Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
Permits municipality to exclude duplexes, and certain townhouses, in planned real estate development, from certain structural inspections.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning structural inspections in planned real estate developments, and supplementing and amending P.L.2023, c.214.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A municipality may, by ordinance of the governing body, exclude duplexes or small-row townhouses, or both, within the municipality’s boundaries from the structural inspection requirements established pursuant to section 3 of P.L.2023, c.214 (C.52:27D-132.4).
2. Section 2 of P.L.2023, c.214 (C.52:27D-132.3) is amended to read as follows:
2. As used in P.L.2023, c.214 (C.52:27D-132.2 et al.):
"Adequate" or "adequacy" means a sum of money, however invested or held by an association of a planned real estate development, that, in accordance with the professional standards applied by the reserve specialist, architect, or engineer performing or overseeing the study, is sufficient so that the balance in the association’s reserve fund, required pursuant to section 7 of P.L.2023, c.214 (C.45:22A-44.3), will not fall below zero dollars as set forth in the association’s 30-year funding plan, prepared as part of a reserve study, regardless of whether the reserve study was conducted within five years of the effective date of P.L.2023, c.214 (C.52:27D-132.2 et al.), or conducted pursuant to section 6 of P.L.2023, c.214 (C.45:22A-44.2).
"Balcony" means an extension of the interior living space of the building that extends outwards from the facade of a covered building and is exposed to the elements.
"Bureau" means the Bureau of Housing Inspection in the Department of Community Affairs.
"Corrective maintenance" means maintenance to be undertaken following the detection of deterioration of the primary load bearing system with the goal of remediating the condition reported by the structural inspector.
"Covered building" means a residential condominium or cooperative building that has a primary load bearing system that is comprised of a concrete, masonry, steel, or hybrid structure including, without limitation, heavy timber and a building with podium decks, but not including an excluded structure.
"Covered building owner" means the owner of a covered building, whose name appears of record with the county clerk or register, or the association of a common interest community.
"Duplex" means a building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which exactly two units of residential dwelling space are occupied, or are intended to be occupied by two households who live independently of each other.
"Excluded structure" means:
International Standardization Organization ISO Type 1 construction or frame-built construction with combustible walls or roofs, but not including a podium deck on which the frame-built construction is situated;
a building with ancillary elements that are not part of the primary load bearing system such as, but not limited to, elevator shafts or concrete, masonry, steel, or heavy timber that the primary load bearing system does not deliver a building's load to the foundation;
a building that is not a condominium or cooperative, and consists primarily of rental dwellings; [or]
a single-family dwelling; or
a duplex, or small-row townhouse, that has been excluded from the structural inspection requirements of section 3 of P.L.2023, c.214 (C.52:27D-132.4) due to the adoption of a municipal ordinance pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Podium deck" means a structural slab or deck that transfers applied loads from the structure above to the structure below.
"Primary load bearing system" means the assemblage of structural components within a building comprised of columns, beams, or bracing that by contiguous interconnection form a path by which external and internal forces applied to the building are delivered to the foundation. The foundation as well as any connected or attached balconies shall be included as part of the primary load bearing system evaluation.
"Single-family home" means a building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which exactly one unit of residential dwelling space is occupied, or intended to be occupied by one household.
"Small-row townhouse" means a dwelling unit intended for occupancy by one household, and constructed in a group of exactly three attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.
a construction official, as that term is used in section 8 of P.L.1975, c.217 (C.52:27D-126), who is also an engineer licensed by the State;
an employee of the bureau who is also an engineer licensed by the State; or
an engineer licensed by the State who has the same qualifications required of an engineer under contract with the enforcing agency with whom the covered building owner contracts to perform inspections of covered buildings under section 3 of P.L.2023, c.214 (C.52:27D-132.4).
(cf: P.L.2025, c.132, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill permits a municipality to exclude duplexes, and townhouses within rows of three townhouses, in planned real estate developments, from certain structural inspections.
The bill supplements and amends a recent enactment, P.L.2023, c.214, (C.52:27D-132.2 et al.), commonly known as the "structural integrity law," which imposed various requirements upon the associations of planned real estate developments, including requirements to ensure that "covered buildings" are provided with structural inspections at certain times.
The bill adjusts the definition of an "excluded structure" within the structural integrity law such that a duplex, or a townhouse within a row of three townhouses, may be excluded from the structural inspections ordinarily required by the law. The exclusion is to apply if the governing body of a municipality adopts an ordinance to establish the exclusion within its boundaries. The structural integrity law already excludes single-family homes from the law’s structural inspection requirements, without requiring municipal action.