Bill Text: NJ S1439 | 2014-2015 | Regular Session | Introduced
Bill Title: Strengthens State construction code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-27 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1439 Detail]
Download: New_Jersey-2014-S1439-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Strengthens State construction code.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the "State Uniform Construction Code Act" and the "Municipal Land Use Law", amending P.L.1975, c.217 and P.L.1979, c.121, and amending and supplementing P.L.1993, c.32.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1975, c.217 (C.52:27D-126) is amended to read as follows:
8. a. The appointing authority of any municipality shall appoint a construction official, and any necessary subcode officials and technical assistants to assist such officials to administer and enforce the code. The appointing authority may, by resolution or order as appropriate, set the total number of weekly hours of operation of the construction official's office and the total number of weekly work hours of the construction official, commensurate with the compensation paid to the construction official. The appointing authority shall not set the specific work hours of the construction official. The appointing authority shall also appoint a construction board of appeals to hear and decide appeals from decisions made by said construction official and subcode officials, in the administration and enforcement of the code. Nothing herein, however, shall prevent a municipality from accepting inspections as to compliance with the code or any subcode thereof made by an inspection authority approved by the State of New Jersey pursuant to law.
b. To establish tenure rights or any other right or protection provided by the "State Uniform Construction Code Act" or Title 11A, Civil Service, of the New Jersey Statutes, or any pension law or retirement system, the job title "construction official" shall be equivalent to that job title which, prior to the adoption of the State Uniform Construction Code as provided in section 5 of the "State Uniform Construction Code Act," entailed the chief administrative responsibility to enforce all construction codes which had been adopted by the municipal governing body, the enforcement of which was not the responsibility of an authorized private inspection agency; and the job title "subcode official" shall be equivalent to that job title which, prior to the adoption of the State Uniform Construction Code, entailed subordinate administrative responsibility to enforce one or more of the following construction codes: building, plumbing, electrical or fire code.
Any person, in a municipality operating under Title 11A, Civil Service, of the New Jersey Statutes, who, prior to the adoption of the State Uniform Construction Code, held the equivalent of the job title "construction" official or "subcode" official, but who no longer holds his position as a result of a determination that his old job title was not equivalent to that of "construction" official or "subcode" official, shall be offered reappointment as a construction official or subcode official, as the case may be, and shall be granted permanent classified status in such position. Tenure shall continue for (1) any construction official or subcode official who is serving under tenure as otherwise provided by law on the effective date of this act or within one year thereafter, or (2) any person certified pursuant to subsection c. of this section and who subsequently gains such tenure.
A construction official or subcode official appointed in a municipality operating under the provisions of Title 11A, Civil Service, of the New Jersey Statutes, who, at the time of adoption of the State Uniform Construction Code, January 1, 1977, or prior to January 1, 1981, had permanent classified status or was employed as a construction official or subcode official or in another position in the unclassified service, shall be included in the classified service without civil service examination in his respective title of construction official or subcode official. Any individual employed by a municipality, who, in his employment with the municipality between January 1, 1977 and prior to January 1, 1981, was charged with the chief administrative responsibility to enforce all existing municipal construction codes, shall be deemed as appointed to the position of construction official for the purposes of this act. Any individual employed by a municipality, who, in his employment with the municipality between January 1, 1977 and prior to January 1, 1981, was charged with chief responsibility to enforce the municipal building, plumbing, fire, or electrical code, shall be deemed as appointed to the position of subcode official for the purposes of this act. No person, on or after January 1, 1981, shall be appointed as construction or subcode official in a municipality operating under Title 11A, Civil Service, of the New Jersey Statutes without having passed an examination administered by the Civil Service Commission certifying the merit and fitness of the person to hold such position; provided that, whenever a noncivil service municipality adopts the provisions of that Title, construction code officials and subcode officials of such municipality appointed prior to the filing of the petition for the adoption of civil service, shall attain permanent status in the classified service without examination. Any construction or subcode official appointed after January 1, 1981 on a provisional basis in a municipality which has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, may not be removed from office except for just cause after a fair and impartial hearing has been held at the local level, with no further appeal to the Civil Service Commission; provided, however, that such a construction or subcode official may be removed to permit the appointment of a person certified for appointment by the Civil Service Commission.
