LEGISLATIVE FISCAL ESTIMATE
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 3516
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: MARCH 27, 2023
SUMMARY
Synopsis: “Fire Life Safety Damper and Smoke Control System Inspection
Verification Act”; Requires routine maintenance and periodic testing
of smoke dampers, fire dampers, and smoke control systems in certain
buildings by qualified personnel.
Type of Impact: Annual State and local cost increases, annual State and local revenue
increases.
Agencies Affected: Department of Community Affairs, local governments, various State
agencies.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
Local Cost Increase Indeterminate
Local Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) concludes that the bill will result in indeterminate
annual cost increases to the Department of Community Affairs and local governments,
including certain municipal and county agencies and fire districts, to conduct the required
inspections of fire life safety dampers and newly installed smoke control systems on certain
schedules established by the bill. The department will also incur costs to establish routine
maintenance and operational testing schedules to be adhered to by affected building owners,
to undertake enforcement actions for any instances of non-compliance with the bill’s
provisions, and to maintain compliance records.
 State agencies and local governments with buildings subject to the requirements of the bill will
incur indeterminate cost increases to maintain their systems in compliance with the rules
established by the department and to have the required inspections conducted on their fire life
safety dampers and any newly installed smoke control systems. They will also incur certain
marginal administrative costs to comply with the recordkeeping requirements of the bill.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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 The State and local governments are also expected to experience indeterminate increases in
annual revenue to the extent that fees are established to conduct fire life safety damper and
smoke control system testing, and to the extent that fines are collected from building owners
for violations of the bill’s provisions.
BILL DESCRIPTION
The bill, known as the Fire Life Safety Damper and Smoke Control System Inspection
Verification Act, establishes certain requirements concerning the maintenance and inspection of
fire life safety dampers and smoke control systems. A fire life safety damper required to be
installed pursuant to the State Uniform Construction Code, and a newly-installed smoke control
system in buildings (other than in single-family, two-family, and attached single-family structures)
would be subject to regular testing. Under the bill, a contractor that provides fire life safety damper
or smoke control system testing services is required to hold certain certifications. The bill
establishes processes for certifying buildings tested under the bill and establishes penalty
provisions for violations of the bill.
Certain smoke control system requirements are already established in existing State law
pursuant to the New Jersey International Fire Code and the New Jersey International Building
Code, adopted by Department of Community Affairs. However, the requirements in existing law
differ from those required under the bill.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that the bill will result in indeterminate annual cost increases to the
Department of Community Affairs and local governments, including certain municipal and county
agencies and fire districts, to conduct the required inspections of fire life safety dampers and newly
installed smoke control systems on certain schedules established by the bill. The OLS is unable
to estimate the number of buildings that are currently required to contain fire life safety dampers
under the Uniform Construction Code, but notes that this requirement applies to several types of
residential and non-residential structures, including but not limited to, hotels, apartments, and
treatment centers. The OLS also notes that one federal contractor offering fire and smoke damper
testing charges $29 to $36 per damper. The OLS also cannot foretell the number of additional,
newly installed smoke control systems that will become subject to the requirements of the bill to
determine the costs the department and local governments will incur in conducting inspections of
these systems. It is noted, however, that inspections of these systems can be in excess of $300 per
inspection.
The department will also incur costs to establish routine maintenance and operational testing
schedules to be adhered to by affected building owners and to undertake enforcement actions for
any instances of non-compliance with the bill’s provisions. There will also be a certain amount of
costs to the department to maintain records of compliance with the bill’s provisions.
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State agencies and local governments with buildings subject to the requirements of the bill will
incur indeterminate cost increases to maintain their systems in compliance with the rules
established by the department and to have the required inspections conducted on their fire life
safety dampers and newly installed smoke control systems. They will also incur certain marginal
administrative costs to comply with the recordkeeping requirements of the bill.
The State and local governments will also collect an indeterminate amount of revenue from
any fees established to conduct the required inspections and through the collection of fines
imposed for violations of the bill’s provisions. The OLS notes that existing law allows
municipalities to cover their costs of conducting Uniform Fire Safety Act inspections by
establishing fees to pay for the costs of enforcing the act. The bill also imposes a fine in an amount
to be determined by the department, but at least $150 per day, on a building owner who violates
the provisions of the bill or the technical codes or regulations adopted pursuant to the bill.
However, the OLS does not anticipate extensive non-compliance with the provisions of the bill.
Section: Local Government
Analyst: Abigail Stoyer
Assistant Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).