reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-8 - Assurance of availability of standard housing

20:4-8. Assurance of availability of standard housing
Whenever the acquisition of real property for a program or project undertaken by a taking agency will result in the displacement of any person on or after the effective date of this section, such agency shall assure that, within a reasonable period of time, prior to displacement, there will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employment; except that regulations issued pursuant to section 10 of this act may prescribe situations when these assurances may be waived.
L.1971, c. 362, s. 8, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-9 - Provision of standard housing when sale or rental housing unavailable

20:4-9. Provision of standard housing when sale or rental housing unavailable
If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the taking agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project.
L.1971, c. 362, s. 9, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-10 - Authority of the commissioner

20:4-10. Authority of the commissioner
a. The commissioner shall adopt such rules and regulations as may be necessary to assure:
(1) that the payments and assistance authorized by this act shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
(2) that a displaced person who makes proper application for a payment authorized for such person by this act shall be paid promptly after a move or, in hardship cases, be paid in advance; and
(3) that any person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of a payment, may have his application reviewed by the head of the taking agency or other appropriate officer.
b. The commissioner may prescribe such other regulations and procedures, consistent with the provisions of this act, as he deems necessary or appropriate to carry out this act.
L.1971, c. 362, s. 10, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-11 - Administration

20:4-11. Administration
In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the commissioner may authorize any taking agency to enter into contracts with any individual, firm, association or corporation for services in connection with such programs, or may carry out its functions under this act through any Federal or State agency or instrumentality having an established organization for conducting relocation assistance programs.
L.1971, c. 362, s. 11, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-12 - Fund availability

20:4-12. Fund availability
Funds appropriated or otherwise available to any taking agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this act as applied to that program or project.
L.1971, c. 362, s. 12, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-13 - State participation in cost of local relocation payments and services

20:4-13. State participation in cost of local relocation payments and services
If a unit of local government acquires real property, and State financial assistance is available to pay the cost, in whole or part, of the acquisition of such real property, or of the improvement for which such property is acquired, the cost to the unit of local government of providing the payments and services prescribed by this act shall be included as part of the costs of the project for which State financial assistance is available to such unit of local government, and shall be eligible for State financial assistance in the same manner and to the same extent as other project costs.
L.1971, c. 362, s. 13, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-14 - Displacement by code enforcement or voluntary rehabilitation

20:4-14. Displacement by code enforcement or voluntary rehabilitation
A person who moves or discontinues his business or moves other personal property, or moves from his dwelling on or after the effective date of this act as the direct result of code enforcement activities, or a program of rehabilitation of buildings conducted pursuant to a governmental program, is deemed to be a displaced person for the purposes of this act.
L.1971, c. 362, s. 14, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-15 - Payments not to be considered as income or resources

20:4-15. Payments not to be considered as income or resources
No payment received by a displaced person under this act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State Law or for the purposes of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of the State's corporation tax law or other tax laws. Such payments shall not be considered as income or resources of any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
L.1971, c. 362, s. 15, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-16 - Payment under state law of eminent domain not payment under this act

20:4-16. Payment under state law of eminent domain not payment under this act
No payment or assistance under this act shall be required or included as a program or project cost under this act if the displaced person receives a payment required by the State law of eminent domain which is determined by such taking agency head to have substantially the same purpose and effect as such payment under this act, and to be part of the cost of the program or project for which Federal or State assistance is available.
L.1971, c. 362, s. 16, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-17 - Loans for costs in planning and in obtaining financing for housing for displaced persons

20:4-17. Loans for costs in planning and in obtaining financing for housing for displaced persons
In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or State, or Federal or State financially assisted project, the head of the Federal or State agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtaining Federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80% of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analysis of market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. Loans to an organization established for profit shall bear interest at a market rate established by the head of such Federal or State agency. All other loans shall be without interest. Such Federal or State agency head shall require repayment of loans made under this act, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal or State share of the sum repaid shall be credited to the account from which such loan was made, unless the Department of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the treasury and credited to miscellaneous receipts.
L.1971, c. 362, s. 17, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-18 - Payments under this act additional to awards in condemnation awards

