New Jersey § 52:27d-133

§ 52:27d-133.

a. In any case in which a change of occupancy of any dwelling unit in a building with

fewer than three dwelling units is subject to a municipal ordinance requiring the

issuance of a certificate of occupancy, certificate of inspection or other documentary

certification of compliance with laws and regulations relating to the safety, healthfulness

and upkeep of the premises, no such certificate shall issue until the officer or agency

responsible for its issuance has determined that: (1) the dwelling unit is equipped

with one or more carbon monoxide sensor devices, or (2) that there is no potential

carbon monoxide hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner

of Community Affairs. b. In the case of an initial occupancy or a change of occupancy of any dwelling unit

in a building with fewer than three dwelling units to which the provisions of subsection

a. of this section do not apply, no owner shall sell, lease or otherwise permit occupancy

for residential purposes of that dwelling unit without first obtaining from the relevant

enforcing agency under the“Uniform Fire Safety Act,” P.L.1983, c. 383 ( C.52:27D-192 et seq. ) a certificate indicating: (1) that the dwelling unit is equipped with one or more

carbon monoxide sensor devices, or (2) that there is no potential carbon monoxide

hazard in the dwelling unit. Any such determination shall be made in accordance with rules adopted by the Commissioner

of Community Affairs. c. The local governing body having jurisdiction over the enforcing agency or, where

the Division of Fire Safety is the enforcing agency, the Commissioner of Community

Affairs, may establish a fee which covers the cost of inspection and of issuance of

the certificate; however, if an inspection is being made and a certificate is being

issued evidencing compliance with section 2 of P.L.1991, c. 92 ( C.52:27D-198.2 ), the fee authorized therein shall cover the costs of complying with this section. d. For the purposes of this section: “ Carbon monoxide sensor device ” means a carbon monoxide alarm or detector that bears the label of a nationally recognized

testing laboratory, and has been tested and listed as complying with the most recent

Underwriters Laboratories standard 2034 or its equivalent. “ Dwelling unit ” means a structure, or a room or group of rooms within a structure, used or intended

for use, in whole or in part, for residential purposes. e. An owner who sells, leases or otherwise permits occupancy of a dwelling unit without

complying with the provisions of this section shall be subject to a fine of not more

than $100, which may be collected and enforced by the local enforcing agency by summary

proceedings pursuant to “The Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). f. This section shall become operative on the 61st day after enactment of P.L.2003, c.44 ( C.52:27D-133.5 et al.) .