Cal. Civ. Code § 5:10-25.2
Application to the Department
Operative Text
(a) Any manufacturer, distributor or other person seeking approval for use of a device or system of devices for indirect apportionment of heating costs in a multiple dwelling shall submit two copies of the following information, as well as the appropriate fee, at such time as the fee shall be determined in accordance with N.J.A.C. 5:23-4.20(d), to the Bureau of Construction Project Review, PO Box 817, Trenton, NJ 08625. The Bureau of Construction Project Review will forward one copy of the information document to the Bureau: 1. The name and address and social security or taxpayer identification number of the applicant for approval; 2. The name and address of the general partner(s) or corporate officer(s), if applicable; 3. A description of the device or system of devices, including a narrative description, schematics, and any test certifications or listings of components; 4. A description of the method for computing energy consumption based on measurements recorded by the device or system of devices, using commonly recognized standard American units; 5. A description of any calculations used to convert standard units and any subsequent calculations used to arrive at occupant usage; and 6. A description of any calculations used to arrive at a unit cost charged occupants. (b) Approved devices and systems shall be placed on a list to be maintained by the Bureau of Construction Project Review. The list shall be made available to any interested party on request. 1. An owner of a multiple dwelling shall not submit an application for use of such a device or system to the Bureau unless the device or system is on the Department's list of approved devices and systems. (c) An owner of a multiple dwelling who proposes to institute a method or system for indirect apportionment of heating costs shall provide the following information to the Bureau: 1. The make and identifying number of the device or system for indirect apportionment of heating costs that is proposed to be installed; 2. The name, address and social security or taxpayer identification number of the owner of the building; 3. The name and address of the building manager, if applicable; 4. The address and registration number of the multiple dwelling; 5. The number of dwelling units; 6. A copy of all written information related to heating costs that is provided to existing or prospective occupants, including applicable lease terms; 7. A copy of the billing format used or proposed to be used to bill unit occupants for apportioned heating costs, which shall include, but not be limited to, the following: i. Billing date; ii. Billing period; iii. Measurement units and formula used for calculating energy use, the energy usage calculated from that reading, and the charge per unit for energy; iv. A statement that the bill is not from the utility; v. A statement that the total of the bills for the dwelling units shall not exceed the cost for the heating of all dwelling units that is paid to the utility, and the amount of that total charge; and vi. A local or toll-free number of the landlord or the landlord's authorized agent that an occupant can call to obtain information, to request service or maintenance, or to submit complaints. 8. A copy of information concerning indirect apportionment of heating costs, which shall be provided to existing and prospective occupants, including: i. A statement of the range of accuracy of the system when it is functioning properly; ii. Average square foot apportioned heating cost for the building over the last heating season, if the apportionment system was already installed, or an estimate based upon manufacturer's data or information from a similar installation; iii. For each occupant, the square footage of that occupant's unit; and iv. A statement of the maintenance schedule for the system; 9. A proposed schedule of inspection and maintenance of the indirect apportionment system.
N.J.A.C. § 5:10-25.2 establishes a two-track approval process for indirect heating-cost apportionment systems in New Jersey multiple dwellings. First, manufacturers or distributors must submit detailed technical and financial information to the Bureau of Construction Project Review to get a device or system placed on an approved list. Second, once a device is on that approved list, a building owner who wants to install such a system must separately submit a comprehensive package of building, billing, and occupant-disclosure information to the Bureau before proceeding. No owner may apply to use a device that has not already received Department approval and been placed on the approved list.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-25.2, a compliant building owner first confirms that any intended indirect heating-apportionment device or system appears on the Department's approved list maintained by the Bureau of Construction Project Review before filing any application. When submitting to the Bureau, operators typically prepare a complete package that includes building registration details, the number of dwelling units, copies of all occupant-facing heating-cost disclosures and lease terms, a billing format meeting the provision's specific line-item requirements, and a proposed inspection and maintenance schedule. Keeping thorough records of all submitted materials and the Bureau's responses supports ongoing compliance with this regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-25.2 gives tenants in multiple dwellings certain informational protections when a landlord uses an indirect heating-cost apportionment system. Landlords are required to provide occupants with written disclosures that include the system's accuracy range, the square footage of each unit, average apportioned heating costs, and a local or toll-free contact number for questions, service requests, or complaints. Tenants who believe these disclosures are missing or that their bills exceed the total utility charge paid by the landlord may consider contacting the New Jersey Department of Community Affairs or a local tenant-rights organization to understand available remedies under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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