20:4-18. Payments under this act additional to awards in condemnation awards
The payments authorized in this act shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on the effective date of this act and such payments are to be in addition to the just compensation established in the condemnation proceedings but only to the extent they are not otherwise included within the condemnation award.
L.1971, c. 362, s. 18, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-19 - Appeal procedure

20:4-19. Appeal procedure
Any person or business concern aggrieved by final administrative determination, concerning eligibility for relocation payments authorized by this act may appeal such determination to the Superior Court.
L.1971, c. 362, s. 19, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-20 - Severability

20:4-20. Severability
If any provision of this act or the application thereof to any person of circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
L.1971, c. 362, s. 20, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-21 - Repeal of inconsistent acts

20:4-21. Repeal of inconsistent acts
All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed.
L.1971, c. 362, s. 21, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:4-22 - State department of transportation; inapplicability of act; supplemental program; consultation with commissioner of department of community affairs

20:4-22. State department of transportation; inapplicability of act; supplemental program; consultation with commissioner of department of community affairs
The provisions of this act shall not apply to the State Department of Transportation; provided, however, that the State Department of Transportation shall supplement its existing relocation assistance program designed to minimize the hardships of persons and business concerns displaced as a result of the acquisition by said State Department of Transportation of any real property for a public use, by July 1, 1972. Said supplemented program shall be in compliance with the rules and regulations of the Federal Highway Administration relating to relocation assistance so as to fully qualify the Department of Transportation for Federal aid reimbursement and to equal or exceed the requirements of this statute. For purposes of coordinating and formulating uniform relocation programs of the State, the Commissioner of Transportation shall consult with the Commissioner of the Department of Community Affairs in order that said relocation assistance program will be in general conformity with any rules and regulations promulgated by the Commissioner of the Department of Community Affairs pursuant to P.L. 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amendments thereto.
L.1971, c. 362, s. 22, eff. Jan. 1, 1972.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-130 - Enforcement

21:1A-130. Enforcement
The commissioner shall enforce the provisions of this act, make complaints against persons violating its provisions, and prosecute violations of the same. The commissioner and any authorized person acting under him shall have authority to enter and inspect any place or establishment covered by this act. If upon inspection the commissioner discovers a condition which exists in violation of the provision of this act or if the commissioner determines that certain precautions are reasonably necessary for the safety of workers and the public and the protection of property, he shall be authorized to order such violation to cease or such precaution to be taken. The order shall state the items which are in violation of the provisions of the act or the precautions which he deems reasonably necessary to be taken, and shall provide a reasonable specified time within which the required action must be taken by the person responsible. If the violation or the lack of certain precautions constitutes an imminent hazard and the commissioner's order is not obeyed, the commissioner may apply for an injunction in the Superior Court of New Jersey. Nothing herein shall be deemed to prevent the commissioner from prosecuting any violation of this act, notwithstanding that such violations are corrected in accordance with his order.
The Division of State Police, Department of Law and Public Safety shall have concurrent enforcement power with regard to the transportation of explosives on any highway as defined in this act.
Any person aggrieved by an order or act of the commission under this act may, upon application made within 15 days after notice thereof, be entitled to a hearing before the commissioner who shall within 30 days after submission of the application hold a hearing of which at least 15 days written notice shall be given to all interested parties. The commissioner, upon application therefor, may stay the operation of the order complained of pending his final determination upon such terms and conditions as he may deem proper. Within 30 days after the said hearing the commissioner shall issue an appropriate order modifying, approving or disapproving his prior order or act. A copy of such order shall be served upon all interested parties.
L.1960, c. 55, p. 470, s. 3.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-131 - Rules and regulations

