September 2025

“First, don’t panic. Second, don’t ignore it.”

MULCH... from page 14.

mulch and replaced it with decorative stone, because the stone was deemed a tripping hazard. Add to that the limited guidance on what qualifies as “non-combustible” or “fire-resistant” mulch, and boards and management companies are left scratching their heads and stretching their budgets. Wait… Are We Mulching or Not? While the mulch regulations are technically part of New Jersey’s Uniform Fire Code (with an emphasis on “uniform”), the rollout has been anything but consistent. One major source of confusion is which buildings are even covered. Attached single-family homes and clas sic townhouse construction… appear to be exempt if they’re owner-occu-

your buildings are made entirely of non-combustible materials like brick or concrete, or your siding sits more than three feet off the ground, you may be in the clear… maybe! The Great Interpretation Game Here’s where things get messy: dif ferent municipalities are interpreting the law differently. Some are laser-focused on the 18-inch horizontal requirement. Others are applying both horizon tal and vertical measurements. Some municipalities are unclear whether raised flower beds count, and some are unaware the law even exists. We’ve even heard of inspectors cit ing communities that already removed

pied. But the regulation’s definition of “owner-occupied” is as clear as, well, shredded bark: “a building serving as the residence of at least one holder of record of title to the property.” So, if one person owns and lives in one of six townhouses in a building, is the whole building exempt? Just that one unit? Or are we supposed to mulch half the flower bed and call it a compromise? Even the Department of Community Affairs (DCA) admits this part is unclear. They’ve acknowledged the confusion and say a revision is on the way to clarify things. In the meantime, enforce ment is being left up to local officials, which undermines the whole idea of a uniform statewide fire code. What Should Boards and Managers Do? First, don’t panic. Second, don’t ignore it. Your best move is to take a proactive and informed approach, including: 1. Survey your buildings but under stand that even this step can be tricky. Determining whether your structures fall under the new rule depends on how your local fire official interprets the regulation, especially if you manage attached single-family homes that may or may not be owner-occupied. 2. Check with your local fire official about how the regulation is being enforced in your municipality. Each town seems to have its own version of the rulebook.

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SEPTEMBER 2025