Smoking in Jersey Fire Houses

[Murphy4329]

Any of you Jersey guys having problems with smoking inside the fire house after this new law took effect?

The department I run with owns the building we work out of, but it sits on borough land. The borough pays the utilities for the building in exchange that we house "their" apparatus. Some of the older guys in our department consider the house a "members only club" which means in their minds that we are exempt from the new law. Either way, members only or not, I dont believe we are exempt but its hard to get past the old guys.

Any input will help. Thanks guys.

[Chauffer6]

Rockland County, NY (just across the border) has had laws against smoking in public or government buildings for years now, and it applies to firehouses. No one really holds to it, but common courtesy does prevail. In our firehouse, there has been a no smoking rule in the kitchen, commissioner's office and meeting room in effect and honored for decades, well before the laws. From time to time, people complain if someone smokes in the rec room, which is fair. No one really bothers the smokers if they're on the apparatus floor though. Afterall, if you're so concerned with carcinogenic smoke on the apparatus floor, then pass a law mandating diesel exhaust ventilation systems.

[DonSmithnotTMD]

Sounds like C-rap to me but I'm old.

[Bones42]

Someone just the other night told a guy he can't smoke in the firehouse as it's a public building. I then explained to that person that it's not a public building. Our fire company owns the building and rent space in the bays for the town to park their apparatus. In our case, we aren't a public building. If your town owns your building, it's a public building. In your case...it's a private building on public land. I'm sure there is some type of written agreement somewhere regarding your building/land and it might be time to find it and read what it says. Might be that you sold your building to the town for a 1$ way back when or something like that.

[ocfm48]

you may own the building ... but if you invite the public in IE: hall renatls, elections, Ect. it is a public building and you must follow the law.

[DrParasite]

The flip side is, the law is only as good as the people who enforce it.

so if your smoking a cigarette and someone decides to call the cops (those who are charged with enforcing the law) on you, you need to be able to finish your smoke before they get there.

[notmedicyet]

My EMS Co. has had a "No Smoking" policy for years.... the FD only allows smoking in the building in the "designated area" - front of Engine Bay, and in the Hall during some company events. And Outside. And NO minors smoke on property.

[Bones42]

Ray, I invite people into my house. Does that make it a public building? ;)

[ocfm48]

That depends... is your home a commercial property? Does the town give you money for the upkeep of your home? Do you park Borough owned apparatus in you garage ? ... lol you get the point ! :D

[ChiefKN]

The debate over private or public is covered by the law.

Can you tell me you never have the public in the building(public being non-members)?


In the first version there was an exemption for social clubs, which was removed. Which, in my opinion, supports the argument that we are covered by the new law.

From the Law:

"Indoor public place means a structurally enclosed place of business, commerce or other service related activity, whether publicly or privately owned or operated on a for profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building, office or building owned leased, or rented by the State or by a county or minicipal government; public and nonpublic elementary or secondary school building......."

A firehouse does invite the public in and is a place of business, the law makes no exemptions for non profit or private.

My take is that this includes non-profit owned buildings regardless of use.

[FDNY101TRUCK]

We had people go outside to smoke and dip years ago so there is really no conflict...if you smoke you go outside...