Bill Text: NJ A563 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires multiple dwelling owner advised of structural safety issues discovered during private inspection to advise DCA; requires DCA to schedule emergency inspection of that multiple dwelling within 24 hours.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-07 - Withdrawn from Consideration [A563 Detail]
Download: New_Jersey-2012-A563-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
SYNOPSIS
Requires multiple dwelling owner advised of structural safety issues discovered during private inspection to advise DCA; requires DCA to schedule emergency inspection of that multiple dwelling within 24 hours.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the inspection of multiple dwellings and amending and supplementing the "Hotel and Multiple Dwelling Law," P.L.1967, c.76.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1967, c.76 (C.55:13A-13) is amended to read as follows:
13. (a) [Each] Except as provided in subsection (g) of this section, each multiple dwelling and each hotel shall be inspected at least once in every five years for the purpose of determining the extent to which each hotel or multiple dwelling complies with the provisions of this act and regulations promulgated hereunder.
(b) Within 90 days of the most recent inspection, the owner of each hotel shall file with the commissioner, upon forms provided by the commissioner, an application for a certificate of inspection. Said application shall include such information as the commissioner shall prescribe to enforce the provisions of this law. Said application shall be accompanied by a fee as follows: $15 per unit of dwelling space for the first 20 units of dwelling space in any building or project, $12 per unit of dwelling space for the 21st through 100th unit in any building or project, $8 per unit of dwelling space for the 101st through 250th unit in any building or project, and $5 per unit of dwelling space for all units over 250 in any building or project, except that in the case of hotels open and operating less than six months in each year the fee shall be one-half that which would otherwise be required. A certificate of inspection and the fees therefor shall not be required more often than once every five years.
Additionally, there shall be reinspection fees for hotels in the amount of $10 for each dwelling unit reinspected.
Within 90 days of the most
recent inspection of any multiple dwelling occupied or intended to be occupied
by three or more persons living independently of each other, the owner of each
such multiple dwelling shall file with the commissioner, upon forms provided by
the commissioner, an application for a certificate of inspection. Said
application shall include such information as the commissioner shall prescribe
to enforce the provisions of this law. Said application shall be accompanied
by a fee of $33 per unit of dwelling space for the first 7 units in any
building or project, $21 per unit of dwelling space for the 8th through the
24th unit in any building or project, $18 per unit for the 25th through the
48th unit in any building or project, and $12 per unit of dwelling space for
all
units of dwelling space over 48 in any building or project, provided that the
maximum total fee for owner-occupied three-unit multiple dwellings shall be
limited to $65 for owners having a household income that is less than 80
percent of the median income for households of similar size in the county in
which the multiple dwelling is located, and the maximum total fee for
owner-occupied four-unit multiple dwellings shall be limited to $80 for owners
having a household income that is less than 80 percent of the median income for
households of similar size in the county in which the multiple dwelling is
located. A certificate of inspection and the fees therefor shall not be
required more often than once every five years.
Additionally, there shall be reinspection fees for multiple dwellings in the amount of $40 for each dwelling unit reinspected, but only after the first reinspection.
The commissioner may waive the inspection fee for any unit upon a finding that the unit has been thoroughly inspected within the previous 12-month period under a municipal ordinance requiring inspection upon change of occupancy in accordance with the maintenance standards established by the commissioner under this act, and has received a municipal certificate of occupancy as a result of that inspection.
If the commissioner finds that (1) a building has been thoroughly inspected prior to resale since the most recent inspection in accordance with this section, (2) the inspection prior to resale was conducted by the municipality in accordance with the maintenance standards established by the commissioner under this act, and (3) a municipal certificate of occupancy was issued as a result of that inspection, the commissioner may accept the inspection done prior to resale in lieu of a current inspection under this section. If the commissioner accepts an inspection prior to resale in lieu of a current inspection, no fee shall be charged for any inspection done by the commissioner within five years after the date of the inspection so accepted.
(c) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling complies with the provisions of this act and regulations promulgated hereunder, then the commissioner shall issue to the owner thereof, upon receipt of the application and fee as required by subsection (b) of this section, a certificate of inspection. Any owner to whom a certificate of inspection is issued shall keep said certificate posted in a conspicuous location in the hotel or multiple dwelling to which the certificate applies. The certificate of inspection shall be in such form as may be prescribed by the commissioner.
The commissioner may, upon finding a consistent pattern of compliance with the maintenance standards established under this act in at least 20 percent of the units in a building or project, issue a certificate of inspection for the building or project, in which case the inspection fee shall be charged on the basis of the number of units inspected.