21:1A-131. Rules and regulations
The commissioner may make and promulgate rules and regulations necessary to further the purposes of this act. The rules and regulations may include requirements that are not mentioned specifically in this act but which are reasonably necessary for the safety of workers and the public and the protection of property. Such rules and regulations shall have the force and effect of law and shall be enforced in the same manner. The procedure for the promulgation of rules and regulations under this section shall be as follows:
(a) Upon the completion of proposed rules and regulations by the commissioner notice of the proposed promulgation shall be given to all holders of explosive permits. This notice shall be in writing, shall state briefly the purpose of the proposed rules and regulations, shall state that a copy of the proposed rules and regulations may be obtained upon written request to the Department of Labor and Industry and shall state that upon written request to the Commissioner of Labor and Industry, a hearing will be held by the commissioner or his authorized representative for the purpose of hearing recommendations concerning the proposed rules and regulations;
(b) If no hearing is requested, the commissioner shall promulgate the rules and regulations within 60 days of the notice required by section 4(a) of this act.
(c) If a hearing is requested, notice of the hearing shall be sent to all holders of permits. The notice shall state the date, time and place of the hearing.
(d) Within 60 days after the hearing, the commissioner shall promulgate the rules and regulations as originally proposed or with such changes that he, in his discretion, decides to make in view of the recommendations offered at the hearing. No further hearings are required.
L.1960, c. 55, p. 471, s. 4.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-132 - Prohibited acts; exceptions; permit required; records and reports of permittees; disposal of deteriorated or leaking explosives

21:1A-132. Prohibited acts; exceptions; permit required; records and reports of permittees; disposal of deteriorated or leaking explosives
It is prohibited for any person to manufacture, store, sell, transport, use, dispose of, or possess explosives in any manner except as permitted under this act. Any person who is not engaged primarily in the manufacture, sale, storage, transportation or use of explosives but who in the course of activities engages in any of the above or uses explosives in any manufacturing process shall be required to comply with the provisions of this act.
A. No person shall sell, deliver, give away or otherwise dispose of any explosives to any persons not in possession of a permit as required by the provisions of this act. No person shall have any explosives in his possession or control without a permit required by this act.
B. Every person holding a permit to manufacture, sell, store or use explosives shall keep such records as may be required by the commissioner, and shall file reports monthly with the commissioner, on a date and in a form to be prescribed by the commissioner, listing amounts of explosives used, sold or otherwise disposed of, during the preceding month and showing inventories on hand, and shall be required to report immediately any loss, by theft or otherwise, of explosives in his possession to the commissioner, who shall immediately forward such information to the Attorney General of the State, provided, however, that where an employer is maintaining such records, his employees holding permits to use explosives, at the discretion of and with the written approval of the commissioner, shall not be required to maintain individual records. Records shall be retained at least until the end of the calendar year next following the year in which the record is made. All such records shall be open to inspection by the commissioner.
C. No person shall handle explosives while under the influence of narcotics or intoxicating liquors.
D. No person shall smoke or have open lights or fire- or flame-producing devices while handling or using explosives or when within 100 feet of any magazine or vehicle containing explosives; provided, however, that this prohibition shall not apply to the use of igniters when preparing to detonate an explosive charge.
E. When deteriorated or leaking explosives are found by the commissioner, he may order them disposed of in the manner he shall direct, at the expense of the possessor.
L.1960, c. 55, p. 472, s. 5. Amended by L.1971, c. 35, s. 1, eff. Feb. 25, 1971.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-133 - Permits for manufacture, sale, storage, transportation or use of explosives

