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Bill > A491


NJ A491

NJ A491
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, also known as lofts or cocklofts, that separate these spaces from adjoining dwelling units. These fire barriers must have a fire-resistance rating of at least three hours, meaning they are designed to withstand fire for that duration, to slow the spread of fires. The Commissioner of Community Affairs is tasked with creating regulations for these fire barriers for both new construction and existing buildings that will need to be retrofitted, with new construction permits not being finalized until these barriers are accounted for if the permit application is not yet complete when the regulations are adopted. Existing qualified residential buildings will have 180 days after the regulations are adopted to comply, and these requirements will be enforced as part of regular inspections under the "Hotel and Multiple Dwelling Law," which governs residential buildings.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

Introduced, Referred to Assembly Housing Committee (on 01/13/2026)

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