N.J. Admin. Code § 5:71-4.6

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

Section 5:71-4.6 - Revocation of certifications and alternative sanctions

(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.

N.J. Admin. Code § 5:71-4.6

Amended by R.1991 d.359, effective 7/15/1991.
See: 23 New Jersey Register 1235(a), 23 New Jersey Register 2122(b).
References to license changed to certification.
Amended by R.1992 d.243, effective 7/6/1992.
See: 24 New Jersey Register 678(a), 24 New Jersey Register 2422(a).
Stylistic revisions in (d).
Amended by R.1993 d.197, effective 5/3/1993.
See: 25 New Jersey Register 393(a), 25 New Jersey Register 1874(a).
Added new subsection (c).
Amended by R.1993 d.628, effective 12/6/1993.
See: 25 New Jersey Register 4363(a), 25 New Jersey Register 5466(a).
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).
Amended by R.2001 d.136, effective 5/7/2001.
See: 32 New Jersey Register 3363(a), 33 New Jersey Register 1403(a).
Added (a)4.