Bill Text: NJ A610 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes municipal authority to supervise, discipline and terminate employment of construction code officials.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [A610 Detail]
Download: New_Jersey-2012-A610-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Establishes municipal authority to supervise, discipline and terminate employment of construction code officials.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning municipal authority over certain employees and amending P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1975, c.217 (C.52:27D-124) is amended to read as follows:
6. The commissioner shall have all the powers necessary or convenient to effectuate the purposes of this act, including, but not limited to, the following powers in addition to all others granted by this act:
a. To adopt, amend and repeal, after consultation with the code advisory board, rules: (1) relating to the administration and enforcement of this act and (2) the qualifications or licensing, or both, of all persons employed by enforcing agencies of the State to enforce this act or the code, except that, plumbing inspectors shall be subject to the rules adopted by the commissioner only insofar as such rules are compatible with such rules and regulations, regarding health and plumbing for public and private buildings, as may be promulgated by the Public Health Council in accordance with Title 26 of the Revised Statutes.
b. To enter into agreements with federal and State of New Jersey agencies, after consultation with the code advisory board, to provide insofar as practicable (1) single-agency review of construction plans and inspection of construction and (2) intergovernmental acceptance of such review and inspection to avoid unnecessary duplication of effort and fees. The commissioner shall have the power to enter into such agreements although the federal standards are not identical with State standards; provided that the same basic objectives are met. The commissioner shall have the power through such agreements to bind the State of New Jersey and all governmental entities deriving authority therefrom.
c. To take testimony and hold hearings relating to any aspect of or matter relating to the administration or enforcement of this act, including but not limited to prospective interpretation of the code so as to resolve inconsistent or conflicting code interpretations, and, in connection therewith, issue subpena to compel the attendance of witnesses and the production of evidence. The commissioner may designate one or more hearing examiners to hold public hearings and report on such hearings to the commissioner.
d. To encourage, support or conduct, after consultation with the code advisory board, educational and training programs for employees, agents and inspectors of enforcing agencies, either through the Department of Community Affairs or in cooperation with other departments of State government, enforcing agencies, educational institutions, or associations of code officials.
e. To study the effect of this act and the code to ascertain their effect upon the cost of building construction and maintenance, and the effectiveness of their provisions for insuring the health, safety, and welfare of the people of the State of New Jersey.
f. To make, establish and amend, after consultation with the code advisory board, such rules as may be necessary, desirable or proper to carry out his powers and duties under this act.
g. To adopt, amend, and repeal rules and regulations providing for the charging of and setting the amount of fees for the following code enforcement services, licenses or approvals performed or issued by the department, pursuant to the "State Uniform Construction Code Act:"
(1) Plan review, construction permits, certificates of occupancy, demolition permits, moving of building permits, elevator permits and sign permits; and
(2) Review of applications for and the issuance of licenses certifying an individual's qualifications to act as a construction code official, subcode official or assistant under this act.
(3) (Deleted by amendment, P.L.1983, c.338).
h. To adopt, amend and repeal rules and regulations providing for the charging of and setting the amount of construction permit surcharge fees to be collected by the enforcing agency and remitted to the department to support those activities which may be undertaken with moneys credited to the Uniform Construction Code Revolving Fund.
i. To adopt, amend and repeal rules and regulations providing for:
(1) Setting the amount of and the charging of fees to be paid to the department by a private agency for the review of applications for and the issuance of approvals authorizing a private agency to act as an on-site inspection and plan review agency or an in-plant inspection agency;
(2) The setting of the amounts of fees to be charged by a private agency for inspection and plan review services; provided, however, that such fees shall not be more than those adopted and charged by the department when it serves as a local enforcement agency pursuant to section 10 of P.L.1975, c.217 (C.52:27D-128); and
(3) The formulation of standards to be observed by a municipality in the evaluation of a proposal submitted by a private agency to provide inspection or plan review services within a municipality.
j. To enforce and
administer the provisions of the "State Uniform Construction Code
Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and the code promulgated
thereunder, and to prosecute or cause to be prosecuted violators of the
provisions of that act or the
code promulgated thereunder in administrative hearings and in civil proceedings
in State and local courts.
