S3516

An Act concerning the testing of smoke control systems in certain 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. P.L. , c. (C. ) (pending before the Legislature as this bill), shall be known and may be cited as the “Smoke Control System Act.”

2. The Legislature finds and declares that:

a. Studies have shown that most fire deaths are not caused by burns but instead by smoke inhalation. In addition to being toxic, smoke obstructs light and limits visibility, which in turn increases the time it takes a building’s occupants to get to safety.

b. In the event of a fire, smoke control systems can help a building’s occupants avoid smoke when evacuating a building.

c. Without periodic testing as required by applicable industry codes and standards, faulty and inoperable smoke control systems are likely to exist in New Jersey buildings.

d. The absence of testing of smoke control systems creates serious imminent risks to public safety and is detrimental to the health and welfare of the citizens of New Jersey.

e. New Jersey does not currently require that smoke control systems be subject to a routine maintenance and operational testing program, nor establish any minimum standards for such maintenance and operational testing.

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

“ANSI” means the American National Standards Institute.

“Approved skill training program” or “program” means an apprenticeship training program that is registered with and approved by the United States Department of Labor or a State apprenticeship agency involving at least 8,000 hours of documented practical experience in the installation, maintenance, and servicing of HVAC systems and providing both apprenticeship training and training to upgrade skills of journey persons in the skills of the HVAC industry, including those relating to fire safety equipment.

“Department” means the Department of Community Affairs.

"Enforcing agency" means the department, a municipal or county department or agency, or a fire district which has been authorized by municipal ordinance to enforce the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.).

“FLS” means the “Fire and Life Safety Ecosystem” standards published by the NFPA.

“HVAC” means heating, ventilation, and air conditioning.

“ICB” means International Certification Board.

“IFC” means the most recent “International Fire Code,” published by the International Code Council.

“NFPA” means National Fire Protection Association.

“Smoke control system” means a system that helps contain, minimize, or reroute the flow of smoke through a building which also helps create safer egress routes for building occupants and emergency response teams. “Active smoke control system” means a smoke control system that uses mechanical equipment to help control the spread of smoke, including smoke exhaust or evacuation systems. “Passive smoke control system” means a smoke control system that does not require mechanical systems and include partitions and barriers to redirect smoke.

“Smoke control system testing” means testing and inspection activities, including all physical, visual and operational tests, necessary to ensure the proper functioning of smoke control systems, as required by the IFC, NFPA 80, NFPA 92 and applicable engineering specifications, including all equipment such as initiating devices, fans, smoke and fire dampers, controls, doors and windows.

“TABB” means Testing, Adjusting and Balancing Bureau of the International Certification Board.

4. a. In buildings other than single-family, two-family, and attached single-family structures used exclusively for dwelling purposes, a building owner shall subject a newly-installed smoke control system to smoke control system testing no less frequently than as follows:

(1) active smoke control systems shall be subject to smoke control system testing every six months; and

(2) passive smoke control systems shall be subject to smoke control system testing every 12 months.

b. Operational testing of the smoke control system shall include all equipment such as initiating devices, fans, dampers, controls, doors, and windows. Smoke control systems shall be tested under standby power conditions.

c. Smoke control systems shall be maintained and tested in accordance with the manufacturer’s instructions and shall be maintained to ensure to a reasonable degree that the system is capable of controlling smoke and fire for the duration required.

d. The Commissioner of Community Affairs shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52: 14B-1 et seq.), adopt such rules and regulations as may be necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill), including establishing routine maintenance and operational testing schedules. The rules and regulations of the commissioner shall permit inspections required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to be conducted as a part of inspections required pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), or other required inspections.

5. The owner of a building subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall adhere to the routine maintenance and operational testing schedule for the building, to commence immediately after the smoke control system has passed the acceptance tests. A building owner shall establish a written schedule for routine maintenance and operational testing pursuant to the testing schedule required pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. a. A contractor that provides smoke control system testing services shall hold an ICB, HVAC, FLS1 contractor certification, and an ICB, TABB contractor certification, or equivalent certifications from an organization that has been accredited by ANSI in HVAC FLS inspections.

b. A person performing smoke control system testing services shall:

(1) be employed by an enforcing agency or by a contractor certified in accordance with subsection a. of this section;

(2) have successfully completed an approved skill training program, as defined in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or be enrolled in an approved skill training program and be working under the supervision of a person having completed such a program; and

(3) hold a certification from the ICB as an HVAC FLS Technician, Level 2, or an equivalent certification from an organization that has been accredited by ANSI in HVAC FLS inspections.

