Fire officials seeking VA depot agreement

Since the depot is federal property, tenants aren’t held to local fire and construction codes — but township fire companies still must respond in an emergency.

By: Charlie Olsen
   Fire Marshal Chris Weniger met with representatives from the VA Depot Wednesday to discuss the possibility of a contract for fire safety inspections, service and enforcement.
   Mr. Weniger said that the meeting was positive and that the possibility of a contract is waiting on paperwork from the VA.
   "It’s moving in the right direction," Mr. Weniger said.
   Chairman of the Board of Fire Commissioners Ron Berju said that because the VA Depot is federal property, its tenants aren’t held to local fire and construction codes — but Hillsborough fire companies are still required to respond in an emergency.
   "I want to know who has the power to shut things down and enforce," Mr. Berju said. "It has nothing to do with Republicans and Democrats — they made their own contract and I have no problem with that — we’re looking to take care of our own."
   According to Mr. Berju, the VA Depot allowed inspectors to come through for a cursory inspection to make fire safety suggestions over a year ago.
   Industrial Realty Group and the U.S. Department of Veterans Affairs signed a 35-year lease, which can be renewed for up to 75 years, for the VA Depot on Sept. 5, 2003. In the same month, New Jersey & Northern Railway LLC signed a lease with IRG allowing it to turn the site into a rail-to-truck transload facility.
   The Township Committee signed an agreement with IRG subsidiary Somerville Business Park LLC (SBP), a company leasing rental units on the land to businesses. The agreement included initial payments in lieu of taxes of approximately $300,000 from 2004 through 2016.
   The agreement also allows the health inspector to make routine inspections of the facility and prohibits SBP tenants from storing toxic chemicals there.
   Mr. Weniger said that about four months ago, the fire safety department received a complaint about a tenant and went to investigate and found that a storage space that had previously contained plastic pellets now contained plastic pellets and an acid. Because the firefighters don’t know what to expect they respond to calls from the depot, they might be unprepared for a chemical spill or fire.
   "When firefighters go in there, I want to be sure there’s no danger," Mr. Berju said. "I want to be sure the firefighters aren’t going to be sick the next day from sucking in some kind of poisonous gas."
   Mr. Weniger said that the VA had been "very receptive" to suggestions, but that "we can’t make them do anything, we can only recommend; it’s quite frustrating actually."
   Mr. Weniger said that suggestions included adding, fixing or replacing fire sprinklers, fire hydrants, as well as fixing structural and emergency exit issues. One of the major issues, increasing water pressure, has not been addressed.
   "I’m not going to say they’ve been ignoring us, it’s just not moving at the pace we’d like," Mr. Weniger said.
   On top of all that, any inspection work or fire fighting performed by the Hillsborough Fire Department is free, because the businesses don’t pay taxes.
   "All this work we have been doing for free because they don’t pay fire tax," Mr. Weniger said.
   Mr. Berju said he was concerned that businesses cited for code violations in the township would move their business into the VA Depot.
   In a letter dated Sept. 7 sent to the Township Committee, county freeholders and U.S. Congressman, Mr. Berju referenced the complaint at the depot and outlined the need for enforcement of fire code by whatever agency had jurisdiction over it.
   "If they’re not going to follow state and township regulations, will they follow federal regulations? Who will enforce it?" Mr. Berju said.
   Although he sent a letter to the Township Committee and county freeholders, this issue is beyond their purview.
   Township Administrator Kevin Davis said that the Board of Fire Commissioners was an independent agency and that the contract would probably be a contribution deal to cover the costs of inspection and fire service.
   "They’re an independent agency and they insisted on negotiating this deal themselves," Mr. Davis said. "It’s a good thing."