S2760/A4384 Legislation
The S2760/A4384 legislation, recently signed into law in New Jersey, primarily aims to enhance the structural integrity and financial stability of residential housing, particularly in condominiums and cooperatives. This law was introduced as a response to concerns about building safety, heightened by incidents like the Champlain Tower South collapse in Florida.
Key Provisions:
- Structural Inspections: The law mandates regular inspections of certain residential buildings referred to as "covered buildings." These include structures made primarily of concrete, masonry, steel, or hybrid materials, but exclude standard stick-frame buildings. The inspections, to be conducted by licensed structural engineers, are required within specific timelines, depending on the building's age and condition. The goal is to proactively identify and address any structural vulnerabilities.
- Reserve Studies and Funding: The law requires all condominium and cooperative associations to have a formal reserve study prepared by a professional that plans for future preventative maintenance and replacement costs. The study must be updated at least every five years. Associations must establish a reserve fund based on recommendations made in the study to ensure sufficient funds are available for the necessary repairs and replacement work. If a reserve fund deficiency is identified, associations must develop a plan to address correct the funding deficiency within a set timeframe.
- Repairs & Preventative Maintenance Requirements: If inspections identify issues requiring repairs or preventative maintenance, the legislation mandates that these issues be addressed promptly, following the specific timelines set by the structural engineer. This approach ensures that any potential hazards are managed before they can escalate.
NJ Energy Benchmarking Compliance Mandate
- The 2018 NJ Clean Energy Act requires that buildings >25,000 square feet on the Covered Buildings List may be required to comply with the new Energy Benchmarking Compliance Mandate by the State's October 1, 2023 compliance deadline.
- Under the 2018 NJ Clean Energy Act, NJBPU defines a commercial building as “a building with a tax assessment classification of Class 4A (Commercial) and Class 4C (Residential)”. “In addition, “commercial” is determined by your building’s property tax assessment business class – Class 4A Commercial and Class 4C Apartments are the covered classes currently required to benchmark their 2022 annual energy consumption by October 1, 2023.
Ordinance 2021-08: Façade Inspection Requirements for Certain Buildings within the Borough of Cliffside Park
- Applies to all existing buildings or buildings construction, which: (1) or more than three (3) stories in height, and/or two (2) consist of masonry, structural steel, stucco or planking, and/or brick attached dwellings in excess of twenty (20) feet.
- A visual façade inspection shall be conducted every five (5) years with the initial inspection completed by December 31, 2022. Thereafter; a façade inspection must be conducted every five (5) years.
Ordinance 2021-09: Structural Inspection Requirements for Certain Buildings within the Borough of Cliffside Park
- Applies to all existing buildings or buildings constructed of steel, stick, brick, stucco or fabricated panel facades, concrete buildings more than four (4) stories in height or buildings consisting of twelve (12) residential units.
- A visual structural inspection shall be conducted every ten (10) years by a licensed engineer or architect. Inspection shall include, but not be limited to, inspection of foundations, balconies, all structural members, and waterproofing. Initial inspections shall be completed by December 31, 2022, thereafter, a structural inspection must be conducted every ten (10) years.
Jersey City, NJ Ordinance 21-054: Structural Inspections of Multi-Story Buildings
This inspection and report must be performed under the direct supervision of a licensed Professional Engineer or Registered Architect.
Structural Inspection Requirements:
- Applies to all existing buildings or buildings constructed hereafter, which are concrete buildings more than six (6) stories in height.
- A visual structural inspection shall be conducted every ten (10) years.
- Inspection shall include, but not be limited to, inspection of foundations, balconies, all structural members, and waterproofing.
- Initial inspections shall be completed by December 31, 2022, thereafter, a structural inspection must be conducted every ten (10) years.
- Structural inspections must be December 31 of each year in which an inspection is mandated. Within thirty (30) days of the inspection, Property Owners, must submit a written Structural Inspection Report.
Jersey City, NJ Ordinance 21-054: Façade Inspections of Multi-Story Buildings
This inspection and report must be performed under the direct supervision of a licensed Professional Engineer or Registered Architect.
Façade Inspection Requirements:
- A façade inspection shall be conducted every five (5) years with the initial inspection completed by December 31, 2023. Thereafter; a façade inspection must be conducted every five (5) years.
- This inspection includes, but not limited to, inspection of all exterior walls and appurtenances.
- Must be completed by December 31 of each year in which the inspection is mandated. Within thirty (30) days of the inspection, Property Owners must submit a written Façade Inspection Report.