7. a. In the event that a smoke control system passes the required testing required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the contractor performing the tests shall issue the building owner a “certificate of operation.” The certificate shall contain the address of the building, locations of equipment tested, the names of the contractor and technician performing the tests, and the date of the tests; and

b. In the event that a smoke control system does not pass the required testing required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the contractor performing the tests shall notify the building owner, who shall have 30 days to have the equipment corrected and re-tested.

c. A written record of smoke control system testing and maintenance shall be maintained on the premises. The written record shall include the date of the maintenance, identification of the servicing personnel, and notification of any unsatisfactory condition and the corrective action taken, including parts replaced.

8. a. Building owners shall submit copies of all valid operation certificates to the department showing they are in compliance with the testing requirements of P.L. , c. (C. ) (pending before the Legislature as this bill) within 30 days of obtaining the certificate. The department shall commence enforcement actions, pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), for any instance of non-compliance and review compliance when conducting investigations of buildings for other reasons.

b. When the department or local enforcing agency acting pursuant to department regulations conducts the annual fire inspection of any building that is subject to P.L. , c. (C. ) (pending before the Legislature as this bill), it shall inspect the building owner’s smoke control system certificate of operation to ensure it complies with the requirements of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and commence enforcement actions if the department or local enforcing agency finds any violations. A local enforcing agency that discovers a building owner’s non-compliance shall report this non-compliance to the department.

9. a. A person who violates any provision of P.L. , c. (C. ) (pending before the Legislature as this bill) or the technical codes or regulations adopted thereunder, or who shall erect, construct, install, remove, alter or repair a structure, mechanical equipment or system in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of P.L. , c . (C. ) (pending before the Legislature as this bill), or the technical codes shall be fined an amount to be determined by the Commissioner of Community Affairs pursuant to the authority pursuant to section 2 of P.L.1991, c.489 (C.52:27D-198.5). A fine imposed pursuant to this section shall be at least $150 for each offense. Each day of non-compliance shall constitute a separate violation for which a separate fine shall be assessed.

b. The penalty established pursuant to subsection a. of this section shall be sued for and recovered by the Commissioner of Community Affairs or the enforcing agency, as applicable, in a civil action by a summary proceeding under “The Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.) in the Superior Court or municipal court.

10. This act shall take effect immediately.

STATEMENT

This bill establishes the “Smoke Control System Act.” The bill defines a smoke control system as a system that helps contain, minimize, or reroute the flow of smoke through a building which also helps create safer egress routes for building occupants and emergency response teams. The bill differentiates between active and passive smoke control systems, with active systems depending upon mechanical equipment to help control the spread of smoke.

Under the bill, a newly-installed smoke control system in buildings other than single-family, two-family, and attached single-family structures used exclusively for dwelling purposes, would be subject to smoke control system testing as follows:

• active smoke control systems will be subject to smoke control system testing every six months; and

• passive smoke control systems will be subject to smoke control system testing every 12 months.

Operational testing of the smoke control system includes all equipment such as initiating devices, fans, dampers, controls, doors and windows. Smoke control systems would be tested under standby power conditions.

The bill provides that smoke control systems are to be maintained and tested in accordance with the manufacturer’s instructions and maintained to ensure to a reasonable degree that the system is capable of controlling smoke and fire for the duration required.

Under the bill, a contractor that provides smoke control system testing services is required to hold certain certifications, as specified in the bill.

A person performing smoke control system testing services is required to:

• be employed by a certified contractor or an enforcing agency;

• have successfully completed an approved skill training program or be enrolled in an approved skill training program and be working under the supervision of a person having completed such a program; and

• hold a certification from the ICB as an HVAC FLS Technician, Level 2, or an equivalent certification from an organization that has been accredited by ANSI in HVAC FLS inspections.

The bill establishes processes for certifying buildings tested under the bill, and subjects building owners to certain penalties for violations.