The commissioner may by rule establish standards for self-inspection by condominium associations exercising control over buildings of not more than three stories, constructed after 1976, and certified by the local enforcing agency having jurisdiction as being in compliance with the Uniform Fire Code promulgated pursuant to P.L.1983, c.383 (C.52:27D-192 et seq.), in which at least 80 percent of the dwelling units are occupied by the unit owners. The commissioner shall issue a certificate of acceptance, which shall be in lieu of a certificate of inspection, upon acceptance of any such self-inspection and upon payment of a fee of $25.
(d) If the commissioner determines, as a result of the most recent inspection of any hotel or multiple dwelling as required by subsection (a) of this section, that any hotel or multiple dwelling does not comply with the provisions of this act and regulations promulgated thereunder, then the commissioner shall issue to the owner thereof a written notice stating the manner in which any such hotel or multiple dwelling does not comply with this act or regulations promulgated thereunder. Said notice shall fix such date, not less than 60 days nor more than 180 days, on or before which any such hotel or multiple dwelling must comply with the provisions of this act and regulations promulgated thereunder. If any such hotel or multiple dwelling is made to comply with the provisions of this act and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall issue to the owner thereof a certificate of inspection as described in subsection (c) of this section. If any such hotel or multiple dwelling is not made to comply with the provisions of this act and regulations promulgated thereunder on or before the date fixed in said notice, then the commissioner shall not issue to the owner thereof a certificate of inspection as described in subsection (c) of this section, and shall enforce the provisions of this act against the owner thereof.
(e) The commissioner shall annually review the cost of implementing and enforcing this act, including the cost to municipalities of carrying out inspections pursuant to section 21 of this act, and shall establish by rule, not more frequently than once every three years, such fees as may be necessary to cover the costs of such implementation and enforcement; provided, however, that any increase or decrease shall be applied as a uniform percentage to each category of fee established herein, and provided, further, that the percentage amount of any increase shall not exceed the percentage increase in salaries paid to State employees since the then current fee schedule was established. The commissioner shall provide by rule to owners the option of paying inspection fees in installments in the form of an annual fee. The commissioner shall annually prepare and file with the presiding officers of the Senate and General Assembly and the legislative committees having jurisdiction in housing matters a report setting forth the amounts of fees and penalties received by the Bureau of Housing Inspection, the cost to the bureau of enforcing this act, and information concerning the productivity of the bureau. Copies of the report shall also be submitted to the Office of Administrative Law for publication in the New Jersey Register and to the members of the Hotel and Multiple Dwelling Health and Safety Board. If in any State fiscal year the fee revenue received by the bureau exceeds the cost of enforcement of this act, the excess revenue shall be distributed pro rata to persons who paid inspection fees during that fiscal year. Such distribution shall be made within three months after the end of the fiscal year.
(f) Except as otherwise provided in section 2 of P.L.1991, c.179 (C.55:13A-26.1), the fees established by or pursuant to the provisions of this section are dedicated to meeting the costs of implementing and enforcing this act and shall not be used for any other purpose. All receipts in excess of $2,200,000 are hereby appropriated for the purposes of [this act] P.L.1967, c.76.
(g) In addition to the inspection required pursuant to subsection a. of this section, the Bureau of Housing Inspection in the Division of Codes and Standards in the Department of Community Affairs shall order an emergency inspection of a multiple dwelling to be made not later than 24 hours after receiving notification from the owner of a multiple dwelling that a private inspector has reported structural safety or integrity concerns with the building, or upon receiving a copy of a report from a private inspector concerning a multiple dwelling regardless of whether the owner of the multiple dwelling has notified the department or bureau.
(cf: P.L.1991, c.179, s.1)
2. Section 3 of P.L.1987, c.30 (C.55:13A-13a) is amended to read as follows:
3. Any inspection required under P.L.1967, c.76 (C.55:13A-1 et seq.), including an emergency inspection as required pursuant to subsection (g) of section 13 of P.L.1967, c.76 (C.55:13A-13), shall be conducted by the commissioner except as provided in subsection b. of this section or where a municipality has a cooperative arrangement, with the bureau to perform these inspections in which case the inspection shall be conducted by the municipality; provided, however, that nothing in this section shall preclude the bureau from conducting inspections in any municipality for the purpose of monitoring or auditing the performance of local agencies, as provided hereinafter, or inspectors, or for the purpose of dealing with imminent hazards.
b. In any municipality which maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances and regulations concerning buildings and structures within the municipality, and such agency is supervised by, and has all hotel and multiple dwelling inspections performed by persons licensed by, the commissioner under this act, the municipal governing body may by ordinance designate that agency to conduct the inspections and enforce the regulations prescribed by or pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.). Where an ordinance is in effect all inspections required pursuant to P.L. 1967, c.76 within the territorial limits of the municipality shall be conducted by the agency so designated, subject to the supervision and control of the commissioner; and all applications otherwise directed by law to be filed with the commissioner, and all fees and penalties otherwise to be imposed or collected by the commissioner, shall in such a municipality be filed with, or imposed or collected by, the local agency designated by ordinance pursuant to this subsection; provided, that in no case shall the local agency collect or impose a penalty in excess of the minimum amount which the commissioner is authorized by law to collect or impose for the same violation, or to assess a continuing penalty, without the written prior approval of the bureau. The commissioner shall have the power to order corrective action as may be necessary where a local agency is found to be failing to carry out its responsibilities under this act and to suspend the authority of the local agency under this subsection where the local agency repeatedly or habitually fails to enforce the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) and the regulations adopted pursuant thereto.
