Requires carbon monoxide detectors in school buildings.

A1641

ASSEMBLY, No. 1641

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MELINDA KANE

District 6 (Burlington and Camden)

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

SYNOPSIS

���� Requires carbon monoxide detectors in school
buildings.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

requiring carbon monoxide detectors in schools,
supplementing P.L.1983, c.383 (C.52:27D-192 et seq.), and supplementing and
amending P.L.1975, c.217.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� (New section)� a.� A
structure used or intended for use wholly or in part for school instructional
purposes shall be equipped with a carbon monoxide sensor device or devices, unless
it is determined that there is no potential carbon monoxide hazard in the structure.�
The placement of such device and any determination that such device is not
required shall be made in accordance with rules adopted by the Commissioner of
Community Affairs.

���� b.��� The Commissioner of
Community Affairs shall promulgate rules and regulations pursuant to its rule-making
authority under the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.) in order to effectuate subsection a. of this section.

���� c.��� For the purposes of this
section:

���� �Carbon monoxide sensor
device� means a carbon monoxide alarm or detector that bears the label of a
nationally recognized testing laboratory, and has been tested and listed as
complying with the most recent Underwriters Laboratories standard 2034 or its
equivalent.

���� �School� means any public or
private school as those terms are defined in N.J.S.18A:1-1.

���� 2.��� (New section)� The local
governing body having jurisdiction over the enforcing agency for the uniform
fire safety code adopted pursuant to the �Uniform Fire Safety Act,� P.L.1983,
c.383 (C.52:27D-192 et seq.) or, if the Department of Community Affairs is the
enforcing agency, the Commissioner of Community Affairs may establish a fee
which covers the cost of inspection and of issuance of a certificate evidencing
compliance with section 1 of P.L.��� , c.���� (C.����� ) (pending before the
Legislature as this bill); provided, however, the fee authorized shall not
exceed the costs of inspection and issuance of a certificate.

���� 3.��� (New section)� a.� An
application for a construction permit for a structure intended for use wholly
or in part for school instructional purposes shall not be declared complete by
the enforcing agency without containing provisions for the placement of a
carbon monoxide sensor device or devices, unless it is determined that there is
no potential carbon monoxide hazard in the structure.� The placement of such
device and any determination that such device is not required shall be made in
accordance with rules adopted by the Commissioner of Community Affairs.

���� b.��� The Commissioner of
Community Affairs shall promulgate rules and regulations pursuant to its
rule-making authority under the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate subsection a. of
this section.

���� c.��� For the purposes of this
section:

���� �Carbon monoxide sensor
device� means a carbon monoxide alarm or detector that bears the label of a
nationally recognized testing laboratory, and has been tested and listed as
complying with the most recent Underwriters Laboratories standard 2034 or its
equivalent.

���� �School� means any public or
private school as those terms are defined in N.J.S.18A:1-1.

���� 4.��� Section 6 of P.L.1975,
c.217 (C.52:27D-124) is amended to read as follows:

���� 6.��� The commissioner shall
have all the powers necessary or convenient to effectuate the purposes of this
act, including, but not limited to, the following powers in addition to all
others granted by this act:

���� a.��� To adopt, amend and
repeal, after consultation with the code advisory board, rules: (1) relating to
the administration and enforcement of this act and (2) the qualifications or
licensing, or both, of all persons employed by enforcing agencies of the State
to enforce this act or the code, except that, plumbing inspectors shall be
subject to the rules adopted by the commissioner only insofar as such rules are
compatible with such rules and regulations, regarding health and plumbing for
public and private buildings, as may be promulgated by the Public Health
Council in accordance with Title 26 of the Revised Statutes.

���� b.��� To enter into agreements
with federal and State of New Jersey agencies, after consultation with the code
advisory board, to provide insofar as practicable (1) single-agency review of
construction plans and inspection of construction and (2) intergovernmental
acceptance of such review and inspection to avoid unnecessary duplication of
effort and fees.� The commissioner shall have the power to enter into such
agreements although the federal standards are not identical with State
standards; provided that the same basic objectives are met.� The commissioner
shall have the power through such agreements to bind the State of New Jersey
and all governmental entities deriving authority therefrom.

���� c.��� To take testimony and
hold hearings relating to any aspect of or matter relating to the
administration or enforcement of this act, including but not limited to
prospective interpretation of the code so as to resolve inconsistent or
conflicting code interpretations, and, in connection therewith, issue
[
subpena
]

subpoenas

to compel the attendance of witnesses and the production of evidence. The
commissioner may designate one or more hearing examiners to hold public
hearings and report on such hearings to the commissioner.

