An Act requiring that fire barriers be installed in cocklofts of certain residential buildings and supplementing P.L.1983, c.383 (C.52:27D-192 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Each multiple dwelling and attached housing shall be equipped with walls that have a fire-resistance rating of not less than three hours in any common area lofts, attics, and cocklofts between adjoining dwelling units or building sections.

b. The commissioner shall promulgate rules and regulations pursuant to its rule-making authority under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of this section.

c. As used in this section:

"Attached housing" means any residential building or structure that shares a common wall with another building or structure.

"Multiple dwelling" means the same as that term is defined in section 3 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-3).

2. a. Each multiple dwelling shall be inspected for compliance with the fire wall installation requirement of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) at the time of an inspection conducted pursuant to section 13 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-13). The commissioner shall have the power to enforce the corrections of any violations found pursuant to an inspection conducted pursuant to this subsection in accordance with the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).

b. (1) An enforcing agency shall inspect each attached housing for compliance with the fire wall installation requirement of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) at least once every five years.

(2) The local governing body having jurisdiction over the enforcing agency or, if the Department of Community Affairs is the enforcing agency, the Commissioner of Community Affairs, may establish a fee which covers the cost of an inspection pursuant to paragraph (1) of this subsection and of issuance of a certificate evidencing compliance with the fire wall installation requirement of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); provided, however, that the fee authorized shall not exceed the costs of inspection and issuance of a certificate.

(3) An owner found to be in violation of the fire wall installation requirement of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a penalty not greater than a penalty that may be levied under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this paragraph.

3. This act shall take effect on the first day of the sixth month next following the date of enactment, except the commissioner may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill would require that fire barriers with a fire-resistance rating of not less than three hours be installed in the cocklofts of multiple dwellings and attached housing between adjoining dwelling units or building sections. The recent fire that destroyed much of a large apartment building in Edgewater and displaced about 1,000 people showed the need to bolster fire safety requirements to slow the spread of fires in such types of housing. Requiring that fire barriers be installed in common area lofts, attics, and cocklofts would be critical to helping limit the spread of fires among adjoining residences and to protecting public safety.

Multiple dwellings and attached housing would be inspected for compliance with this fire barrier installation requirement at least once every five years.