[First Reprint]

SENATE, No. 477

STATE OF NEW JERSEY

INTRODUCED JANUARY 22, 1996

By Senators PALAIA and Bubba

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[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).]¹

    ¹[2.] 1.¹ a. In any case in which a change of occupancy of any dwelling unit ¹[subject to the requirements of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill)]¹ 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 ¹carbon monoxide¹ sensor device ¹[as required by section 1 of P.L. , c. (C. )(pending before the Legislature as this bill)]¹.

    b. In the case of ¹an initial occupancy or a¹ change of occupancy of any dwelling unit ¹[subject to the requirements of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill)]¹ 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.) ¹or the"Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), as appropriate,¹ a certificate indicating ¹[compliance with the requirements of P.L. , c. (C. )(pending before the Legislature as this bill)]that the unit is equipped with a carbon monoxide sensor device¹.

    ¹c.¹ 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 ¹unless 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), in which case 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 device that bears the label of a nationally recognized testing laboratory, has been tested and listed as complying with the standard UL 2034 or its equivalent, and has been approved by the Division of Codes and Standards after consultation with the Division of Fire Safety.

    "Dwelling unit" means a structure, or a unit in a structure, used or intended for use, in whole or in part, for residential purposes but shall not include:

    (1) a dwelling unit that does not rely, in whole or in part, on the combustion of wood or fossil fuel for heat, cooking, ventilation or hot water, and is not sufficiently close to any ventilated source of carbon monoxide, as determined in accordance with rules adopted by the Department of Community Affairs, to receive carbon monoxide from that source; or

    (2) a dwelling unit that (a) is heated by steam, hot water or electric heat, and (b) is not connected by ductwork or ventilation shafts to any room containing a wood or fossil fuel-burning boiler or heater, and (c) is not sufficiently close to any ventilated source of carbon monoxide, as determined in accordance with rules adopted by the Department of Community Affairs, to receive carbon monoxide from that source.

    "Ventilated source of carbon monoxide" includes, but is not limited to, non-electric space heaters, fire places, wood burning stoves and attached garages.

    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 enforcement law," N.J.S.2A:58-1 et seq¹.

    ¹[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.]¹

    ¹[4.] 2.¹ 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.

    ¹[5.] 3.¹ This act shall take effect on the first day of the sixth month following enactment, except that section ¹[4]2¹ shall take effect immediately.

Requires carbon monoxide detectors to be installed in certain residential properties.