New Jersey § 55:13a-13

§ 55:13a-13.

a. Any retirement community as defined in the “Retirement Community Full Disclosure

Act,” P.L.1969, c. 215 ( C.45:22A-1 et seq. ) shall be exempt from inclusion in the definition of multiple dwellings contained

in paragraph (k) of section 3 of P.L.1967, c. 76 ( C.55:13A-3 ), provided that the retirement community complies with the basic standards relating

directly to fire safety which are established for its buildings by rule or regulation

of the commissioner and provided further, that the retirement community files with

the commissioner, at least once every five years, as evidence of a satisfactory self-inspection,

a completed checklist, which shall be provided by the commissioner, of items established

under the fire safety regulations. The retirement community shall also file a certification, from the municipal fire

protection subcode official or an equally competent person selected and paid by the

municipality in which the retirement community is located, that the self-inspection

has been properly carried out. A fee schedule for certification may be established by the municipality providing

for a charge of up to $8.00 per dwelling unit for each of the first 100 units inspected

and up to $5.00 per unit for each unit inspected thereafter. b. The commissioner may require common area smoke detectors in buildings, and the

retirement community may utilize detector units which are either (1) of the alternating

current (AC) constantly active electric circuit type, which cannot be deactivated

by the operation of any interconnected switching device and which comply with the

latest NJPA-70 (National Electrical Code) requirements or (2) of the battery-powered

single station type. The owners of each unit utilizing any common area shall be jointly responsible for

inspecting the detector unit in the common area and for ensuring that its battery

is inspected periodically and replaced at least annually. c. If the municipality determines, as a result of the most recent self-inspection

of any building or unit as required by this amendatory and supplementary act, that

any building or unit does not comply with the provisions of this amendatory and supplementary

act and regulations promulgated thereunder, then the municipality shall issue to the

nonprofit corporation a written notice stating the manner in which a building or unit

does not comply with this amendatory and supplementary act or regulations promulgated

thereunder. The notice shall fix a date, not less than 60 days nor more then 180 days, upon

which a building or unit shall comply with the provisions of this amendatory and supplementary

act and regulations promulgated, thereunder. If building or unit does not comply with the provisions of this amendatory and supplementary

act and regulations promulgated, on or before the date fixed in the notice, the municipality

shall notify the commissioner, who shall enforce the provisions of P.L.1967, c. 76

( C.55:13A-1 et seq. ) against the nonprofit corporation or the unit owner thereof, based on their respective

liabilities as contained in the nonprofit corporation's master deed, bylaws, and rules

and regulations.