A construction official or subcode official in a noncivil service municipality shall be appointed for a term of four years and shall, upon appointment to a second consecutive term or on or after the commencement of a fifth consecutive year of service, including years of service in an equivalent job title held prior to the adoption of the State Uniform Construction Code, be granted tenure and shall not be removed from office except for just cause after a fair and impartial hearing.
A construction or subcode official, to be eligible for appointment in civil service or noncivil service municipalities, shall be certified by the State of New Jersey in accordance with subsection c. of this section and shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or five years' experience in construction, design, or supervision as an architect or engineer with a bachelor's degree from an accredited institution of higher education; or 10 years' experience in construction, design or supervision as a journeyman in a trade or as a contractor. A subcode official shall, pursuant to any subcode which he administers, pass upon:
(1) matters relative to the mode, manner of construction or materials to be used in the erection or alteration of buildings or structures, except as to any such matter foreclosed by State approval pursuant to this act, and (2) actual execution of the approved plans and the installation of the materials approved by the State. The construction official in each municipality shall be the chief administrator of the "enforcing agency." He shall have the power to overrule a determination of a subcode official based on an interpretation of a substantive provision of the subcode which such subcode official administers, only if the construction official is qualified to act pursuant to this act as a subcode official for such subcode. He may serve as subcode official for any subcode which he is qualified under this act to administer. A subcode official or municipal engineer may serve as a construction official if otherwise qualified under the provisions of this act. The municipal enforcing agency shall require compliance with the provisions of the code, of all rules lawfully adopted and promulgated thereunder and of laws relating to the construction, alteration, repair, removal, demolition and integral equipment and location, occupancy and maintenance of buildings and structures, except as may be otherwise provided for.
Two or more municipalities may provide by ordinance, subject to regulations established by the commissioner, for the joint appointment of a construction official and subcode official for the purpose of enforcing the provisions of the code in the same manner.
c. No person shall act as a construction official or subcode official for any municipality unless the commissioner determines that said person is so qualified, except for the following:
(1) a municipal construction official or subcode official holding office under permanent civil service status, or tenure as otherwise provided by law on the effective date of this act or within one year thereafter and (2) a municipal construction official or subcode official holding office without such permanent civil service status or tenure on the effective date of this act or within one year thereafter; provided said construction official or subcode official not having such permanent civil service status or tenure shall be certified in accordance with this act within four years of the effective date thereof; provided further that a person holding on the effective date of this act a valid plumbing inspector's license from the Department of Health and Senior Services pursuant to Title 26 of the Revised Statutes may serve as a plumbing subcode official and a person holding on the effective date of this act a valid electrical inspector's license from the Board of Public Utilities pursuant to Title 48 of the Revised Statutes may serve as an electrical subcode official. The commissioner, after consultation with the code advisory board, may authorize the preparation and conducting of oral, written and practical examinations to determine if a person is qualified by this act to be eligible to be a construction official or subcode official or, in the alternative, may accept successful completion of programs of training as proof of qualification within the meaning of this act. Upon a determination of qualification the commissioner shall issue or cause to be issued a certificate to the construction official or subcode official or trainee stating that he is so certified. The commissioner, after consultation with the code advisory board, may establish classes of certification that will recognize the varying complexities of code enforcement in the municipalities within the State. The commissioner shall, after consultation with the code advisory board, provide for educational programs designed to train and assist construction officials, subcode officials, and technical assistants to these officials in carrying out their responsibilities.