���� d.��� To encourage, support or
conduct, after consultation with the code advisory board, educational and
training programs for employees, agents and inspectors of enforcing agencies,
either through the Department of Community Affairs or in cooperation with other
departments of State government, enforcing agencies, educational institutions,
or associations of code officials.

���� e.��� To study the effect of
this act and the code to ascertain their effect upon the cost of building
construction and maintenance, and the effectiveness of their provisions for
insuring the health, safety, and welfare of the people of the State of New
Jersey.

���� f.���� To make, establish and
amend, after consultation with the code advisory board, such rules as may be
necessary, desirable or proper to carry out his powers and duties under this
act.

���� g.��� To adopt, amend, and
repeal rules and regulations providing for the charging of and setting the
amount of fees for the following code enforcement services, licenses or
approvals performed or issued by the department, pursuant to the "State
Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.):

���� (1)� Plan review, construction
permits, certificates of occupancy, demolition permits, moving of building
permits, elevator permits and sign permits; and

���� (2)� Review of applications
for and the issuance of licenses certifying an individual's qualifications to
act as a construction code official, subcode official or assistant under this
act.

���� (3)� (Deleted by amendment,
P.L.1983, c.338).

���� h.��� To adopt, amend and
repeal rules and regulations providing for the charging of and setting the
amount of construction permit surcharge fees to be collected by the enforcing
agency and remitted to the department to support those activities which may be
undertaken with moneys credited to the Uniform Construction Code Revolving
Fund.

���� i.���� To adopt, amend and
repeal rules and regulations providing for:

���� (1)� Setting the amount of and
the charging of fees to be paid to the department by a private agency for the
review of applications for and the issuance of approvals authorizing a private
agency to act as an on-site inspection and plan review agency or an in-plant
inspection agency;

���� (2)� (Deleted by amendment,
P.L.2005, c.212).

���� (3)� (Deleted by amendment,
P.L.2005, c.212).

���� j.���� To enforce and
administer the provisions of the "State Uniform Construction Code
Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and the code promulgated
thereunder, and to prosecute or cause to be prosecuted violators of the
provisions of that act or the code promulgated thereunder in administrative
hearings and in civil proceedings in State and local courts.

���� k.��� To monitor the
compliance of local enforcing agencies with the provisions of the "State
Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), to
order corrective action as may be necessary where a local enforcing agency is
found to be failing to carry out its responsibilities under that act, to
supplant or replace the local enforcing agency for a specific project, and to
order it dissolved and replaced by the department where the local enforcing
agency repeatedly or habitually fails to enforce the provisions of the
"State Uniform Construction Code Act."

���� l.���� To adopt, amend, and
repeal rules and regulations implementing the provisions of P.L.1999, c.15,
P.L.2003, c.44,
[
and
]
section 1 of
P.L.2015, c.146 (C.52:27D-123f)
, and sections 1 through 3 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill)
concerning
the installation and maintenance of carbon monoxide sensors.

(cf: P.L.2015, c.146, s.2)

���� 5.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment, but the Commissioner of Community Affairs may take such anticipatory
administrative action in advance thereof as shall be necessary for the
implementation of this act.

STATEMENT

���� This bill would require the
installation of carbon monoxide detection devices in schools, including public
and private schools.� Recently, several children and teachers were sickened and
had to be hospitalized due to carbon monoxide exposure in a Georgia
school.� That incident could have been avoided with the installation of
relatively inexpensive carbon monoxide detection devices.� This bill would help
prevent such an incident from happening in New Jersey and protect the health
and safety of school children and employees by requiring the installation of
these devices in all schools.

���� This bill would not require
the installation of carbon monoxide detection devices if it is determined that
there is no potential carbon monoxide hazard in a school.� Thus, these devices
would not be required in a school which does not have a heat source that could
potentially emit carbon monoxide fumes.� The Commissioner of Community Affairs
would promulgate regulations concerning the installation and standards for
carbon monoxide detection devices, which current law requires to be installed
in multiple dwellings and certain other residential housing.

���� Inspection for installation of
the devices would be done by local fire officials or the Division of Fire
Safety in the Department of Community Affairs, depending upon which agency has
jurisdiction

for fire safety inspections in the
area.� The enforcing agency would be authorized to impose a fee for the costs
associated with inspections and the issuance of certificates.