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NEW COMBUSTIBLE MULCH REGULATIONS
By March 4, 2025 Posted in Community Association Law Share
The New Jersey Fire Code has changed as a new regulation aimed at combatting combustible mulch was adopted on April 15, 2024, and is taking effect on April 15, 2025. Pursuant to N.J.A.C. 5:70-3, 305.7, all occupancies who are subject to this regulation will have to remove all combustible landscape materials that are located within 18 inches of the foundation of any building or structure or in the area of any designated smoking area and replace it with noncombustible materials. This product may be replaced with noncombustible materials such as stone or sand. This new regulation applies to most rental properties but does not apply to “owner-occupied, one- and two-family dwellings or attached single family structures used exclusively for dwelling purposes, townhomes that are classified as R3, R4 & R5, and buildings made of noncombustible material, such as warehouses.”
Pursuant to N.J.A.C. 5:70-3, 305.6
The use of combustible landscape materials, such as wood-based mulch products, is prohibited in any of the following conditions:
1. Within 18 inches of any building or structure;
2. Within 18 inches of a deck, porch, balcony, or any other portion of the building constructed of combustible material; or
3. Within 18 inches of any designated smoking area defined in Section 310.2.
Exceptions:
1. Live plant material such as shrubs, flowers and trees provided that they are not beneath a combustible overhang with less than 6 feet of clearance.
2. Non-combustible building or structure exteriors that have no combustible components or trim with less than 3 feet clearance from grade.
3. Fire-resistant mulch.
To prevent mulch fires that have led to property damage, injuries, and even deaths, this new regulation will prohibit the use of mulch around combustible building materials. Wood-based mulch fires often go undetected, which results in larger fires that cause more damage. Mulch fires are also difficult to extinguish once ignited. Despite this regulation excluding owner-occupied, one- and two-family dwellings and most townhomes, all exempted occupancies are encouraged to comply with the new regulation. The New Jersey Department of Community Affairs (DCA), Division of Fire Safety, advises for safety reasons that all exempted buildings follow the provisions of this new regulation.
Apartment buildings and community associations should become familiar with this new regulation and ensure moving forward that their buildings and landscaping conforms with the provisions.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.