Whenever the commissioner is required by the terms of this subsection to consult with the code advisory board and the matter in question concerns plumbing subcode officials, the commissioner shall also consult with the Public Health Council and Commissioner of Health and Senior Services.
d. The commissioner, after consultation with the code advisory board, may periodically require that each construction official, subcode official, and technical assistant demonstrate a working knowledge of innovations in construction technology and materials, recent changes in and additions to the relevant portions of the State Uniform Construction Code, and current standards of professional ethics and legal responsibility; or, in the alternative, the commissioner, after consultation with the code advisory board, may accept successful completion of appropriate programs of training as proof of such working knowledge.
e. If the construction official identifies a pattern of code violations in dwelling units within a housing development, and such violations affect framing, fire safety or structural safety, the construction official shall ensure that all similar dwelling units within the development are inspected and that all violations discovered are abated, and may issue a stop construction order for all buildings within the development. If, in any such case, certificates of occupancy have already been issued for any of the affected units, the construction official shall give written notice of such findings, including the name and address of the builder and the nature of the violation or violations, to the department.
(cf: P.L.2009, c.119, s.1)
2. Section 14 of P.L.1975, c.217 (C.52:27D-132) is amended to read as follows:
14. a. The enforcing agency shall periodically inspect all construction undertaken pursuant to a construction permit issued by it to insure that the construction permit and alteration is performed in accordance with the conditions of the construction permit and consistent with the requirements of the code and any ordinance implementing said code.
b. The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the enforcing agency and the department, of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been issued. An inspector, or team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises, and any and all construction thereon, for purposes of ensuring compliance with the provisions of the applicable construction permit, the code, and other applicable laws and regulations. All inspection pursuant to this act shall be between the hours of 9 a.m. and 5 p.m. on business days, or when construction is actually being undertaken, provided, however, that inspections may be conducted at other times if the enforcing agency has reasonable cause to believe that an immediate danger to life, limb or property exists, or if permission is given by an owner, or his agent, architect, engineer or builder. No person shall accompany an inspector or team of inspectors on any inspection pursuant to this act, unless his presence is necessary for the enforcement of this act, or the code, or unless consent is given by an owner or his agent, architect, engineer or builder.
c. If the construction of a structure or building is being undertaken contrary to the provisions of a construction permit, this act, the code, or other applicable laws or ordinances, the enforcing agency may issue a stop construction order in writing which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known, or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. No person shall continue, or cause of allow to be continued, the construction of a building or structure in violation of a stop construction order, except with the permission of the enforcing agency to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the enforcing agency may apply to the appropriate court as otherwise established by law for an order enjoining the violation of the stop construction order. The remedy for violation of such an order provided in this subsection shall be in addition to, and not limitation, of, any other remedies provided by law or ordinance.
d. When an inspector or team of inspectors finds a violation of the provisions of a construction permit, the code, or other applicable laws and regulations at an owner-occupied single-family residence, and issues a notice of violation and an order to terminate the violation, the enforcing agency shall require the same inspector or team of inspectors who found the violation to undertake any subsequent reinspection thereof at the premises. When the same inspector or team of inspectors cannot be assigned to undertake the reinspection, the enforcing agency may assign an available inspector provided the scope of the reinspection shall be limited to the violation for which the reinspection is required. The requirements of this subsection shall not apply to violations of the plumbing or electrical subcodes, or to fire safety code violations, or to any violation of any other subcode that the Department of Community Affairs determines to be a health or safety violation. Nothing in this subsection shall be construed to infringe upon the right of a property owner to request a different inspector, team of inspectors, or supervisor, to perform any required reinspection.
e. Upon a determination by the department that a local enforcing agency is not performing necessary inspections in a timely and responsible manner, the department may direct the local enforcing agency to allow controlled special inspections. Controlled special inspections shall be performed by registered architects or licensed professional engineers paid by the local enforcing agency out of permit fees paid by the builder but independent of the builder's supervision or control. If the cost of a controlled special inspection exceeds the amount of the permit fees paid by the builder, the local enforcing agency shall charge the builder an additional inspection fee to cover the cost of the controlled special inspection.