21:1A-133. Permits for manufacture, sale, storage, transportation or use of explosives
Any person who shall manufacture, sell, store, transport or use explosives first shall obtain a written or printed permit from the commissioner, which permit shall state specifically the use or uses authorized:
(a) To manufacture--authorizing the manufacture of explosives and storage of materials in process, developmental materials and finished products.
(b) To sell--authorizing the sale of explosives.
(c) To transport--authorizing the transportation of explosives; provided, however, that no permit will be required where such transportation is not on the highways nor where the articles being transported are of laboratory samples; however, such transportation shall otherwise be in conformity with the provisions of this act.
(d) To store--authorizing the purchase and storage of explosives in a specified magazine;
(e) To use--authorizing a person to use explosives for such purposes and under such conditions as are specified on the permit. The commissioner may establish classifications of use of explosives for blasting and other purposes, specifying the privileges and requirements of each classification. Persons holding, or employed by a person holding, a permit to manufacture explosives, and who are engaged in the testing of explosives incident to the manufacture or development thereof shall not be required to obtain a permit to use explosives.
A. No permit shall be required for the storage, transportation or use of smokeless powder which is used by private persons for the hand loading of small arms ammunition and which is not for resale. For this purpose not more than 36 lbs. of smokeless powder and not more than 5 pounds of black powder shall be stored or transported without a permit.
B. Permits shall at all times be readily available to inspection by the commissioner, State Police or local police and fire departments and shall be posted as directed by the commissioner.
C. Permits shall not be transferable.
D. Whenever a permanent storage magazine for which a permit has been issued is moved to a new location, or its physical surroundings are so changed that the magazine comes within the prohibited distances to a highway, railroad or inhabited building, the permit for said magazine shall become invalid and a new permit required.
E. No permittee shall manufacture, sell, transport, store or use explosives except in compliance with the limitations expressed on the permit.
L.1960, c. 55, p. 473, s. 6. Amended by L.1971, c. 35, s. 2, eff. Feb. 25, 1971.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-136 - Magazines; requirements

21:1A-136. Magazines; requirements
All explosives, except those in the process of manufacture or being transported or used as permitted by this act, shall be stored in a magazine complying with the requirements of this act.
A. All magazines shall be in charge of a competent person who shall be at least 21 years of age. The holder of the storage permit shall be held responsible for compliance with all safety precautions.
B. All magazines shall be well ventilated, clean, dry and free of grit, paper, rubbish and any combustible material other than explosives or the cases containing them.
C. All magazines shall be kept closed and locked except when necessarily opened for the lawful purpose of storing or removing explosives, for inspections, or by persons lawfully entitled to enter same.
D. No container of explosives shall at any time be opened in or within 50 feet of any magazine, nor shall any explosives be kept in any magazine except in closed containers.
E. The commissioner is hereby authorized to deny a permit for a magazine which in his judgment is unsuited for the storage of explosives. The commissioner may require plans for magazines to be submitted for approval before the magazines are constructed and used.
F. Magazines shall not be provided with artificial heat or internal lighting except by approved portable electric safety battery lamps. Underground magazines may be provided with explosion proof lights where all wiring is in conduits and the switch is located outside of the magazine.
G. All magazines in which explosives are stored, except those in explosives manufacturing establishments, shall conform with the Tables of Distance for storage of explosives established by regulations promulgated under this act.
H. The commissioner shall state on each storage permit the maximum amount of explosives that may be stored under that permit. No quantity of explosives in excess of that amount shall be stored under the permit. In any event no quantity in excess of 300,000 pounds of commercial explosives and no quantity in excess of 20,000,000 blasting caps shall be kept or stored in any magazine.
I. Nitro-carbo-nitrates or propellants, or both, may be stored with commercial explosives in the same magazine, but when so stored, all commercial explosives magazine regulations apply, and the quantity of nitro-carbo-nitrate or propellant shall be taken into consideration in computing the total quantity in the magazine for compliance with the quantity and distance tables for commercial explosives established by regulation.
L.1960, c. 55, p. 479, s. 9.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-137 - Transportation of explosives

