A4738

An Act concerning certain light frame residential construction and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

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

1. a. A residential use structure with habitable space more than 25 feet above grade plane, may only be constructed utilizing light frame construction if the following requirements are satisfied:

(1) Each separation wall shall be constructed of noncombustible materials, and shall be constructed as a fire barrier with a fire-resistance rating of at least two hours and in accordance with all other requirements for fire barriers under the code.

(2) Each horizontal separation shall be constructed of noncombustible materials, and shall be constructed as a horizontal assembly with a fire-resistance rating of at least two hours and in accordance with all other requirements for horizontal assemblies under the code.

(3) Each load bearing wall shall meet all structural design requirements under the code without the use of sheathing.

(4) Each fire wall shall be constructed of noncombustible materials, shall not be adversely affected by moisture, and shall be capable of passing the hose stream test in accordance with the code.

(5) The structure shall not have more than three stories, and shall not exceed 60 feet above grade plane, if any wood framing of the structure is exposed.

(6) (a) The structure shall not exceed 7,000 square feet in area per story if any wood framing of the structure is exposed.

(b) The structure shall not exceed 12,000 square feet in area per story if the wood framing of the structure is not exposed.

(7) An automatic sprinkler system shall be installed throughout the structure in accordance with the requirements of National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems.

(8) A horizontal assembly shall not be considered to create separate and distinct structures for the purposes of determining area limitations, continuity of fire walls, limitation of number of stories, and type of construction as provided under this subsection and the code, if the structure has five or more dwelling units.

b. The commissioner shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt regulations necessary to effectuate the provisions of this section, and shall revise the code accordingly.

c. As used in this section:

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons living as a single housekeeping unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Fire barrier” means a fire-resistance rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained.

“Fire wall” means a fire-resistance rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.

“Horizontal assembly” means a fire-resistance rated floor or roof assembly of materials designed to restrict the spread of fire in which continuity is maintained.

“Horizontal separation” means a floor assembly separating dwelling units in the same structure, a floor assembly separating sleeping units in the same structure, and a floor assembly separating dwelling or sleeping units from other occupancies contiguous to them in the same structure.

“Light frame construction” means a type or construction the vertical and horizontal structural elements of which are primarily formed by a system of repetitive wood framing members or that utilizes metal-plate-connected wood trusses, metal-plate-connected metal-web wood trusses, pin-end connected steel-web wood trusses, wooden I-joists, steel bar joists, solid-sawn wood joists, composite wood joists as floor or roof system structural elements, or load bearing elements made of combustible materials, including fire retardant treated wood.

“Residential use structure” means a hotel or multiple dwelling, as those terms are defined in section 3 of P.L.1967, c.76 (C.55:13A-3), or a boarding house or rooming house, as those terms are defined in section 3 of P.L.1979, c.496 (C.55:13B-3).

“Separation wall” means a wall separating dwelling units in the same structure, a wall separating sleeping units in the same structure, and a wall separating dwelling or sleeping units from other occupancies contiguous to them in the same structure.

“Sleeping unit” means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both, but does not include such a room or space that is also part of a dwelling unit.

2. This act shall take effect immediately.

STATEMENT

This bill would establish a number of limitations and standards for light frame construction of multiple dwellings, hotels, and rooming and boarding houses with habitable space more than 25 feet above grade plane. The massive fire that quickly spread through and destroyed much of a large light frame construction apartment building in Edgewater, and which displaced about 1,000 people, showed that the State’s construction code needs to be bolstered to improve fire safety. This bill would codify several sensible construction requirements to help limit the spread of fires in larger light frame construction residential buildings, to protect both residents and first responders.

Under the bill, the covered residential buildings may only be constructed utilizing light frame construction if: (1) the separation walls and horizontal separations are constructed of noncombustible materials and have a fire-resistance rating of at least two hours; (2) all load bearing walls meet certain structural design requirements without the use of sheathing; (3) the fire walls are resistant to moisture, and capable of passing the hose stream test in accordance with the code; (4) the building is limited to three stories, and does not exceed 60 feet above grade plane, if any wood framing of the structure is exposed; (5) the building is limited to 7,000 square feet in area per story if any wood framing of the structure is exposed, or, if no wood framing is exposed, the building is limited to 12,000 square feet in area per story; (6) an automatic sprinkler system is installed throughout the building in accordance with National Fire Protection Association (NFPA) 13; and (7) a horizontal assembly is not used to permit the stacking of separate buildings for purposes of exceeding the height, area, and other limitations of the bill and the code, if the structure has five or more dwelling units.