Concerns implementation of fire sprinkler system requirements in newly constructed townhouses.

A4095

ASSEMBLY, No. 4095

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Concerns implementation of fire sprinkler system
requirements in newly constructed townhouses.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the implementation of fire sprinkler system
requirements in newly constructed townhouses and amending P.L.2023, c.265.

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

���� 1.� Section 1 of P.L.2023,
c.265 (C.52:27D-123.20) is amended to read as follows:

���� 1.� a.� Except as provided in
subsection b. of this section, a
[
newly
constructed
]

construction permit application for a new
townhouse subject to the one-
and two-family dwelling subcode, adopted by the Commissioner of Community
Affairs pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123), adopted as
N.J.A.C.5:23-3.21, or succeeding subcode,
[
for
which an application for a construction permit has not been
]

shall not
be
declared complete by the enforcing agency
[
before
]

on or after
the first day
of the
[
13th
]

25th

month next following the date of enactment of P.L.2023, c.265
(C.52:27D-123.20),
[
shall
be installed with
]

unless the construction permit application for the new townhouse contains
provisions for the installation
of an automatic fire sprinkler system
in
accordance with the requirements of P.L.2023, c.265 (C.52:27D-123.20)
.�

���� b.��� A newly constructed
townhouse subject to the one- and two-family dwelling subcode, adopted by the
Commissioner of Community Affairs pursuant to section 5 of P.L.1975, c.217
(C.52:27D-123), adopted as N.J.A.C.5:23-3.21, or succeeding subcode, shall not
be subject to the requirement of subsection a. of this section if an
application for a construction permit or an application for development has
been submitted to a State, county, or municipal agency prior to the date of
enactment of P.L.2024, c.42.

���� c.���
(1)
� On or before
the first day of the
[
12th
]

13th
month
next following the date of enactment of
[
P.L.2023,
c.265 (C.52:27D-123.20)
]

P.L.��� , c.��� (pending before the Legislature as this bill)
, the
Commissioner of Community Affairs shall adopt, pursuant to section 5 of the
"State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-123)
and the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1
et seq.), rules and regulations to amend and supplement, as necessary, the one-
and two-family dwelling subcode, and any other necessary components of the
State Uniform Construction Code, to establish standards for the design and
construction of townhouses to comply with P.L.2023, c.265 (C.52:27D-123.20).�
The rules and regulations shall incorporate the provisions of the 2021
International Residential Code, Section R313.1, or any successor model code,
for the installation of an automatic fire sprinkler systems.

����
(2)� A development shall
not be subject to the provisions of this section if, prior to the first day of
the 25th month next following the date of enactment of P.L.2023, c.265
(C.52:27D-123.20), a development plan or subdivision application has been
submitted that pertains to the development, which, for the purposes of this
section, includes but shall not be limited to:

����
(a) �a preliminary or final
approval from a municipal planning or zoning board memorialized by a resolution
of approval;

����
(b) �a developer�s
agreement granted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.);

����
(c)� a redevelopment
agreement entered pursuant to P.L.1992, c.79 (C.40A:12A-1 et al.);

����
(d) �a payment in lieu of
tax agreement;

����
(e) �a fair share plan or
housing element that provides for the development, and is subject to a judgment
of repose or compliance, an affordable housing settlement agreement, or other
approval provided pursuant to the "Fair Housing Act," P.L.1985, c.222
(C.52:27D-301 et al.) or Mount Laurel doctrine; or

����
(f) �a building permit.

���� d.��� As used in this section:

���� "Automatic fire sprinkler
system" means an integrated system of underground and overhead piping
designed in accordance with fire protection engineering standards and shall
include a suitable water supply.� The portion of the system above the ground is
a network of specially sized or hydraulically designed piping installed in a
structure or area, generally overhead, and to which automatic sprinklers are
connected in a systematic pattern.� The system is generally activated by heat
from a fire and discharges water over the fire area.

���� "Townhouse" means a
single-family dwelling unit constructed in a group of three or more attached
units in which each unit extends from foundation to roof and with a yard or
public way on not less than two sides.

(cf: P.L.2024, c.42, s.1)

���� 2.� Section 2 of P.L.2023,
c.265 is amended to read as follows:

���� 2.�
[
This
act
]

P.L.2023, c.265 (C.52:27D-123.20)
shall take effect on the first day of the
[
seventh
]

25th
month next following the date of enactment,
except that the Commissioner of Community Affairs may take anticipatory action
necessary to implement the provisions of
P.L.2023, c.265
(C.52:27D-123.20).

(cf: P.L.2023, c.265, s.2)

���� 3.� This act shall take effect
immediately.

STATEMENT

���� In order to provide sufficient
time for the Department of Community Affairs (DCA) to adopt necessary rules and
regulations, and for developers to prepare to install sprinkler systems in
townhouses, in accordance with the requirements of a recently-enacted statute,
P.L.2023, c.265, this bill would extend and modify certain
implementation-related timelines and requirements in that statute.�

���� Enacted in January 2024,
P.L.2023, c.265 requires the installation of an automatic fire sprinkler system
in new townhouses for which a construction permit application has not been
declared complete prior to August 1, 2024, the first day of the seventh month
following the statute�s enactment.� This bill would modify this requirement so
that a
construction permit application for a new
townhouse subject to the one-and two-family dwelling subcode, adopted by the
Commissioner of Community Affairs pursuant to section 5 of P.L.1975, c.217
(C.52:27D-123), would not be declared complete by the enforcing agency on or
after the first day of the 25th month next following the date of enactment of
P.L.2023,
c.265
, unless the construction permit application for
the new townhouse contains provisions for the installation of an automatic fire
sprinkler system in accordance with the requirements of P.L.2023, c.265.
�

���� The bill also specifies that
the provisions of P.L.2023, c.265 would not apply to a development for which a
developmental site plan or subdivision application has been submitted prior to
the first day of the 25th month following the enactment of P.L.2023, c.265,
including:

�

a preliminary or final approval
from a municipal planning or zoning board memorialized by a resolution of
approval;

�

developer�s agreement;

�

a redevelopment agreement;

�

a payment in lieu of tax agreement;

�

a fair share plan or
housing element that provides for the development, and is subject to a judgment
of repose or compliance, an affordable housing settlement agreement, or other
approval provided under the "Fair Housing Act" or Mount Laurel doctrine
; or

�

a building permit.

���� P.L.2023, c.265 also requires
the Commissioner of Community Affairs to adopt rules and regulations
incorporating International Residential Code guidance pertaining to such
installations by June 1, 2024, the first day of the fifth month following the
date of that statute�s enactment.� The bill would modify this requirement to
allow the commissioner until the first day of the 13th month following the
enactment of this bill, instead of the enactment of P.L.2023, c.265, to adopt
these rules and regulations.