Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-126 Appointment of construction official, subcode officials. 8. a. The appointing authority of any municipality shall appoint a construction official, any necessary subcode officials and technical assistants to assist such officials to administer and enforce the code. The …

52:27D-126.1. Fire prevention subcode officials; appointment; qualifications; removal a. In any municipality the body or official, or the successor of said body or official, which appointed the persons serving as fire prevention officials on the effective date of the "State Unifo…

52:27D-126.2. Persons appointed as construction officials or subcode officials; licenses Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c. 217 (C. 52:27D-119 et seq.), or any rule or regulation adopted pursuant thereto to the contrary, on o…

52:27D-126.3 Establishment of emergency building inspection program. 1. The Commissioner of Community Affairs shall establish a program for the emergency deployment of State and local construction code officials and inspectors to assist local construction code officials and inspe…

52:27D-126.4 Intermunicipal agreements for mutual construction code enforcement aid. 2. The governing bodies of two or more municipalities may by resolution enter into agreements with each other for mutual construction code enforcement aid concerning the evaluation of buildings a…

52:27D-126.5 Powers, duties of persons deployed under emergency deployment program. 3. Persons deployed under the emergency deployment program established by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.2 (C.52:27D-126.3), or providing assistance pur…

52:27D-126.6 Injury, death benefits for officials, inspectors deployed. 4. If any local construction code official or inspector suffers injury or death in the performance of his duties, the legal beneficiaries of such official or inspector shall be entitled to such salary, pensio…

52:27D-126.7 Municipal participation voluntary; resolution of non-participation. 5. a. Participation by municipalities in the emergency deployment program established by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.2 (C.52:27D-126.3) shall be volunta…

52:27D-126.8 "County Code Enforcement Pilot Program"; definitions. 1. a. As used in P.L.2018, c.157 (C.52:27D-126.8 et al.): "Pilot county" means any county of the first class with a population of over 900,000 and a population density of less than 4,000 persons per square mile ac…

52:27D-126a Enforcing agency fees, surcharges. 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 accordan…

52:27D-126b. Municipality; waiver of enforcing agency fees; ordinance Notwithstanding the provisions of section 3 of P.L.1979, c. 121 (C. 52:27D-126a), or any standard adopted pursuant thereto, to the contrary, a municipal governing body may provide in its ordinance for a waiver …

52:27D-126c. Public building fee exemptions No county, municipality, or any agency or instrumentality thereof shall be required to pay any municipal fee or charge in order to secure a construction permit for the erection or alteration of any public building or part thereof from t…

52:27D-126d. Waiver of enforcing agency fees Notwithstanding the provisions of section 3 of P.L.1979, c.121 (C.52:27D-126a), any municipality may, by ordinance, provide for a waiver of enforcing agency fees for any corporation which is (1) organized pursuant to the "New Jersey No…

52:27D-126e Waiving of construction permit, enforcing agency fees for certain construction projects to benefit persons with disabilities. 1. a. Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or any rules, regul…

52:27D-126f Definitions relative to testing, inspecting elevator devices; alternative testing; rules, regulations; review, analysis. 1. a. As used in this section: "Elevator device" means a hoisting and lowering device equipped with a car or platform which moves in guides for the…

52:27D-127. Construction board of appeals 9. Construction board of appeals. a. There shall be a construction board of appeals for each county to hear appeals from decisions by the enforcing agency provided that any municipality may establish its own construction board of appeals …

52:27D-128. Substitute administration and enforcement Whenever a municipality or several municipalities decide not to administer and enforce the code and request the commissioner to assume that task, the commissioner shall by regulation provide for the enforcement of the code and…

52:27D-129 State buildings and buildings of interstate agencies; outdoor advertising signs on public property. 11. State buildings and buildings of interstate agencies; outdoor advertising signs on public property. a. Notwithstanding any other provision of P.L.1975, c.217 (C.52:2…

52:27D-13. Duties of council It shall be the duty of the council to consult with and advise the commissioner with respect to the affairs and problems of local government and the work of the department, and to conduct such studies of specific local governmental problems as the com…

52:27D-130 Permit required; application; contents; issuance; transfer. 12. Except as otherwise provided by this act or in the code, before construction or alteration of any building or structure, the owner, or his agent, engineer or architect, shall submit an application in writi…

52:27D-130.1. Construction permit surcharge fee; construction contracted for or conducted by municipality; prohibition Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c. 217 (C. 52:27D-119 et seq.), or any rule or regulation adopted pursuant…

52:27D-130.2. Construction permit for installation or alteration of solar energy heating or cooling system; municipal fee or charge; prohibition No person shall be required to pay a municipal fee or charge in order to secure a construction permit for the installation or alteratio…

52:27D-130.3. State department or agency; fee; prohibition The installation or alteration of a solar energy heating or cooling system in any building shall not be subject to any fee, including any surcharge or training fee, imposed by any department or agency of State government …

