N.J. Legislative Update from Mike Pesce-March 2000

The following significant legislative issues have arisen or have heated up since my last writing.

CARBON MONOXIDE DETECTORS

On February 8, 1999, a new law was signed into law requiring the installation of carbon monoxide detectors in all residential homes in the State. This law provided for a short phase-in period, and it began being enforced in September, 1999. Its application is very broad. Simply put, it requires a carbon monoxide detector in every residential dwelling unit including single family detached homes. In most cases, one detector in the hallway accessing these bedrooms will do the trick. The only real exception in the law is for buildings where there is no source of carbon monoxide (eg., a unit with electric-only heat and hot water and no attached garage).

In one sense, this issue ought not concern a community association, as the installation is clearly the responsibility of each individual homeowner. However, the State Department of Community Affairs has begun looking for these CO detectors as part of their 5-year cyclical inspections of all community associations. If not present, a violation is issued in the name of the association. Accordingly, associations should consider beginning to educate their homeowners about this obligation, so that this is less of an issue at inspection time.

PROPANE GAS GRILLS
A recent change has taken place changing the way the State treats propane gas grills. By way of history, in 1992 the State Fire Prevention Code was amended to ban or limit the use of propane gas grills on porches, decks or balconies. The prohibition applied on all decks, as well as on patios, unless the grill was located at least 5 feet from a combustible wall and was not under an overhang. As a result, propane grills were prohibited on all decks and almost all patios. There was another exception, however, which was created by the New Jersey Department of Community Affairs (DCA), via interpretation, which exempted other associations from the ban. Specifically, the DCA, in the early 1990's, interpreted the prohibition to apply only to R2 and not R3 type constructed units. In simple terms, R3 units were built more akin to single family homes, with greater fire wall safety between units. As a practical matter, they were typically townhouse units, which were accessed via exterior entrances rather than thru common hallways. The prohibition did apply, however, to R2 constructed units, which were typically condo flats accessed via common hallways.

This all changed last summer. In a DCA decision concerning a community which we manage, the Department changed their mind, and interpreted the prohibition to apply to all association-style units, regardless of construction type. In an interpretive letter which I received today, John Monahan, of the DCA, writes as follows:

"It is the position of the Bureau of Housing Inspection and the Division of Fire Safety that N.J.A.C. 5:70-3.2(a)4, F-402.4 (formerly N.J.A.C. 5:18-3.3(h)3 applies to all buildings required to be registered as multiple dwellings pursuant to the Hotel and multiple Dwelling Act (N.J.S.A. 55:13A-1 et seq.)."

Thus, there is no longer, in the eyes of the DCA, an exception for R3 construction type units. As a result, associations which have previously permitted these grills based on this exception must take a fresh look at this issue.

UCIOA
The Uniform Common Interest Ownership Act (UCIOA) has been re-introduced in the Assembly in this new legislative session as A896. As most of you know, UCIOA would re-write most of the existing laws concerning community associations, modernize them, and put them all in one place. Unfortunately, UCIOA continues to be more controversial than anyone expected, and its passage is still problematic.

SPRINKLERS IN HIGH RISE BUILDINGS
Changes may be coming which would require the installation of fire sprinkler systems in all hi-rise structures in New Jersey. This proposal is an outgrowth of the Seton Hall fire tragedy. In an article in the Bergen Record on March 23, 2000, the New Jersey Fire Safety Commission noted that it is considering a new regulation requiring automatic fire sprinkler systems to be installed in all existing high-rise buildings. These are defined as buildings of at least 7 stories or 75 feet high. The current proposal would phase in this requirement over a 10-year period. If proposed by the Fire Safety Commission, it would then have to be formally adopted by the State Department of Community Affairs.




For more on legislative issues affecting New Jersey associations, see CAI's Legislative Update page.