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A1204
ASSEMBLY, No. 1204
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Fantasia, Assemblyman Simonsen, Assemblywoman
Drulis and Assemblyman Freiman
SYNOPSIS
���� Requires enforcing agency to conduct inspection of
construction in specified time window.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning inspection of construction by an
enforcing agency and amending P.L.1975, c.217.�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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 ensure that the construction or 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
]
inspections
pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.) shall be between the hours
of 9 a.m. and 5 p.m. on business days or at another time that has been agreed
upon by the owner and the relevant inspecting entity, whether the enforcing
agency, department, or private on-site inspection agency, 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 the owner's agent, architect, engineer or
builder.� No person shall accompany an inspector or team of inspectors on any
inspection pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), unless the
person's presence is necessary for the enforcement of P.L.1975, c.217
(C.52:27D-119 et seq.), or the code, or unless consent is given by an owner or
the owner's 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, P.L.1975, c.217 (C.52:27D-119 et seq.), 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
or 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 in 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.��� The owner, agent, or
other responsible person in charge of work shall notify the enforcing agency
when the work is ready for any required inspection under the code.� This notice
shall be given in writing at least 24 hours prior to the date and time requested
for the inspection.� The enforcing agency shall perform an inspection within
three business days of the date for which the inspection is requested.� The
owner, agent, or other responsible person in charge of work may provide oral
notice for inspections of minor work projects, as defined by the code.�
���� (1)� The owner, agent, or
other responsible person in charge of work shall be present and prepared at the
time of any inspection that has been scheduled upon the owner, agent, or other
responsible person's request.� A failure by the owner, agent, or other responsible
person in charge of work to be present and prepared for inspection shall be
considered a failed inspection.
���� (2)� If the enforcing agency
is unable to perform a requested inspection within three business days of the
date for which the inspection is requested,
or during the time window set
pursuant to paragraph (5) of this subsection,
the enforcing agency shall
inform the owner, agent, or other responsible person in charge of work in
writing within 24 hours of receiving the request
that it is unable to
perform the inspection within three business days, and no less than 24 hours
prior to the start of the four-hour
time window set pursuant to
paragraph (5) of this subsection if it is unable to perform the inspection
during that window
, at which time the enforcing agency and the owner,
agent, or other responsible person in charge of work may agree to a different
date and time for inspection.� The enforcing agency shall commit the agreed
upon inspection date to writing and provide a copy to the owner, agent, or other
responsible person in charge of work.
���� (3)� If the enforcing agency
is unable to perform the requested inspection within three business days of the
date for which the inspection is requested and the enforcing agency and the
owner, agent, or responsible person in charge of work are unable to come to an
agreement pursuant to paragraph (2) of this subsection, the owner, agent, or
other responsible person in charge of work may choose to contract with a
private on-site inspection agency authorized by the department to conduct
on-site inspections pursuant to paragraph i. of section 6 of P.L.1975, c.217
(C.52:27D-124) to perform the requested inspection or inspections.
���� (a)�� The owner, agent, or
other responsible person in charge of work shall notify the enforcing agency in
writing of any choice to utilize an authorized private on-site inspection
agency to conduct the requested inspection or inspections.
���� (b)� The owner, agent, or
other responsible person in charge of work may elect to utilize the private
on-site inspection agency to conduct all subsequent associated inspections.� In
the event of a project with multiple units in one building, this provision shall
apply to the specific unit or units affected by the inspection delay.
���� (c)�� The use of a private
on-site inspection agency by an owner, agent, or other responsible person for
on-site inspections shall be subject to the conflict-of-interest provisions in
the code.� In addition to those requirements, no private on-site inspection agency
shall perform an inspection for any owner, agent, or other responsible person
in charge of work, if an owner, agent, or other responsible person is currently
employed by or affiliated with any individual affiliated with the private
on-site inspection agency or has employed or was associated with an individual
affiliated with the private on-site inspection agency within a timeframe
established by the commissioner by regulation.
���� (d)� The enforcing agency
shall, if warranted, provide a fee reconciliation to the owner for an
inspection completed by a private on-site inspection agency as a result of a
missed inspection.� The enforcing agency shall perform the reconciliation at
the conclusion of the project.� This reconciliation shall be based on the fees
already paid less administrative costs for the enforcing agency and shall not
exceed the amount already paid for the project, nor shall it exceed the amount
that the enforcing agency is authorized to impose for inspections, and shall
take into account the administrative costs of the enforcing agency.
���� (4)� If the owner, agent, or
other responsible person in charge of work believes an enforcing agency has
demonstrated a repeated inability to conduct inspections for a construction
project within the timelines required by this section, as established by the commissioner
by regulation, the owner, agent, or other responsible person in charge of work
may notify the department in writing to request authorization to utilize an
authorized private on-site inspection agency.� Within 15 business days of
receiving a notification under this paragraph, the department shall determine
whether the enforcing agency has demonstrated repeated inability, and, if the
department determines, shall authorize the owner, agent, or other responsible
person in charge of work to utilize an authorized private on-site inspection
agency for all or a portion of the necessary inspections for the remainder of
the project.
����
(5)� The enforcing agency
shall notify, in writing, within 24 hours of receiving a request for an
inspection, and not later than 24 hours prior to the start of a time window set
for an inspection, the owner, agent, or other responsible person in charge of
work, of the four-hour time window, during which the enforcing agency will
conduct the inspection.� The owner, agent, or other responsible person in
charge of work, may file on the department�s Internet website, a complaint
against a local enforcing agency for violations of this paragraph.
