and supervision of the commissioner and in accordance with regulations promulgated by the commissioner. The commissioner shall consult with and advise all local enforcement agencies enforcing the provision of this act, and each local enforcement agency shall provide the commissioner with reports, data and information required by the commissioner. To cover the cost to the municipality of conducting inspections under this act, the municipality may, by ordinance, establish fees, which shall be paid into the treasury of the municipality to which the local enforcing agency is responsible, and which shall be appropriated by the municipality to the local enforcing agency to pay the cost of enforcing this act.

b. A local enforcing agency consisting of or [employing] which has appointed at least one paid fire inspector who is certified pursuant to subsection c. of this section may elect to inspect high-rise structures and life hazard uses within its jurisdiction, in lieu of inspection by the commissioner. That election shall be made by resolution of the governing body having jurisdiction over the local enforcing agency. If an appropriate resolution has not been received by the commissioner on or before the effective date of this act, the department shall perform all inspections under this subsection until such time as the governing body shall adopt and send to the commissioner an appropriate resolution. A local enforcing agency that elects to inspect high-rise structures and life hazard uses may issue the certificates of inspection required to be issued pursuant to section 14 of this act and may inspect buildings and premises other than high-rise structures and life hazard uses in order to secure compliance with this act.

c. The commissioner shall certify fire inspectors under this act in accordance with such standards as he shall establish by regulation; provided that a fire inspector certificate shall be issued by the commissioner to any person who: on the effective date of
this act is, and for at least one year prior to the effective date of this act has been, serving as a fire inspector in the fire service; or shall have, within two years of the effective date of this act, successfully completed an educational program such as the basic fire prevention code course offered by the Building Officials and Code Administrators International or a recognized equivalent, a fire prevention course offered by an institution of higher education or recognized fire school which has been approved by the commissioner.

d. A certified municipal fire inspector shall be appointed for a term of four years. Except as otherwise provided in Title 11A, Civil Service, of the New Jersey Statutes with regard to municipalities operating under that law, upon reappointment to a second consecutive term or on the commencement of a fifth consecutive year of service, a certified municipal fire inspector shall be granted tenure and shall not be removed from office except for just cause after a fair and impartial hearing. A certified municipal fire inspector may appeal an adverse decision concerning an alleged reprisal or political coercion action of the appointing authority to the Superior Court within 20 days of the decision. Municipal fire inspectors shall be given credit, for the purpose of qualifying for tenure, for any years of service in the municipality employed as a certified municipal fire inspector prior to the enactment of P.L. , c. (pending before the Legislature as this bill).

e. Except as provided hereunder with regard to a city of the first class, a certified fire official who has served in that capacity for more than four consecutive years with the local enforcing agency that currently employs the certified fire official, shall be granted tenure and shall not be removed from office or denied reappointment except for just cause after a prompt, fair and impartial hearing before the appointing authority. A certified fire official may appeal an adverse decision concerning an alleged reprisal or political coercion action of the appointing authority to the Superior Court within 20 days of the decision. In a city of the first class a certified fire official may be granted tenure pursuant to this section only by resolution of the governing body.

(cf: P.L.1983, c.383, s.12)

2. This act shall take effect immediately.

STATEMENT

This bill would grant tenure to municipal fire inspectors appointed under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) and to fire officials.

Currently, a person employed as a municipal fire inspector must meet certain educational requirements and be certified by the Department of Community Affairs. Fire officials have certification as a municipal fire inspector plus additional training. Since tenure is available to building code officials serving a municipality, it is both fair and appropriate to provide the same job protection for certified municipal fire inspectors and fire officials. This bill provides that in municipalities that choose to employ a certified municipal fire inspector, that person shall be appointed for an initial four-year term and shall be granted tenure in office upon reappointment to a consecutive second term. The bill also provides that a certified fire official who has served in that capacity with a local enforcing agency (of the "Uniform Fire Safety Act") for more than four consecutive years, shall be granted tenure and shall not be removed from office or denied reappointment, except for just cause and after a prompt, fair and impartial hearing before the appointing authority. This provision of the bill would be permissive in cities of the first class.