NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0336-08T10336-08T1
TALL TIMBERS PROPERTY OWNERS
ASSOCIATION, INC., PLEASANT
ACRES FARM CAMPGROUND, INC.,
EDWARD TILTON and DEANNA
TILTON,
Appellants,
v.
NEW JERSEY DEPARTMENT OF
COMMUNITY AFFAIRS,
Respondent.
_______________________________________________________
Argued February 23, 2010 - Decided
Before Judges Skillman, Fuentes and Simonelli.
On appeal from the New Jersey Department of Community Affairs.
Dennis A. Estis argued the cause for appellants (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Estis, of counsel and on the briefs; Luke J. Kealy and Robert J. Flanagan, III, on the briefs).
Julie Cavanagh, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Acting Attorney General, attorney; Melissa Raksa, Assistant Attorney General, of counsel; Ms. Cavanagh, on the brief).
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
On November 30, 2006, the Department of Community Affairs (DCA) adopted an interpretive regulation, N.J.A.C. 5:23-9.3, which determined that recreational park trailers are subject to the State Uniform Construction Code (Code), adopted under the authority of the Uniform Construction Code Act (UCC Act), N.J.S.A. 52:27D-119 to -141. On June 17, 2008, the DCA adopted a new set of regulations, which established standards for the design, manufacture, and installation of recreational park trailers, N.J.A.C. 5:23-4D.
Appellants, who are a seller of recreational park trailers, the owner of a campground in which recreational park trailers are installed, and the owners of a recreational park trailer, challenge the validity of these regulations on three grounds: (1) the UCC Act does not confer authority upon the DCA to regulate recreational park trailers under the Code; (2) the DCA's regulation of recreational park trailers is preempted by the National Manufactured Housing Construction and Safety Standards Act (Manufactured Housing Act), 42 U.S.C.A.