New JerseyA4360220th Legislature (2024-2025)HouseWALLET

"New Jersey Design Professional Self-Certification Act"; requires DCA to establish design professional self-certification program.

Sponsored By: Louis D. Greenwald (Democratic), Robert J. Karabinchak (Democratic), Paul A. Sarlo (Democratic), Nicholas P. Scutari (Democratic), Anthony S. Verrelli (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Design professionals face certification bans

Beginning December 1, 2024, design professionals face exclusion, suspension, or participation limits for specified false or unlawful submissions. They must have an opportunity for an administrative hearing. Two submissions with material errors within 12 months that lead to permit revocations can trigger discipline, as can incompetence. Professionals on probation imposed by a state licensing board cannot participate. Excluded professionals must wait at least one year to apply for reinstatement, then complete at least six months of probation and approved training. Specified serious misconduct during that probation, including materially false submissions, gross negligence, or incompetence, requires a ban of at least five years after a hearing.

Owners can check design professional sanctions

Beginning December 1, 2024, the Department of Community Affairs must maintain a searchable online database of sanctioned self-certifying professionals. Required details include the professional's name, sanction, relevant dates, project address, and whether the case involved a hearing or settlement. The posting deadline is seven business days after a sanction, but posting must wait until appeal rights expire or are exhausted. The department must provide requested details within 30 days. It must also notify the appropriate engineering or architecture licensing board, with supporting records, within 10 business days of an adverse determination or sanction, subject to the same appeal-rights restriction.

Owners must pay for construction fixes

Beginning December 1, 2024, owners using the self-certification program must confirm they authorized the listed professionals and consultants. Owners share responsibility for meeting the State Uniform Construction Code. They must also sign and provide a hold-harmless letter. Work that violates the code, other applicable laws, or the permit must be removed or changed without undue delay. The owner must pay that cost.

Construction plan audits can bring fees

Beginning December 1, 2024, the Department of Community Affairs must randomly audit professionals in the self-certification program. Audits check applications and plans for legal compliance and assess how well the program works. The department must provide audit results and a reasonable deadline to submit corrections; missing required corrections can bring sanctions. The Commissioner may charge a reasonable fee to cover audit costs, but the law sets no dollar amount. The Commissioner may also review permit agencies' project oversight.

Faster construction permits with professional safeguards

Beginning December 1, 2024, New Jersey law creates a self-certification permit program for eligible repairs, renovations, alterations, and reconstruction. Qualified architects and engineers certify that project plans meet construction codes and other laws. Permit agencies must complete a supervisory check within one to five calendar days, acknowledge required materials, and issue the permit. Maximum project areas, in square feet, are: B and M, 9,000; F-1, 8,500; F-2, 13,000; R-1, R-2, and R-4, 7,000; R-3 and R-5, 4,800; S-1, 9,000; and S-2, 13,500. Exclusions include projects reserved for state plan review, new commercial kitchens, electrical service over 400 amps, certain structural alterations or special-inspection projects, and prototype plans. State rules may expand eligibility. Professionals need required licenses and authorizations, at least three years of licensure, and liability insurance covering $500,000 per claim and $1 million total. The responsible professional must stay through project sign-off; work must stop after withdrawal until a qualified replacement is named. The Department of Community Affairs must study possible expansion and report to the Governor and Legislature within three years of the effective date.

Sponsors & Cosponsors

Sponsors

  • Louis D. Greenwald

    Democratic • House

  • Robert J. Karabinchak

    Democratic • House

  • Paul A. Sarlo

    Democratic • Senate

  • Nicholas P. Scutari

    Democratic • Senate

  • Anthony S. Verrelli

    Democratic • House

Cosponsors

  • Carmen F. Amato Jr.

    Republican • Senate

  • Atkins, Reginald W.

    Affiliation unavailable

  • Clinton Calabrese

    Democratic • House

  • Conaway, Herb

    Affiliation unavailable

  • Mitchelle Drulis

    Democratic • House

  • Dawn Fantasia

    Republican • House

  • Roy Freiman

    Democratic • House

  • Dan Hutchison

    Democratic • House

  • McCann Stamato, Barbara

    Affiliation unavailable

  • Gregory E. Myhre

    Republican • House

  • Erik Peterson

    Republican • House

  • Ramirez, Jessica

    Affiliation unavailable

  • Verlina Reynolds-Jackson

    Democratic • House

  • Alexander Schnall

    Democratic • House

  • Parker Space

    Republican • Senate

  • Shanique Speight

    Democratic • House

  • Sterley S. Stanley

    Democratic • House

  • Lisa Swain

    Democratic • House

  • Swift, Claire S.

    Affiliation unavailable

  • Chris Tully

    Democratic • House

  • Benjie E. Wimberly

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 112 • No: 3

House vote • 6/28/2024

3RDG FINAL PASSAGE

Yes: 74 • No: 2

Senate vote • 6/28/2024

3RDG FINAL PASSAGE

Yes: 38 • No: 1

Actions Timeline

  1. Approved by Governor — P.L.2024, c.58.

    8/22/2024Governor
  2. Passed Senate, PBH — (38-1)

    6/28/2024Senate
  3. Substituted for S3402 (1R)

    6/28/2024Senate
  4. Received in Senate, SWR, 2nd Reading in Senate

    6/28/2024Senate
  5. Passed Assembly — (74-2-0)

    6/28/2024House
  6. Reported, 2nd Reading in Assembly

    6/24/2024House
  7. REP/ACA, Referred to Assembly Regulated Professions Committee

    6/6/2024House
  8. TRANS Assembly State and Local Government Committee

    6/6/2024House
  9. Introduced, 1st Reading in Assembly, Referred to Assembly Regulated Professions Committee

    5/10/2024House

Bill Text

  • Version PL2024

    9/30/2024

  • Version AL2024

    9/13/2024

  • Assembly State and Local Government (6/6/24 1R)

    7/2/2024

  • 6/26/24; 1R

    6/26/2024

  • Assembly Regulated Professions Substitute (6/24/24 1R)

    6/25/2024

  • As Introduced

    6/7/2024

  • Assembly State and Local Government Substitute (6/6/24)

    6/7/2024

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