Bill

Bill > S386


NJ S386

NJ S386
Requires certain residential buildings to have fire barriers in common attic areas.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill would require all qualified residential buildings to have fire barriers in common attic areas over and above the separations between adjoining dwelling units. Open, unprotected common attic areas present a way for fires to quickly spread throughout a building, creating enormous risks to the safety of residents and firefighters. This bill would require that three-hour rated fire barriers be installed in these common attic areas to slow the spread of fires, which would provide more time for residents to safely evacuate and limit the scope of any fires that firefighters have to combat, while also limiting property damage. The bill defines a "qualified residential building" as any building or structure of three or more stories with two or more dwelling units. The bill requires the Commissioner of Community Affairs to adopt common attic area fire barrier regulations, on or before the first day of the sixth month next following the bill's effective date, for both new construction and existing buildings that would require a retrofit. For early stage new construction, an application for a construction permit could not be declared complete without providing for fire barriers if the application is not yet declared complete on or before the adoption of regulations. All other qualified residential buildings would have to comply with the fire barrier requirements within 180 days of the adoption of regulations. The bill makes the common attic area fire barrier requirement a part of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.). Accordingly, a multiple dwelling that meets the definition of a "qualified residential building" would be inspected for compliance with this requirement as a part of the regular inspections under that law. A qualified residential building that does not meet the "multiple dwelling" definition would be subject to these inspections for the limited purpose of ensuring compliance with this requirement.

AI Summary

This bill requires that "qualified residential buildings," defined as any building or structure with three or more stories and at least two "dwelling units" (individual living spaces), must have fire barriers installed in common attic areas. These fire barriers, which are fire-resistance rated wall assemblies designed to stop fire spread, must have a rating of at least three hours and be installed above and beyond the existing separations between individual dwelling units. The Commissioner of Community Affairs will create regulations for these fire barriers, which will apply to both new construction and existing buildings needing retrofits. For new construction, permits will not be finalized without plans for these fire barriers once regulations are adopted. Existing qualified residential buildings will have 180 days after the regulations are adopted to comply. This requirement will be integrated into the existing "Hotel and Multiple Dwelling Law," meaning compliance will be checked during regular inspections for buildings classified as "multiple dwellings," and specifically for other qualified residential buildings.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/13/2026)

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