ASSEMBLY, No. 1798

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 28, 1996

 

 

By Assemblyman CORODEMUS

 

 

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. Each 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 a carbon monoxide sensor device shall be accepted as meeting the requirement of this section if that device has been tested and listed by a Nationally Recognized Testing Laboratory and has been approved by the Division of Codes and Standards after consultation with the Division of Fire Safety. This section shall not be enforced except pursuant to sections 2 and 3 of P.L. , c. (C. )(pending before the Legislature as this bill).

 

    2. a. In any case in which a change of occupancy of any dwelling unit subject to the requirements of section 1 of P.L. , c. (C.        )(pending before the Legislature as this bill) 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 as required by section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).

    b. In the case of change of occupancy of any dwelling unit subject to the requirements of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) 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 "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) a certificate indicating compliance with the requirements of P.L. , c. (C. )(pending before the Legislature as this bill). 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 dwelling unit subject to the provisions of this act when the premises do not comply with the requirements of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill), or without complying with the inspection and certification requirements of section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), 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 a carbon monoxide sensor device inside a dwelling unit in a structure used or intended for use for residential purposes upon a change of occupancy of the dwelling unit. A carbon monoxide sensor device shall be accepted as meeting the requirement of this section if the device has been tested and listed by a Nationally Recognized Testing Laboratory and has been approved by the Division of Codes and Standards in the Department of Community Affairs after consultation with the Division of Fire Safety. Local code enforcement officials or the Department of Community Affairs, when acting as the local enforcing agency, 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. Failure to install the device when required could result in the owner of the premises being fined $100.

    The bill would direct the Commissioner of Community Affairs to promulgate rules and regulations necessary to effectuate this act.

    A number of New Jersey municipalities are considering or have adopted local ordinances requiring the installation of carbon monoxide sensor devices. Adoption of this bill would establish a uniform State standard.

 

 

 

Requires carbon monoxide detectors be installed in all residential properties.