N.J. Admin. Code § 5:70-2.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:70-2.3 - Certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance

(a) Before any one- and two-family or attached single family structure is sold, leased, or otherwise made subject to a change of occupancy for residential purposes, the owner shall obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance CSACMAPFEC, evidencing compliance with 5:70-4.19, from the appropriate enforcing agency.

1. Where a municipality has existing inspection or approval requirements under a property maintenance or other municipal code, a CSACMAPFEC shall not be required; provided, however, that the agency responsible for the enforcement of that code shall not issue any certificate of inspection or occupancy or other approval under such municipal code until it has determined that the dwelling complies with the requirements of 5:70-4.19.

2. Where no municipal inspection or approval requirement exists, the agency responsible for enforcement of the Uniform Fire Safety Act shall be responsible for issuance of the CSACMAPFEC.

i. The Department, where it serves as the enforcing agency, may, upon application by a local fire department, delegate to that fire department the responsibility and authority for issuance of the CSACMAPFEC within the municipality, or portion of a municipality, served by that fire department.

3. The owner, or authorized agent of the owner, shall apply for a CSACMAPFEC on a form provided by the enforcing agency. The application shall be accompanied by the appropriate fee, as set forth in 5:70-2.9(d).

4. A CSACMAPFEC shall not be transferable. If the change of occupancy specified in the application for a CSACMAPFEC does not occur within six months, a new application shall be required.

i. The enforcing agency may issue a CSACMAPFEC for a seasonal rental unit for a period of up to 12 months, regardless of the number or frequency of changes in tenancy.

5. No CSACMAPFEC shall be issued until inspection of the structure indicates compliance with 5:70-4.19, except as provided in (b) below.

(b) The enforcing agency, unless it is otherwise required to inspect the structure under a property maintenance or other municipal code, may accept, in lieu of inspection, a certification that one or more smoke alarms, carbon monoxide alarms, and fire extinguishers, as applicable, have been installed and tested in accordance with N.J.A.C. 5:70-4.19. Such certification shall be upon forms provided by the enforcing agency.

(c) No CSACMAPFEC or municipal certificate of occupancy shall be issued for any one- and two-family or attached single family structure, or unit therein, as the case may be, unless the structure or unit contains a carbon monoxide alarm meeting the requirements of UL Standard 2034; provided, however, that no carbon monoxide alarm shall be required in any building that does not contain any fuel-burning appliances and does not have an attached garage. An "open parking structure," as defined in the building subcode of the State Uniform Construction Code, shall not be deemed to be an attached garage.

N.J. Admin. Code § 5:70-2.3

Amended by 50 N.J.R. 729(a), effective 2/5/2018

Amended by 56 N.J.R. 553(b) effective 4/15/2024