S1285

An Act requiring installation of fuel gas sensor devices in certain residential structures and amending P.L.1999, c.15 and P.L.1975, c.217.

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

1. Section 1 of P.L.1999, c.15 (C.52:27D-133.3) is amended to read as follows:

1. a. In any case in which a change of occupancy of any dwelling unit in a building with fewer than three dwelling units is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises, no such certificate shall issue until the officer or agency responsible for its issuance has determined that:

(1) the dwelling unit is equipped with one or more carbon monoxide sensor devices and one or more fuel gas sensor devices, or one or more devices that serve both functions; or

(2) that there is no need to equip the dwelling unit with either a carbon monoxide sensor device or a fuel gas sensor device because there is no potential carbon monoxide hazard or fuel gas hazard in the dwelling unit.

Any [such] determination made pursuant to paragraph (1) or (2) of this subsection shall be made in accordance with rules adopted by the Commissioner of Community Affairs.

b. In the case of an initial occupancy or a change of occupancy of any dwelling unit in a building with fewer than three dwelling units to which the provisions of subsection a. of this section do not apply, no owner shall sell, lease, or otherwise permit occupancy for residential purposes of that dwelling unit without first obtaining from the relevant enforcing agency under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) a certificate indicating:

(1) the dwelling unit is equipped with one or more carbon monoxide sensor devices and one or more fuel gas sensor devices, or one or more devices that serve both functions; or

Any [such] determination made pursuant to paragraph (1) or (2) of this subsection shall be made in accordance with rules adopted by the Commissioner of Community Affairs.

c. The local governing body having jurisdiction over the enforcing agency or, where the Division of Fire Safety is the enforcing agency, the Commissioner of Community Affairs, may establish a fee which covers the cost of inspection and of issuance of the certificate; however, if an inspection is being made and a certificate is being issued evidencing compliance with section 2 of P.L.1991, c.92 (C.52:27D-198.2), the fee authorized therein shall cover the costs of complying with this section.

d. For the purposes of this section:

"Carbon monoxide sensor device" means a carbon monoxide alarm or detector that bears the label of a nationally recognized testing laboratory, and has been tested and listed as complying with the most recent Underwriters Laboratories standard 2034 or its equivalent.

"Dwelling unit" means a structure, or a room or group of rooms within a structure, used or intended for use, in whole or in part, for residential purposes.

"Fuel gas sensor device" means a gas alarm or detector that bears the label of a nationally recognized testing laboratory, and has been tested and listed as complying with the most recent Underwriters Laboratories Standard 2075 for Gas and Vapor Detectors or Standard 1484 for Fuel Gas Alarms, or any successors thereto, unless superseded by rules adopted by the Commissioner of Community Affairs. The installation, location, and number of fuel gas sensor devices shall conform to the provisions of the current National Fire Protection Association (NFPA) 715, Standard for the Installation of Fuel Gases Detection and Warning Equipment, and any rules promulgated by the Commissioner of Community Affairs; provided, however, that such rules shall not exceed the requirements of NFPA 715 with respect to the number, placement, or other locational requirements of such devices.

e An owner who sells, leases or otherwise permits occupancy of a dwelling unit without complying with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the local enforcing agency by summary proceedings pursuant to ["The Penalty] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The provisions of this subsection shall not apply to noncompliance with the provisions of this section concerning fuel gas sensor devices.

f. This section shall become operative on the 61st day after enactment of P.L.2003, c.44 (C.52:27D-133.5 et al.).

(cf: P.L.2003, c.44, s.1)

2. Section 2 of P.L.1999, c.15 (C.55:13A-7.17) is amended to read as follows:

2. a. For the purposes of this section:

"Carbon monoxide sensor device" and "fuel gas sensor device" mean the same as those terms are defined in subsection d. of section 1 of P.L.1999, c.15 (C.52:27D-133.3).

b. Every unit of dwelling space in a hotel and multiple dwelling shall be equipped with one or more carbon monoxide sensor devices [that bear the label of a nationally recognized testing laboratory and have been tested and listed as complying with the most recent Underwriters Laboratories standard 2034, or its equivalent,] unless it is determined that no potential carbon monoxide hazard exists for that unit. Any such installation or determination shall be made in accordance with the rules promulgated by the Commissioner of Community Affairs.

c. (1) Every unit of dwelling space in a hotel or multiple dwelling, including any rental apartment, shall be subject to inspection by the municipal fire official or fire subcode official, as the local enforcing agency under the Uniform Fire Code, upon a change in occupancy or, for units of dwelling space that change occupancy more than once per year, in accordance with the regular inspection schedule for the unit.

