RULE PROPOSALS COMMUNITY AFFAIRS DIVISION OF FIRE SAFETY - PDF

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					SEPTEMBER 15, 2008
RULE PROPOSALS
COMMUNITY AFFAIRS
DIVISION OF FIRE SAFETY
    Proposed Amendment: N.J.A.C. 5:74-2.1
Uniform Fire Code
Business Permits--Backflow Preventer Tests
Authorized By: Joseph V. Doria, Jr., Commissioner, Department of Community Affairs.
Authority: N.J.S.A. 52:27D-25gg.
Calendar: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2008-310.
 Submit written comments by November 14, 2008 to:
  Michael L. Ticktin, Esq.
  Chief, Legislative Analysis
  Department of Community Affairs
  PO Box 802
  Trenton, New Jersey 08625
  Fax No. (609) 633-6729

The agency proposal follows:

Summary
     The proposed amendment to the Uniform Fire Code (UFC) at N.J.A.C. 5:74-2.1, Business permits,
would provide that a business permit is not required for the backflow portion of the annual test performed on
a testable backflow preventer. In addition, the proposed amendment would require that an individual who
performs backflow preventer tests shall be certified through an agency that is recognized by the Bureau of
Safe Drinking Water in the Department of Environmental Protection.
    As the Department has provided a 60-day comment period on this notice of proposal, this notice is ex-
cepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact
     The proposed amendment would have a positive social impact by clarifying that a business permit is not
required for the backflow portion of the annual test performed on a testable backflow preventer, which pro-
motes a more uniform and consistent enforcement of the UFC. In addition, the proposed amendment would
reaffirm that individuals who perform backflow preventer tests must be certified through agencies that are
recognized by the Bureau of Safe Drinking Water in the Department of Environmental Protection to ensure
that such individuals are qualified to perform the tests.

Economic Impact
    The proposed amendment would have a positive economic impact by eliminating the cost associated
with obtaining a business permit for the backflow portion of the annual test performed on testable backflow
preventer.

Federal Standards Statement
    No Federal standards analysis is required because the amendment is not being proposed in order to im-
plement, comply with, or participate in any program established under Federal law or under a State law that
incorporates or refers to Federal law, standards, or requirements.
Jobs Impact
   The Department does not anticipate that any jobs would be created or lost as a result of the proposed
amendment.

Agriculture Industry Impact
    The Department does not anticipate that the proposed amendment would have any impact on the agricul-
tural industry.

Regulatory Flexibility Analysis
     The proposed amendment would provide that a business permit is not required for the backflow portion
of the annual test performed on a testable backflow preventer and that an individual who performs backflow
preventer tests shall be certified through a testing agency that is recognized by the Bureau of Safe Drinking
Water in the Department of Environmental Protection. A small business would benefit from the elimination
of the cost associated with obtaining a permit for the backflow portion of the annual test performed on a test-
able backflow preventer. In addition, an individual who performs a backflow preventer test may be a "small
business" as defined by the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Such an indi-
vidual would be required to be certified through an agency that is recognized by the Department of Environ-
mental Protection as would any other person who performs backflow preventer tests.

Smart Growth Impact
   Adoption of the proposed amendment would not have any consequences for the achievement of smart
growth or the implementation of the State Development and Redevelopment Plan.

Housing Affordability Impact
    As indicated in the Economic Impact above, the Department does not expect the proposed amendment to
have any adverse economic impact. Thus, the proposal would not impose any significant impact because
there is an extreme unlikelihood that it would evoke a change in the average costs associated with housing.

Smart Growth Development Impact
    As indicated in the Economic Impact above, the Department does not expect the proposed amendment to
have any adverse economic impact. Thus, the proposal would not impose any significant impact because
there is an extreme unlikelihood that it would evoke a change in housing production within Planning Areas 1
and 2 or within designated centers under the State Development and Redevelopment Plan.

Full text of the proposal follows (additions indicated in boldface thus):

SUBCHAPTER 2. ADMINISTRATION OF PERMIT AND CERTIFICATION PROGRAM
5:74-2.1 Business permits
 (a) (No change.)
 (b) A permit shall be required for each business that is engaged in the fire protection equipment business, or
otherwise engages in the installation, service, repair, inspection or maintenance of fire protection equipment.
1. (No change.)
2. A permit shall not be required for the backflow portion of the required annual test of a testable
backflow preventer. The tester shall have a valid certification from an agency that is recognized by the
New Jersey Department of Environmental Protection, Bureau of Safe Drinking Water.
 (c)-(n) (No change.)