In re the Appeal of Adoption of N.J.A.C. 5:25A-1.1

The opinion of the court was delivered by

THOMAS, J.A.D.

Appellants are various builders, developers and homeowners. They appeal the adoption of regulations (N.J.A.C. 5:25A-1.1 to - 2.10) by respondent Department of Community Affairs (DCA), pursuant to the New Jersey Home Warranty Act, N.J.S.A 46:3B-1 to -20, which, together, provide the mechanism for establishing damage claims for defective fire retardant plywood (FRT ply*628wood). Specifically, appellants take exception to N.J.AC. 5:25A-1.3.

To place the present litigation in perspective, a brief historical overview is necessary. In order to…