21:1A-137. Transportation of explosives
A. The person using any vehicle for the transportation of explosives, whether he be the owner or lessee, shall be responsible for the keeping of inspection records required by the commissioner.
B. It is prohibited for any person to transport or carry explosives upon any public conveyance.
C. No explosives shall be transported in any form of full trailer, nor shall any trailer be attached to a vehicle transporting explosives.
D. Vehicles in which explosives are being transported shall be driven by and be under the control of a driver at least 21 years of age. Such a person shall be familiar with the New Jersey laws and rules and regulations pertaining to the transportation of explosives.
E. No quantity of explosives in excess of the quantity indicated upon the transportation permit shall be transported in a vehicle.
F. Blasting caps or electric blasting caps, or both, may be transported in the same vehicle with other commercial explosives only when the net weight of the other commercial explosives does not exceed 5,000 pounds.
G. When nitro-carbo-nitrates or propellants, or both, are transported in the same vehicle with commercial explosives, all requirements governing the transportation of commercial explosives must be followed.
L.1960, c. 55, p. 480, s. 10.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-138 - Blasting operations

21:1A-138. Blasting operations
A. Persons authorized to conduct blasting operations and their employers or persons in charge of the operation shall comply with all provisions of this act and rules and regulations promulgated hereunder. No employer shall employ any person to prepare explosive charges or conduct blasting operations unless such person holds a valid permit to use explosives issued by the commissioner, provided however, that
(a) explosives may be used by a miner in underground mining operations without a permit to use explosives if the blasting operations are under the direct supervision of a person in possession of a valid permit.
(b) explosive charges may be prepared by a person at least 18 years of age without a permit to use explosives if such work is done under the direct supervision of a person in possession of a valid permit.
(c) persons not less than 15 years of age shall be permitted to assist in the preparation or use of propellants in amateur rocket experimentation when such work is done under the actual control and supervision of a person in possession of a valid permit to use explosives, and in such a manner and place as to insure the safety of persons and property where such work is performed, and in conformity with rules and regulations promulgated under this act.
B. The amount of explosives taken into a blast area shall never exceed the amount estimated by the blaster as necessary for the blast.
C. When commercial explosives are used in conjunction with nitro-carbo-nitrates, all safety precautions and rules and regulations for commercial explosives shall be observed.
D. Except when nitro-carbo-nitrates are mixed at the site of the blast for immediate use, any such mixing shall be deemed to be manufacturing of explosives and shall be subject to all applicable provisions relating thereto.
L.1960, c. 55, p. 481, s. 11.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-139 - Jurisdiction of commissioner; law governing manufacture, sale, transportation, storage or use of explosives

21:1A-139. Jurisdiction of commissioner; law governing manufacture, sale, transportation, storage or use of explosives
The commissioner shall have exclusive jurisdiction over the regulation of the manufacture, sale, transportation, storage and use of explosives. This act shall supersede any existing ordinance, by-law or resolution of any municipality or other governmental subdivision pertaining to the manufacture, sale, transportation, storage or use of explosives.
L.1960, c. 55, p. 482, s. 12.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-141 - Exemptions

21:1A-141. Exemptions
Nothing contained in this act shall be construed as applying to the military or naval forces of the United States or its allies, or the duly authorized militia of any State, nor to the police or fire departments of this State, providing the same are acting in their official capacity and in the performance of their public duties.
A. Nothing contained in this act shall be construed as applying to explosives which are in transit upon vessels, railroad cars or vehicles or while being held for delivery, when such transportation and delivery are under the jurisdiction of and in conformity with regulations adopted by the Interstate Commerce Commission, the United States Coast Guard or the Civil Aeronautics Board, and provided, further, that nothing in this act shall be construed as applying to the receipt, possession, and use of signals required for the safe operation of vessels, motor vehicles, railroad cars, or aircraft by the operators of such vessels, motor vehicles, railroad cars or aircraft.
L.1960, c. 55, p. 484, s. 14.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-142 - Possession of explosives or bombs for unlawful purpose