c. Any person affected by the determinations made pursuant to any inspection conducted under P.L.1967, c.76 (C.55:13A-1 et seq.) may appeal those determinations to the Office of Administrative Law with the final decision to be issued by the commissioner; provided, however, that the cost of any such hearing to the department shall be borne by the local agency in any case where the inspection fee is required to be paid to a local agency or in which the notice, order or decision being contested was issued by a local agency
d. An inspector performing an emergency inspection required pursuant to subsection (g) of section 13 of P.L.1967, c.76 (C.55:13A-13), shall review the condition of the building or structure, including the roofs, all supporting walls, and connected structures, for the existence of conditions that need immediate correction to address public health, safety, and welfare concerns. Special attention shall be paid by the inspector to those issues of concern noted in the architect's or engineer's report to the owner of the multiple dwelling pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). Orders to correct violations shall be issued in accordance with section 17 of P.L.1967, c.76 (C.55;13A-17).
(cf: P.L.1987, c.30, s.3)
3. (New section) a. Whenever an owner of a multiple dwelling requests a private inspection of the multiple dwelling for an assessment of the structural safety of the multiple dwelling and a report, either oral or written, is thereafter issued by the architect or engineer who performed the inspection that expresses concerns about the structural safety or integrity of the multiple dwelling, the owner shall immediately notify the Bureau of Housing Inspection in the Division of Codes and Standards in the Department of Community Affairs. The owner shall provide all of the information contained in the report to the bureau. The bureau shall immediately schedule an emergency inspection of the multiple dwelling which shall occur not later than 24 hours from the date of the notification by the owner of the multiple dwelling. The Commissioner of Community Affairs shall notify the mayor and the police department of the municipality whenever the emergency inspection determines an imminent hazard exists, and the relocation of the occupants of the multiple dwelling is likely pursuant to section 17 of P.L.1967, c.76 (C.55:13A-17).
b. The architect or engineer who performed the private inspection for the owner of the multiple dwelling shall forward to the bureau a written copy of the report that expressed concern about the structural safety or integrity of the multiple dwelling at the same time that the written report is provided to the owner. Failure to provide such report shall be deemed professional misconduct.
4. This act shall take effect immediately.
STATEMENT
This bill requires that whenever an owner of a multiple dwelling requests a private inspection of the multiple dwelling for an assessment of the multiple dwelling and a report, either oral or written, is thereafter issued by the architect or engineer who performed the inspection that expresses concerns about the structural safety or integrity of the multiple dwelling, the owner must immediately notify the Bureau of Housing Inspection in the Division of Codes and Standards in the Department of Community Affairs, and must provide all of the information contained in the report to the bureau.
The bill also requires the Bureau of Housing Inspection to immediately schedule an emergency inspection of the multiple dwelling, which must occur not later than 24 hours from the date of the notification by the owner of the multiple dwelling to the bureau, or from the date of the receipt of the report from the private inspector, if no notification is received from the owner of the multiple dwelling. Under the provisions of the bill, an inspector performing an emergency inspection for the bureau must review the condition of the building or structure, including the roofs, all supporting walls, and connected structures, for the existence of conditions that need immediate correction to address public health, safety and welfare concerns. The inspector must pay special attention to those issues of concern noted in the architect's or engineer's report to the owner of the multiple dwelling.
The bill also requires the Commissioner of Community Affairs to notify mayor and police chief of the municipality whenever the bureau's inspector has determined that an imminent hazard exists and the relocation of occupants is likely. The commissioner currently has the power under the "Hotel and Multiple Dwelling Law" to order the relocation of occupants tenants when imminent hazards have been cited.
Finally, the bill requires the architect or engineer who performed the private inspection for the owner of the multiple dwelling to forward to the Bureau of Housing Inspection a written copy of the report that expressed concern about the structural safety or integrity of the multiple dwelling at the same time that the written report is provided to the owner. Under the bill, failure to provide such report shall be deemed professional misconduct.
It is the intention of the sponsor that the provisions of this bill will provide greater protection to the residents of multiple dwellings in which structural concerns or other safety issues may be discovered. Had the provisions of this bill been in effect prior to the collapse on July 16, 2010 of the parking garage at the Prospect Towers high-rise residential building in Hackensack, it is likely that the structural concerns discovered in the parking garage could have been addressed quickly enough to avoid its collapse.
