Bill Text: NJ A5414 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns evaluation and abatement of mold hazards in common areas of certain residential developments.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-05-08 - Introduced, Referred to Assembly Housing Committee [A5414 Detail]
Download: New_Jersey-2022-A5414-Introduced.html
Sponsored by:
Assemblywoman BETHANNE MCCARTHY PATRICK
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblymen McClellan, Catalano, Auth, Clifton and Rooney
SYNOPSIS
Concerns evaluation and abatement of mold hazards in common areas of certain residential developments.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mold hazards in certain residential common areas and supplementing chapter 13A of Title 55 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Bureau" means the Bureau of Housing Inspection in the Department of Community Affairs.
"Commissioner" means the Commissioner of Community Affairs.
"Common area" means an area that may be utilized by either occupants of a community development or the general public, or both, including, but not limited to, a vestibule, hallway, stairway, landing, common space, or an occupiable room or space that is not part of a dwelling unit. A "common area" includes any area accessible to the owner or manager or any person employed in the maintenance of the building that is not part of any dwelling unit.
"Community development" means a mobile home park, a "multiple dwelling," as defined in paragraph (k) of section 3 of P.L.1967, c.76 (C.55:13A-3), or a "planned real estate development," as defined in subsection h. of section 3 of P.L.1977, c.419 (C.45:22A-23).
"Hazardous presence of mold" means the visible or detectable presence of mold growing on interior surfaces or in ventilation ducts, in such amounts as to raise concerns for the health of the occupants of the space, in accordance with standards promulgated by the commissioner pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Mobile home park" means a parcel of land, or two or more contiguous parcels of land, containing at least 10 sites equipped for the installation of mobile or manufactured homes that are under common ownership and control for the purpose of leasing each site to the owner of a mobile or manufactured home for the installation thereof, and where the owner provides services, which are provided by the municipality in which the park is located for property owners outside the park, which services may include, but shall not be limited to: construction and maintenance of streets, lighting of streets and other common areas, garbage removal, snow removal, and provision for the drainage of surface water from home sites and common areas.
"Mold" means any form of multicellular fungi that lives on plant or animal matter and in indoor or outdoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, Mucor, and Stachybotrys Chartarum, often found in water-damaged building materials.
2. a. On or before the first day of the seventh month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner, in consultation with the Department of Health, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that establish:
(1) procedures for the inspection, identification, evaluation, and abatement of the interior of common areas of community developments for hazardous presences of mold based upon, but not limited to, industry standards and standards and guidelines developed by the United States Environmental Protection Agency;
(2) procedures to permit a resident of a community development to request an evaluation of one or more common areas of the community development in which the resident lives, to determine whether a hazardous presence of mold exists; and
(3) standards for the collection of fees for the provision of mold inspection, identification, evaluation, and abatement services.
b. The rules and regulations of the commissioner shall provide that the department shall first afford the owner or association, as the case may be, of a community development a reasonable period of time to perform, directly or through third party vendors, inspection, identification, evaluation, and abatement services of any alleged hazardous presence of mold. If the owner or association acts to investigate within the reasonable period of time, it shall do so in accordance with procedures established by the commissioner, in consultation with the Department of Health, and shall provide the bureau with a report of the owner's or association's activities. If the person charged with managing and administering a community development fails to act within the reasonable period of time, afforded pursuant to this subsection, the inspection, identification, and evaluation shall be conducted by the bureau, unless the commissioner enters a written agreement with a local board of health, county health department, or other qualified public or private entity, to conduct these services, or portions of these services, in place of the bureau. The rules and regulations of the commissioner shall provide guidance for what shall constitute a reasonable period of time for inspection, identification, evaluation, and reporting of a hazardous presence of mold.
c. A fee collected pursuant
to paragraph (3) of subsection a. of this section shall not exceed the
reasonable costs of the services provided, and shall be charged to the owner or
association, as applicable, of the community development. A fee shall not be
charged to a resident for requesting the test.
