| Article
I: NAME |
| Section
1: |
The
Fire Safety Commission, established within the Department of Community Affairs
by an act of the Senate and General Assembly of the State of New Jersey,
approved November 12, 1983, as P.L. 1983, Chapter 383, is hereinafter referred
to as the "Commission." |
| Article
II: OBJECT |
| Section
1: |
The
Commission, acting as a body, shall advise the Commissioner of Community
Affairs on matters referred to it by the Commissioner and may originate
and make recommendations regarding any matters of concern to the fire service
including, but not limited to, fire codes, training, occupational health
and safety, public and private fire protection, fire fighting techniques
an needs, and master planning for fire protection. |
| Article
III: MEMBERS |
| Section
1: |
The
Commission shall consist of 21 members appointed as provided by law. |
| Article
IV: OFFICERS |
| Section
1: |
Titles.
The officers of the Commission shall be a Chairperson, a Vice-Chairperson,
and a Secretary. |
| Section
2: |
Election
and Term of Office. The Chairperson and Vice Chairperson shall be elected
by the Commission from among its members for a term of two years. A vacancy
in the office of Chairperson or Vice Chairperson shall be filled by the
Commission at its next regular meeting. The Secretary shall be appointed
by the Commission and serve at the pleasure of the Commission. The Secretary
shall be either a Commission member of an employee of the Department of
Community Affairs. An employee of the Department of Community Affairs shall
serve as Secretary only with the approval of the Commissioner. |
| Section
3: |
Chairperson.
The Chairperson shall: |
- Preside
at all regular and special meeting of the Commission.
- Prepare
the agenda for Commission meetings with the assistance of the Secretary
and the Director of the Division of Fire Safety.
- Call special
meetings of the Commission as deemed necessary.
- Be a member
ex-officio of all committees.
- Give leadership
to the work of the Commission
- Perform
such other duties as are usually associated with the office of the Chairperson.
|
| Section
4: |
Vice-Chairperson.
The Vice-Chairperson shall: |
- Perform
the duties of the Chairperson in the event of that officer's absence.
- Assist the
Chairperson in the performance of official duties.
|
| Section
5: |
Secretary.
The Secretary shall: |
- Keep the
minutes of the meetings of the Commission; including a statement of
the names of the members present and absent and an accurate record of
all business transacted.
- Within thirty
days after all meetings, send copies of the Minutes to all members of
the Commission, and to the Commissioner and the Director of the Division
of Fire Safety.
- Attest to
official actions of the Commission.
- At least
ten days prior to each regular meeting send a written notice to each
member of the Commission, and to the Commissioner and the Director of
the Division of Fire Safety.
- At least
three days prior to each special meeting provide notice to each member
of the Commission, and to the Commissioner and the Director of the Division
of Fire Safety.
- Perform
such other duties as are usually associated with the office of Secretary.
- In the event
of the absence of the Chairperson and the Vice Chairperson, the Secretary
of the Fire Safety Commission will call for an election of a pro team
Chairperson from those Commissioners present to conduct the business
of that day.
|
| Section
6: |
The
Commission. The Commission shall: |
- Establish
Committees and sub-committees as may be needed.
- Advise the
Commissioner on the implementation of programs and projects undertaken
by the Department affecting its statutory mandate.
- Advise the
Commissioner of new programs or statutory changes needed to address
emerging fire safety or fire service needs.
|
| Article
V: Parliamentary Authority |
| Section
1: |
The
rules contained in Robert's Rules of Order, revised, shall govern the Commission
in all cases to which they are applicable, and in which they are not inconsistent
with the Bylaws or any special rules of order of the Commission. |
| Article
VI: Meetings |
| Section
1: |
Regular
Meetings. Regular meeting of the Commission shall take place in September,
November, January, March, May and July at the offices of the Department
of Community Affairs in Trenton, New Jersey, or at such other place as may
be specified in the call to the meeting. |
| Section
2: |
Special
Meetings. Special meetings may be called at any time by the Chairperson
or by the Commissioner, and shall be called by the Chairperson upon the
request of five or more members of the Commission. The time and place shall
be specified in the call to the meeting. |
| Section
3: |
Quorum.
