N.J. Admin. Code § 5:73-2.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:73-2.5 - Live fire training permit

(a) A permit shall be required and obtained from the Division of Fire Safety for live fire training in, or in any part of, any building, structure, motor vehicle, or any other training mock-up or area, or area of land or portion thereof, on which firefighters or industrial fire brigade members are to be trained.

1. Prior to conducting any fire training, including such training for industrial fire brigade members, the instructor-in-charge shall ensure that each participant is certified as Firefighter I in accordance with 5:73-4 or each participant has completed the adopted State training programs for: self-contained breathing apparatus, salvage and overhaul, fire hose, appliances and adapters, fire streams and nozzles, ladders, safety, fire behavior, portable fire extinguishers, and live fire evolution.

i. In lieu of Firefighter I certification or completion of the required training program content, documentation of completion of prerequisite training as required by NFPA 1403, 2018 edition, incorporated herein by reference, as amended and supplemented, for the appropriate training facility, must be provided by the fire chief or industrial fire brigade chief.

ii. Industrial fire brigade members receiving training for incipient stage firefighting, advanced exterior firefighting, interior structural firefighting or advanced exterior and interior firefighting including pan fire extinguisher training as described in NFPA 600, Standard on Industrial Fire Brigades, 2015 edition, incorporated herein by reference, as amended and supplemented, must meet the requirements of the components of requisite knowledge and skills contained in the standard as appropriate, of NFPA 600, 2015 edition, and provide documentation as specified in (a)3 below.

2. Prior to conducting any live fire training for industrial fire brigade members, the industrial brigade must provide the eligible organization and/or the approved facility with a copy of the industrial brigade's Organizational Statement as required by the Federal Occupational Safety and Health Administration a minimum of two weeks prior to the scheduled training. Failure to provide this statement and supporting documents will prohibit the industrial brigade members from participating in live fire training.

i. All live fire training provided to industrial fire brigades must be conducted in accordance with NFPA 600, Standard on Industrial Fire Brigades, 2015 edition, NFPA 1403, Standard on Live Fire Training Evolutions, 2018 edition, and documented as specified in (a)3 below from the chief of the industrial fire brigade, in writing, on industry letterhead. Such verification shall become part of the written record as required by (e)6 below.

3. The instructor-in-charge shall accept verification of certification or training, or the completion of the necessary training modules, from an officer of the participant's fire department or industrial fire brigade, in writing, on fire department or industry letterhead or as part of the application to use the approved facility. Such verification shall become part of the written record required by (e)6 below.

i. The eligible organization shall accept verification that all live fire training provided to industrial fire brigade members will be conducted in accordance with NFPA 600, 2015 edition, and NFPA 1403, Standard on Live Fire Training Evolutions, 2018 edition, as amended and supplemented, from the chief of the industrial fire brigade, in writing, on industry letterhead. Such verification shall become part of the written record as required by (e)6 below.

(b) Permits shall be required, and shall be obtained from the Division, for any of the activities specified in this section. Permits shall at all times be kept at the premises designated therein and shall at all times be subject to inspection by the Division.

(c) Any permanent fire service training organization shall be eligible to apply for an annual Type A permit to conduct live fire training exercises.

1. Initially, application for a permit shall be made not less than 10 business days prior to the anticipated start of live fire training exercises. Application for renewal of a permit shall be made no less than 10 business days prior to the expiration date of the existing permit. All applications for permits shall be made on form(s) provided by the Division.

2. Permits shall be valid for a period not to exceed one year from the date of issuance unless revoked or suspended in accordance with (f) below.

i. The expiration date of all Type A permits shall be July 31.

ii. As a result of Executive Order No. 103 (2020), Live Fire Training Permits issued by the New Jersey Division of Fire Safety with an expiration date of July 31, 2020, shall be extended to December 31, 2020. Future permits shall return to the July 31 cyclical dates.

(d)5:70-2.7(a)3 viii shall regulate permits for live fire extinguisher training.

(e) Requirements for live fire training exercises are as follows:

1. Applications shall certify that all live fire training exercises shall be conducted in accordance with NFPA 1403, Standard on Live Fire Training Evolutions, 2018 edition, for the type of facility as described in that standard, where the live fire training will be conducted. In the event of any conflict between this section and the NFPA standards, the provisions of this section shall apply.

2. The instructor-in-charge of the live fire training exercise shall meet the requirements of 5:73-5.3 and hold valid certification issued by the Division as an Instructor II and Drill Ground Instructor.

i. All other instructors utilized for the live fire training exercise shall hold valid certification, at a minimum, as an Instructor I and Drill Ground Instructor.

3. All participants and instructors shall wear firefighter personal protective gear and equipment, including self-contained breathing apparatus, that meets the requirements of N.J.A.C. 12:100 when actively participating in live fire training exercises or when exposed to smoke or otherwise hazardous atmospheres.