(2) At the time of an inspection pursuant to this subsection, the enforcing agency shall determine whether the existing smoke detectors and carbon monoxide sensor devices within the dwelling unit require replacement due to age, battery life, or other functional deficiencies. Upon such a finding, the enforcing agency shall require the immediate repair or replacement of the smoke detector or carbon monoxide sensor device.

(3) Upon the first inspection of a dwelling unit pursuant to this section, the enforcing agency shall require the installation of one or more fuel gas sensor devices within the dwelling unit. Upon any subsequent inspection, the enforcing agency shall determine whether any existing fuel gas sensor devices within the dwelling unit require replacement due to age, battery life, or other functional deficiencies. Upon such a finding, the enforcing agency shall require the immediate repair or replacement of any deficient fuel gas sensor devices.

(4) Notwithstanding paragraph (3) of this subsection, if the enforcing agency determines that existing smoke detectors and carbon monoxide sensor devices have sufficient remaining battery life and functional integrity to pass inspection upon the first inspection of a dwelling unit pursuant to this section, the installation of fuel gas sensor devices may be deferred until the next required inspection; provided, however, that under no circumstances shall the installation of one or more fuel gas sensor devices be deferred beyond the second inspection following the effective date of P.L. , c. (pending before the Legislature as this bill).

d. Any individual device that functions as both a carbon monoxide sensor device and a fuel gas sensor device shall satisfy the requirements of this section.

(cf: P.L.1999, c.15, s.2)

3. Section 3 of P.L.1999, c.15 (C.55:13B-6.1) is amended to read as follows:

3. a. For the purposes of this section:

"Carbon monoxide sensor device" and "fuel gas sensor device" mean the same as each term is defined in subsection d. of section 1 of P.L.1999, c.15 (C.52:27D-133.3).

b. Every unit of dwelling space in a rooming or boarding house shall be equipped with one or more carbon monoxide sensor devices [that bear the label of a nationally recognized testing laboratory and have been tested and listed as complying with the most recent Underwriters Laboratories standard 2034, or its equivalent,] unless it is determined that no potential carbon monoxide hazard exists for that unit. Any such installation or determination shall be made in accordance with the rules promulgated by the Commissioner of Community Affairs.

c. (1) Every unit of dwelling space in a rooming or boarding house shall be subject to inspection by the municipal fire official or fire subcode official, as the local enforcing agency under the Uniform Fire Code, upon a change in occupancy or, for units of dwelling space that change occupancy more than once per year, in accordance with the regular inspection schedule for the unit.

d. Any individual device that functions as both a carbon monoxide sensor device and a fuel gas sensor device shall satisfy the requirements of this section.

(cf: P.L.1999, c.15, s.3)

4. Section 6 of P.L.1975, c.217 (C.52:27D-124) is amended to read as follows:

6. The commissioner shall have all the powers necessary or convenient to effectuate the purposes of P.L.1975, c.217 (C.52:27D-119 et seq.), including, but not limited to, the following powers in addition to all others granted by P.L.1975, c.217 (C.52:27D-119 et seq.):

a. To adopt, amend and repeal, after consultation with the code advisory board, rules: (1) relating to the administration and enforcement of P.L.1975, c.217 (C.52:27D-119 et seq.) and (2) the qualifications or licensing, or both, of all persons employed by enforcing agencies of the State to enforce P.L.1975, c.217 (C.52:27D-119 et seq.) or the code, except that, plumbing inspectors shall be subject to the rules adopted by the commissioner only insofar as such rules are compatible with such rules and regulations, regarding health and plumbing for public and private buildings, as may be promulgated by the Public Health Council in accordance with Title 26 of the Revised Statutes.

b. To enter into agreements with federal and State of New Jersey agencies, after consultation with the code advisory board, to provide insofar as practicable (1) single-agency review of construction plans and inspection of construction and (2) intergovernmental acceptance of such review and inspection to avoid unnecessary duplication of effort and fees. The commissioner shall have the power to enter into such agreements although the federal standards are not identical with State standards; provided that the same basic objectives are met. The commissioner shall have the power through such agreements to bind the State of New Jersey and all governmental entities deriving authority therefrom.

c. To take testimony and hold hearings relating to any aspect of or matter relating to the administration or enforcement of P.L.1975, c.217 (C.52:27D-119 et seq.), including but not limited to prospective interpretation of the code so as to resolve inconsistent or conflicting code interpretations, and, in connection therewith, issue subpoenas to compel the attendance of witnesses and the production of evidence. The commissioner may designate one or more hearing examiners to hold public hearings and report on such hearings to the commissioner.

d. To encourage, support or conduct, after consultation with the code advisory board, educational and training programs for employees, agents and inspectors of enforcing agencies, either through the Department of Community Affairs or in cooperation with other departments of State government, enforcing agencies, educational institutions, or associations of code officials.

