Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Carter, Assemblymen DiMaio, McClellan and Simonsen
SYNOPSIS
Establishes expedited construction inspection program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning inspections under the construction code, 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. (1) The commissioner, in consultation with the code advisory board, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establishing standards, procedures, and other requirements for an optional program providing expedited inspections of construction undertaken pursuant to a construction permit.
(2) The expedited inspection program shall provide that:
(a) a municipal governing body may participate in the program by requiring its enforcing agency to conduct expedited inspections within two calendar days of an owner's request for an inspection;
(b) an owner of a project located in a municipality that is not requiring its enforcing agency to conduct expedited inspections may select a private inspection agency to conduct expedited inspections;
(c) a business entity shall not conduct expedited inspections unless licensed and authorized to do so by the department;
(d) an owner may opt to participate in the expedited inspection program at the time of submission of an application for a construction permit pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130);
(e) an owner participating in the expedited inspection program shall pay a premium in addition to all otherwise applicable fees;
(f) each expedited inspection shall be completed within two calendar days of an owner's request for an inspection;
(g) if a local enforcing agency or a private inspection agency fails to complete an expedited inspection within two calendar days of an owner's request for an inspection, the agency shall complete the inspection within the following 24 hours and shall refund the premium for that expedited inspection to the owner. If a local enforcing agency or a private inspection agency fails to complete an expedited inspection within the following 24 hours, the owner may elect to retain a different private inspection agency, in a manner consistent with subsection b. of section 19 of P.L.1975, c.217 (C.52:27D-137), to perform the remainder of inspections required for the project.
b. (1) A municipal
governing body, in consultation with the construction official of its enforcing
agency, shall determine whether the enforcing agency shall conduct expedited
inspections or
whether an owner may retain a private inspection agency to conduct expedited
inspections. Regardless of whether expedited inspections are conducted by an
enforcing agency or a private inspection agency, the enforcing agency shall
retain the power and responsibility over issuance of the certificate of
occupancy under section 15 of P.L.1975, c.217 (C.52:27D-133).
(a) An enforcing agency that conducts expedited inspections may conduct those inspections outside of the hours specified in section 14 of P.L.1975, c.217 (C.52:27D-132).
(b) The enforcing agency shall observe the progress of a construction project receiving expedited inspections by a private inspection agency and shall retain jurisdiction over the project in order to be responsive to inquiries from the general public and from special interests, to the needs of the owner and the private inspection agency, and to the obligations and requirements imposed by the code.
(2) An owner applying to participate in the expedited inspection program shall submit payment of all applicable fees, together with an expedited inspection premium fee of $100 per inspection, to the enforcing agency together with the application for a construction permit, unless the municipality establishes an alternative premium fee price, or variety of alternative prices depending on the size and complexity of the application. If the enforcing agency does not conduct expedited inspections, at the time of submission of an application for a construction permit, the owner shall identify the private inspection agency the owner has selected to conduct expedited inspections. The enforcing agency shall deliver payment of the expedited inspection premium fee to the private inspection agency selected to conduct expedited inspections.
c. (1) The department shall establish a program for the licensure and authorization of business entities as private inspection agencies for the purpose of contracting with owners to conduct expedited inspections pursuant to this section or to perform inspections pursuant to section 19 of P.L.1975, c.217 (C.52:27D-137). No business entity shall conduct inspections under a construction permit or enter into any contract to do so without first receiving the licensure and authorization of the department. The department may impose and collect fees from applicants for licensure and authorization under this section.
(2) Licensure and authorization of a business entity as a private inspection agency shall include, but not be limited to, considerati