May 2024

MULCH... from page 18.

one- and two-family or attached single-family structures used exclu sively for dwelling purposes.” 4 Further, in its interpretation of various building codes the DCA continues to utilize the definition of multiple sin gle-family dwellings (Use Group R-3) that previously, but no longer appear, in the regulations under a prior version of the Uniform Construction Code (also administered by the DCA): Multiple single-family dwellings: Single-family dwelling units locat ed above or adjacent to other sin gle-family dwelling units shall be considered as one building clas sified as Use Group R-3 for the purpose of determining the appli cable provisions of this code, provided each dwelling unit is completely separated from the adjacent dwelling unit(s) by fire separation wall(s) and floors with assemblies of not less than 1-hour fire resistance rated con struction and each unit has inde pendent means of egress. 5 Thus, associations constituted of attached dwelling units with one-hour fire separation walls that have their own entrance and exit to the exterior are, for purposes of the fire code con sidered “single-family dwellings.” While we await the final language of the regulation, if it substantially heeds the existing regulation many associa tions, including most HOAs and con dominium townhouse-style communities are excluded from the new mulch reg

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Felsen Insurance Services, Inc. 3155 Route 10 Suite 103 Denville, NJ 07834

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MAY 2024

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