Requires construction permit for certain work involving asbestos on single-family home, duplex, or townhouse.

S3655

SENATE, No. 3655

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Senator� NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

SYNOPSIS

���� Requires construction permit for certain work
involving asbestos on single-family home, duplex, or townhouse.��

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
requiring permit for certain residential construction
work involving asbestos, and supplementing P.L.1984, c.173 (C.34:5A-32 et seq.)
and P.L.1975, c.217 (C.52:27D-119 et seq.).�

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

���� 1.� a.� As used in this
section:

���� "Asbestos" means the
asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite);
amosite (cummuningtonite-grunerite); anthophyllite; tremolite; and actinolite.

���� "Asbestos-containing
material" means any material which contains more than 1 percent asbestos
by weight.

���� "Construction permit"
means a permit issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130).

���� "Duplex" means a
building or structure of one or more stories and any land appurtenant thereto,
and any portion thereof, in which exactly two units of residential dwelling
space are occupied, or are intended to be occupied by two households who live
independently of each other.�

���� "Enforcing agency" means
the same as the term is defined in section 3 of P.L.1975, c.217
(C.52:27D-121).� "Enforcing agency" shall also mean the commissioner,
in municipalities for which the commissioner has assumed the task of
administering and enforcing the State Uniform Construction Code pursuant to
section 10 of P.L.1975, c.217 (C.52:27D-128).�

���� "Single-family home"
means a building or structure of one or more stories and any land appurtenant
thereto, and any portion thereof, in which exactly one unit of residential
dwelling space is occupied, or intended to be occupied by one household.

���� "Townhouse" means a
dwelling unit intended for occupancy by one household, and 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.

���� b.� Notwithstanding any
provision of law to the contrary, an employee, or any other person, performing
functions of application, enclosure, repair, removal, or encapsulation of
asbestos-containing material on the interior or exterior of a single-family
home, duplex, or townhouse, shall first apply to the enforcing agency to obtain
a construction permit.� This permit shall be required in addition to any other
permitting requirements from other enforcement entities.�

���� c.� Unless separately required
by an enforcing agency, or by the rules and regulations adopted by the
Commissioner of Community Affairs pursuant to section 3 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), the requirements
established pursuant to this section shall not apply if the area of asbestos-containing
material to be involved in an application, enclosure, repair, removal, or
encapsulation project consists of less than 1,000 square feet of surface area.�

���� 2.� Pursuant to section 1 of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill), a
construction permit shall be required for certain projects involving the application,
enclosure, repair, removal, or encapsulation of asbestos-containing material on
the interior or exterior of a single-family home, duplex, or townhouse.�

���� 3.� The Commissioner of
Community Affairs shall, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as
necessary to effectuate the provisions of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).

���� 4.� This act shall take effect
on the first day of the third month next following enactment, except the Commissioner
of Community Affairs shall take anticipatory action necessary to effectuate the
provisions of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).

STATEMENT

���� This bill requires a
construction permit for certain work involving asbestos on the interior or
exterior of a single-family home, duplex, or townhouse.�

���� Although work that involves
the handling of asbestos is substantially regulated pursuant to the "Asbestos
Control and Licensing Act," P.L.1984, c.173 (C.34:5A-32 et seq.), and
other statutes and regulations, current law often permits this work to be
conducted without obtaining a construction permit for the purpose of the
asbestos-related work.

���� This bill requires an
employee, or any other person, performing functions of application, enclosure,
repair, removal, or encapsulation of asbestos-containing material on the
interior or exterior of a single-family home, duplex, or townhouse, to first
apply to the construction code enforcing agency to obtain a construction
permit.� This permit is to be required in addition to any other permitting
requirements from other enforcement entities.�

���� Unless separately required by
a construction code enforcing agency, or by the rules and regulations of the
Commissioner of Community Affairs (commissioner), the requirements established by
the bill are not to apply if the area of asbestos-containing material to be
involved in an application, enclosure, repair, removal, or encapsulation
project consists of less than 1,000 square feet of surface area.�

���� The bill directs the
commissioner to adopt rules and regulations as necessary to effectuate the
provisions of the bill.� The bill is to take effect on the first day of the
third month following enactment, except the commissioner is to take
anticipatory action as necessary.