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A2137
ASSEMBLY, No. 2137
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Permits owners, agents, or other persons to elect to
contract with private on-site inspection agencies to complete inspections under
the construction code; provides for charging of separate inspection fee.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
related to inspections under the construction
code, by providing for inspection fees and permitting certain persons to
contract with private on-site inspection agencies for inspection services, and
amending P.L.1979, c.121 and 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 to read as follows:
���� 3.��� 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,
inspection,
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.
(cf: P.L.2021, c.70, s.3)
���� 2.��� 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, 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, 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
owner, agent, or
other responsible person in charge of work independently elects, for any
reason, to contract with a private on-site inspection agency authorized by the
department to conduct on-site inspections pursuant to subsection i. of section
6 of P.L.1975, c.217 (C.52:27D-124) to perform the requested inspection or 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.
]
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� 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.� 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)
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill would modify certain
inspection processes under the "State Uniform Construction Code Act,"
P.L.1975, c.217 (C.52:27D-119 et seq.), to provide for charging of separate
inspection fees and allow the owner, agent, or other responsible person in
charge of construction work to independently elect, for any reason, to contract
with an authorized private on-site inspection agency to perform a requested
inspection.�
���� Current law only allows owners,
agents, or responsible persons to choose to contract with a private on-site
inspection agency under certain circumstances if a local enforcing agency is
unable to complete a requested inspection
within
three business days of the date for which the inspection is requested, and with
the authorization of the Department of Community Affairs.�
���� Since
the bill allows an owner, agent, or other responsible person to elect to
contract with an authorized private on-site inspection agency for any reason,
the bill eliminates a provision that specifically authorized an owner, agent,
or other responsible person to do so under limited circumstances when an
enforcing agency has demonstrated a repeated inability to conduct timely inspections
for a construction project.