Bill Text: NJ A459 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides remedy for prevailing party in construction code appeal and other incentives for efficient, appropriate administration of State Uniform Construction Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A459 Detail]
Download: New_Jersey-2024-A459-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Provides remedy for prevailing party in construction code appeal and other incentives for efficient, appropriate administration of State Uniform Construction Code.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning enforcement and appeal of certain code enforcement procedures under the State Uniform Construction Code, and amending and supplementing P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1979, c.121 (C.52:27D-126a) is amended as follows:
3. a. 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 accordance with standards established by the commissioner, shall set enforcing agency fees for plan review, construction permit, certificate of occupancy, demolition permit, moving of building permit, elevator permit and sign permit, provided, however, that such fees shall not exceed the annual costs for the operation of the enforcing agency. For the three-year period commencing with an enforcing agency's initial participation in the "Electronic Permit Processing Review System," developed and implemented pursuant to section 1 of P.L.2021, c.70 (C.52:27D-124.4), the municipal governing body may impose, and the enforcing agency may collect, construction permit surcharge fees to defray the enforcing agency's startup costs related to offering electronic plan review and scheduling. Surcharge fees shall be established in accordance with standards established by the commissioner.
b. If an enforcing agency fails to respond to an application for review or otherwise perform its duties associated with the inspection and permitting process set forth by P.L.1975, c. 217 (C.52:27D-119, et seq.) within the time period set forth by the commissioner pursuant to P.L.1975, c.217, s.5 (C.52:27D-123), the enforcing agency shall forfeit a percentage of the fee to which the enforcing agency would otherwise be entitled under this section, as follows:
(1) 15 percent of the fee if more than 21 days have elapsed since the time of the required review or inspection, and
(2) An additional 15 percent of the remaining fee for every five days in which the required review or inspection is delayed thereafter.
c. If an enforcing agency requires an additional fee be paid for expedited performance of its review or inspection under this section, and the review or inspection is not performed on an expedited basis, the additional fee shall be returned to the payee of this fee by the enforcing agency.
(cf: P.L.2021, c. 70, s.3)
2. (New section) Any enforcing agency or official appointed pursuant to section 8 of P.L.1975, c.217 (C.52:27D-126) or licensed under section 1 of P.L.1983, c.35 (C.52:27D-126.2) shall perform the duties required of an official or enforcing agency under P.L.1975, c.217 (C.52:27D-119 et seq.) in an efficient and professional manner. Any enforcing agency or official, covered by this section, who is found by the construction board of appeals, under section 9 of P.L.1975, c.217 (C.52:27D-127), to have acted in an abusive or malicious manner in conducting official inspection, review or permitting duties, may be subject to disciplinary action, including, but not limited to, the payment of a fine.
The commissioner shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section.
3. Section 9 of P.L.1975, c.217 (C.52:27D-127) is amended to read as follows:
9. Construction board of appeals.
a. There shall be a construction board of appeals for each county to hear appeals from actions of and decisions by the enforcing agency provided that any municipality may establish its own construction board of appeals to hear appeals from actions of and decisions by the enforcing agency and further provided that where two or more municipalities have combined to appoint a construction official and subcode officials such combined municipalities may establish a joint construction board of appeals. Any such municipal or joint board shall hear appeals from the actions of and decisions of the municipal or joint enforcing agency, as the case may be, instead of the county board.
Every construction board of appeals shall consist of five members. Each member of the board shall be qualified by experience or training to perform the duties of members of the construction board of appeals. In addition to the five regular members, each construction board of appeals shall include two special members, one of whom shall be a licensed professional engineer with municipal construction experience, and one of whom shall be a builder. The special members shall serve as additional members of the board in any case involving an appeal of municipal fees pursuant to P.L.1995, c.54 (C.40:55D-53.2 et al.). Board members shall be appointed for a term of four years by the appointing authority of the county or municipality in question or, in the case of a joint municipal board, by means mutually determined by the governing bodies of such municipalities. For the members first appointed, the appointing authority shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years. Vacancies on the board shall be filled for the unexpired term. Members may be removed by the authority appointing them for cause. A person may serve on more than one construction board of appeals.
b. When an enforcing agency refuses to grant an application or refuses to act upon application for a construction permit, or when the enforcing agency makes any other decision, pursuant or related to this act or the code, or if the enforcing agency acts in a manner proscribed by section 2 of P.L , c. (C. )(pending before the Legislature as this bill), an owner, or his authorized agent, may appeal in writing to the county or municipal or joint board, whichever is appropriate. The board shall hear the appeal, render a decision thereon and file its decision with a statement of the reasons therefor with the enforcing agency from which the appeal has been taken not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. Such decision may affirm, reverse or modify the decision of the enforcing agency or remand the matter to the enforcing agency for further action. A copy of the decision shall be forwarded by certified or registered mail to the party taking the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction. A record of all decisions made by the board, properly indexed, shall be kept by the enforcing agency and shall be subject to public inspection during business hours. The board shall provide rules for its procedure in accordance with this act and regulations established by the commissioner.
c. When an enforcing agency's action or decision is appealed, and the board of appeals rules in favor of the party bringing the appeal, the prevailing party in the appeal shall be entitled to reimbursement for the reasonable costs associated with pursuing the appeal of the enforcing agency's original determination.
(cf: P.L.1995, c.54, s.4)
4. This act shall take effect immediately.
STATEMENT
This bill provides for greater efficiency and accountability in the administration of the State Uniform Construction Code (UCC), and its various subcodes, which are promulgated by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act." This bill provides redress to those aggrieved in the inspection, review, and permitting process set forth by the UCC. Specifically, this bill would allow for the prevailing party in a construction board appeal to recoup the costs associated with bringing a successful appeal.
The bill further provides that a construction code official who fails to act professionally in carrying out the enforcing agency's responsibilities under the UCC or applicable subcode may incur financial consequences. Under this bill, a construction code official who attempts to carry out inspection, review or permitting responsibilities in an abusive or malicious manner may be subject to disciplinary action, including but not limited to the payment of a fine established by rule. Finally, this bill would improve efficiency in the administration of the UCC and its subcodes by requiring that certain fees collected by an enforcing agency in conjunction with plan review and permitting under the UCC be forfeited if the agency does not perform these duties in a timely manner.
