S3213

An Act concerning new townhouse fire safety 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. This act shall be known, and may be cited and referred to, as the “New Townhouse Fire Safety Act.”

2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Fire suppression system” means an engineered or pre-engineered system that suppresses a fire using an extinguishing agent distributed through fixed piping and nozzles that are activated either manually or automatically. The system may include containers, nozzles, controls, automatic detection, manual releases, equipment shut downs, fire suppression stand-pipes, and alarms. In such systems, an extinguishing agent is discharged through fixed pipes and nozzles into or over a potential fire hazard.

“Townhouse” means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.

3. a. On or before the first day of the seventh month next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall revise the building subcode of the code to require the installation of a fire suppression system in a new townhouse pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The revision shall require that such fire suppression systems comply with subchapter 10 of chapter 10 of Title 7 of the New Jersey Administrative Code regarding Physical Connections and Cross Connection Control by Containment, or any successor regulations, and shall require the installation of separate shut-off valves and a meter for measuring water usage dedicated to fire suppression.

b. A construction permit application for a new townhouse subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be declared complete without provision for the installation of a fire suppression system in accordance with the requirements of that act, and the code revisions and any regulations adopted pursuant thereto.

c. A fire suppression system required to be installed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be installed by a certified fire protection contractor authorized to install such systems pursuant to P.L.2001, c.289 (C.52:27D-25n et seq.), and any regulations adopted pursuant thereto.

4. The commissioner shall establish a process for homeowners in Superstorm Sandy-impacted counties to petition the department for relief from the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill). Relief may be granted by the department for reasons of hardship, which may include financial or other circumstances that would make compliance with P.L. , c. (C. ) (pending before the Legislature as this bill) significantly impractical. A waiver under this section shall not be available beyond the first three years next following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).

For the purposes of this section, “Superstorm Sandy-impacted counties” means Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean, and Union counties.

5. This act shall take effect immediately and shall be first applicable to a newly constructed townhouse for which the construction permit application is submitted to an enforcing agency on or after the first day of the seventh month next following the date of enactment, and section 4 shall expire as of the first day of the 37^th month next following the date of enactment.

STATEMENT

This bill, entitled the “New Townhouse Fire Safety Act,” would require the installation of a fire suppression system in a new townhouse during the home’s construction. Equipping new townhouses with fire suppression systems would provide protection for the residents of these homes and for firefighters.

The bill would require the Commissioner of Community Affairs to revise the State Uniform Construction Code to require: (1) the installation of fire suppression systems in new townhouses; (2) these systems to comply with State administrative regulations regarding physical connections and cross connection control; and (3) the installation of separate shut-off valves and a meter for measuring water usage dedicated to fire suppression. The bill requires the commissioner to adopt these code revisions by the first day of the seventh month next following the date of enactment.

These requirements would only apply to a townhouse that is to be newly constructed and for which a construction permit application is submitted to an enforcing agency on or after the first day of the seventh month next following the date of enactment. Accordingly, new townhouses that are the subject of construction permit applications submitted prior to this date would not be subject to the provisions of the bill. A construction permit application for a townhouse subject to the bill would not be deemed complete unless the application provides for the installation of a fire suppression system in accordance with the provisions of the bill.

A fire suppression system required to be installed pursuant to the bill would have to be installed by a certified fire protection contractor authorized to install such systems pursuant to P.L.2001, c.289 (C.52:27D-25n et seq.), and any implementing regulations.

Under the bill, residents of Superstorm Sandy-impacted counties may petition the Department of Community Affairs for relief from the requirements of the bill. The department may grant such relief for reasons of hardship, which may include financial or other circumstances that would make compliance with the bill’s requirements significantly impractical. This waiver would no longer be available three years following the date of enactment.