21:1A-142. Possession of explosives or bombs for unlawful purpose
Any person who shall have in his possession or control any explosives, including any bomb, shell or similar device filled with one or more explosives, intending to use the same or cause the same to be used or who has used the same for an unlawful purpose shall be guilty of a high misdemeanor, and upon conviction shall be punished by imprisonment in a State prison for a term of not more than 25 years. The possession of explosives or any bomb, shell or similar device filled with explosives, without a permit as required by this act, shall be evidence of an intent to use the same or cause the same to be used for an unlawful purpose. Unlawful purpose shall mean a purpose that cannot be authorized under the provisions of this act.
L.1960, c. 55, p. 484, s. 15. Amended by L.1971, c. 35, s. 4, eff. Feb. 25, 1971.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-143 - Partial invalidity

21:1A-143. Partial invalidity
If any provision of this act is adjudged unconstitutional or invalid for any reason, such adjudication shall not affect any of the other provisions of this act.
L.1960, c. 55, p. 485, s. 16.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1A-144 - Repeals

21:1A-144. Repeals
The following statutes are hereby repealed:
P.L.1941, c. 27 (approved March 28, 1941) and all amendments and supplements thereto.
Sections 34:5-24 through 34:5-32 of the Revised Statutes.
Sections 21:1-41 through 21:1-44 of the Revised Statutes.
Sections 21:1-50 and 21:1-51 of the Revised Statutes.
The repeal of any statute herein shall not be deemed to revive any act previously repealed by any such statute.
L.1960, c. 55, p. 485, s. 17.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-1 - Definitions.

21:1B-1 Definitions.
1. As used in this chapter:
"Board" means the Liquefied Petroleum Gas Education and Safety Board;
"Bulk plant" means intermediate establishments or points of storage and distribution, as distinguished from terminals and refineries, from which liquefied petroleum gas is distributed to retail dealers and consumers;
"Commissioner" means the Commissioner of Community Affairs;
"Department" means the Department of Community Affairs; and
"Liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.
L.1950,c.139,s.1; amended 1958, c.43, s.2; 1999, c.109, s.5.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-2 - Regulations concerning transporting of liquefied petroleum gases.

21:1B-2 Regulations concerning transporting of liquefied petroleum gases.
2. (a) The Superintendent of State Police shall coordinate the implementation and enforcement of regulations adopted pursuant to P.L.1983, c.401 (C.39:5B-25 et seq.) concerning the transporting of liquefied petroleum gases as required for compliance with the Code of Federal Regulations, Title 49.
(b) The Commissioner of Community Affairs shall make, promulgate and enforce regulations setting forth minimum standards covering the design, construction, location, installation and operation of equipment for storing, handling or utilizing liquefied petroleum gases at public utility establishments operated by public utilities as defined in section 48:2-13 of the Revised Statutes and at marine terminals, pipeline terminals, refineries and manufacturing establishments, which shall not be deemed to include bulk plants, and specifying the odorization of said gases and the degree thereof prior to sale by the manufacturer.
(c) All regulations promulgated under subsection (a) or (b) of this section shall be adopted only after a public hearing thereon and shall be such as are reasonably necessary for the protection of the health, welfare and safety of all persons and shall be in substantial conformity with the generally accepted and applicable standards of safety concerning the same subject matter.
L.1950,c.139,s.2; amended 1958, c.43, s.3; 1999, c.109, s.6.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-3 - Installation, maintenance of equipment.

21:1B-3 Installation, maintenance of equipment.
3. All equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and regulations adopted under section 2 of this act; however, the inspection of propane gas equipment installations inside of predominantly residential buildings and those above ground installations which are on the outside of predominantly residential buildings may be made and approved or disapproved by the Construction Code official of the respective municipality pursuant to the standards promulgated by the Commissioner of Community Affairs. For purposes of this act "predominantly residential" means and includes buildings in which people reside or dwell as distinguished from buildings which are used entirely for commercial or business purposes. The term shall also include any building having 51% or more of its total floor space devoted to dwelling purposes.
L.1950,c.139,s.3; amended 1958, c.43, s.4; 1975, c.165; 1999, c.109, s.7.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-4 - Containers and receptacles

21:1B-4. Containers and receptacles
No person, firm or corporation, other than the owner and those authorized by the owner so to do, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever.
L.1950, c. 139, p. 274, s. 4.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-5 - Violations, penalties.

