Bill Text: NJ S2636 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes "County Code Pilot Program" for certain counties.*
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-10-29 - Substituted by A3731 (ACS) [S2636 Detail]
Download: New_Jersey-2018-S2636-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Allows county to establish construction code office with authority to issue construction permit for county-owned buildings and structures and enter shared service agreement with municipality for broader code enforcement responsibilities.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing county construction code office and supplementing and amending P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.), the governing body of a county shall have authority to adopt an ordinance or resolution, as applicable, to appoint a construction official, any necessary subcode officials, and technical assistants to assist such officials, to administer and enforce the code in regard to:
(1) buildings and structures owned by the county, including any of its departments, divisions, bureaus, boards, councils, authorities, or other agencies; and
(2) a municipality located within the county's boundaries, with which the county has entered into a shared service agreement pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), for the purposes of administering and enforcing the code.
b. Regardless of any shared service agreement with a municipality, if a building or structure subject to code enforcement is owned by the county, then the county construction official, appointed pursuant to subsection a. of this section, may assume code enforcement responsibilities that could otherwise be the responsibility of a municipal code enforcement official, including the imposition of fees for permit applications and inspections related to construction activities by private parties on county property. However, regardless of the property's ownership, a county construction official may not assume code enforcement responsibilities that the Department of Community Affairs is required to administer, pursuant to subsection c. of section 11 of P.L.1975, c.217 (C.52:27D-129) or any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.).
c. In accordance with the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), a municipality may enter into a shared service agreement with the county in which it is located to administer and enforce the code.
d. The Commissioner of
Community Affairs may adopt rules and regulations,
pursuant to the provisions of the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), as may be deemed necessary to implement
and administer the provisions of this section.
2. Section 3 of P.L.1975, c.217 (C.52:27D-121) is amended to read as follows:
3. Definitions. As used in this act:
"Building" means a structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
"Business day" means any day of the year, exclusive of Saturdays, Sundays, and legal holidays.
"Certificate of occupancy" means the certificate provided for in section 15 of this act, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the State Uniform Construction Code and any ordinance implementing said code.
"Commissioner" means the Commissioner of Community Affairs.
"Code" means the State Uniform Construction Code.
"Commercial farm building" means any building located on a commercial farm which produces not less than $2,500 worth of agricultural or horticultural products annually, which building's main use or intended use is related to the production of agricultural or horticultural products produced on that farm. A building shall not be regarded as a commercial farm building if more than 1,200 square feet of its floor space is used for purposes other than its main use. A greenhouse constructed in conjunction with the odor control bio-filter of a solid waste or sludge composting facility, which greenhouse produces not less than $2,500 worth of agricultural or horticultural products in addition to its function as a cover for the bio-filter, shall be considered a commercial farm building for the purposes of this act, provided, however, that the greenhouse is not intended for human occupancy.
"Construction" means the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair or equipping of buildings or structures.
"Construction board of appeals" means the board provided for in section 9 of this act.
"Department" means the Department of Community Affairs.
"Enforcing agency" means the municipal or county construction official and subcode officials provided for in section 8 of this act, or in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) regarding a county enforcing agency, and assistants thereto.
"Equipment" means plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire prevention equipment, and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities or installations.
"Hearing examiner" means a person appointed by the commissioner to conduct hearings, summarize evidence, and make findings of fact.
"Maintenance" means the replacement or mending of existing work with equivalent materials or the provision of additional work or material for the purpose of the safety, healthfulness, and upkeep of the structure and the adherence to such other standards of upkeep as are required in the interest of public safety, health and welfare.
"Manufactured home" or "mobile home" means a unit of housing which:
(1) Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
(2) Is built on a permanent chassis;
(3) Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
(4) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," Pub.L.93-383 (42 U.S.C. s. 5401 et seq.) and the standards promulgated by the commissioner pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.).
"Municipality" means any city, borough, town, township or village.
"Outdoor advertising sign" means a sign required to be permitted pursuant to P.L.1991. c.413 (C.27:5-5 et seq.).
"Owner" means the owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee, or any other person, firm or corporation, directly or indirectly in control of a building, structure, or real property and shall include any subdivision thereof of the State.
"Premanufactured system" means an assembly of materials or products that is intended to comprise all or part of a building or structure and that is assembled off site by a repetitive process under circumstances intended to insure uniformity of quality and material content.
"Public school facility" means any building, or any part thereof, of a school, under college grade, owned and operated by a local, regional, or county school district.
"State sponsored code change proposal" means any proposed amendment or code change adopted by the commissioner in accordance with subsection c. of section 5 of this act for the purpose of presenting such proposed amendment or code change at any of the periodic code change hearings held by the National Model Code Adoption Agencies, the codes of which have been adopted as subcodes under this act.
"Stop construction order" means the order provided for in section 14 of this act.
"State Uniform Construction Code" means the code provided for in section 5 of this act, or any portion thereof, and any modification of or amendment thereto.
"Structure" means a combination of materials to form a construction for occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land; provided the word "structure" shall be construed when used herein as though followed by the words "or part or parts thereof and all equipment therein" unless the context clearly requires a different meaning.
(cf: P.L.2004, c.42, s.9)
3. Section 10 of P.L.1975, c.217 (C.52:27D-128) is amended to read as follows:
Whenever a municipality or several municipalities decide not to administer and enforce the code or enter into a shared services agreement with the county in which they are located, pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) for the purpose of enforcing the code, and request the commissioner to assume that task, the commissioner shall by regulation provide for the enforcement of the code and this act in said municipality or municipalities and for payment to the State of fees necessary to defray the expenses in furtherance of that end and the commissioner shall have all the powers conferred by this act upon any municipal governing body, chief executive, or enforcing agency and all other powers necessary and convenient to that end, provided that the commissioner shall provide a departmental appeal in lieu of an appeal to a municipal or joint construction board of appeals.
The commissioner shall hold hearings pursuant to [section 6c.] subsection c. of section 6 of this act in order to establish regulations defining the operation of this section.
(cf: P.L.1975, c.217, s.10)
4. This act shall take effect immediately.
STATEMENT
This bill would authorize a county's governing body to adopt an ordinance or resolution to appoint a construction official, and any necessary subcode officials and technical assistants, to administer and enforce the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), in regard to buildings and structures owned by the county. Additionally, the bill would allow a municipality to enter into a shared services agreement with the county in which it is located, pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), for the purpose of enforcing the code.
Regardless of any shared service agreement with a municipality, if a building or structure subject to code enforcement is owned by the county, then this bill would authorize the county construction official to assume code enforcement responsibilities that could otherwise be the responsibility of a municipal code enforcement official. However, regardless of the property's ownership, this bill would not authorize a county construction official to assume code enforcement responsibilities that the Department of Community Affairs is required to administer.
