Fire in Luxury High-Rise Underscores DCA's Plan to Require Fire Suppression Systems for Older High-Rises
On October 10th, a four-alarm fire tore through the upper floors of an eighteen-floor luxury high-rise condominium under construction on the Jersey City waterfront. According to the Star Ledger, the blaze proved difficult to fight in part because the building water source and fire suppression system was not completed. Fortunately, there were no injuries and only minimal damages to the building; however, this fire and the possibility of similar fires at older high-rises underscores the logic behind a new proposal by the Department of Community Affairs (“DCA”), which would require older high-rise buildings to add approved fire suppression systems.
While automatic fire suppression systems have been required by state law in residential buildings of six stories or higher since 1989, older condominium and co-op buildings have been exempt from these requirements. That is until the DCA’s recent proposed amendments to the New Jersey’s State Fire Prevention Code, specifically, N.J.A.C. 5:70-4.17, which would require older high-rises – both residential and commercial – to be retrofitted to include fire suppression systems. The DCA indicated that the change was prompted as a result of the special hazard and life-safety issues that high-rises represent in rescue and firefighting operations. The proposed amendments have been submitted by the DCA and are now subject to a sixty day comment period. If enacted, condominium and co-op buildings would have up to four years to install an approved fire suppression system.
Should the proposed amendments be enacted, condominium and co-ops throughout the State may be on the hook for significant expenses in order to retrofit these older building to comply with the new law. While experts estimate the cost for putting fire suppression systems into new construction averages between $1.00 to $2.50 per square foot, adding a fire suppression system to an older building is more difficult and much more expensive. Some estimates range between $5.00 to $7.00 per square foot, which could cost upwards of $25,000 per building. Such costs would, of course, be bourn by the unit owners, which may find themselves paying a special assessment, especially if the association’s reserves are not sufficient to foot the retrofitting bill.
We will continue to monitor this proposal and provide timely updates as to its progress. If you would like to discuss this proposal or how it affects your condominium or co-op in greater detail, please contact David J. Byrne or Jonathan H. Katz.