21:1B-5 Violations, penalties.
5. It shall be unlawful for any person, firm, association, or corporation, on and after the effective date of this act to violate any of the provisions hereof or of the regulations made pursuant hereto. Any person, firm, association, or corporation violating any of the provisions of this act, or said regulations made hereunder shall be liable to a penalty of not less than $50.00 nor more than $500.00 to be collected in a summary proceeding in any municipal court or in the Superior Court. Each day during which any violation of this act or of said regulations continues shall constitute a separate and distinct offense.
The Superintendent of State Police and the Commissioner of Community Affairs, according to the jurisdiction granted under section 2 of P.L.1950, c.139 (C.21:1B-2), are hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount, in the discretion of the Superintendent of State Police and the Commissioner of Community Affairs, respectively, as may appear appropriate and equitable under all of the circumstances.
L.1950,c.139,s.5; amended 1958, c.43, s.5; 1991, c.91, s.265; 1999, c.109, s.8.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-6 - Additional penalties.

21:1B-6 Additional penalties.
6. In addition to the penalties provided in section 5 of P.L.1950, c.139 (C.21:1B-5), any person, firm or corporation who shall violate or remain in violation of any of the provisions hereof, or of any rule or regulation promulgated hereunder, may be directed and ordered by the Superintendent of State Police or the Commissioner of Community Affairs, according to their respective jurisdiction under section 2 of P.L.1950, c.139 (C.21:1B-2), by notice in writing setting forth the facts relating to such violation to correct said violation. Such notice in writing shall be served personally upon said person or mailed by registered or certified mail to the principal office of said person, firm or corporation or if an individual or individuals, to his or their residence. If such order is not complied with and such violation not corrected within 20 days of the date of service of said order, the Superintendent of State Police or Commissioner of Community Affairs, as the case may be, may institute an action in the Superior Court for injunctive relief or an abatement. The court may proceed in the action in a summary manner or otherwise, and shall make such determination thereof as shall seem necessary and proper to correct the violation and secure enforcement of said order of the Superintendent of State Police or Commissioner of Community Affairs, as the case may be. Every such order issued by the Superintendent of State Police or Commissioner of Community Affairs under the provisions of this section shall be prima facie evidence of the truth of the matter and things therein set forth.
L.1950,c.139,s.6; amended 1953, c.21, s.3; 1958, c.43, s.6; 1999, c.109, s.9.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-7 - Ordinances not to conflict with regulations

21:1B-7. Ordinances not to conflict with regulations
No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this act or with the regulations promulgated under section two of this act.
L.1950, c. 139, p. 275, s. 7, eff. Sept. 1, 1951.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-9 - Transfer of powers, functions and duties of superintendent of state police to commissioner of labor and industry

21:1B-9. Transfer of powers, functions and duties of superintendent of state police to commissioner of labor and industry
All the powers, functions and duties heretofore exercised by the Superintendent of State Police pursuant to the provisions of P.L.1950, c. 139, as amended (C. 21:1B-1 et seq.) and pertaining to the design, construction, location, installation and operation of equipment for storing, handling and utilizing liquefied petroleum gases at places of employment are hereby transferred to and vested in the Commissioner of Labor and Industry.
L.1972, c. 107, s. 1.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-10 - Rules, regulations and orders of superintendent of state police; continuance

