A266 3R

An Act concerning fire safety, ²and² supplementing Title 52 of the Revised Statutes ²[, and amending P.L.2009, c.33]².

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

²[1. (New section) The Commissioner of Community Affairs, in consultation with the Board of Public Utilities, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards requiring that a solar ¹[energy] panel¹ system that is affixed to any ¹[newly constructed or currently existing] residential or nonresidential¹ structure ¹following the effective date of P.L. c. (C. ) (pending before the Legislature as this bill)¹ be equipped with ¹[a device] an external emergency switch¹ capable of disconnecting ¹and de-energizing the residual voltage in¹ the system ¹that is installed¹ at a readily accessible location ¹[that is in close proximity to the meter on the exterior of the structure]¹.]²

²[2. (New section)] 1.² ¹[As used in this section, “solar panel”] a. ²[For the purposes of this act] As used in this section² :

"Local enforcing agency" means the enforcing agency in any municipality provided for under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).

“Nonresidential structure” means any building designed and built for use as a factory or warehouse, or for retail or wholesale merchandising, office, workshop, school, hospital, hotel, or any other commercial, industrial or institutional purpose; or which, having been designed and built for residential use, has been altered, converted or reconstructed for nonresidential use;

“Residential structure” means any detached one ²[and] or² two family residential structure or any building providing multi-dwelling units for the accommodation of non-transient tenants.

“Solar ²[panel] photovoltaic² system”¹ means ²[an elevated panel or plate, or a canopy or array thereof,] a technology or device such as a photovoltaic module² that captures and converts solar radiation to produce ²[power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array] energy².

¹b.¹ The Commissioner of Community Affairs shall, pursuant to the authority under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), promulgate rules and regulations to require that ², except for one or two family residential structures,² an identifying emblem be affixed to the front of ¹[a] ²[any nonresidential¹] any² structure if a solar ²[¹panel¹] photovoltaic² system is affixed to the roof of that structure ²or if the structure is served by an adjacent solar photovoltaic system². The ²design and placement of the² emblem shall be ²[permanently affixed to the left of the main entrance door at a height between one to four feet above the ground or in the vicinity of any other identifying emblem affixed pursuant to section 1 of P.L.1991, c.188 (C.52:27D-198.4)] determined by the Commissioner of Community Affairs based upon national standards or a national model code, as applicable,² and shall be installed and maintained by the owner of the ²[¹nonresidential¹]² structure. ²[The emblem shall be of a bright and reflective color, or made of reflective material. The shape of the emblem shall be an isosceles triangle and the size shall be 12 inches horizontally by 6 inches vertically. The letters “S/P”, of a size and color to make them conspicuous, shall be printed on the emblem to signify that ¹[solar panels are] a solar panel system is¹ affixed to the roof of the structure.]²

¹c. Upon issuing a permit approving the installation or alteration of a roof mounted solar ²[panel] photovoltaic² system for a residential ²structure² or nonresidential structure, the local enforcing ²[authority] agency² shall, within ²[ten] 10² days ²[of] after² issuance, file a copy of the permit with the local fire ²[department] official² serving the municipality in which the residential ²structure² or nonresidentialstructure is located.

d. The owner of any residential ²structure² or nonresidential structure who installs or provides for the ²[installment] installation² of a roof mounted solar ²[panel] photovoltaic² system on or after the effective date of this act, or has installed or provided for the ²[installment] installation² of a roof mounted solar ²[panel] photovoltaic² system prior to the effective date of this act, shall provide a written notification to the local fire ²[department] official² which shall include but ²need² not be limited to:

(1) the name of the property owner or owners as well as the address of the residential ²structure² or ²[non-residential] nonresidential² structure upon which the solar ²[panel] photovoltaic² system has been installed ², and the name of the owner or owners and the address of any other adjacent structure served by the solar photovoltaic system² ; ³and³

(2) ³[a statement as to whether the solar ²[panel] photovoltaic² system is equipped with an external emergency ²[switch capable of disconnecting and de-energizing the residual voltage in the system as required under section 1 of P.L. c. (C. )(pending before the Legislature as this bill) or paragraph 10 of subsection a. of section 7 of P.L.2009, c.33 (C.52:27D-141.7)] disconnection device² ;

