Certificate Of Occupancy (Page 2 of 3) in pdf

______________________________________________________________________________

DEPARTMENT OF COMMUNITY AFFAIRS

DIVISION OF FIRE SAFETY

MEMORANDUM

______________________________________________________________________________

TO:

ALL LOCAL ENFORCING AGENCIES

FROM:

LOUIS KILMER, CHIEF –BUREAU OF FIRE CODE ENFORCEMENT

SUBJECT: REQUIREMENTS FOR FIRE EXTINGUISHERS IN ONE- AND TWO-

FAMILY DWELLINGS

DATE:

NOVEMBER 15, 2005

______________________________________________________________________________

The legislature amended and enacted P.L. 1991, c. 92 (C.52.27D-198.1), requiring that all one

and two-family dwellings at a change of occupancy be provided with a portable fire extinguisher,

in addition to the requirements for smoke and carbon monoxide detectors. This provision does

not apply to seasonal rental units. This act was signed into law on April 14, 2005 with an

effective date of November 1, 2005.

The regulations were recently made available for public comment. The comment period has

ended and the final adoption of the regulations will appear in the New Jersey Register in the near

future. The Division of Fire Safety is advising all local enforcing agencies to enforce the

regulation; using the guidelines below.

The requirements for the type and placement of the extinguishers are as follows:

1) At least one portable fire extinguisher shall be installed in all one- and two-family

dwellings (except seasonal rental units) upon change of occupancy;

2) The extinguisher shall be listed, labeled, charged and operable;

3) The size shall be no smaller than 2A:10B:C, rated for residential use and weigh no

more than 10lbs;

4) The hangers or brackets supplied by the manufacturer must be used;

5) The extinguisher must be located within 10 feet of the kitchen;

6) The top of the extinguisher must not be more than 5 feet above the floor;

7) The extinguisher must be visible and in a readily accessible location, free from being

blocked by furniture, storage or other items;

8) The extinguisher must be near a room exit or travel path that provides an escape route

to the exterior;

9) The extinguisher must be accompanied by an owner’s manual or written information

regarding the operation, inspection and maintenance of the extinguisher; and

10) Lastly, the extinguisher must be installed with the operation instructions clearly

visible.

New fire extinguishers are not required to be serviced and tagged, as long as the seller or agent

can provide proof of purchase or receipt.

Until the proposed regulations have been adopted, the statute should be cited for enforcement

purposes. The correct citation is N.J.S.A. 52:27D-198.1.

If you have any questions regarding the implementation of this act or its specific requirements,

please contact our Local Assistance Unit at 609-633-6112.

Certificate Of Occupancy Page 2

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