N.J. Admin. Code § 5:71-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:71-4.3 - Certification required

(a) No person shall carry out the duties of fire official or fire inspector unless that person is certified pursuant to this subchapter. The term "carry out the duties" shall mean and include representing oneself as authorized to carry out inspection of life hazard uses on behalf of the Commissioner, issuing orders pursuant to the Act, and assessing or imposing any of the penalties provided for by the Act.

(b) No local enforcing agency shall employ any person to enforce the provisions of the Uniform Fire Code at a life hazard use, unless that person shall be certified in accordance with the provisions of this subchapter.

(c) When a local enforcing agency that enforces the Code in life hazard uses has a vacancy that leaves the agency without a certified fire official, then the appointing authority shall appoint a certified person to the position within 45 days of the vacancy having occurred. The appointing authority may request an extension of 30 days in which to make the appointment. Such requests shall be made within the initial 45 day period, by the appointing authority or designee, to the Division, Attention: LEA Supervisor, shall set forth the reasons why additional time is necessary and shall indicate if any inspection or enforcement matters require Division assistance in the interest of public health, safety or welfare. Within seven business days from receipt of an extension request, the Division shall send a written determination either granting or denying the request.

1. Fire officials appointed to fill vacancies shall so notify the Division in writing, on the local enforcing agency letterhead, within five days of the appointment.

2. Fire officials shall undertake duties within 10 days of being appointed.

3. The appointing authority or designee shall notify the Division, Attention: LEA Supervisor, in writing within five days of the date that the fire official vacates the office.

4. The Division shall be notified in writing by either the appointing authority or the fire official at least 10 days in advance of any leaves of absence by the fire official in excess of 30 days, which notification shall include the provisions that have been made to enforce the Code during the period of absence.

5. If no fire official is appointed within the applicable time, the Division shall assume responsibility for enforcement and modify the Registry accordingly. Registration fees collected for the period during which the Division is responsible, as well as for the preceding period of the fire official's vacancy, shall enure to the Division.

(d) Temporary appointments will continue as specified at (c) above. However, the time period to have a permanent appointment for vacancies occurring during the public health emergency, shall be allowed to be extended 60 days from the end of the public health emergency. This subparagraph shall be retroactive to January 1, 2021, and shall expire April 1, 2021.

N.J. Admin. Code § 5:71-4.3

Modified by Executive Order No. 103(2020) 52 N.J.R. 1308(a), effective 4/29/2020

Modified by Executive Order No. 103(2020) 53 N.J.R. 1049(a), effective 1/1/2021