3. a. The bureau shall, upon receipt of an inspection request by a resident of a community development, provide the owner or association with a reasonable opportunity to, directly or through the use of a vendor, inspect and evaluate one or more common areas of the community development, to determine whether a hazardous presence of mold exists. If the owner or association acts in accordance with this subsection, it shall provide a report of the findings to the bureau, in the form and manner required by the bureau. An owner or association that, upon inspection, investigation, and evaluation, identifies a hazardous presence of mold in a common area may act to remediate the mold without any approval or authorization of the bureau, provided that the remediation is conducted in accordance with procedures established by the commissioner. If the owner or association fails to act to inspect, investigate, and evaluate the alleged hazardous mold, the bureau shall timely conduct the inspection, investigation, and evaluation. After inspection, investigation, and evaluation, if the owner, association, or bureau, as the case may be, determines that a hazardous presence of mold does not exist, the bureau shall not be required to respond to an inspection request for the same common area if the request is submitted during the subsequent 12 months from the date of determination. If the bureau identifies that a hazardous presence of mold exists in a common area, the bureau shall provide the owner or association of the community development, as applicable, with one or more reasonable options for abating the mold, and shall provide the owner or association with a reasonable amount of time to respond, by informing the bureau of a preferred abatement option. The bureau shall permit the owner or association to abate a hazardous presence of mold without the bureau's assistance. However, if the owner or association abates a hazardous presence of mold without the bureau's assistance, the owner or association shall provide the bureau with a post abatement report, in the form and manner required by the bureau. If the owner or association fails to provide a report required pursuant to this subsection, the owner or association shall permit the bureau to conduct a post-abatement inspection to ensure that the hazardous presence of mold has been successfully abated.
b. If an owner or association does not respond to the bureau in a reasonable period of time, indicating a preferred abatement option after identification of a hazardous presence of mold pursuant to subsection a. of this section, then the bureau may proceed with abatement of the hazardous presence of mold. Before acting to abate the hazardous presence of mold, the bureau shall notify the owner or association of the time and date when the abatement shall occur, and shall provide the owner or association with no less than three business days' notice. An owner or association shall not obstruct mold abatement actions as provided for in P.L. , c. (C. ) (pending before the Legislature as this bill), such as by denying access to the affected common area. The owner or association, as the case may be, shall have the right to appeal any determination that a hazardous presence of mold exists or any proposed abatement options of the bureau, or both, to the Superior Court.
c. If an owner or association refuses to pay a fee charged pursuant to paragraph (3) of subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), then the bureau may enforce the collection of the fee as a penalty in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
4. This act shall take effect on the first day of the seventh month next following enactment. However, the commissioner shall take such anticipatory administrative action in advance as may be necessary for the implementation of this act.
STATEMENT
This bill requires the evaluation of a common areas of a community development, on the request of a resident of the development, and requires abatement if a hazardous presence of mold is identified. The bill defines a "community development" as a mobile home park, a "multiple dwelling," as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), or a "planned real estate development," a term defined in "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.) to encompass condominiums, homeowners' associations, and cooperatives.
The bill would require the Bureau of Housing Inspection (bureau) in the Department of Community Affairs, upon receipt of an inspection request by a resident of a community development, to provide the associated property owner or association with a reasonable opportunity to inspect, investigate, and evaluate one or more common areas of the community development, to determine whether a hazardous presence of mold exists. The bill requires the association to provide a report of its findings to the bureau, and remediate if necessary based on guidance provided by the Commissioner of Community Affairs, in consultation with the Department of Health. If the owner or association fails to inspect, investigate, or evaluate an alleged hazardous presence of mold, then the bureau would be required to do so. After inspection, investigation, and evaluation, if the bureau determines that a hazardous presence of mold does not exist, the bureau would not be required to respond to an inspection request for the same common area during the following year. If the bureau identifies that a hazardous presence of mold does exist, the bureau would provide the owner or association of the community development with one or more reasonable options for abating the mold, with or without the bureau's assistance. The bureau would provide the owner or association with a reasonable amount of time to respond, by informing the bureau of a preferred abatement option. If the owner or association abates the mold without the bureau's assistance, the bill requires the owner or association to provide a post-abatement report to the bureau, or, in lieu of providing the report, permit the bureau to conduct a post-abatement inspection to ensure that the mold abatement was successful.
If an owner or association does not respond to the bureau, indicating a preferred abatement option after identification of a hazardous presence of mold, then the bureau would have the authority to notify the owner or association of a time and date for the abatement, and provide three business days' notice. The bill prohibits an owner or association from obstructing mold abatement actions under the bill, such as by denying access. Owners and associations would be able to appeal bureau mold determinations and abatement options in court.
If an owner or association refuses to pay a fee charged pursuant to the bill, then the bureau would be authorized to enforce the collection of the fee as a penalty in a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
The bill would require the Commissioner of Community Affairs, in consultation with the Department of Health, to adopt rules and regulations to effectuate the provisions of the bill by the first day of the seventh month following the bill's enactment. The bill requires the rules and regulations of the commissioner to include:
1) procedures for the inspection, identification, evaluation, and abatement of the interior of common areas for mold based upon industry standards and standards and guidelines developed by the United States Environmental Protection Agency;
2) procedures to permit a resident of a community development to request an evaluation of one or more common areas; and
3) standards for the collection of fees for the provision of mold inspection, identification, evaluation, and abatement services.
The bill would take effect on the first day of the seventh month next following enactment.
