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S2760 Legislation

Understanding S2760/A4384 Legislation:

In January 2024, the State of New Jersey adopted the S2760/A4384 Legislation, which is designed to put in place appropriate procedures for inspecting, evaluating, and maintaining the structural integrity of certain residential housing structures within this State. The legislation mandates that specific Common Interest Community (CIC) structures undergo inspection and evaluation by a structural inspector licensed in New Jersey, during the pre-construction, construction, and post-construction stages of the buildings. It also ensures that Associations/Owners have sufficient reserve funds on hand to carry out necessary maintenance repairs to the building components and shared spaces.

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As stipulated in the legislation, its provisions are applicable to any residential building that is categorized as use group R-1 or use group R-2, and has a primary load-bearing system made of concrete, masonry, steel, or a hybrid structure. This includes, but is not limited to, heavy timber and buildings with podium decks.

New & Existing Building Initial Structural Inspection Requirements:

  • The initial inspection must take place within the following time frames:
    • For buildings where the certificate of occupancy was issued after January 8, 2024, an initial structural inspection must be performed within the earlier of:
      • 15 years of the date on which the covered building receives a certificate of occupancy.
      • 60 days after observable damage to the primary load bearing system.
    • For buildings where the certificate of occupancy was issued before January 8, 2024, an initial structure inspection must be performed within 2 years.
  • A structural inspector, who must be a licensed Professional Engineer (PE) in New Jersey, is required to issue a written report detailing any necessary repairs to the primary load-bearing system.
  • The structural inspector is tasked with determining a reasonable time frame for the next inspection. However, this must not exceed 10 years after the first inspection, during the first 20 years following the issuance of the Certificate of Occupancy (C.O.), or no more than 5 years if the building is older than 20 years.
  • Reports must be submitted directly by the structural inspector to the municipal appointing authority, the construction official, and the enforcing agency.
  • Buildings made of light timber framing, including those with prefabricated timber truss elements, are exempt from the requirements of the new legislation, unless they are constructed on a concrete podium.

In addition to structural integrity the S2760/A4384 legislature specifies requirements for capital reserve studies for buildings. This proposal does not includes performing a capital reserve study but If requested, O&S can provide a separate proposal.

The Invaluable Role of Engineers and Architects in Inspections:

Engaging the expertise of engineers and architects is integral to the successful implementation of the S2760/A4384 legislation. These professionals bring a unique skill set to the table, combining technical prowess with a keen understanding of architectural design principles. Their roles in the inspection process are multifaceted and include:

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  1. Structural Analysis: Engineers employ their technical expertise to conduct in-depth structural analyses. They assess the integrity of foundational elements, load-bearing structures, and other critical components to ensure that they meet safety standards.
  2. Material Assessment: Engineers are equipped to evaluate the condition of materials used in construction. This includes assessing the durability and resilience of materials over time, identifying signs of wear or deterioration that may compromise structural integrity.
  3. Code Compliance: Architects play a crucial role in ensuring that buildings adhere to local building codes and regulations. They ensure that structural designs align with safety standards and that any modifications or renovations comply with applicable laws.
  4. Aesthetic and Functional Considerations: Architects contribute not only to the structural aspects but also to the aesthetic and functional considerations of a building. This holistic approach ensures that homes are not only safe but also aesthetically pleasing and functional for occupants.

The S2760/A4384 study will assess the condition of the following components and systems to detect any structural distress of the building including, but not limited to:

  1. Building columns, beams and girders where visually observable.
  2. Building façade
  3. Retaining walls
  4. Foundation/ pile caps where visually observable
  5. Balconies
  6. Rooftops and associated structures
  7. Interior lobby spaces
  8. Interior corridor spaces
  9. Interior stairwell spaces
  10. Mechanical rooms
  11. Parking Garage

Read more about the legislation here:

https://nj.gov/governor/news/news/562024/approved/20240108k.shtml

https://www.lawgapc.com/blog/understanding-the-increased-inspection-and-funding-duties-for-community-associations/

Read more about the S2760 Legislation on our website: HERE

Learn about how an engineer can inspect your building: HERE

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