September 13, 2005
Mr. Michael L. Ticktin, Esq.
Chief, Legislative Analysis
Department of Community Affairs
PO Box 802
Trenton, NJ 08625-0802
RE: Proposed Amendments: N.J.A.C. 5:70-2.3, 2.9 and 4.19 for One- and
Two-Family Dwelling Fire Extinguishers
Proposal Number: PRN 2005-293
Dear Mr. Ticktin:
The members of the Morris County Fire Prevention Association
respectfully submit the following comments on the proposed regulations
referenced above.
- While
the intentions of these regulations are admirable, they create a false
sense of security and the potential for serious injury to the homeowners
they were designed to protect.
This is evident by the disjunction between the social impact
statements and the actual regulations proposed. Specifically, all of the social impact benefits are
predicated on the logic that “if” the occupants are properly trained and
knowledgeable with regard to the use of portable fire extinguishers, and
use them only after evacuating all personnel and calling the fire department,
said extinguishers could represent an important segment of a residential
fire protection program.
Unfortunately, the proposed regulations do not mandate any minimum
training requirements. They only
require a passive exchange of information by stipulating the extinguisher
must be accompanied by an owner’s manual or written instructions, which
the homeowner may or may not elect to read. This could prove to be very devastating to homeowners who
have not read the instructions and splash their first kitchen grease fire
across the room or onto themselves because they deployed the extinguisher
from too close a distance. This
scenario can be further compounded if their inexperience, coupled with
panic and the immediate availability of an extinguisher, prompts them to
attack the fire without calling the fire department first.
- Similarly,
the economic impact statements reference a less-than-$10.00 fee for annual
servicing, yet there is an obvious absence of any maintenance requirements
for these extinguishers unless the homeowners read the instructions and
elect to have them serviced as recommended. Not only does this jeopardize the reliability of these
extinguishers, it creates a double set of standards with the requirements
for commercial business owners who must use certified fire protection
equipment contractors to service their extinguishers on an annual
basis.
- The
requirement for mounting an extinguisher in a visible spot, free from
obstructions, is a moot point since there is no control over how the new
homeowners will arrange the furniture and storage after the change of
occupancy.
- The
requirements for an owner’s manual or written information listed in
N.J.A.C. 5:70-4.19(e) 9 should clearly state that this is only required
when it is not included on the extinguisher. Most extinguishers manufactured today include this
information on their labels.
- The
exception granted to seasonal summer units in N.J.A.C. 5:70-4.19(f) is not
warranted since there is equal, if not greater potential for a fire in
these dwellings. This is
especially true if the renters are not accustomed to the different types
of cooking or heating appliances that may be provided in these units. The only justification for granting an
exception to seasonal summer units would be if they did not contain any
sources of ignition.
In summary, we ask that you reconsider the implementation of
these proposed regulations. Forcing
someone to install a fire extinguisher to fight fire in the name of safety is
analogous to mandating the purchase of firearms for self protection and
reducing crime. Your consideration of
these comments would be greatly appreciated.
Sincerely,
Richard Heimbach
President