21:1B-10. Rules, regulations and orders of superintendent of state police; continuance
a. All rules and regulations promulgated by the Superintendent of State Police relating to such places of employment shall remain in full force and effect until they are superseded by rules and regulations promulgated by the Commissioner of Labor and Industry.
b. All orders of the Superintendent of State Police shall be continued in full force and effect unless modified or disapproved by the Commissioner of Labor and Industry; provided, however, that no order may be modified or disapproved with regard to an installation in existence on the effective date of this act except where such installation creates a hazardous condition that endangers the public.
L.1972, c. 107, s. 2.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-11 - Method of transfer

21:1B-11. Method of transfer
The transfer directed by this act shall be effected pursuant to the "State Agency Transfer Act," P.L.1971, c. 375 (C. 52:14D-1 et seq.).
L.1972, c. 107, s. 3.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-12 - Liquefied Petroleum Gas Education and Safety Board.

21:1B-12 Liquefied Petroleum Gas Education and Safety Board.
1. a. There is created within the Department of Community Affairs the Liquefied Petroleum Gas Education and Safety Board. This board shall be advisory in nature to the Commissioner of Community Affairs. The board shall be composed of 11 members: three public members appointed by the Governor on a nonpartisan basis, two of whom shall be professional firefighters or other fire safety professionals; one representative from the environmental community and one representative from a consumer group, appointed by the Governor; five members who are representatives of the liquefied petroleum gas industry appointed by the Governor upon recommendation by the Board of Directors of the New Jersey Propane Gas Association; and one representative of a gas public utility involved in the storage and distribution of liquefied petroleum gas, appointed by the Governor. Members of the board who are representatives of the liquefied petroleum gas industry and the gas public utility shall have been legal residents of the State for at least the five years prior to their appointment and have been actively engaged in the liquefied petroleum gas industry for at least five years. Members of the board shall be appointed within 90 days after the effective date of this act.
Of the members first appointed as public members, one shall serve for one year, one shall serve for two years, and one shall serve for three years. Of the members representing the liquefied petroleum gas industry, the first appointed shall serve for one year, the next appointed shall serve for two years, and the remainder shall serve for three years. The representative from the environmental community, the representative of the gas public utility and the representative from a consumer group shall each serve for three years.
Upon expiration of the terms of the members first appointed, the terms of all members shall be three years. Members may be reappointed. Members shall serve until a replacement is appointed. Vacancies shall be filled in the same manner as the original appointment. In the case of a vacancy occurring otherwise than by expiration of term, that vacancy shall be filled only for the unexpired term.
b. The board shall elect a chairman and vice-chairman from among its members at its first regular meeting each calendar year. All meetings of the board shall be held on a prescribed date, at least quarterly, and also at any time a majority of the board members requests a meeting in writing to the board chairman. Any six members shall constitute a quorum for the transaction of business. The board may adopt bylaws governing its procedures and method of operation.
c. The members of the board shall not receive compensation, but may receive an allowance for travel expenses as determined by the commissioner to the extent such funds are made available.
L.1999,c.109,s.1.
2023 New Jersey Revised Statutes › Title 21 - Explosives and Fireworks › Section 21:1B-14 - Areas over which board has no authority.

21:1B-14 Areas over which board has no authority.
3. The board shall have no authority governing:
a. The production, refining or manufacture of liquefied petroleum gas;
b. The storage, sale, or transportation of liquefied petroleum gas by pipeline or railroad tank car by a pipeline company, producer, refiner or manufacturer;
c. The equipment used by a pipeline company, producer, refiner or manufacturer in a producing, refining or manufacturing process, or in the storage, sale or transportation by pipeline or railroad tank car;
d. Any deliveries of liquefied petroleum gas to another person at the place of production, refining, or manufacturing;
e. Regulations and requirements of liquefied petroleum gas transporters as covered by the Code of Federal Regulations, Title 49, as administered pursuant to P.L.1983, c.401 (C.39:5B-25 et seq.); or
f. Those portions of the liquefied petroleum gas system operated by a gas public utility that are under the regulation and requirements of Title 49 of the Code of Federal Regulations, as administered by the New Jersey Board of Public Utilities.
L.1999,c.109,s.3.