New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A491

Introduced
1/13/26  

Caption

Requires certain residential buildings to have fire barriers in common attic areas.

Note

A491 integrates these safety regulations into existing laws related to hotel and multiple dwelling inspections, meaning that compliance will be monitored through standard inspection protocols. This consolidation suggests a streamlined process for implementing increased fire safety measures while also ensuring that all qualified residential buildings meet enhanced fire safety standards.

Impact

The bill requires the New Jersey Commissioner of Community Affairs to enact rules and regulations within six months of its effective date that detail how these fire barriers are to be installed in both newly constructed and existing buildings. Importantly, for any ongoing construction projects at the time of regulation adoption, a construction permit cannot be finalized unless it includes provisions for the required fire barriers. All qualified residential buildings will need to conform to these regulations within 180 days following their adoption. This could greatly affect the construction and inspection landscape within the state, particularly for multi-family housing units.

Summary

Assembly Bill A491 mandates that certain residential buildings, specifically those identified as 'qualified residential buildings'—which include any structure of three or more stories with two or more dwelling units—be outfitted with fire barriers in their common attic areas. The goal of this requirement is to enhance fire safety by curbing the spread of fires in open attic spaces, which can otherwise pose significant risks to both residents and firefighters. The bill calls for fire barriers with a fire-resistance rating of at least three hours, thereby allowing for increased time for evacuations and minimizing potential property damage during fire incidents.

Contention

Proponents of A491 argue that requiring fire barriers is a necessary step toward enhancing community safety and preventing catastrophic fire incidents in residential areas. By ensuring that open attic spaces are protected, the risk of extensive damage from fires could be significantly reduced. However, there may be concerns from building owners and developers regarding the financial implications of retrofitting existing structures or the costs associated with meeting these new safety standards.

Companion Bills

NJ S263

Carry Over Requires certain residential buildings to have fire barriers in common attic areas.

NJ A5028

Carry Over Requires certain residential buildings to have fire barriers in common attic areas.

NJ S386

Same As Requires certain residential buildings to have fire barriers in common attic areas.

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