Bill Text: NJ S1998 | 2020-2021 | Regular Session | Introduced
Bill Title: Clarifies proper authority to administer and enforce State construction code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-05 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1998 Detail]
Download: New_Jersey-2020-S1998-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Clarifies proper authority to administer and enforce State construction code.
CURRENT VERSION OF TEXT
As introduced.
An Act clarifying the proper authority to administer and enforce the State construction code and amending P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1975, c.217 (C.52:27D-129) is amended to read as follows:
11. [State buildings and buildings of interstate agencies; outdoor advertising signs on public property.] a. (1) Notwithstanding any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.) [,] :
(a) the Department of Community Affairs shall have authority to administer and enforce the code in regard to buildings and structures owned by the State, and [any of] its departments, divisions, bureaus, boards, councils, authorities or other agencies [; provided, however, that the Division of Building and Construction in the Department of the Treasury shall have authority to conduct field inspections for the purpose of enforcing the code in buildings built under its supervision. The Division of Building and Construction shall be authorized to review plans and undertake construction if the Department of Community Affairs cannot approve plans within the 20-day period provided for in P.L.1975, c.217];
(b) the local enforcing agency of a municipality shall have authority to administer and enforce the code with regard to buildings and structures owned by the municipality;
(c) the authority to administer and enforce the code with regard to buildings and structures owned by the federal government shall be determined under federal law and agreements entered into pursuant to subsection b. of section 6 of P.L.1975, c.217 (C.52:27D-124);
(d) the authority to administer and enforce the code with regard to a building or structure owned by a public entity and leased to either a private entity or to another public entity, or owned by a private entity and leased to a public entity, shall be determined on the basis of which entity has the responsibility to maintain the building or structure, and has the authority to undertake a construction project at the building or structure.
(2) (a) If a public entity is the lessee of a building or structure but has neither the responsibility to maintain the building or structure nor the authority to undertake a construction project at the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure shall be based upon the status of the owner of the building or structure.
(b) If a public entity is the lessee of a building or structure owned by a private entity but the public entity exerts substantial control over the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure shall be based upon the status of the lessee of the building or structure.
(c) If a public entity owns a building or structure, leases the building or structure to a private entity, and provides the private entity the responsibility to maintain the building or structure and the authority to undertake a construction project at the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure shall be based upon the status of the lessee.
(d) If a building or structure is owned by one entity and the land on which it is constructed is owned by another entity, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure shall be based upon the status of the owner of the building or structure, not the owner of the land.
(3) In an emergency or cost savings situation, the commissioner may delegate, by rule, the authority to conduct field inspections for the purpose of enforcing the code. [The Division of Building and Construction and any] A public or private agency [which receives such a delegation] delegated to conduct field inspections pursuant to this section shall carry out [any review or inspection] its responsibilities with persons certified by the Commissioner of Community Affairs pursuant to the provisions of P.L.1975, c.217.
(4) The Department of Community Affairs shall have ultimate responsibility for insuring that all buildings conform to the requirements of the code.
b. Construction, alteration, renovation, rehabilitation, repair, removal or demolition of any building or structure situated wholly within New Jersey by or for an agency created by an interstate compact to which the State of New Jersey is a party shall be subject to the provisions of the code; provided that such interstate agency shall have exclusive authority to administer and enforce the code in regard to such buildings and structures.
c. Notwithstanding any other provision of law, rule or regulation to the contrary, except for signs which advertise or otherwise identify activities performed on the property on which the sign is located, the Department of Community Affairs shall be the sole enforcing agency with regard to outdoor advertising signs which exceed 32 square feet in area on any face and which are located on land owned or controlled by any public entity, including but not limited to any State, county or local department, agency, board, commission, authority or instrumentality.
(cf: P.L.2004, c.42, s.10)
2. This act shall take effect immediately.
STATEMENT
This bill would clarify the proper authority to administer and enforce the State construction code under various circumstances. Because of confusion over which entity is the appropriate authority to issue permits and conduct inspections of a building or structure that is either owned by a governmental entity and leased to a private entity or to another governmental entity, or owned by a private entity and leased to a governmental entity, the Department of Community Affairs issued Bulletin 93-2. This bill would codify Bulletin 93-2.
Under the bill, the local enforcing agency of a municipality has the authority to administer and enforce the code with regard to buildings and structures owned by the municipality. The authority to administer and enforce the code with regard to buildings and structures owned by the federal government are determined under federal law and agreements entered into between the Commissioner of Community Affairs and federal government agencies.
As a general matter, the bill provides that the proper authority to administer and enforce the code if a building or structure undergoing construction is owned by a public entity and leased to either a private entity or to another public entity, or owned by a private entity and leased to a public entity, is determined on the basis of whether the public entity retains the responsibility to maintain the building or structure and the authority to undertake a construction project at the building or structure.
The bill specifically addresses four possible circumstances involving leased buildings and structures:
1. If a public entity is the lessee of a building or structure but has neither the responsibility to maintain the building or structure nor the authority to undertake a construction project at the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure is based upon the status of the owner of the building or structure.
2. If a public entity is the lessee of a building or structure owned by a private entity but the public entity exerts substantial control over the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure is based upon the status of the lessee of the building or structure.
3. If a public entity owns a building or structure, leases the building or structure to a private entity, and provides the private entity the responsibility to maintain the building or structure and the authority to undertake a construction project at the building or structure, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure is based upon the status of the lessee.
4. If a building or structure is owned by one entity and the land on which it is constructed is owned by another entity, the determination of the appropriate authority to administer and enforce the code with regard to the building or structure is based upon the status of the owner of the building or structure, not the owner of the land.