The presence of nine Commissioners shall constitute a quorum. Except as
may otherwise be provided in these Bylaws, a majority vote of those present
and voting shall be sufficient for the adoption of any action or resolution. |
| Section
4: |
Provision
for Special Vote. In extraordinary situations, by action of the Chairperson,
a vote may be taken by mail or telephone. A majority vote of all members
of the Commission shall be required for the adoption of the proposal. Such
a vote shall have the force and effect of a vote taken at a meeting. |
| Section
5: |
Rules
of Procedure. |
- Regular
Meetings.
- The
Commissioner and the Director of the Division of Fire Safety, or
their representatives, shall be entitled to be present at and to
participate in all meetings of the Commission.
- The
public shall be admitted to all regular meetings of the Commission.
- Notice
of date, place, and time of regular meetings shall be publicized
by a news release to the public press by the Commission Secretary.
- The
Commission will receive written submission from interested members
of the public relevant to the Commission's responsibilities. Such
submissions shall be addressed to the Chairperson or the Secretary
of the Commission.
- At the
conclusion of each meeting at which members of the public are present,
time shall be made available for brief oral presentations by members
of the public on matters relevant to the considerations of the Commission
that they may wish to bring to its attention. To allow as many individuals
as possible to be heard, such speakers may be limited to three minutes.
Speakers shall be required to identify themselves and to give their
names in writing to the Secretary.
- Review of
proposals, including, without limitation, proposals for regulations,
shall be conducted at one or more of the following levels:
- Discussion
Level. The proposal, or the proposed topic of rulemaking, is presented
to the Commission by the Commissioner, the Commissioner's representative,
or an advisory council, for discussion. No formal Commission action
is required and there is no public testimony.
- Proposal
Level. The proposal or proposed regulation is introduced, with any
changes that may have resulted from deliberations at the Discussion
Level. The Commission votes on whether or not to recommend the action,
or adoption by the Commissioner of the proposal or regulation, with
or without amendments. The Commission may, but need not, accept
public testimony.
- Pre-adoption
Level. After a proposal has been agreed upon and/or a regulation
has been published in the New Jersey Register and the statutory
comment period has passed, the Commissioner may request the Commission
to reconsider its recommendation in the light of such comments as
may have been received and to consider any amendments that the Commissioner
might consider necessary and appropriate. The Commission votes on
whether or not to recommend adoption by the Commissioner of the
proposal and/or regulation, with or without amendments. The Commission
may, but need not, accept public testimony.
|
| Article
VII: Transmittal of Copies of Regulations to Commission |
| Section
1: |
Prior
to adoption, amendment, or repeal of any regulations promulgated pursuant
to the Uniform Fire Safety Act (P.L. 1983, c.383), the Commission shall
transmit copies of the proposed regulations to the Commission for its review
and recommendations. Within 40 days of the receipt of copies of the proposed
regulations, the Commission shall provide the Commissioner with such written
recommendations thereon as it may deem appropriate. |
| Article
VII: Transmittal of Copies of Regulations to Commission |
| Section
1: |
Prior
to adoption, amendment, or repeal of any regulations promulgated pursuant
to the Uniform Fire Safety Act (P.L. 1983, c.383), the Commission shall
transmit copies of the proposed regulations to the Commission for its review
and recommendations. Within 40 days of the receipt of copies of the proposed
regulations, the Commission shall provide the Commissioner with such written
recommendations thereon as it may deem appropriate. |
| Article
IX: Amendments |
| Section
1: |
Proposed
amendments shall be presented in writing to all members of the Commission,
the Commissioner of Community Affairs and the Director of the Division of
Fire Safety at a regular Commission meeting and will be voted upon at the
next succeeding regular meeting. An affirmative vote of 12 Commissioners
is required to adopt an amendment. |