�
Municipalities
in which the Department of Community Affairs acts as the local enforcing
agency, and projects in which the Department is the sole enforcing agency,
shall not be subject to the provisions of this paragraph.�
���� f.���� Each enforcing agency
shall establish a process for ensuring inspections are performed within three
business days of a requested inspection date, as required by subsection e. of
this section
, and that the applicable enforcing agency performs the
inspection within the four-hour time window set pursuant to paragraph (5) of
subsection e. of this section, or that notice is provided pursuant to paragraph
(2) of subsection e. of this section
.� Authorized processes include, but
are not limited to, the use of supplemental shared services agreements with
other municipalities or enforcing agencies or the use of contracted private
on-site inspection agencies, including supplemental private on-site inspection
agencies.
���� g.��� (1)������ At timeframes
established by the commissioner by regulation, adopted in accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
the municipal construction official shall submit an annual report detailing
compliance with the code.� The report shall include, at a minimum information
related to the staffing, staff titles, and expenses of the enforcing agency, in
addition to any other information required by the commissioner.� The annual
report shall take into account projected work and agency resource needs for the
next budget year.
���� (2)� A municipality that
enters into a contract for supplemental services pursuant to subsection f. of
this section shall provide a copy of the contract to the department upon
entering into the contract.
���� (3)� The information required
by paragraphs (1) and (2) of this subsection, in addition to the inspection
log, the municipal monthly activity reports, and the fee schedule shall be
maintained by the municipal construction official or enforcing agency, and the
municipal construction official or enforcing agency shall make the information
and documents described in this paragraph available to the department upon
request.
���� (4)� The department may
utilize the information provided pursuant to this subsection to determine
appropriate staffing levels for the enforcing agency.� If the department
determines that an enforcing agency has not maintained appropriate staffing
levels, the department may require the municipality to take corrective actions
to ensure that the enforcing agency's staffing needs are met.
���� (5)� The department may take
corrective action, including the issuance of penalties, pursuant to subsection
k. of section 6 of P.L.1975, c.217 (C.52:27D-124), if an enforcing agency fails
to maintain or provide the information required by this subsection or maintain
appropriate staffing levels, as determined by the department pursuant to
paragraph (4) of this subsection.
���� h.��� If an enforcing agency
is unable to meet its obligations under P.L.1975, c.217 (C.52:27D-119 et seq.),
the enforcing agency shall promptly notify the department within 15 business
days.� The department may take corrective action, including the issuance of
penalties, pursuant to subsection k. of section 6 of P.L.1975, c.217
(C.52:27D-124) if an enforcing agency fails to meet its obligations under
P.L.1975, c.217 (C.52:27D-119 et seq.).
(cf: P.L.2022, c.139, s.2)
���� 2.��� The Commissioner of
Community Affairs shall, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations
that the Commissioner of Community Affairs deems necessary to implement this act.
���� 3.��� This act shall take
effect on the first day of the third month next following the date of
enactment, except that the Commissioner of Community Affairs may take
anticipatory action necessary to effectuate the provisions of this act.�
STATEMENT
����� This bill requires an
enforcing agency to conduct an inspection of construction in a two and a half
hour time window (time window); establishes a complaint process for an owner,
agent, or other responsible person in charge of work to file a complaint on the
Department of Community Affairs� (department) Internet website for violations
of the bill; and authorizes the department to, after confirmation of a
violation or violations, take corrective action, including the issuance of
penalties, pursuant to the State Uniform Construction Code Act.�
���� Specifically, the bill
requires an enforcing agency to notify, in writing, the owner, agent, or other
responsible person in charge of work, of the time window, during which the
enforcing agency will conduct the inspection.� The bill requires the notice to
be provided within 24 hours of receiving a request for an inspection, and not
later than 24 hours prior to the start of a time window set for an inspection.�
The enforcing agency and inspector are to be subject to a complaint, brought at
the discretion of the owner, agent, or other responsible person in charge of
work, which is to be filed on the department�s Internet website, if the
enforcing agency:
���� (1)� fails to perform the
inspection within the time window;
���� (2)� fails to provide notice
that the enforcing agency is unable to perform a requested or scheduled
inspection;
���� (3)� fails to perform
inspections on the dates of, or during the time windows for, inspections on
repeated instances;
���� (4)� cancels an inspection on
repeated instances sufficient to notably disrupt construction or completion; or
���� (5)� is delinquent in the
discharge of the enforcing agency�s duties pursuant to the State Uniform
Construction Code Act or the State Uniform Construction Code.
���� The bill requires the
Commissioner of Community Affairs to establish a complaint system, and in
response to a complaint, after
the department�s confirmation of
the violation or violations, the bill requires the department to take
corrective action against the enforcing agency, including the issuance of
penalties.�
���� Further, the bill requires the
enforcing agency to notify the owner, agent, or other responsible person in
charge of work no less than 24 hours prior to the start of the time window,
that the enforcing agency is unable to perform the inspection within the
allowed timeframes.� The bill also requires each enforcing agency to establish
a process for ensuring that the enforcing agency performs the inspection within
the time window, or provides notice 24 hours prior to the start of the time
window.
���� This bill is to take effect on
the first day of the third month following the date of enactment, except the
Commissioner of Community Affairs is to be permitted to take anticipatory
action necessary to effectuate the provisions of the bill.