Requires DCA to enable certain construction subcode applicants to electronically submit certain materials for permit application review; limits requirements for physical seal on documents at worksite.

A2320

ASSEMBLY, No. 2320

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Requires DCA to enable certain construction subcode
applicants to electronically submit certain materials for permit application
review; limits requirements for physical seal on documents at worksite.

CURRENT VERSION OF TEXT

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

��

An Act

concerning electronic processing of certain
construction-related document submissions and amending P.L.2021, c.70.�

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

���� 1.� Section 1 of P.L.2021,
c.70 (C.52:27D-124.4) is amended to read as follows:

���� 1.� a.� The Commissioner of
Community Affairs shall establish, develop, implement, and administer the
"Electronic Permit Processing Review System."� This electronic system
shall be an Internet-based system allowing for the electronic submission of
applications for construction permits, plans, and specifications pursuant to
the "State Uniform Construction Code Act," P.L.1975, c.217
(C.52:27D-119 et seq.), for the electronic review and approval of applications,
plans, and specifications, for the scheduling of inspections, and for the
exchange of information between the applicant, the applicant's professionals,
and the department or enforcing agency during the review process.� The
electronic system shall offer a permit applicant:

���� (1)� the ability to submit the
materials necessary for application review;

���� (2)� the ability to submit
requests for on-site inspection of a project;

���� (3)� continuous, 24-hour
accessibility for the submission of both scheduling requests and the materials
necessary for the permit application review; and

���� (4)� the ability to submit
electronic signatures for all materials necessary for the permit application
review, including all construction permits, plans and specifications, and for
the scheduling of inspections.

���� b.� (1)� Following the
effective date of P.L.2021, c.70 (C.52:27D-124.4 et al.), the commissioner may
make the electronic system accessible, and facilitate its use, through the
acceptance of application materials and scheduling submissions, by:

���� (a)� the department, with
regard to applications for which the department approves plans and
specifications pursuant to the "State Uniform Construction Code Act";

���� (b)� local enforcing agencies;
and

���� (c)� private agencies
providing plan review and inspection services.

���� (2)� (a)� Within one year
following the effective date of P.L.2021, c.70 (C.52:27D-124.4 et al.), the
commissioner shall fully implement the electronic system, and provide for its
use, through the acceptance of application materials and scheduling submissions,
by the department, with regard to applications for which the department
approves plans and specifications pursuant to the "State Uniform
Construction Code Act."

���� (b)� Local enforcing agencies
may elect to utilize the electronic system implemented by the department.� In
the alternative, a local enforcing agency may utilize a different electronic
system, which system shall provide the same level of functionality as the
system implemented by the department as enumerated in subsection a. of this
section.

���� c.� The commissioner shall
provide training opportunities on the use of the electronic system for
employees of local enforcing agencies and private agencies which provide plan
review and inspection services.

���� d.�
(1)
� The
commissioner shall, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to
govern the form and format of applications for construction permits, plans, and
specifications and other information exchanged through the electronic system.�
Notwithstanding the requirement, pursuant to subsection b. of this section, to
accept electronically submitted materials within one year following the
effective date of P.L.2021, c.70 (C.52:27D-124.4 et al.), the commissioner
shall have the discretion to establish different submission requirements,
including non-electronic submissions as necessary, for large, complicated, or
otherwise unusual construction projects, so long as the system is designed to accept
approximately 80 percent of construction permit application submissions
electronically.

����
(2)� Notwithstanding any
provisions of paragraph (1) of this subsection to the contrary, in accepting
and reviewing a submission from a licensed plumbing, electrical, or heating,
ventilating, air conditioning, and refrigeration contractor corresponding to
the contractor�s discipline, including but not limited to, a subcode
application form, or a document supporting the application, such as submissions
including shop drawings, or documents displaying the calculations necessary for
compliance with the electrical, fire protection or energy subcode, the
department shall:

����
(a)� accept electronic
submissions; and

����
(b)� not require the
physical seal or signature of the contractor to be affixed to a subcode
application form.�

����
(3)� The department shall
not require physical copies of plans at the worksite of a licensed plumbing,
electrical, or heating, ventilating, air conditioning, and refrigeration
contractor to have an affixed physical seal.

���� e.���� The department may
waive a contrary form and format requirement imposed by statute or ordinance or
by the rules of another department or agency for the submission of information
in physical form to the extent the waiver is necessary to facilitate the submission
of the information electronically.� The department shall accept an electronic
reproduction of a signature, stamp, seal, certification, or notarization as the
equivalent of the original or shall accept the substitution of identifying
information for the signature, stamp, seal, certification, or notarization.�
The department shall not waive any other requirement.

���� f.���� The commissioner may
adopt, amend, and repeal rules and regulations providing for the charging of
and setting the amount of construction permit surcharge fees to be collected by
an enforcing agency or private agency.� Fees shall be remitted to the department
to defray the cost of developing and administering the electronic system by
local enforcing agencies that have elected to utilize the electronic system
implemented by the department.

���� g.��� A person exchanging
information through the electronic system in a form and format acceptable to
the department is not subject to any licensing sanction, civil penalty, fine,
permit disapproval, or revocation or other sanction for failure to comply with a
form or format requirement imposed by statute, ordinance, or rule for
submission of the information in physical form, including but not limited to
any requirement that the information be in a particular form or of a particular
size, be submitted with multiple copies, be physically attached to another
document, be an original document or be signed, stamped, sealed, certified, or
notarized.

���� h.��� As used in this section,
"form and format" means the arrangement, organization, configuration,
structure, or style of, or method of delivery for, providing required
information or providing the substantive equivalent of required information.� "Form
and format" does not mean altering the substance of information or the
addition or omission of information.

(cf: P.L.2023, c.248, s.1)

���� 2.� In accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
the Commissioner of Community Affairs shall adopt rules and regulations
necessary to effectuate the provisions of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), on or before the first day of the fourth
month next following enactment.

���� 3.� This act shall take effect
on the first day of the fourth month next following enactment, but the
commissioner shall take such anticipatory actions as necessary to comply with
the provisions of this act.�

STATEMENT

���� This bill requires the
Department of Community Affairs (DCA) to accept electronic submissions from a
licensed plumbing, electrical, or heating, ventilating, air conditioning, and
refrigeration contractor corresponding to the contractor�s discipline.�
Submissions for which the bill requires DCA to accept electronic submissions
include, but are not limited to, subcode application forms or documents
supporting the applications, such as shop drawings or documents displaying the
calculations necessary for compliance with the electrical, fire protection, or
energy subcode.� The bill prohibits DCA from requiring the physical seal or
signature of these contractors to be affixed to the subcode application form.�

���� Additionally, this bill
prohibits DCA from requiring physical copies of plans at the worksite of a
licensed plumbing, electrical, or heating, ventilating, air conditioning, and
refrigeration contractor to have an affixed physical seal.

���� This bill is to take effect on
the first day of the fourth month following enactment, except that the
Commissioner of Community Affairs is permitted to take anticipatory actions
necessary to comply with the provisions of the bill.