Concerns safe operation of certain fire stations; establishes Fire Station Rehabilitation and Maintenance Code; establishes fire station, equipment, training, and maintenance fund; provides for replacement equipment for certain municipalities; and appropriates $140 million.

A4330

ASSEMBLY, No. 4330

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Concerns safe operation of certain fire stations;
establishes Fire Station Rehabilitation and Maintenance Code; establishes fire
station, equipment, training, and maintenance fund; provides for replacement
equipment for certain municipalities; appropriates $140 million.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the safe operation of certain fire
stations, supplementing P.L.1975, c.217 (C.52:27D-119 et seq.), and making an
appropriation.

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

���� 1.� The Legislature finds and
declares that:

���� a.� Firefighters throughout
this State are called upon to serve and protect their fellow citizens by
responding to horrific events and acting heroically to save the lives of others
in spite of the clear and present danger to their own lives;

���� b.� Firefighters are routinely
subjected to dangerous situations, called upon to work overtime with limited
rest, and spend significant time away from their families and loved ones;

���� c.� On July 5, 2023, the
Grande Costa d�Avorio caught fire in Port Newark, one of the nation�s busiest
seaports, and took the lives of Captains Augusto "Augie" Acabou and
Wayne "Bear" Brooks, Jr.;

���� d.� The tragic events on July
5, 2023 brought to the forefront the courage exemplified daily by this State�s
firefighters, and have caused the citizens of the State of New Jersey to
evaluate measures established to protect the health and well-being of firefighters,
fire departments, and their staff, and to reinforce our vigilance to the needs
of fire departments in this State;

���� e.� The Legislature finds and
declares that it is necessary to develop a Fire Station Rehabilitation and
Maintenance Code specifically designed to provide a safe building and
structure, and sanitary environment, for this State�s firefighters, fire
departments, and their staff, that have been, or may become, exposed to
dangerous and toxic substances during the performance of their duties.

���� 2.� As used in P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill):

���� "Asbestos" means the
same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).

���� "Asbestos-containing
material" means any material which contains more than one percent asbestos
by weight.

���� "Commissioner" means
Commissioner of Community Affairs.

���� "HEPA purification system"
means an air purification system that contains a high-efficiency particulate
arrestor that satisfies efficiency standards set by the United States
Department of Energy.

���� "HVAC" means
heating, ventilation, and air conditioning system.

���� "Mold" means living
or dead fungi or related products or parts, including spores, hyphae, and
mycotoxins, on an interior surface of a building, within the structure, or on
certain fixtures within a building or structure, including common spaces,
utility spaces, HVAC, or other systems.

���� "Paid or part-paid fire
department" means a fire department established pursuant to P.L.1971,
c.197 (C.40A:14-7).

���� 3.� a.� The Commissioner of
Community Affairs is hereby directed to develop a Fire Station Rehabilitation
and Maintenance Code specifically designed to provide a safe building and
structure, and sanitary environment, for this State�s firefighters, fire
departments, and their staff, who have been or may become exposed to hazardous
substances during the performance of their duties outside of the fire station,
or second hand, and who can significantly benefit through the provision of
certain safety measures, fire station modifications, installation of certain
air purification systems, and other health and safety related precautions and
requirements.� The Fire Station Rehabilitation and Maintenance Code shall
include, but shall not be limited to, rules to require:

���� (1)� annual testing for
asbestos or asbestos-containing material, mold, lead, and other harmful
substances that can adversely affect the health of firefighters or fire
department staff, except that fire stations built prior to 1978 shall be tested
once every six months;

���� (2)� the remediation of the
harmful substances, if located in the fire station or as part of the building
or structure, within a reasonable time prescribed by the commissioner based
upon the nature of the substances located, which shall not exceed six months
following the date of a notice provided to the fire chief or senior official in
the fire department by the person who administered the test, or the date of the
test locating the substance;

���� (3)� the modification or
rehabilitation of an existing fire station to provide for and include, and the
installation within a new fire station, of an HVAC system that contains a
carbon air filter and HEPA purification system that satisfies criteria determined
by the commissioner; and

���� (4)� the inclusion of a steam
room for the purpose of detoxification in all fire stations subject to the
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), given that firefighters are exposed to cancer-causing and heart
attack-inducing agents.

���� b.� In developing the Fire
Station Rehabilitation and Maintenance Code, the commissioner shall have the
discretion to modify, amplify, or depart from the provisions of the State
Uniform Construction Code, without exceeding any of the provisions in stringency,
for the purpose of better effectuating the provisions of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).�

���� c.� P.L.��� , c.��� (C.�������
) (pending before the Legislature as this bill) shall apply only to paid or
part-paid fire departments in this State.� A municipality or fire district that
is required to comply with the provisions of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), may impose a surcharge on all
fire inspection fees for inspections conducted in the municipality, in an
amount deemed necessary for the fire station to attain and maintain compliance
with P.L.��� , c.�� �(C.������� ) (pending before the Legislature as this
bill).

