STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Requires certain residential buildings to have fire barriers in common attic areas.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee with technical review.
An Act concerning residential fire safety and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.1967, c.76 (C.55:13A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. For a qualified residential building, the code shall require, and an application for a construction permit shall not be declared complete without providing, that there be fire barriers with a fire-resistance rating of at least three hours installed in any common area loft, attic, or cockloft over and above the separations between adjoining dwelling units.
b. On or before the first day of the sixth month next following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall promulgate rules and regulations, pursuant to its rule-making authority under the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section, and shall revise the code accordingly.
c. As used in this section:
“Dwelling unit” means the same as that term is defined in section 3 of P.L.1967, c.76 (C.55:13A-3).
“Fire barrier” means a fire-resistance rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained, and which extends to or through the roof.
“Qualified residential building” means any building or structure of three or more stories with two or more dwelling units.
2. a. Within 180 days of the adoption of rules and regulations pursuant to subsection c. of this section, a qualified residential building shall have fire barriers with a fire-resistance rating of at least three hours installed in any common area loft, attic, or cockloft over and above the separations between adjoining dwelling units.
b. A qualified residential building that does not meet the definition of “multiple dwelling,” as that term is defined in section 3 of P.L.1967, c.76 (C.55:13A-3), shall be subject to inspections pursuant to section 13 of P.L.1967, c.76 (C.55:13A-13) for the limited purpose of ensuring compliance with subsection a. of this section.
c. On or before the first day of the sixth month next following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Community Affairs shall promulgate rules and regulations, pursuant to its rule-making authority under the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
d. As used in this section:
“Fire barrier” means a fire-resistance rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained, and which extends to or through the roof.
“Qualified residential building” means any building or structure of three or more stories with two or more dwelling units.
3. This act shall take effect immediately and section 1 shall apply to a new qualified residential building for which an application for a construction permit is not yet declared complete on or before the adoption of rules and regulations and code revisions pursuant to that section.