Bill Text: NJ S852 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires explosive gas detectors to be installed in certain residential properties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-18 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S852 Detail]
Download: New_Jersey-2022-S852-Introduced.html
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Requires explosive gas detectors to be installed in certain residential properties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning explosive gas detectors in residential structures and amending P.L.1975, c.217 and P.L.1999, c.15.
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 explosive 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 an explosive gas sensor device, because there is no potential carbon monoxide hazard or explosive gas hazard in the dwelling unit.
(3) Any [such] determination under 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) that the dwelling unit is equipped with one or more carbon monoxide sensor devices and one or more explosive 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 an explosive gas sensor device, because there is no potential carbon monoxide hazard or explosive gas hazard in the dwelling unit.
(3) Any [such] determination under 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.
"Explosive gas sensor device" means an alarm device that complies with the applicable standards of the American National Standards Institute, or its successor, for residential devices for the detection of explosive quantities of methane and propane gases, unless such standards are superseded by rules adopted by the Commissioner of Community Affairs.
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.).
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. 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.
b. Every unit of dwelling space in a hotel and multiple dwelling shall be equipped with one or more explosive gas sensor devices that comply with the applicable standards of the American National Standards Institute, or its successor, for residential devices for the detection of explosive quantities of methane and propane gases, unless such standards are superseded by rules adopted by the Commissioner of Community Affairs and unless it is determined that no potential explosive gas hazard exists for that unit. Any such installation or determination shall be made in accordance with rules promulgated by the Commissioner of Community Affairs.
c. Any individual device that serves the functions of both a carbon monoxide sensor device and an explosive gas sensor device shall satisfy the purposes 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. 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.
b. Every unit of dwelling space in a rooming or boarding house shall be equipped with one or more explosive gas sensor devices that comply with the applicable standards of the American National Standards Institute, or its successor, for residential devices for the detection of explosive quantities of methane and propane gases, unless such standards are superseded by rules adopted by the Commissioner of Community Affairs and unless it is determined that no potential explosive gas hazard exists for that unit. Any such installation or determination shall be made in accordance with rules promulgated by the Commissioner of Community Affairs.
c. Any individual device that serves the functions of both a carbon monoxide sensor device and an explosive gas sensor device shall satisfy the purposes 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 this act, including, but not limited to, the following powers in addition to all others granted by this act:
a. To adopt, amend and repeal, after consultation with the code advisory board, rules: (1) relating to the administration and enforcement of this act and (2) the qualifications or licensing, or both, of all persons employed by enforcing agencies of the State to enforce this act 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 this act, including but not limited to prospective interpretation of the code so as to resolve inconsistent or conflicting code interpretations, and, in connection therewith, issue subpena 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 this act 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 this act.
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 this act.
(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 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 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."
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 and explosive gas sensors.
(cf: P.L.2015, c.146, s.2)
5. On or before the first
day of the sixth month next following the effective date of P.L. , c. (pending before the Legislature as
this bill), the Commissioner of Community Affairs shall promulgate,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), the rules and regulations necessary to effectuate
sections 1 through 3 of P.L. , c.
(pending before the Legislature as this bill).
6. This act shall take effect on the first day of the seventh month next following enactment, except that section 5 shall take effect immediately.
STATEMENT
This bill requires explosive gas sensor devices in certain dwelling units. When certain gases, such as methane and propane, reach high densities in a confined space, an explosion may occur. These events are dangerous and can threaten the lives of anyone in the vicinity.
This bill requires the inspection of one and two family housing units for the presence of an explosive gas sensor device prior to initial occupancy, or a change of occupancy. The bill also requires the placement of explosive gas sensor devices in hotel and multiple dwelling units, and in rooming and boarding house units. These requirements would not apply if it is determined, in accordance with rules promulgated by the Commissioner of Community Affairs, that there is no potential explosive gas hazard in the dwelling unit. Similar requirements for one and two family housing, hotel and multiple dwellings, and rooming and boarding houses already exist with regard to carbon monoxide sensor devices.
The sensor devices required under this bill shall comply with the applicable standards of the American National Standards Institute for residential devices for the detection of explosive quantities of methane and propane gases, unless superseded by rules adopted by the Commissioner of Community Affairs.
