By Bruce Gudin, Esq. of Ehrlich Petriello Gudin & Plaza
On January 13, 2014 the Senate and General Assembly approved and passed P.L.2013, CHAPTER 186, Assembly, No. 3625 concerning emergency operations plans in senior occupied buildings. This act takes effect immediately.
The new law revised P.L.2001, c.80 (C.52:27D-224.1) and amended it to read as follows:
1. a. An owner of a multiple dwelling, as defined under P.L.1967, c.76 (C.55:13A-3), which is comprised of more than 20 dwelling units and reserves occupancy for residents who have attained the minimum age of 55, shall annually prepare and maintain an emergency building evacuation plan for the multiple dwelling, in coordination with the appropriate local fire and emergency response agencies. A copy of the plan shall be filed with the municipal emergency management coordinator.
If the health, safety or welfare of any resident of such a multiple dwelling cannot be maintained during the disruption of essential services as defined pursuant to section 2 of P.L.2003, c.53 (C.52:27D-224.2), the emergency evacuation plan shall provide for individualized evacuation of such a resident.
b. An owner of such a multiple dwelling, shall annually prepare and maintain an emergency building operations plan for the multiple dwelling, in coordination with the municipal emergency management coordinator, to prepare for any possible loss of essential services, such as adequate heat, water, hot water, electricity, gas, or telephone service, and any other substantial disruption to daily living that could result during an emergency. A copy of the plan shall be filed with the municipal emergency management coordinator, and with
any public utility, as defined in R.S.48:2-13, providing service to the multiple dwelling. (cf: P.L.2003, c.53, s.1)
This bill requires age-restricted multiple dwelling owners to annually prepare and maintain emergency building operations plans. An owner of a multiple dwelling, comprised of more than 20 dwelling units, and reserving occupancy for residents of 55 years and older, will be required to maintain an emergency building operations plan in coordination with the municipal emergency management coordinator. The plan would prepare the building for any possible loss of essential services, such as adequate heat, water, hot water, electricity, gas, or telephone service, and any other substantial disruption to daily living that could result during an emergency. A copy of the plan would be filed with the municipal
emergency management coordinator, and with any public utility providing service to the multiple dwelling.
All landlords, investors, property owners and managers should be aware that significant penalties may be in store should they fail to adhere to the law. The complexities involved in the operation of multiple dwellings are substantial in New Jersey, and the laws are written to protect the citizenry of the State. You should always seek to secure qualified legal counsel when faced with a situation involving code enforcement issues.
This was prepared by Bruce E. Gudin, Esq. of the law firm of Ehrlich, Petriello, Gudin, & Plaza, P.C. headquartered in Newark, New Jersey. It is not, nor is it intended to be, legal advice. You should consult an attorney or other qualified professional to discuss your particular matter. The firm can be reached at (973) 643-0040 or on the web at www.EPGP-law.com.