On Thursday, June 19, the Senate State Government, Wagering, Tourism & Historic Preservation Committee favorably reported S-4501, with amendments to permit private on-site inspection agencies to complete construction code inspections under any circumstances.
N.J.S.A. 52:27D-126 requires municipalities to appoint a construction official, any necessary subcode officials, and technical assistance to assist in the administration and enforcement of the State’s Uniform Construction Code Act. In addition, N.J.A.C. 5:23-4.17(c) 2 requires that all construction code fees collected be applied “solely to meet the municipal costs of enforcing” the Uniformed Construction Code. Furthermore, N.J.S.A. 52:27D-126a prohibits the fee to exceed the annual cost of operations., For these reasons, the League opposed this legislation as it undermines the municipal constitution code office. However, after working with the sponsor, Senate President Nick Scutari, he agreed to amend the legislation to permit the municipality, by ordinance, to continue to collect the construction fees. The applicant would be required to pay both the municipality and the private inspector.
The League recognizes that the code enforcement officials have concerns about this legislation as it pertains to the future viability of Construction Code offices. We will continue to work with Senate President Scutari and the code enforcement officials to ensure those concerns are addressed.
Contact: Paul Penna, Director of Government Affairs, PPenna@njlm.org, ext. 110.