The Legislature amended and enacted P.L.1991, c. 92 (C.52:27D-198.1)requiring that all one- and two-family dwellings at a change of occupancy be provided with a portable fire extinguisher, in addition to the requirements for smoke and carbon monoxide detectors. This provision does not apply to seasonal rental units. This act was signed into law on April 14, 2005 with an effective date of November 1, 2005.

The regulations were recently made available for public comment. The comment period has ended and the final adoption of the regulations will appear in the New Jersey Register in the near future. The Division of
Fire Safety is advising all local enforcing agencies to enforce the regulations; using the guidelines below.

The requirements for the type and placement of the extinguishers are as follows:

1) At least one portable fire extinguisher shall be installed in all one- and two-family dwellings (except seasonal rental units) upon change of occupancy;

2) The extinguisher shall be listed, labeled, charged, and operable;

3) The size shall be no smaller than 2A:10B:C, rated for residential use and weigh no more than 10lbs;

4) The hangers or brackets supplied by the manufacturer must be used;

5) The extinguisher must be located within 10 feet of the kitchen;

6) The top of the extinguisher must not be more than 5 feet above the floor;

7) The extinguisher must be visible and in a readily accessible location, free from being blocked by furniture, storage, or other items;

8) The extinguisher must be near a room exit or travel path that provides an escape route to the exterior;

9) The extinguisher must be accompanied by an owner’s manual or written information regarding the operation, inspection, and maintenance of the extinguisher;

10) Lastly, the extinguisher must be installed with the operating instructions clearly visible.

New fire extinguishers are not required to be serviced and tagged, as long as the seller or agent can provide proof of purchase or receipt.