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The Division of Fire Safety
has received several pieces of correspondence recently indicating some
confusion about the registry of Local Enforcing Agencies (LEAs) that
have decided to perform the cyclical inspections required in non-life
hazard use multiple dwellings by the Regulations for Maintenance of
Hotels and Multiple Dwellings. The Division would encourage all LEAs
to perform these cyclical inspections, and will provide clarification
here concerning what is involved.
The Regulations for the Maintenance of Hotels and Multiple Dwellings
(N.J.A.C. 5:10-1.3(d) provide the Bureau of Housing Inspection (BHI)
with the option of designating one of our LEAs as their agent for enforcing
those regulations, which include Uniform Fire Code provisions. By accepting
that designation, an LEA agrees to perform the cyclical inspections
required by BHI Regulations at least as frequently as those Regulations
require; that is, once every five (5) years. Agencies that accept the
responsibility for BHI's cyclical inspections do not get to pick and
choose those multiple dwellings that will be inspected. If they don't
inspect all of them, then BHI will retain responsibility for those cyclical
inspections.
The subject matter of our Regulations, at N.J.A.C. 5:71-3.6, is the
necessary coordination required of LEAs when they deal with State-licensed
facilities. N.J.A.C. 5:70-3.6(f) gives an LEA the option of performing
BHI's cyclical inspections. Our Regulations do not give an LEA the option
of choosing never to inspect multiple dwellings within their jurisdiction.
LEAs are required by N.J.S.A. 52:27D-203.(a) and by N.J.A.C. 5:70-2.1(b)
to enforce the Act in all buildings other than owner-occupied buildings
used exclusively for dwelling purposes and containing fewer than three
dwelling units.
The inspection of hotels and multiple dwellings by BHI or other, local
agencies acting on their behalf, cannot relieve the LEA of its responsibility
to inspect non-life hazard use hotels and multiple dwellings. Our regulations,
however, do not establish the frequency of non-life hazard use inspection.
Whether a multiple dwelling consists of condominium units, owner-occupied
or not, does not alter the fact that it is subject to the Uniform Fire
Safety Act and must be inspected by our Local Enforcing Agencies.
Inspections of multiple dwellings performed to satisfy the requirement
of the cyclical inspection program provisions of BHI's regulations must
include occupied dwelling units. (N.J.A.C. 5:70-2.1(b). While it is
not necessary to inspect every unit, inspectors must ascertain that
dwelling unit smoke detectors are in place and operating.
BHI regulations have recently been revised to read: A building section
containing not more than four (4) dwelling units shall not be considered
a multiple dwelling if it:
1. Is held under a condominium or cooperative form of ownership or by
a mutual housing corporation;
2. Is in a building that has no occupied dwelling units not occupied
by unit owners, if a condominium, or by shareholders, if a cooperative
or mutual housing corporation;
3. Has at least two exterior walls unattached to any adjoining building
section; and
4. Is attached to any adjoining building sections exclusively by fire
separation walls having a 1 � hour minimum fire resistance rating, in
the case of buildings constructed prior to January 1, 1977, or as required
by the State Uniform Construction Code at the time of construction.
(N.J.A.C. 5:10-1.4(b).
The second of these exceptions is to be interpreted to mean that the
presence of a vacant dwelling unit within a building invalidates the
exception. It also means that if any unit within the building is not
occupied by an owner or shareholder, the building and every building
section is to be considered a multiple dwelling. If a dwelling owner
or shareholder, or their representative, claims exemption pursuant to
the provision, verification of owner occupancy for each dwelling unit
in the building must be provided to BHI to avoid registration as a multiple
dwelling.
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