The massive 2015 fire that destroyed the Avalon at Edgewater apartments in Bergen County may prompt changes to New Jersey’s construction codes with proposed legislation for Assembly Bill No 1914.The apartment complex was constructed in accordance with existing code; however, the buildings’ lightweight wood framing and lack of sprinklers in certain areas made it more difficult for firefighters to control the fire, resulting in the destruction of 240 apartments and displacement of about 500 people – this is why the consideration of Assembly No 1914 is proving integral to current NJ construction codes.
Assembly Bill No 1914
As a result of this tragedy, lawmakers are currently considering legislation (Assembly Bill No 1914) that would amend the state’s construction code with the aim of improving fire safety. Many of the bill’s provisions stem from recommendations made by the Code Advisory Council of the Fire Safety Commission.
What impact could Assembly Bill 1914 have?
The proposed changes to the construction code would impact the construction of many multiple dwelling structures built in New Jersey. The legislation specifically addresses structures built with lightweight wood frame construction (Type V) and equipped with National Fire Protection Association (NFPA) 13R sprinkler systems, which allow for the omission of sprinklers in certain areas.
The proposed changes to the construction code would impact the construction of many multiple dwelling structures built in New Jersey.
The bill also amends provisions of the New Jersey construction code that allow for the construction of buildings on top of structures such as parking garages, which effectively allow the buildings to be built higher than otherwise allowed.
Requirements under Assembly Bill 1914
Under the proposed legislation, whenever an automatic sprinkler system is installed in accordance with NFPA 13R in a building comprised, in whole or in part, of lightweight wood frame construction:
Unprotected and unheated wood-framed attic areas must be protected by a dry type sprinkler system; and
If the building is a multiple dwelling, the sprinkler system or systems must be monitored for both supervisory and alarm conditions that result in notification of the fire department.
Buildings of Type V construction and equipped with an automatic sprinkler system installed in accordance with NFPA 13R may not exceed two stories measured from the grade plane; and must not exceed a per-story floor area of 12,000 square feet.
Meanwhile, a building of Type V construction that is equipped with an automatic sprinkler system installed in accordance with the more stringent NFPA 13 may not exceed three stories measured from the grade plane; and may not exceed a per-story floor area of 36,000 square feet.
Additional square footage may be permitted by constructing an additional detached building(s) or an attached building providing a minimum two-hour masonry or concrete fire wall between each attached building.
Backing for Assembly Bill No 1914
According to the bill’s sponsor, Assemblyman John Wisniewski (D-Middlesex), “The bill balances fire safety concerns with other policy considerations by affording developers an opportunity to increase the floor area of developments without increasing the height of buildings.”Build With Strength, a coalition of the National Ready Mixed Concrete Association, is also lobbying in favor of the proposed changes to the New Jersey construction codes. In September, Build With Strength released the results of a voter poll that found 95 percent of New Jersey voters support changing the construction codes. The survey also found that 93 percent support legislation requiring all buildings over three stories to have concrete and steel frames.
Assembly Bill No 1914 has been pending before the Assembly Housing and Community Development Committee since early this year. We will continue to monitor the status of the proposed bill and post updates as they become available. Otherwise, if you wish to discuss the matter further, please contact me, Victor Kinon, at 201-806-3364.
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Can You Own Part of a New Jersey Business Without a Written Agreement?
Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One
For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Monmouth County's Next Development Wave: What Developers and Investors Need to Know
Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Are Your Conversations with AI Shielded from Discovery? Courts Are Split
Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
