Bill Text: NJ S244 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires owner of building advised of structural safety concern during private inspection to notify municipal code official and DCA; provides for emergency inspection.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2012-06-18 - Referred to Senate Budget and Appropriations Committee [S244 Detail]
Download: New_Jersey-2012-S244-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Requires owner of building advised of structural safety concern during private inspection to notify municipal code official and DCA; provides for emergency inspection.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the inspection of certain multi-level structures, supplementing the "State Uniform Construction Code Act" P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Whenever an owner of a multi-level building or structure, other than a single family home, requests a private inspection of the building or structure for an assessment of the structural safety of the building or structure and a written report is thereafter issued by the architect or engineer who performed the inspection that reveals the existence of structural safety, integrity, or public health concerns requiring immediate correction, the owner shall immediately notify the municipal clerk of the municipality in which the building or structure is located, or if the inspection report is delivered after business hours, the police department having jurisdiction over the building or structure. The owner of the building or structure shall immediately notify the Division of Codes and Standards in the Department of Community Affairs via certified mail, return receipt requested. The owner shall provide all of the information contained in the report to the Division of Codes and Standards in the Department of Community Affairs. Upon receipt of the information the municipal clerk or police department shall immediately notify the official responsible for construction code enforcement in the municipality of the presence of the structural safety, integrity or public health concern. The construction code official shall schedule an emergency inspection of the building or structure within 72 hours of receiving notice from the municipal clerk or police department. The construction code official shall notify the mayor, the police department, and the municipal emergency management coordinator, appointed pursuant to section 8 of P.L.1953, c.438 (C.App.A:9-40.1), of the municipality whenever the emergency inspection determines an imminent hazard exists requiring evacuation, and with regard to a multiple dwelling, the relocation of the occupants of the multiple dwelling is likely pursuant to section 17 of P.L.1967, c.76 (C.55:13A-17). The municipality shall, as soon as practical, approve and issue all permits required in connection with the recommendations provided by the architect or engineer.
b. The architect or engineer who performed the private inspection for the owner of the multi-level building or structure shall forward to the Division of Codes and Standards in the Department of Community Affairs a written copy of the report that reveals the existence of structural safety, integrity, or public health concern requiring immediate correction at the same time that the written report is provided to the owner. Failure to provide such report shall be deemed professional misconduct.
2. An inspector performing an emergency inspection of a multi-level building or structure, other than a single family home, due to a report that reveals the existence of structural safety, integrity, or public health concerns requiring immediate correction, shall review the condition of the building or structure, including the roofs, all supporting walls, and connected structures, for the existence of conditions that need immediate correction to address public health, safety, and welfare concerns. Special attention shall be paid by the inspector to those issues of concern noted in the architect's or engineer's report to the owner of the building or structure pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill imposes requirements on the owner of a structure that has been deemed to be an immediate health and safety hazard, as well as the local code enforcement official, to ensure that a dangerous structural condition in a multi-level building or structure is reported to the appropriate authorities.
The bill provides that if the owner of a multi-level building, other than a single family home, who requests an architect or engineer conduct an assessment of the structural safely of a building, and the architect or engineer discovers concerns regarding the safety or integrity of the building, the owner must immediately notify the municipal clerk of the municipality where the structure is located. If the structural problem is discovered after the business hours of the municipal clerk's office, the owner must notify the police department having jurisdiction over the building. The municipal clerk and police department must inform the official responsible for construction code enforcement within the municipality of the presence of the health or safety concern. The bill requires the owner to notify the Division of Codes and Standards in the Department of Community Affairs by way of certified mail, return receipt requested. The architect or engineer who conducted the inspection must forward a copy of any report issued to the division. Failure to do so will be considered professional misconduct by the architect or engineer. The building must then be inspected, within 72 hours, by the construction code official who must inform the mayor, police department, and the municipal emergency management coordinator if an imminent hazard exists and advise if the building or structure should be evacuated.