(cf: P.L.2007, c.149, s.1)
3. Section 20 of P.L.1975, c.217 (C.52:27D-138) is amended to read as follows:
20. a. Any person or corporation, including an officer, director or employee of a corporation, who:
(1) Violates any of the provisions of this act or rules promulgated hereunder;
(2) Constructs a structure or building in violation of a condition of a building permit;
(3) Fails to comply with any order issued by an enforcing agency or the department;
(4) Makes a false or misleading written statement, or omits any required information or statement in any application or request for approval to an enforcing agency or the department;
(5) Knowingly sells or offers for retail sale any item, device or material, the regular and intended use of which would violate any provision of the State Uniform Construction Code;
Shall be subject to a penalty of not more than $2,000 in all cases other than violations relating to single-family construction, in which case the penalty shall be not more than $5,000; provided, however, that any penalties in excess of [$500.00] $500, or $1,000 with regard to single-family construction, per violation may be levied by an enforcing agency only in accordance with subsection e. below.
Paragraph (5) above does not prohibit the retail sale or offering for retail sale of any item, device or material which has more than one regular and intended use, if one of those uses does not violate the code, provided that the item, device or material is not publicly advertised or otherwise promoted by the seller or manufacturer as suitable for a use that would violate any provisions of the code.
b. Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this act or who unreasonably interferes with such an inspection shall be subject to a fine of not more than [$250.00] $250.
c. With respect to subsection a. (3) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop construction order validly issued by an enforcing agency or the department and for each week that he fails to comply with any other order validly issued by an enforcing agency or the department. With respect to subsections a. (1) and a. (4) of this section, a person shall be guilty of a separate offense for each violation of any provision of this act or rules promulgated hereunder and for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency or the department. With respect to subsection a. (2) of the section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
d. The penalties pursuant to this section may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Jurisdiction to enforce such penalties is hereby conferred upon judges of the municipal court, in addition to the courts specified by N.J.S.2A:58-2. Suit may be brought by a municipality or the State of New Jersey. Payment of a money judgment pursuant hereto shall be remitted, in the case of a suit brought by a municipality, to the municipal treasurer and in the case of a suit brought by the State of New Jersey, to the State Treasurer.
e. Penalties in excess of [$500.00] $500, or $1,000 with regard to single-family construction, per violation may be levied by an enforcing agency only as follows:
(1) A penalty for failure or refusal to comply with any lawful order shall not exceed [$1,000.00] $1,000 per violation, however, a penalty not in excess of $2,500 per violation may be imposed if it concerns single-family construction, unless the failure or refusal to comply is done with the knowledge that it will endanger the life or safety of any person, in which case the penalty shall not exceed [$2,000.00] $2,000 per violation, which may be increased to $5,000 per violation if it concerns single-family construction;
(2) A penalty for failure to obtain a required permit prior to commencing construction or for allowing a building to be occupied without a certificate of occupancy shall not exceed [$2,000.00] $2,000 per violation, however, the penalty shall not exceed $5,000 per violation if it concerns single-family construction;
(3) A penalty for failure to comply with a stop construction order shall not exceed [$2,000.00] $2,000 per violation, however, the penalty shall not exceed $5,000 per violation if it concerns single-family construction;
(4) A penalty for willfully making a false or misleading written statement, or willfully omitting any required information or statement in any application or request for approval, shall not exceed [$2,000.00] $2,000 per violation, however, the penalty shall not exceed $5,000 per violation if it concerns single-family construction;
For purposes of this subsection, in an occupied building, only a code violation involving fire safety, structural soundness or the malfunctioning of mechanical equipment that would pose a life safety hazard shall be deemed to endanger the life or safety of a person. In an unoccupied building only a code violation of a requirement intended to protect members of the public who are walking by the property shall be deemed to endanger the life or safety of a person.
(cf: P.L.2003, c.228, s.1)
4. (New section) The Site Improvement Advisory Board shall prepare and submit to the Commissioner of Community Affairs recommendations for lot improvement standards for the purpose of establishing adequate and appropriate standards to ensure that site work for new homes on privately-owned land is designed and constructed so as to protect public health, safety and welfare. The commissioner shall review the recommendations submitted by the board and, following this review, shall establish, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in accordance with the procedures set forth in section 4 of P.L.1993, c.32 (C.40:55D-40.4), a set of Statewide lot improvement standards to be followed by municipalities in granting development approval pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.). Standards established pursuant to this section shall not be inconsistent with those contained in the "State Uniform Construction Code" adopted pursuant to P.L.1975, c. 217 (C. 52:27D-119 et seq.).
