TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 154
FIREWARDS, FIREFIGHTERS, AND FIRE HAZARDS

Firewards, Fire Chiefs and Fire Departments; Organization, Powers and Duties

Section 154:8-c

    154:8-c Firefighting Personal Protective Equipment. –
I. In this section:
(a) "Department" means the department of safety.
(b) "Firefighting personal protective equipment" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, hoods, and respiratory equipment.
(c) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, joint venture, importer, or domestic manufacturer or distributor of firefighting agents or firefighting equipment. For the purposes of this section, "importer" means the owner of the product.
(d) "Municipalities" means any county, city, town, fire district, regional fire district, or other special purpose district that provides firefighting services.
(e) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
II. Beginning January 1, 2020, a manufacturer or other person that sells firefighting personal protective equipment to any person, municipality, or state agency shall provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains PFAS chemicals. The written notice shall include a statement that the firefighting personnel protective equipment contains PFAS chemicals. All notices shall be included in all personnel files of all employees using the firefighting personal protective equipment which contain PFAS chemicals.
III. The manufacturer or person selling firefighting personal protective equipment and the purchaser of the equipment shall retain the notice in procurement files for at least 3 years from the date of the transaction. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days.
IV. The department shall assist other state agencies, fire protection districts, and other municipalities to give priority and preference to the purchase of firefighting personal protective equipment that does not contain PFAS chemicals.

Source. 2019, 337:1, eff. Sept. 3, 2019.