S 1285

SENATE, No. 1285
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Requires installation of fuel gas sensor devices in
certain dwelling units.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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
���� (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.
���� 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.
���� (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.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.