4. Before any live fire training exercise is commenced, a safety checklist that has been approved by the Division shall be completed by the instructor in charge of the exercise. Such safety checklist shall include, but may not be limited to, the following:

i. Conducting a facility inspection to determine that:

(1) Hazards to personnel are identified and corrected or guarded;

(2) The live burn simulator (if applicable) is tested and found to be operational, in accordance with manufacturer's protocol. Manufacturer's protocol must be submitted if simulator is used.

(3) All emergency controls are tested and operating in accordance with manufacturer's instructions;

(4) The structural integrity of the building is confirmed. If a visual inspection reveals damage to structural members, the services of a professional shall be obtained to confirm and recommend corrective action. Such structural integrity shall be documented at least annually by an appropriate professional;

(5) Rubbish or excessive combustibles have been removed;

(6) All exits, including at least two means of egress per floor being utilized by students, are accessible and operable. In an existing building, one of the two required means of egress may be a fire escape, unless judged to be dangerous for use under emergency exiting conditions;

(7) Automatic or manual ventilation systems are provided and operational; and

(8) No person shall be placed inside the building to play the role of a victim;

ii. Conducting a briefing with all participants, to include:

(1) A discussion of participant safety;

(2) A familiarization of participants with the facility;

(3) A tour of the facility;

(4) A description of the evolutions to be performed, including operations;

(5) A description of the emergency contingency plan; and

(6) A description and demonstration of the emergency evacuation signal and the procedures to be followed if the signal is used;

iii. Inspecting personal protective equipment (PPE) including:

(1) All participants' PPE complies with N.J.A.C. 12:100-10, Standards for Firefighters;

(2) All required PPE is donned correctly before entry into a hazardous environment;

(3) Personal alert safety system (PASS) devices are activated before participant enters a hazardous area;

(4) Self-contained breathing apparatus (SCBA) is worn by all participants; and

(5) All SCBA cylinders are full at the commencement of the evolution;

iv. Assuring the adequacy of extinguishing capability, including:

(1) An adequate water supply;

(2) A minimum of 95 gpm is available through each hand line used for evolutions with actual lines sized to supply anticipated required flow rates;

(3) Properly rated and charged extinguishers are used for extinguisher training; and

(4) A minimum of one back-up hand line and crew are standing by, with line(s) sized to provide a flow at least equal to that required for the evolution, under the direction of a certified instructor;

v. Assuring the proper use of fuels with known burning characteristics, such as:

(1) Use only class A fuel of approved type;

(2) Use fuel at a rate consistent with extinguishing capability;

(3) LP-gas or natural gas used only as part of an engineered and approved system; and

(4) Reserve fuels are stored safely away from live fire; and

vi. Ensuring the safe conduct of the exercise, including:

(1) Provide sufficient staff, and make appropriate participant and instructor assignments, to safely accomplish objectives;

(2) Provide adequate instructor-to-student ratio. When students are Firefighter I Candidates, that ratio shall be a minimum of one instructor for every five students;

(3) Designate a safety officer in accordance with the Fire Service Incident Management System rules, N.J.A.C. 5:75, with no added duties;

(4) Utilize a personnel accountability system;

(5) Provide participants with, or assure their possession of, all necessary tools and implements;

(6) Have emergency medical services (EMS) available. Qualified EMS personnel on site, with or without transport, shall be sufficient at a permanent fire service training facility;

(7) Provide rest, rehabilitation and fluid replenishment, as necessary; and

(8) Conduct evolution with full regard for environmental conditions, with exercises terminated or curtailed by extreme weather.

5. Written records including information relating to the exercise shall be kept. Information shall include, but may not be limited to, the following:

i. The date and time of exercise;

ii. The names of instructors;

iii. The names of participants;

iv. The duration of the exercise; and

v. Problems or abnormalities encountered during the exercise.

6. Any injury requiring admission to a hospital or death occurring during, or as a result of, any live fire training exercise shall be reported to the Division within 24 hours after the occurrence.

(f) The Division shall either approve or deny any application for permit within 10 business days after receipt of each application. If an application for permit is denied, the Division shall inform the applicant of the reason for denial and of any measures necessary to bring the application into compliance.

1. An application which has not been granted within 10 days shall be deemed to have been denied. Such denial may be appealed in accordance with 5:73-1.5(c).

(g) The Division may revoke a permit already issued or deny future applications for permits for just cause. Reasons for revocation may include, but shall not be limited to:

1. Unsafe actions during live fire training exercises;

2. Injuries or death resulting from unsafe actions during exercises; or

3. Violation of this section.

(h) The Commissioner shall enforce and administer this section and is authorized to issues compliance orders to persons and public entities in violation thereof, to petition the Superior Court for injunctive relief enforcing any compliance order, to levy and collect civil penalties of not more than $ 500.00 per violation and to institute summary proceedings under the Penalty Enforcement Law (N.J.S.A. 2A:58-1et seq.) in the Superior Court to recover penalties previously levied. Each day that a violation continues after notice to cease has been given by certified mail or personal service shall be deemed a separate violation.

N.J. Admin. Code § 5:73-2.5

Amended by 50 N.J.R. 775(a), effective 2/5/2018

Modified by Executive Order No. 103(2020) 52 N.J.R. 1308(a), effective 4/29/2020