ASSEMBLY, No. 562
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman TURNER
An Act concerning carbon monoxide detectors in residential structures and supplementing P.L.1975, c.217. (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A dwelling unit in a structure used or intended for use for residential purposes shall have a carbon monoxide sensor device located inside the unit. The installation of battery operated carbon monoxide sensor devices shall be accepted as meeting the requirements of this section. The carbon monoxide sensor device shall have been tested and listed by a product certification agency recognized by the Division of Codes and Standards. This section shall not be enforced except pursuant to sections 2 and 3 of this act.
2. a. In any case where a change of occupancy of any dwelling unit subject to the requirements of section 1 of this act 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 municipal officer or agency responsible for its issuance has determined that the unit is equipped with a sensor device or devices as required by section 1 of this act.
b. In the case of change of occupancy of any building subject to the requirements of section 1 of this act 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 building without first obtaining from the relevant enforcement agency under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) a certificate indicating compliance with the requirements of this act. The local governing body having jurisdiction over the enforcing agency or, where the Division of Codes and Standards is the enforcing agency, the Commissioner of Community Affairs, shall establish a fee which covers the cost of inspection and of issuance of the certificate.
3. An owner who sells, leases, rents or otherwise permits to be occupied for residential purposes any premises subject to the provisions of this supplementary act when the premises do not comply with the requirements of section 1 hereof, or without complying with the inspection and certification requirements of section 2 hereof, 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 enforcement law," N.J.S.2A:58-1 et seq.
4. 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 this act.
5. This act shall take effect on the first day of the sixth month following enactment, except that section 4 shall take effect immediately.
STATEMENT
This bill would require the installation of carbon monoxide sensor devices inside all structures used for residential purposes, including multiple-family dwellings and single family homes. The devices would be required to be of the type tested and listed by a product certification agency recognized by the Department of Community Affairs. Local code enforcement officials or the Department of Community Affairs, when acting in that capacity, would be responsible for certifying that the carbon monoxide sensor devices are installed upon the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to safety, healthfulness and upkeep of the premises. However, sensors would not be required in presently occupied single family homes or units not classfied as multiple dwellings until a change in occupancy occurred. Failure to install the device when required could result in the owner of the premises being fined $100.
Carbon monoxide is an odorless, colorless gas which is not detected by most smoke alarms, and can occur from sources other than fires, such as faulty heating devices. Recent reports of tragic deaths involved with the presence of carbon monoxide suggest that lives could have been saved had these devices been installed.
Requires carbon monoxide detectors be installed in all residential properties.