Sept 2024

Legislative Review By Mitchell Frumkin, PE, RS, Kipcon, Inc.

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Summary of Bill A4458: Fire Suppression Systems in Townhouses Assembly Bill A4458 proposes amendments to the cur rent legislation requiring newly constructed townhouses to be equipped with automatic fire sprinkler systems. The bill extends the implementation timeline for this requirement from seven to thirteen months after the enactment of the original law which was January 2024. Impact on Community Associations: While this bill addresses new construction, it raises questions for existing community associations where an incident such as a fire destroys one of the units. If a unit is destroyed by fire, the rebuilt unit must comply with the new fire protection system requirements. However, the rest of the units in the building, which are not affected may not be mandated to install fire sprinkler systems. In terms of compliance with NJ building codes, if the reconstruction involves more than a specific percentage of the building, the entire building might need to be brought into conformance with current building codes, necessitat ing retrofitting of all units, even those not damaged by the fire. The exact percentage can vary, but substantial renovations—often defined as 50% or more of the building,

trigger requirements for the entire building to comply with current codes. Summary of Bill S2188: Prevention of Legionnaires’ Disease Senate Bill S2188 mandates specific actions to prevent and control Legionnaires’ disease within New Jersey. It requires public water systems with 100 or more connections to maintain certain disinfectant residual levels and conduct regular testing. The bill requires certain high-risk buildings (such as a building more than 10 stories in height) to imple ment water management programs following established standards and imposes penalties for non-compliance. Impact on Community Associations: Legionnaires’ dis ease is a concern in residential buildings due to potential sources of Legionella bacteria such as cooling towers, water heaters, plumbing systems, and water storage tanks. If a community association operates a building with 100 or more service connections, it will need to comply with the new regulations, which include maintaining specific disinfectant levels and implementing a water management program to control the spread of Legionella bacteria. Failure to comply could result in penalties and increased health risks for residents. n

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SEPTEMBER 2024