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S3941
SENATE, No. 3941
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 12, 2026
Sponsored by:
Senator� BRITNEE N. TIMBERLAKE
District 34 (Essex)
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Concerns accessibility in certain multistory
buildings; provides for penalties.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning access
ibility
in multistory buildings
and supplementing P.L.1967, c.76.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a. For the purposes of
this section:
���� �Division� means the Division
of Codes and Standards in the Department of Community Affairs.
���� �Multistory building� means a
hotel or multiple dwelling building with two or more floors.� �Multistory
building� shall not include owner-occupied single- or multi-family buildings
having less than four dwelling units.
���� �Person with a disability�
means a person with a physical disability, infirmity, malformation, or
disfigurement which is caused by bodily injury, birth defect, aging, or illness
including epilepsy and other seizure disorders, and which shall include, but
not be limited to, any degree of paralysis, amputation, lack of physical
coordination, or physical reliance on a service animal, wheelchair, or other
remedial appliance or device.
���� �Property owner� means the
owner of a multistory building.�
���� b.� Within 18 months of the
date of enactment of P.L.��� , c.��� (C. )
(pending before the Legislature as this bill), a property owner shall ensure
access to and from each floor of the multistory building for persons with a
disability, including in the event of an elevator outage through:
���� (1)� for a multistory building
that provides elevator service, restoration of elevator service for at least
one elevator in the building, within two hours of notification of an elevator
outage; or
���� (2)� for multistory buildings
without an elevator or if an elevator outage lasts longer than two hours, means
of access to and from each floor of a multistory building, other than through
elevator service which may include, but shall not be limited to, evacuation
chairs, ramps, or motorized stairlifts.
���� c.� A property owner shall, in
the event of an elevator outage, immediately notify residents of the multistory
building of the elevator outage and provide an estimated time of elevator
service restoration.
���� d.� For the purpose of
enforcing the provisions of this section, the division shall:
���� (1) �establish a form and
manner for a resident of a multistory building to report a violation of this
section;
���� (2) �periodically conduct
inspections of multistory buildings for compliance with this section;
���� (3) �conduct investigations of
violations and reported violations of this section; and
���� (4) �impose penalties pursuant
to subsection e. of this section.
���� e.� (1)� A property owner who
violates the provisions of this section shall be liable for a penalty of not
more than:
���� (a) �$500 for the first
violation in a given calendar year, and not more than $500 for each continuing
violation associated with the first violation;
���� (b) �$1,000 for a second or
subsequent violation in a given calendar year, and not more than $1,000 for
each continuing violation associated with the second violation; and
���� (c) �$2,500 for any violation
if the violation determined by the division to create an acute health or safety
risk, and not more than $2,500 for each continuing violation associated with an
acute health or safety risk violation.
���� (2)� Where any violation of
this section is of a continuing nature, each day during which the continuing
violation remains unabated, shall constitute an additional, separate, and
distinct violation.� A penalty pursuant to this subsection may be collected
pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.).
���� (3)� Notwithstanding the
provisions of this subsection to the contrary, a property owner shall not be
liable for a penalty if the property owner can demonstrate an active contract
with an elevator servicer or the presence of alternative means of access to and
from each floor of the multistory building.
���� f.� Notwithstanding any
provision of law to the contrary, the Director of the Division of Codes and
Standards may recommend, and the Commissioner of Community Affairs may,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt revisions to the barrier free subcode authorized
pursuant to paragraph (5) of subsection b. of section 5 of P.L.1975, c.217
(C.52:27D-123) to ensure persons with a disability have sufficient access to
each floor of a multistory building, including in the event of an elevator
outage.
���� g.� Nothing in this section
shall be construed to:
���� (1) limit the applicability of
the federal "Americans with Disabilities Act of 1990," (42 U.S.C.
s.12101 et seq.), or other applicable federal law;
���� (2) prohibit a municipality
from adopting an ordinance that is consistent with P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), enforcing and imposing
additional penalties for violations of such municipal ordinance.
���� 2.� The Director of the
Division of Codes and Standards in the Department of Community Affairs shall
establish a grant program to assist property owners in
purchasing accessibility equipment utilizing funds made available to the
division for such purpose
.
���� 3.� Notwithstanding the
deadline imposed by subsection b. of section 1 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), a property owner experiencing
financial hardship or structural limitations may apply to the Division of Codes
and Standards in the Department of Community Affairs for an extension of not
more than 12 months to comply with the provisions of P.L. , c.���
(C.������� ) (pending before the Legislature as this bill) in a form and manner
to be determined by the director of the division.
���� 4.� This act shall take effect
immediately.
STATEMENT
���� This bill requires owners of
multistory buildings, as that term is defined in the bill, to ensure access to
and from each floor of the multistory building for persons with a disability,
including in the event of an elevator outage through (1) restoration of
elevator service within two hours of notification of an elevator outage; or (2)
alternative means of access to and from each floor of a multistory building
which may include evacuation chairs, ramps, and motorized stairlifts.�
���� The Division of Codes and
Standards in the Department of Community Affairs is to be tasked with the
enforcement of the provisions of the bill and required to receive reports of
violations of bill, conduct inspections of multistory buildings, conduct investigations
of violations of the bill, and impose penalties.� A property owner would not be
liable for a penalty, however, if they can demonstrate an active contract with
an elevator servicer or the presence of alternative means of access to and from
each floor of the multistory building.
���� The bill requires property
owners to comply with its provisions within 18 months of enactment, but allows
a property owner experiencing financial hardship or structural limitations to
seek an extension of not more than 12 additional months from the division.
���� The bill requires the division
establish a grant program to assist property owners in purchasing accessibility
equipment utilizing funds made available to the division for such purpose.
���� The bill also permits the
Director of the Division of Codes and Standards to recommend, and the
Commissioner of Community Affairs to adopt, revisions to the barrier free
subcode to ensure persons with a disability have sufficient access to each
floor of a multistory building, including in the event of an elevator outage.
���� The bill also expressly
permits municipalities to adopt ordinances consistent with the bill�s
provisions and impose additional penalties for violations of such ordinances.