ASSEMBLY, No. 4972 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED OCTOBER 21, 2024
ASSEMBLY, No. 4972
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED OCTOBER 21, 2024
Sponsored by: Assemblyman CLINTON CALABRESE District 36 (Bergen and Passaic) SYNOPSIS Permits single exit stairwells in certain new residential buildings under State Uniform Construction Code. CURRENT VERSION OF TEXT As introduced.
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Permits single exit stairwells in certain new residential buildings under State Uniform Construction Code.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning stairwell requirements for certain new residential buildings and supplementing 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: "Group R-2 occupancy" means a residential occupancy containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature. b. Notwithstanding any provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the State Uniform Construction Code, or any other provision of law to the contrary, the governing body of a municipality may adopt an ordinance or resolution to allow a single exit stairway to serve no more than six stories of a Group R-2 occupancy in the same building. The first floor of such a structure may be used for a purpose other than residential use, provided that use is classified by the commissioner as a nonhazardous occupancy and is served by entrances that are separate from those serving the residential floors. This section shall apply to new applications for development of residential structures submitted on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). c. Notwithstanding the limitations established in section 1 of P.L.2011, c.215 (C.52:14B-3a) concerning the use of regulatory guidance documents, and pursuant to section 1 of P.L.2011, c.215 (C.52:14B-3a), the Commissioner of Community Affairs shall adopt a regulatory guidance publication for the governing body of a municipality, and publish the regulatory guidance on the Internet website of the Department of Community Affairs, which regulatory guidance shall include a model ordinance for the governing body of a municipality to utilize when acting pursuant to the subsection b. of this section. 2. This act shall take effect on the first day of the fourth month next following the date of enactment, except the Commissioner of Community Affairs shall be permitted to take anticipatory action necessary to effectuate the provisions of this act. STATEMENT This bill would permit the governing body of a municipality to adopt an ordinance or resolution to allow a single exit stairway to serve a residential building of less than six stories for a Group R-2 occupancy, as defined in the bill, notwithstanding any provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the State Uniform Construction Code, or any other provision of law to the contrary. The bill specifies that the first floor of such a structure may be used for a purpose other than residential use, provided that use is classified by the Commissioner of Community Affairs as a nonhazardous occupancy and served by entrances that are separate from those serving the residential floors. The requirements of the bill would only apply to new applications for development of residential structures submitted on or after the effective date of the bill. The bill requires the Commissioner of Community Affairs to adopt a regulatory guidance publication for the governing body of a municipality and publish the guidance on the Internet website of the Department of Community Affairs, which is required by the bill to include a model ordinance for the governing body of a municipality to utilize when acting pursuant to the authority granted under the bill. The bill would take effect on the first day of the fourth month next following the date of enactment, except the Commissioner of Community Affairs would be permitted to take anticipatory action necessary to effectuate the provisions of the bill.
An Act concerning stairwell requirements for certain new residential buildings and supplementing 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:
"Group R-2 occupancy" means a residential occupancy containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.
b. Notwithstanding any provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the State Uniform Construction Code, or any other provision of law to the contrary, the governing body of a municipality may adopt an ordinance or resolution to allow a single exit stairway to serve no more than six stories of a Group R-2 occupancy in the same building. The first floor of such a structure may be used for a purpose other than residential use, provided that use is classified by the commissioner as a nonhazardous occupancy and is served by entrances that are separate from those serving the residential floors. This section shall apply to new applications for development of residential structures submitted on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Notwithstanding the limitations established in section 1 of P.L.2011, c.215 (C.52:14B-3a) concerning the use of regulatory guidance documents, and pursuant to section 1 of P.L.2011, c.215 (C.52:14B-3a), the Commissioner of Community Affairs shall adopt a regulatory guidance publication for the governing body of a municipality, and publish the regulatory guidance on the Internet website of the Department of Community Affairs, which regulatory guidance shall include a model ordinance for the governing body of a municipality to utilize when acting pursuant to the subsection b. of this section.
2. This act shall take effect on the first day of the fourth month next following the date of enactment, except the Commissioner of Community Affairs shall be permitted to take anticipatory action necessary to effectuate the provisions of this act.
STATEMENT
This bill would permit the governing body of a municipality to adopt an ordinance or resolution to allow a single exit stairway to serve a residential building of less than six stories for a Group R-2 occupancy, as defined in the bill, notwithstanding any provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), the State Uniform Construction Code, or any other provision of law to the contrary. The bill specifies that the first floor of such a structure may be used for a purpose other than residential use, provided that use is classified by the Commissioner of Community Affairs as a nonhazardous occupancy and served by entrances that are separate from those serving the residential floors. The requirements of the bill would only apply to new applications for development of residential structures submitted on or after the effective date of the bill.
The bill requires the Commissioner of Community Affairs to adopt a regulatory guidance publication for the governing body of a municipality and publish the guidance on the Internet website of the Department of Community Affairs, which is required by the bill to include a model ordinance for the governing body of a municipality to utilize when acting pursuant to the authority granted under the bill.
The bill would take effect on the first day of the fourth month next following the date of enactment, except the Commissioner of Community Affairs would be permitted to take anticipatory action necessary to effectuate the provisions of the bill.