Provides remedy for prevailing party in construction code appeal and other incentives for efficient, appropriate administration of State Uniform Construction Code.

A1121

ASSEMBLY, No. 1121

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

SYNOPSIS

���� Provides remedy for prevailing party in construction
code appeal and other incentives for efficient, appropriate administration of
State Uniform Construction Code.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning enforcement and appeal of certain code
enforcement procedures under the State Uniform Construction Code, and amending
and supplementing P.L.1975, c.217.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.1979,
c.121 (C.52:27D-126a) is amended as follows:

���� 3.���
a.
� 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
(C.52:27D-126), 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.� For the three-year period commencing with an enforcing
agency's initial participation in the "Electronic Permit Processing Review
System," developed and implemented pursuant to section 1 of P.L.2021, c.70
(C.52:27D-124.4), the municipal governing body may impose, and the enforcing
agency may collect, construction permit surcharge fees to defray the enforcing
agency's startup costs related to offering electronic plan review and
scheduling.� Surcharge fees shall be established in accordance with standards
established by the commissioner.

����
b. �If an enforcing agency
fails to respond to an application for review or otherwise perform its duties
associated with the inspection and permitting process set forth by P.L.1975, c.
217 (C.52:27D-119, et seq.) within the time period set forth by the commissioner
pursuant to P.L.1975, c.217, s.5 (C.52:27D-123), the enforcing agency shall
forfeit a percentage of the fee to which the enforcing agency would otherwise
be entitled under this section, as follows:

����
(1)�� 15 percent of the fee
if more than 21 days have elapsed since the time of the required review or
inspection, and ��

����
(2)�� An additional 15
percent of the remaining fee for every five days in which the required review
or inspection is delayed thereafter.

����
c.���� If an enforcing
agency requires an additional fee be paid for expedited performance of its
review or inspection under this section, and the review or inspection is not
performed on an expedited basis, the additional fee shall be returned to the
payee of this fee by the enforcing agency.

(cf: P.L.2021, c. 70, s.3)

���� 2.��� (New section)� Any
enforcing agency or official appointed pursuant to section 8 of P.L.1975, c.217
(C.52:27D-126) or licensed under section 1 of P.L.1983, c.35 (C.52:27D-126.2)
shall perform the duties required of an official or enforcing agency under P.L.1975,
c.217 (C.52:27D-119 et seq.) in an efficient and professional manner.� Any
enforcing agency or official, covered by this section, who is found by the
construction board of appeals, under section 9 of P.L.1975, c.217
(C.52:27D-127), to have acted in an abusive or malicious manner in conducting
official inspection, review or permitting duties, may be subject to
disciplinary action, including, but not limited to, the payment of a fine.�

���� The commissioner shall adopt
rules and regulations, pursuant to the provisions of the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the
purposes of this section.

���� 3.� Section 9 of P.L.1975,
c.217 (C.52:27D-127) is amended to read as follows:

���� 9.��� Construction board of
appeals.�

���� a.���� There shall be a
construction board of appeals for each county to hear appeals from
actions
of and
decisions by the enforcing agency provided that any municipality may
establish its own construction board of appeals to hear appeals from
actions
of and
decisions by the enforcing agency and further provided that where
two or more municipalities have combined to appoint a construction official and
subcode officials such combined municipalities may establish a joint
construction board of appeals. Any such municipal or joint board shall hear
appeals from the
actions of and
decisions of the municipal or joint
enforcing agency, as the case may be, instead of the county board.�

���� �Every construction board of
appeals shall consist of five members. Each member of the board shall be
qualified by experience or training to perform the duties of members of the
construction board of appeals. In addition to the five regular members, each
construction board of appeals shall include two special members, one of whom
shall be a licensed professional engineer with municipal construction
experience, and one of whom shall be a builder.� The special members shall
serve as additional members of the board in any case involving an appeal of
municipal fees pursuant to P.L.1995, c.54 (C.40:55D-53.2 et al.).� Board
members shall be appointed for a term of� four years by the appointing
authority of the county or municipality in question or, in the case of a joint
municipal board, by means mutually determined by the governing bodies of such
municipalities.� For the members first appointed, the appointing authority
shall designate the appointees' terms so that one shall be appointed for a term
of one year, one for a term of two years, one for a term of three years, and
two for a term of four years.� Vacancies on the board shall be filled for the
unexpired term.� Members may be removed by the authority appointing them for
cause.� A person may serve on more than one construction board of appeals.�

���� b.��� When an enforcing agency
refuses to grant an application or refuses to act upon application for a
construction permit, or when the enforcing agency makes any other decision,
pursuant or related to this act or the code,
or if the enforcing agency acts
in a manner proscribed by section 2 of P.L��� , c.��� (C.������� )(pending
before the Legislature as this bill),
an owner, or his authorized agent,
may appeal in writing to the county or municipal or joint board, whichever is
appropriate.� The board shall hear the appeal, render a decision thereon and
file its decision with a statement of the reasons therefor with the enforcing
agency from which the appeal has been taken not later than 10 business days
following the submission of the appeal, unless such period of time has been
extended with the consent of the applicant.� Such decision may affirm, reverse
or modify the decision of the enforcing agency or remand the matter to the
enforcing agency for further action.� A copy of the decision shall be forwarded
by certified or registered mail to the party taking the appeal.� Failure by the
board to hear an appeal and render and file a decision thereon within the time
limits prescribed in this subsection shall be deemed a denial of the appeal for
purposes of a complaint, application or appeal to a court of competent
jurisdiction.� A record of all decisions made by the board, properly indexed,
shall be kept by the enforcing agency and shall be subject to public inspection
during business hours.� The board shall provide rules for its procedure in
accordance with this act and regulations established by the commissioner.

����
c.� When an enforcing
agency�s action or decision is appealed, and the board of appeals rules in
favor of the party bringing the appeal, the prevailing party in the appeal
shall be entitled to reimbursement for the reasonable costs associated with
pursuing the appeal of the enforcing agency�s original determination.

(cf: P.L.1995, c.54, s.4)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides for greater
efficiency and accountability in the administration of the State Uniform
Construction Code (UCC), and its various subcodes, which are promulgated by the
Commissioner of Community Affairs pursuant to the "State Uniform
Construction Code Act."� This bill provides redress to those aggrieved in
the inspection, review, and permitting process set forth by the UCC.�
Specifically, this bill would allow for the prevailing party in a construction
board appeal to recoup the costs associated with bringing a successful appeal.

���� The bill further provides that
a construction code official who fails to act professionally in carrying out
the enforcing agency�s responsibilities under the UCC or applicable subcode may
incur financial consequences.� Under this bill, a construction code official
who attempts to carry out inspection, review or permitting responsibilities in
an abusive or malicious manner may be subject to disciplinary action, including
but not limited to the payment of a fine established by rule. Finally, this
bill would improve efficiency in the administration of the UCC and its subcodes
by requiring that certain fees collected by an enforcing agency in conjunction
with plan review and permitting under the UCC be forfeited if the agency does
not perform these duties in a timely manner.