New Jersey Administrative Law blasts New Jersey Division of Fire Safety

In a recently published Administrative Law decision, the Court invalidated another attempt by New Jersey government to regulate and collect inspection fees and annual registration fees.   In a clear disregard of both statute and case law, the State of New Jersey through the Division of Fire Safety sought to obtain an annual registration fee and conduct inspections of self-storage facilities even though long standing court decision held that  self storage are not the equivalent of warehouses, store houses, freight depots used for the storage and handling of ordinary combustible materials.    The Fire Safety Bureau tried to argue that self storage facilities are like “a warehouse, storage house or freight depot”.   Nonetheless, after reviewing all applicable case law and court decisions to date, the Administrative Law Judge rejected the Commissioner of the Department of Community Affairs for the position advocated by the Division and argued that self storage is exempt from this additional money grabbing attempt by the State.