5. Section 1 of P.L.1993, c.32 (C.40:55D-40.1) is amended to read as follows:
1. As used in [this act] P.L.1993, c.32 (C.40:55D-40.1 et seq.):
"Board" means the Site Improvement Advisory Board established by [this act] P.L.1993, c.32 (C.40:55D-40.1 et seq.);
"Commissioner" means the Commissioner of Community Affairs;
"Department" means the Department of Community Affairs;
"lot improvement" means any improvement built or installed upon privately-owned land, sold or offered for sale for residential purposes, including but not limited to a driveway, grading, paving or any other improvement or modification of the lot that is not within the scope of the definition of "construction" set forth in section 3 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-121);
"privately-owned land" means land used or intended to be used for residential purposes that is not owned by the United States of America, the State of New Jersey, a county, a municipality, a school district, or any other public board, authority, agency, commission, or council; and
"Site improvement" means any construction work on, or improvement in connection with, residential development, and shall [be limited to,] include: streets, roads, parking facilities, sidewalks, drainage structures, lot improvements, and utilities.
(cf: P.L.1993, c.32, s.1)
6. Section 3 of P.L. 1979, c.121 (C.52:27D-126a) is amended to read as follows:
3. (1) Where the appointing authority of any municipality shall appoint an enforcing agency and construction board of appeals pursuant to section 8 of P.L.1975, c. 217, the municipal governing body by ordinance, in accordance with standards established by the commissioner, shall set enforcing agency fees for plan review, construction permit, certificate of occupancy, demolition permit, moving of building permit, elevator permit and sign permit, provided, however, that such fees shall not exceed the annual costs for the operation of the enforcing agency.
(2) All fees collected by the enforcing agency shall be placed into a trust account and expended solely for funding the operations of the enforcing agency.
(cf: P.L.1979, c.121, s.3)
7. This act shall take effect immediately.
STATEMENT
This bill would amend the "State Uniform Construction Code Act" and the "Municipal Land Use Law" to incorporate recommendations contained in the March, 2005 report of the New Jersey State Commission of Investigation entitled "The Good, the Bad and the Ugly: New Home Construction In New Jersey." The bill would amend the "State Uniform Construction Code Act" to:
· establish requirements for construction officials who discover a pattern of serious code violations within a housing development,
· ensure timely construction code inspections,
· increase penalties under the construction code, and
· clarify the segregation of enforcing fee revenues.
Additionally, the bill would call for the adoption of uniform standards for the construction of lot improvements, including but not limited to, driveways, grading, paving, and other site improvements.
Specifically, the bill would require a construction official who identifies a pattern of code violations, affecting framing, fire safety or structural safety of units within a housing development, to inspect all similar dwelling units and to abate all violations discovered. Under this circumstance, the bill would authorize the construction official to issue a stop construction order for all buildings within the development, and, with regard to units for which certificates of occupancy have been issued, require the construction official to notify the Department of Community Affairs of the official's findings, the name and address of the builder and the nature of the violation or violations.
The bill would authorize the Department of Community Affairs, upon determining that necessary inspections are not being performed in a timely and reasonable manner, to direct the local enforcing agency to allow inspections to be performed by licensed professional engineers or registered architects
The bill would also protect homebuyers by establishing adequate and appropriate standards for lot improvements. While new homes themselves are currently subject to inspection by local enforcing agencies, and streets and other improvements in developments that are going to be taken over by the municipality are subject to inspection by the municipal engineer, site improvements on the lot itself, such as driveways and walkways, are not subject to inspection by any public official or agency. The bill would require the Commissioner of Community Affairs to establish uniform Statewide lot improvement standards, upon recommendation from the Site Improvement Advisory Board, in accordance with the procedures for the adoption of site improvement standards under the "Municipal Land Use Law."
The bill also clarifies that all fees collected under the construction code must be kept separate from other municipal revenues and utilized solely to fund the enforcing agency.
Additionally, the bill would increase the maximum penalties that may be imposed upon violators of the construction code for violations relating to single-family construction from $2,000 to $5,000 per violation.