(3) a description, if applicable, of the exact location of the external emergency ²[switch as required under section 1 of P.L. c. (C. )(pending before the Legislature as this bill) or paragraph 10 of subsection a. of section 7 of P.L.2009, c.33 (C.52:27D-141.7)] disconnection device² ; and

(4)]³ the year that the roof mounted solar ²[panel] photovoltaic² system was installed on the residential ²structure² or ²[non-residential] nonresidential² structure.

The written notification shall be submitted in a format containing any ²[addition] additional² information that the commissioner deems necessary ²[at a time that the commissioner shall prescribe] as prescribed² by rule or regulation.

e. ²[Any] A² copy of a permit ²[issued] filed² pursuant to subsection c. of this section or written notification issued pursuant to subsection d. of this section shall be kept on file by the chief of the local fire department ²,² and the address of the residential ²structure² or nonresidential structure ², the address of any other adjacent structure served by the solar photovoltaic system,² and any additional information regarding the solar ²[panel] photovoltaic² system shall be maintained in a registry by the fire department. The information contained in the registry shall serve to alert firefighters, when responding to an emergency situation, that a residential ²structure² or nonresidential structure is equipped with ², or is served by,² a roof mounted solar ²[panel] photovoltaic² system and that reasonable precautions may be necessary when responding to the emergency.

f. The provisions of this act shall be enforced in accordance with enforcement procedures set forth in the "Uniform Fire Safety Act," P.L. 1983, c. 383 (C. 52:27D-192 et seq.).¹

²[3. Section 7 of P.L.2009, c.33 (C.52:27D-141.7) is amended to read as follows:

7. a. The commissioner, in consultation with the Board of Public Utilities, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards with respect to the technical sufficiency of solar energy systems to be installed pursuant to this act. These standards, at a minimum, shall provide:

(1) that the solar energy system is to be installed in conformance with the manufacturer's specifications and in compliance with all applicable electrical and building code standards;

(2) that the solar energy system is intended primarily to offset part or all of the consumer's own electricity demand;

(3) that all components in the solar energy system are to be new and unused, and shall not have previously been placed in service in any other location or for any other application;

(4) that the solar energy system shall have a warranty of not less than 10 years provided by the solar energy system manufacturer, and shall be subject to coverage afforded under "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1 et seq.) to protect the integrity of the roof of the home and to protect against defects and undue degradation of electrical generation output;

(5) that the solar energy system shall have meters or other devices in place to monitor and measure the system's performance and the quantity of electricity generated by the system;

(6) that the solar energy system shall comply with adopted energy codes for the dwelling unit where the solar energy system is installed;

(7) for rating criteria for equipment, components, and systems to assure reasonable performance and criteria for complying with these minimum ratings;

(8) that the solar energy system shall be consistent with the net metering standards and safety and power quality interconnection standards adopted by the Board of Public Utilities pursuant to subsection e. of section 38 of P.L.1999, c.23 (C.48:3-87); [and]

(9) for the criteria by which the technical feasibility of the installation of a solar energy system is determined in section 4 of this act; and

(10) that ¹[the] any¹ solar energy system ¹installed following the effective date of P.L. c. (C. )(pending before the Legislature as this bill)¹ be equipped with ¹[a device] an external emergency switch¹ capable of disconnecting ¹and de-energizing the residual voltage in¹ the system ¹that is installed¹at a readily accessible location ¹[that is in close proximity to the meter on the exterior of the dwelling unit]¹.

b. The commissioner, in consultation with the Board of Public Utilities, shall:

(1) publish educational materials designed to demonstrate how developers may incorporate solar energy systems during construction as well as energy efficiency measures that best complement solar energy systems; and

(2) provide developers with information concerning any applicable credits, rebates, or other incentives that may be available for the installation of solar energy systems.

(cf: P.L.2009, c.33, s.7)]²

²[4.]2.² This act shall take effect immediately.