e. To study the effect of P.L.1975, c.217 (C.52:27D-119 et seq.) and the code to ascertain their effect upon the cost of building construction and maintenance, and the effectiveness of their provisions for insuring the health, safety, and welfare of the people of the State of New Jersey.

f. To make, establish and amend, after consultation with the code advisory board, such rules as may be necessary, desirable or proper to carry out his powers and duties under P.L.1975, c.217 (C.52:27D-119 et seq.).

g. To adopt, amend, and repeal rules and regulations providing for the charging of and setting the amount of fees for the following code enforcement services, licenses or approvals performed or issued by the department, pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.):

(1) Plan review, construction permits, certificates of occupancy, demolition permits, moving of building permits, elevator permits and sign permits; and

(2) Review of applications for and the issuance of licenses certifying an individual's qualifications to act as a construction code official, subcode official or assistant under P.L.1975, c.217 (C.52:27D-119 et seq.).

(3) (Deleted by amendment, P.L.1983, c.338)

h. To adopt, amend and repeal rules and regulations providing for the charging of and setting the amount of construction permit surcharge fees to be collected by the enforcing agency and remitted to the department to support those activities which may be undertaken with moneys credited to the Uniform Construction Code Revolving Fund.

i. To adopt, amend and repeal rules and regulations providing for:

(1) Setting the amount of and the charging of fees to be paid to the department by a private agency for the review of applications for and the issuance of approvals authorizing a private agency to act as an on-site inspection and plan review agency, a private on-site inspection agency, including a supplemental private on-site inspection agency, or an in-plant inspection agency;

(2) (Deleted by amendment, P.L.2005, c.212)

(3) (Deleted by amendment, P.L.2005, c.212)

j. To enforce and administer the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and the code promulgated thereunder, and to prosecute or cause to be prosecuted violators of the provisions of that act or the code promulgated thereunder in administrative hearings and in civil proceedings in State and local courts.

k. To monitor the compliance of local enforcing agencies with the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), to order corrective action, or issue penalties, as may be necessary where a local enforcing agency is found to be failing to carry out its responsibilities under that act, to supplant or replace the local enforcing agency for a specific project, and to order it dissolved and replaced by the department where the local enforcing agency repeatedly or habitually fails to enforce the provisions of the "State Uniform Construction Code Act." This shall include the power to compel an enforcing agency to, within 15 business days, notify the department of any instance where the enforcing agency is unable to meet a deadline or other obligation imposed by law or regulation, and the power to order corrective action or issue penalties as may be necessary where an enforcing agency is unable to meet its obligations under P.L.1975, c.217 (C.52:27D-119 et seq.).

l. To adopt, amend, and repeal rules and regulations implementing the provisions of P.L.1999, c.15, P.L.2003, c.44, and section 1 of P.L.2015, c.146 (C.52:27D-123f) concerning the installation and maintenance of carbon monoxide sensors and fuel gas sensor devices.

(cf: P.L.2022, c.139, s.1)

5. This act shall take effect on the 180th day next following enactment.

STATEMENT

The bill requires the installation of fuel gas sensor devices, as defined in the bill, in certain residential dwelling units and hotels, including those dwelling units:

(1) in a building with fewer than three dwelling units requiring a certificate of occupancy or upon the sale, lease, or other permit of occupancy;

(2) subject to the “Hotel and Multiple Dwelling Law;” and

(3) in rooming and boarding houses.

Under the bill, dwelling units subject to the “Hotel and Multiple Dwelling Law” as well as dwelling units in rooming or boarding houses would be subject to certain inspections by the local code enforcing agency under the Uniform Fire Code, as specified in the bill. A local enforcing agency that finds any deficient smoke detectors or carbon monoxide sensor device is to require the immediate repair or replacement of the device.

Upon the first inspection of a dwelling unit following the effective date of the bill, the local enforcing agency is to require the installation of one or more fuel gas sensor devices and include such devices in subsequent inspections. However, the installation of fuel gas sensor devices may be deferred to the second required inspection if the local enforcing agency determines that existing smoke detectors and carbon monoxide sensor devices have sufficient remaining battery life and functional integrity upon the first change-in-occupancy inspection required by the bill.

An individual device that functions as both a carbon monoxide sensor device and a fuel gas sensor device would satisfy the requirements of the bill.

In response to multiple incidents involving explosions by in-home fuel gas leaks causing loss of life, bodily injury, and property damage in the State, as well as due to aging infrastructure on the State’s residential housing stock, it is in the public interest to adopt measures to support the phased and orderly deployment of standalone or integrated fuel gas leak detection technology in residential settings as a means to improve public safety and reduce the risk of future fuel gas-related incidents.