N.J. Admin. Code § 5:71-2.12

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:71-2.12 - Firefighter serious injury and death investigations

(a) In conjunction with the Department of Labor and Workforce Development and the Department of Health and Senior Services, the Division shall conduct investigations of fire incidents in which one or more firefighters suffer death or serious injury and identify those measures that may be required to prevent the future occurrence of deaths and serious injuries under similar circumstances. The Division shall have the authority to conduct such investigations anywhere in the State.

1. In furtherance of any firefighter serious injury or death investigation, the Division may issue and enforce subpoenas to compel the testimony of any person who might have knowledge of any relevant matters and the production of any relevant documents.

(b) As a part of the investigative process, the Division shall:

1. Secure or order to be secured, any and all evidence including personal protective clothing and equipment or any other item(s) that may have played a role in an incident involving firefighter serious injury or death if the failure to secure such evidence may compromise its integrity or render it useless to the investigation;

2. Examine, test or order to be examined or tested, any and all evidence, personal protective clothing and equipment or any other item(s) that may have played a role in an incident involving firefighter serious injury or death; and

3. Preserve or order the preservation of buildings, structures, areas, apparatus or equipment from destruction or demolition; and order such to be secured and protected from public entry and/or use until released by the Division.

(c) Fire departments and fire companies shall notify the Division of any firefighter line-of-duty serious injury or death as soon as possible, but no later than four hours from the time of injury or death.

1. The Division shall determine the manner for notification.

2. The Division may issue a penalty against an appropriate party for failure to timely notify the Division or for hindering notification.

(d) If any investigation conducted under this subsection results in the discovery of any violation of the provisions of the Uniform Fire Safety Act, P.L. 1983, c.383 (N.J.S.A. 52:27D-192 et al.) or the Uniform Fire Code (N.J.A.C. 5:70), the Division, as an enforcing agency, may issue a written notice or order pursuant to the Uniform Fire Safety Act.

1. Any notice or order issued by the Division pursuant to this section may be enforced pursuant to N.J.S.A. 52:27D-210 as a notice or order of the Commissioner.

N.J. Admin. Code § 5:71-2.12

New Rule, R.2005 d.145, effective 5/16/2005.
See: 36 New Jersey Register 5286(a), 37 New Jersey Register 1782(a).