52:27D-130.4 Rules, regulations adopted by DHSS relative to contaminated property; certification; definitions; enforcement. 1. a. Within 12 months after the effective date of this act, the Department of Health and Senior Services shall adopt rules and regulations pursuant to the …

52:27D-130.5 Issuance of construction permit for child care, educational center for certain locations; certification required; remediation. 2. a. (1) No construction permit shall be issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) for the reconstruction, alteration…

52:27D-130.5a Protection from mercury exposure; schools, community centers, child care centers. 1. The Legislature finds and declares that the provisions of this act impose substantially similar obligations on public and nonpublic schools, public and private community centers, an…

52:27D-130.5b Rules, regulations; protection against mercury exposure. 2. a. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-…

52:27D-130.5c. Standards, site inspections, removal, disposal of mercury in flooring material. 3. The Commissioner of Environmental Protection shall establish standards and conduct site inspections for the removal and disposal of flooring material that contains mercury and mercur…

52:27D-130.5d Public list of flooring materials, known, potential sources of mercury vapor emissions. 4. The Commissioner of Health, in consultation with the Commissioner of Environmental Protection, shall publish a publicly available list of flooring materials identified as know…

52:27D-130.5e Air quality assessment, retesting, reevaluation, submitting results. 5. Any school, community center, or child care center as defined in subsection g. of section 1 of this act that conducts an air quality assessment pursuant to the provisions of subsections b. and c…

52:27D-130.5f Public online database, entities testing for mercury-containing flooring. 6. The Commissioner of Health, in coordination with the Commissioner of Environmental Protection, shall establish and maintain a publicly accessible online database, updated at least annually …

52:27D-130.5g Entities required to test, report mercury-containing flooring required to submit results. 7. Any school, community center, or child care center required to conduct testing and reporting under the provisions of this act shall submit all required air quality testing a…

52:27D-130.6 Green building manual, preparation, availability. 1. The Commissioner of Community Affairs is authorized to prepare, in consultation with other State agencies, and make available to the public, a green building manual for the purpose of ensuring that standards are av…

52:27D-130.7 Grants to owner of licensed child care center; rules, regulations. 4. a. Notwithstanding any provisions of P.L.1993, c.139 (C.58:10B-1 et seq.) to the contrary, the New Jersey Economic Development Authority, in conjunction with the Department of Environmental Protect…

52:27D-130.8 Adoption of ordinance requiring replacement for performance guarantee. 6. The governing body of a municipality may adopt an ordinance requiring a successor developer to furnish a performance guarantee as a replacement for a performance guarantee that was previously a…

52:27D-131 Construction permits; application, approval, expiration, cancellation, extension. 13. a. The enforcing agency shall examine each application for a construction permit. If the application conforms with this act, the code, and the requirements of other applicable laws an…

52:27D-131.1 Removal, demolition of certain building, structure. 2. a. If the owner of a building or structure fails to comply with a removal or demolition order issued by an enforcing agency under authority of P.L.2001, c.457 (C.52:27D-131.1 et al.) or of P.L.1975, c.217 (C.52:2…

52:27D-131.2 Short title. 1. P.L.2024, c.58 (C.52:27D-131.2 et seq.) shall be known and may be cited as the "New Jersey Design Professional Self-Certification Act." L.2024, c.58, s.1.

52:27D-131.3 Definitions. 2. As used in P.L.2024, c.58 (C.52:27D-131.2 et seq.): "Architect" means an individual who, through education, training, and experience, is skilled in the art and science of building design and has been licensed by the New Jersey State Board of Architect…

52:27D-131.4 Self-certification program established, design professionals. 3. a. The Commissioner of Community Affairs shall establish a self-certification program through which a qualified design professional shall be permitted to: (1) take responsibility for a project's complia…

52:27D-131.5 Design professional, self-certification form, established; contents, website. 4. a. The commissioner shall establish and promulgate a design professional of record self-certification form and provide online access to the form through the department's Internet website…

52:27D-131.6 Community Affairs Department, enforcing agency, reasonable oversight. 5. a. The department may review any action performed by an enforcing agency to ensure reasonable oversight of a project. b. (1) All qualified design professionals shall be subject to random audit b…

52:27D-131.7 Study, construction activity, self-certification program; report to Governor, Legislature. 6. The commissioner shall, within three years following the effective date of P.L.2024, c.58 (C.52:27D-131.2 et seq.): a. undertake a study, in consultation with the code advis…

52:27D-132 Inspection of construction by enforcing agency; right of entry; stop construction orders; violations, reinspection. 14. a. The enforcing agency shall periodically inspect all construction undertaken pursuant to a construction permit issued by it to ensure that the cons…

52:27D-132.1 Rules, regulations. 4. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall propose within six months and adopt within nine months rules and regulations to effectuate the provisions of P.L.2022, c.139 (52…

52:27D-132.2 Findings, declarations. 1. The Legislature finds and declares that: a. The importance of the structural integrity of residential buildings in New Jersey has become a growing concern for many, especially in the wake of the tragic collapse of a high-rise, multifamily h…