Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The following shall be deemed a violation of the Uniform Fire Safety Act
subject to a penalty of not more than $ 500.00 for each offense:
1. To carry out inspections or issue notices
or orders pursuant to the Act in connection with life hazard uses if not
certified;
i. This shall not preclude
notifying the owner of a life hazard use of a perceived violation observed by a
firefighter during the course of any normal fire service activity, such as
routine inservice inspections. A copy of such notification shall be transmitted
to the fire official for appropriate action;
2. To appoint or employ a person who is not
certified to carry out the responsibilities of fire official in connection with
life hazard uses;
3. To fail to
notify the Division concerning a vacancy as required by
5:71-4.3; or
4. To certify to the completion of life
hazard use inspections when such inspections have not been completed.
(b) The Division may suspend
and/or revoke a certification, and/or assess a civil penalty of not more than $
500.00, if the Department determines that the holder:
1. Has violated any of the provisions of the
Uniform Fire Code regulations;
2.
Has obtained a certification by fraud or misrepresentation, or the person named
in the certificate has obtained it by fraud or misrepresentation;
3. Has aided or abetted in practice as a
certified enforcement official or inspector any person not authorized to
practice as a certified Fire Code enforcement official or inspector under the
provisions of these regulations;
4.
Has fraudulently or deceitfully practiced as a certified Fire Code enforcement
official or inspector;
5. Has been
grossly negligent or has engaged in misconduct in the performance of any of his
duties;
6. Has failed, over a
period of time, to maintain a minimally acceptable level of
competence;
7. Has been found to
have failed to report an offer or bribe or other favor in a proceeding under
the Act or other appropriate law of this or any other state or
jurisdiction;
8. Has failed to
comply with any order issued by the Department;
9. Has made a false or misleading written
statement, or has made a material omission in any submission to the
Department;
10. Has failed to
enforce the Uniform Fire Code; or
11. Has violated any provision of this
chapter or of N.J.A.C. 5:70.
(c) The Division, in addition, or as an
alternative, to revoking or suspending a certification, or assessing a penalty,
may issue a letter of warning, reprimand, or censure with regard to any conduct
that, in the judgment of the Division, warrants a letter of warning, reprimand,
or censure. Such letter, in addition to any other filing requirements, shall be
made a part of the certification file of the individual.
(d) The Commissioner shall appoint a review
committee to advise the Department concerning the appropriateness of sanctions
that the Department proposes to take against persons holding certifications who
are alleged to have done any act or omission proscribed by (b) above. The
Department shall provide necessary staff for the review committee.
1. The review committee shall consist of
three persons certified and currently employed by municipalities as fire
officials, at least one of whom shall not be employed by any one enforcing
agency for a total of more than 20 hours per week.
2. Members of the review committee shall be
appointed by the Commissioner and shall serve for terms of three years; except
that, of those members first appointed, one shall serve for one year, one shall
serve for two years, and one shall serve for three years. No person may be a
member of the review committee for more than two consecutive terms. The
Commissioner shall also appoint two alternate members of the committee, who
shall be persons certified and currently employed by municipalities as fire
officials, at least one of whom shall not be employed by any one enforcing
agency for a total of more than 20 hours per week. Alternates shall serve for
two years, except that, of the alternates first appointed to each review
committee, one shall serve for two years and one shall serve for one year.
i. The Commissioner shall give the Fire
Safety Commission an opportunity to comment on persons proposed to serve as
members of the review committee prior to their appointment.
3. The review committee shall not
hear any case or issue any recommendations without three members, who may be
either regular or alternate members, being present.
4. In any case in which the Department makes
a preliminary finding that a person holding certification has done any act or
omission proscribed under (b) above, it shall have the case reviewed by the
review committee prior to the issuance of any order revoking or suspending the
certification or assessing a civil penalty.
5. The Department shall present whatever
evidence it may have to the review committee. The person holding certification
shall be given notice of the meeting of the review committee and may appear
before the review committee to present his or her position, but there shall be
no cross-examination of either the person holding certification or any
representative of the Department. Nothing said by the person holding
certification or by any person at the meeting of the review committee shall be
used in any way, nor shall any member of the review committee be required to
testify concerning proceedings before the review committee, in any subsequent
proceeding.
6. The review committee
shall submit its recommendations as to the sanctions, if any, that ought to be
imposed, to the Deputy Director, Division of Fire Safety within 20 business
days following the meeting. No sanctions shall then be imposed without the
express approval of the Deputy Director. Failure of the review committee to
submit a timely recommendation shall be deemed to be in concurrence with the
action proposed to be taken by the Department. Notice of the review committee's
recommendation, or failure to issue a recommendation, shall be given to the
person holding certification.
7. A
meeting of the review committee shall not be deemed to be a hearing or an
adversarial proceeding and the findings of the review committee shall be deemed
to be only a recommendation that is not binding on the Department.
(e) Conviction of a crime, or an
offense in connection with exercising the duties of a certified fire official
or inspector, shall result in revocation of certification.
(f) Any sanctions imposed by the Construction
Code Enforcement Element, pursuant to
52:27D-119 et seq., shall
constitute grounds for imposition of sanctions under this section.
(g) Any person aggrieved by any action of the
Department pursuant to this chapter shall be entitled to a hearing before the
Office of Administrative Law in accordance with the Administrative Procedure
Act, as provided in
5:71-4.2.
1. A person holding certification shall be
entitled to contest any order imposing sanctions in an administrative hearing,
regardless of whether he or she has exercised the option of appearing before
the review committee.
