May 2024

“While that clearly excludes HOAs with one- and two-family dwellings, does it apply to other types of residential buildings? “

MULCH... from page 16.

But are these regulations, assuming they appear in a final form similar to the proposed regulations, applicable to all common interest communities? It appears that despite what appears to be the plain language of the proposed regulation (“no combustible materials within 18 inches of any building …”), the regulation may not be applicable to many forms of associations. To reach this conclusion, one must wade through not only the New Jersey Administrative Code, but also the 2015 edition of the International Fire Code (IFC) 1 to come to that interpretation. Under the DCA’s Fire Prevention Code it has adopted the IFC by reference and then adopted numerous revisions to that code. Since the IFC is not fully set forth in the DCA regulations, it requires jumping back and forth between the IFC and the DCA revisions to conclude con cerning applicability. The IFC provides that: “The purpose of this code is to estab lish the minimum requirements…for providing a reasonable

level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and exist ing buildings.” While the DCA regulations have modified this section to exclude “owner-occupied one- and two-family dwellings used exclusively for dwelling purposes.” 2 While that clearly excludes HOAs with one- and two-fam ily dwellings, does it apply to other types of residential buildings? Apparently, it does, because in the labyrinth of DCA fire prevention regulations, we find that the following definition, “’Owner-occupied’ when used in conjunction with one- and two-family or attached single-family means a building serving as the residence of at least one holder of record of title to the property.” 3 And, “The local enforc ing agency shall periodically inspect all premises (for compliance with the Fire Code) except owner-occupied CONTINUES ON PAGE 20

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MAY 2024