May 2024

MULCH REGULATIONS: Do they Apply to You? By J. David Ramsey, Esq., CCAL, Becker

“The proposed regulation prohibits the use of any ‘combustible landscape materials’...Organic mulch is combustible.”

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M ulch fires have become a hot topic (pun intend ed). Discussions with fire marshals or inspectors have shown that most have witnessed mulch fires. While there is some debate about whether or not these fires can occur from spontaneous combustion, there appears to be no disputing that throwing a lighted cigarette into mulch or allowing the spark from a barbeque to fall into mulch, particularly when dry, can ignite a fire. When a mulch fire occurs next to a combustible building material a larger fire that risks the safety of occupants can occur. The proposed regulations concerning the use of mulch close to residential buildings that were promulgated by the New Jersey Department of Community Affairs (DCA) and published last summer have generated much conversation and concern. The proposed regulation prohibits the use of any “combustible landscape materials” within 18 inches of any building or structure including a deck, porch, balcony, or other portion of a building constructed of combustible materi

al. Organic mulch is combustible. Importantly the regulation does not go into effect until 12 months after its effective date. The regulation further provides that where combustible mulch exists within 18 inches of “any building or structure,” or “within 18 inches of a deck, porch, balcony, or any other portion of [a] building constructed of combustible material” the mulch within the 18-inch area must be replaced with a non-combustible material, such as stone, synthetic mulch, or other non-combustible materials. Under applicable law, any proposed administrative reg ulation must be first published for public comment. In this case, the public comment period closed in August 2023. Then the DCA must consider all public comments from the public comment period, after which a final regulation may be published that includes a response to each of the com ments made. As of the date of this article, the final regula tion has not been published; hence, the 12-month delay in mandated compliance has not commenced. CONTINUES ON PAGE 18

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MAY 2024

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