Hillsborough Township fire officials have said an outdated sprinkler system and aging hydrants hindered firefighters during Hillsborough warehouse fire. Watch video
HILLSBOROUGH -- In the aftermath of the massive warehouse fire at Veterans Industrial Park in February, Assemblyman Jack Ciattarelli (R-16th) has sent a letter to federal lawmakers asking that they reexamine "sovereign immunity" in an effort to make federal property used for commercial purposes subject to state and local fire regulations.
"Sovereign immunity" is a legal tenet by which the federal government cannot commit a legal wrong and is shielded from civil suit or criminal prosecution.
Ciattarelli, in a letter addressed to U.S. Sen. Robert Menendez (D-N.J.), U.S. Sen. Cory Booker (D-N.J.) and U.S. Rep. Leonard Lance (R-7th) dated April 28, wrote that the "sovereign immunity exemption is a contentious issue in the community." He added that the fire in the four-building warehouse complex "brought to light federal regulations that run counter to state and local fire code regulations."
The Veterans Industrial Park, located on Route 206, is owned by the Veterans Administration, which leases it to Quadro Realty, which in turn subleases the warehouse space.
Old sprinkers, hydrants hinder firefighters
Hillsborough fire officials have charged that an outdated sprinkler system and aging fire hydrants on the federally-owned property led to inadequate water pressure for firefighters trying to subdue the blaze that roared through the Hillsborough warehouse complex.
"While a federally owned and operated property may be inspected and cited for fire code violations by local officials, it is not subject to enforcement/compliance due to sovereign immunity," wrote Ciattarelli. "In the case of Veterans Industrial Park, this exemption extends to the private leasing company and commercial enterprise tenants.
"Said another way, no party is required to take corrective action for any violations cited by Hillsborough Fire Marshalls. Just as troubling, while Hillsborough Fire Marshalls are not necessarily required to inspect the federally-owned property, the federal government performs no inspections of its own."
Hillsborough Chief Fire Marshal Chris Weniger has said that township had voiced its concerns on multiple occasions to Quadro, going back as far as 10 years. He has said if the township had jurisdiction, the sprinkler system and fire hydrants would have met fire code standards. He admitted the Quadro addressed some concerns.
"Regulations that exempt federal property used for governmental purposes from state and local fire codes are arguably bad. Regulations that exempt federal property used for commercial purposes from state and local fire codes are seemingly outrageous," wrote Ciattarelli. "With this in mind, a change in federal regulations is warranted. Namely, at the very least, when federal property is leased to the private sector for commercial purposes, the lease agreements should state that tenants are subject to state and local fire codes, including complete compliance and citations for non-compliance."
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.