���� 4.��� On or before the first
day of the 12th month next following the date of enactment of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), the Commissioner of
Community Affairs, in consultation with the Director of the Division of Fire
Safety in the Department of Community Affairs, shall submit a report to the
Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the
Legislature, which shall contain a study assessing the financial need for fire
departments within municipalities that serve populations of less than 300,000.�

���� 5.� a.� (1)� There is
established the Fire Station Rehabilitation and Maintenance Fund in the
Division of Fire Safety in the Department of Community Affairs, which shall be
a non-lapsing fund and shall be administered by the commissioner to provide
grants and loans, including forgivable loans, to paid and part-paid fire
departments in this State that serve populations greater than or equal to
300,000.

���� (2)� Any monetary contribution
by a nonprofit organization or an individual made available to the commissioner
to support the provisions of P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill) shall be deposited in Fire Station Rehabilitation and
Maintenance Fund for use as set forth in this subsection.� Interest or other
income earned on moneys deposited pursuant to this paragraph into the Fire
Station Rehabilitation and Maintenance Fund shall be credited to the fund for
use as set forth in P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).

���� b.� There is established in
the Division of Fire Safety in the Department of Community Affairs a nonlapsing
fund to be known as the Fire Equipment Replacement Fund, which shall be
administered by the commissioner for the purposes set forth in section 6 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill), and
shall be available for paid and part-paid fire departments in this State that
serve populations greater than or equal to 300,000.� The Fire Equipment
Replacement Fund may be credited with moneys available to the Department of
Community Affairs for the purposes of carrying out the provisions of section 6
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).

���� 6.� Paid and part-paid fire
departments that serve a municipality with a population of greater than 300,000
shall retire and replace fire trucks every 10 to 15 years, as needed, perform
necessary safety equipment-related maintenance, and replace and upgrade other
necessary safety equipment pursuant to criteria specified by the commissioner.�
The commissioner shall reimburse fire departments described pursuant to this
section in an amount not to exceed $10,000,000 for the costs of replacing an
entire fleet of fire trucks every 15 years, and for other necessary costs
prescribed by this section.

���� 7.� Notwithstanding the
provision of any law or regulation to the contrary, from the moneys
appropriated for Firefighter Safety Grants from the federal "Coronavirus
State Fiscal Recovery Fund," established pursuant to the federal
"American Rescue Plan Act of 2021," Pub.L.117-2, the sum of
$10,000,000 shall be deposited into the Fire Station Rehabilitation and
Maintenance Fund established pursuant to section 5 of P.L. ,
c. (C. ) (pending before
the Legislature as this bill). The State Treasurer may reallocate, as
requested by the commissioner, such unexpended moneys as may be available from
prior appropriations of moneys from the Coronavirus State Fiscal Recovery Fund
to the Fire Station Rehabilitation and Maintenance Fund, subject to the approval
of the Director the Division of Budget and Accounting.

���� 8.� a.� There is appropriated
to the Fire Station Rehabilitation and Maintenance Fund, established pursuant
to subsection a. of section 5 of P.L.��� , c.��� (C.������� ) (pending before
the Legislature as this bill), $110,000,000 shall be appropriated to the Fire
Station Rehabilitation and Maintenance Fund from the General Fund.

���� b.� Moneys appropriated or
deposited pursuant to subsection a. of this section and section 7 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
allocated among the paid and part-paid fire departments in this State that
serve populations greater than or equal to 300,000.

���� c.� There is appropriated to
the Fire Equipment Replacement Fund, established pursuant to subsection b. of
section 5 of P.L.��� , c.��� (pending before the Legislature as this bill),
$30,000,000 from the General Fund, for the purposes of replacing fire trucks,
performing necessary safety equipment-related maintenance, and replacing and
upgrading other necessary safety equipment, as required pursuant to section 6
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).

���� 9.� The Commissioner of
Community Affairs shall, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the
Director of the Division of Fire Safety in the Department of Community Affairs,
the Director of the Division of Codes and Standards in the Department of
Community Affairs, the Commissioner of the Department of Human Services, and
the Commissioner of the Department of Health, adopt rules and regulations as
the commissioner deems necessary to implement and enforce the provisions of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).

���� 10.� This act shall take
effect on the first day of the fourth month next following the date of
enactment, except that the Commissioner of Community Affairs shall be permitted
to take anticipatory action necessary to effectuate the provisions of the bill.

