Title 46, Title 46: PROPERTY

46:3B-13. Findings, determinations, declarations 1. The Legislature finds, determines and declares: a. Within the past decade, the building codes of this and other states have permitted, and builders have employed, fire-retardant treated (FRT) plywood roof sheathing as an approve…

46:3B-14. Moneys and claims for advance funding for remediation of structural damages 2. a. The commissioner is hereby authorized to advance moneys out of the fund for the remediation of structural damages due to defective FRT plywood occurring in structures covered by an approve…

46:3B-15. Procedure followed by commissioner when claim filed 3. a. Whenever a claim which appears or purports to be eligible for advance funding pursuant to this act is filed with the commissioner, the commissioner shall: (1) Order an examination of the subject premises to deter…

46:3B-16. Commissioner to estimate funding required for approved claims 4. a. Upon the effective date of this section, and annually thereafter, the commissioner shall estimate, upon the basis of claims approved pursuant to this act, or then pending and likely to be approved, the …

46:3B-17. Legal action to pursue claims 5. a. The commissioner, on behalf of the State and for the benefit of the fund, shall take such legal action as may be necessary or appropriate to pursue any claims against any responsible party, which may appear justified upon the record o…

46:3B-18. Submission of claims 6. a. Any person that prior to the effective date of this act had instituted a civil action to recover damages arising out of the failure of FRT plywood may submit a claim under the provisions of this act within 120 days of the effective date of the…

46:3B-19. No payment for defect in new home warranted under alternative program 10. Except as otherwise provided in this act, no payment shall be made from the new home warranty security fund established pursuant to section 7 of P.L.1977, c.467 (C.46:3B-7) for any defect in any n…

46:3B-2. Definitions relative to new home warranties 2. As used in this act: a. "Department" means the Department of Community Affairs. b. "Commissioner" means the Commissioner of Community Affairs. c. "Warranty" means the warranty prescribed by the commissioner pursuant to P.L.1…

46:3B-20. Claimant deemed to have elected remedy 11. a. For purposes of a claim filed by a claimant for damages arising out of the failure of fire retardant treated plywood pursuant to this act, the claimant shall be deemed to have elected a remedy pursuant to section 9 of P.L.19…

46:3B-3. New home warranty; prescribing by rule or regulation; procedures for processing claims; time periods a. The commissioner is hereby authorized and directed to prescribe by rule or regulation a new home warranty and procedures for the implementation and processing of claim…

46:3B-4. Liability of builder A builder of a new home shall be liable to any owner thereof during the time period when the new home warranty, prescribed by the commissioner pursuant to this act, is applicable to the home for any defect therein which is covered by the warranty in …

46:3B-5. Certificate of registration; application; fee; issuance; duration; conditions No builder shall engage in the business of constructing new homes unless he is registered with the department. The department shall provide application forms for such registration and shall pre…

46:3B-6. Investigation of allegations; hearings; powers; denial, suspension or revocation of certificate; hearing; grounds a. The commissioner, upon the complaint of an aggrieved person, may conduct investigations into the allegations made against any builder required to be regis…

46:3B-7. New home warranty security fund 7. a. There is hereby established a new home warranty security fund to be maintained by the State Treasurer in a trust account, separate and apart from other funds and administered by the commissioner. The purpose of the fund is (1) to pro…

46:3B-7.1. Findings, declarations relative to new home warranties 1. The Legislature finds and declares that: a. New Jersey provides unique protection through "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1), which establishes a program requirin…

46:3B-7.2. "New Home Warranty Security Fund Board of Trustees" 2. a. There is hereby established in, but not of, the Department of Community Affairs the "New Home Warranty Security Fund Board of Trustees." The duties of the board shall include, but shall not be limited to, monito…

46:3B-7.3. Functions, duties of board 3. a. The Board of Trustees shall monitor and annually report to the Legislature on the financial performance of the new home warranty security fund, with particular attention to whether the fund's income from fees, premiums, interest and oth…

46:3B-8. Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval The commissioner is authorized and directed to review and approve alternate new home warranty security programs which provide for payment of claims against builde…

46:3B-8.1. Filing of statement by warranty guarantor 1. Whenever a builder participating in an alternative new home warranty program approved by the commissioner pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8) issues a warranty guaranteed by that plan, the warranty guarantor…

46:3B-8.2. Filing, indexing of information 2. The commissioner shall cause the information reported to him pursuant to section 1 of this act to be filed and indexed, in coordination with data on file with the department relating to alternate programs approved by the commissioner,…

46:3B-8.3. Files open to public inspection 3. The files maintained pursuant to section 2 of this act shall be open to inspection by the public at any time during regular business hours at the department's main office and at any other location at which the commissioner may direct …

46:3B-9. Availability of any legal remedy to owner; election of remedy Nothing contained herein shall affect other rights and remedies available to the owner. The owner shall have the opportunity to pursue any remedy legally available to the owner. However, initiation of procedur…