STATEMENT

���� This bill requires the
Commissioner of Community Affairs (commissioner) to develop a Fire Station
Rehabilitation and Maintenance Code specifically designed to provide a safe
building and structure, and sanitary environment, for this State�s
firefighters, fire departments, and their staff, who have been, or may become,
exposed to hazardous substances during the performance of their duties outside
of the fire station, or second hand, and who can significantly benefit through
the provision of certain safety measures, fire station modifications,
installation of certain air purification systems, and other health and safety
related precautions and requirements.�

���� The bill requires the Fire
Station Rehabilitation and Maintenance Code to include, but not be limited to,
rules to require:

���� (1)� annual testing for
asbestos or asbestos-containing material, mold, lead, and other harmful
substances that can adversely affect the health of firefighters or fire
department staff, and testing every six months for these substances for fire
stations built prior to 1978;

���� (2)� the remediation of the
harmful substances, if located in the fire station or as part of the building
or structure;

���� (3)� the modification or
rehabilitation of an existing fire station, or installation within a new fire
station, to include a HVAC system that contains a carbon air filter and HEPA
purification system; and

���� (4)� the inclusion of a steam
room in all fire stations subject to the provisions of the bill.

���� The bill also requires that paid
and part-paid fire departments that serve populations greater than 300,000
retire and replace fire trucks every 10 to 15 years, as needed, �perform
necessary safety equipment-related maintenance, and replace and upgrade other
necessary safety equipment, pursuant to criteria specified by the commissioner,
for which the bill requires the commissioner to reimburse fire departments in
an amount not to exceed $10 million for the costs of replacing an entire fleet
every 15 years, and for other necessary costs.

���� The bill further requires the
commissioner, in consultation with the Director of the Division of Fire Safety
in the Department of Community Affairs, to submit a report to the Governor and
Legislature, containing a study assessing the financial need for fire
departments within municipalities that serve populations of less than 300,000.

���� The bill establishes the Fire
Station Rehabilitation and Maintenance Fund (rehabilitation fund), which is to
be administered by the commissioner and located in the Division of Fire Safety
in the Department of Community Affairs (DCA) to provide grants and loans,
including forgivable loans, to paid and part-paid fire departments, as defined
in the bill.� The bill appropriates to the rehabilitation fund $110 million
from the General Fund, and requires that $10 million from moneys appropriated
for Firefighter Safety Grants from the federal "Coronavirus State Fiscal
Recovery Fund," established pursuant to the federal "American Rescue
Plan Act of 2021," Pub.L.117-2, be deposited into the rehabilitation
fund. The bill permits the State Treasurer to reallocate, as requested by
the commissioner, such unexpended moneys as may be available from prior
appropriations of moneys from the Coronavirus State Fiscal Recovery Fund to the
rehabilitation fund, subject to the approval of the Director the Division of
Budget and Accounting.� The $110 million appropriation and $10 million deposit
from moneys appropriated for Firefighter Safety Grants, is required by the bill
to be allocated among the paid and part-paid fire departments in this State
that serve populations greater than or equal to 300,000.� Further, the bill
requires that any monetary contribution by a nonprofit organization or an
individual, including interest or other income earned on such monetary
contributions, which is made available to the commissioner to support the
provisions of the bill, is to be deposited in the rehabilitation fund.�

���� The bill also establishes a
nonlapsing fund to be known as the Fire Equipment Replacement Fund (replacement
fund) in the Division of Fire Safety in DCA to provide grants to applicant fire
departments that serve populations greater than 300,000 and that seek
reimbursement for the costs of replacing fire trucks every 10 to 15 years,
performing necessary safety equipment-related maintenance, and replacing and
upgrading other necessary safety equipment.� The bill appropriates $30 million
to the replacement fund, and provides that the replacement fund may also be
credited with moneys available to the Department of Community Affairs for the
purposes of carrying out the provisions of the bill concerning the replacement
of fire trucks and other necessary safety equipment upgrades or maintenance.

���� Further, a municipality or
fire district that is required to comply with the provisions of the bill is
permitted to impose a surcharge on all fire inspection fees for inspections
conducted in the municipality, in an amount deemed necessary for the fire station
to attain and maintain compliance with the bill.

���� The bill requires the
commissioner to consult with the Director of the Division of Fire Safety in
DCA, the Director of the Division of Codes and Standards in DCA, the
Commissioner of Human Services, and the Commissioner of Health, in adopting
rules and regulations as the commissioner deems necessary to implement the
provisions of the bill.

���� Lastly, the bill would take
effect on the first day of the fourth month next following the date of
enactment, except that the commissioner would be permitted to take anticipatory
action necessary to effectuate the bill.