k. To monitor the compliance of local enforcing agencies with the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), to order corrective action as may be necessary where a local enforcing agency is found to be failing to carry out its responsibilities under that act, to supplant or replace the local enforcing agency for a specific project, and to order it dissolved and replaced by the department where the local enforcing agency repeatedly or habitually fails to enforce the provisions of the "State Uniform Construction Code Act." Notwithstanding the provisions of this section, or any law or regulation to the contrary, the appointing authority of a municipality shall have the power to supervise individual code enforcement officials, and to take disciplinary action as may be necessary when a code enforcement official is failing to carry out his duties as an employee of the municipality, when his conduct violates any applicable municipal ordinance, including but not limited to an ordinance establishing conflict of interest rules for code enforcement officials, or when the code enforcement official exhibits general misconduct. The municipality shall have the power to terminate the employment of any code enforcement official appointed pursuant to section 8 of P.L.1975, c.217 (C.52:27D-126), subject to the right of the code enforcement official to a hearing as may be granted by law.
l. To adopt, amend and repeal rules and regulations implementing the provisions of P.L.1999, c.15 and P.L.2003, c.44 concerning the installation and maintenance of carbon monoxide sensors.
(cf: P.L.2003, c.44, s.2)
2. Section 8 of P.L.1975, c.217 (C.52:27D-126) is amended to read as follows:
8. a. (1) The
appointing authority of any municipality shall appoint a construction official
and any necessary subcode officials to administer and enforce the code. The
appointing authority may, by resolution or order as appropriate, set the total
number of weekly hours of operation of the construction official's office and
the total number of weekly work hours of the construction official,
commensurate with the compensation paid to the construction official. The
appointing authority shall not set the specific work hours of the construction
official. The appointing authority shall also appoint a construction board of
appeals to hear and decide appeals from decisions made by said construction
official and subcode officials, in the administration and enforcement of the
code. Nothing herein, however, shall prevent a municipality from accepting
inspections as to compliance with the code or any
subcode thereof made by an inspection authority approved by the State of New
Jersey pursuant to law.
(2) Notwithstanding the provisions of this section, or any law or regulation to the contrary, the appointing authority of a municipality shall have the power to supervise any code enforcement official appointed pursuant to paragraph (1) of this subsection, and to take disciplinary action as may be necessary when a code enforcement official is failing to carry out his duties as an employee of the municipality, when his conduct violates any applicable municipal ordinance, including but not limited to an ordinance establishing conflict of interest rules for code enforcement officials, or when the code enforcement official otherwise exhibits general misconduct in the performance of his duties. The municipal authority shall have the power to terminate the employment of any code enforcement official appointed pursuant to paragraph (1) of this subsection, provided that the requirements of paragraph (3) of this subsection are met, and subject to the right of the code enforcement official to a hearing as may be granted in this section or by any other law.
(3) The appointing authority of a municipality shall, by ordinance, establish written criteria for what constitutes misconduct by a code enforcement official in the performance of his duties, including but not limited to neglect of duty, conflict of interests violations, unsatisfactory performance, incapacity, inefficiency, or any other disqualifying cause. The ordinance establishing the criteria shall also indicate the disciplinary measure that the appointing authority will take in response to each finding of misconduct, including when misconduct would lead to employment termination. The appointing authority shall provide this information, in writing, to all code enforcement officials appointed pursuant to paragraph (1) of this subsection.
b. To establish tenure rights or any other right or protection provided by the "State Uniform Construction Code Act" or Title 11A, Civil Service, of the New Jersey Statutes, or any pension law or retirement system, the job title "construction official" shall be equivalent to that job title which, prior to the adoption of the State Uniform Construction Code as provided in section 5 of the "State Uniform Construction Code Act," entailed the chief administrative responsibility to enforce all construction codes which had been adopted by the municipal governing body, the enforcement of which was not the responsibility of an authorized private inspection agency; and the job title "subcode official" shall be equivalent to that job title which, prior to the adoption of the State Uniform Construction Code, entailed subordinate administrative responsibility to enforce one or more of the following construction codes: building, plumbing, electrical or fire code.
Any person, in a municipality operating under Title 11A, Civil Service, of the New Jersey Statutes, who, prior to the adoption of the State Uniform Construction Code, held the equivalent of the job title "construction" official or "subcode" official, but who no longer holds his position as a result of a determination that his old job title was not equivalent to that of "construction" official or "subcode" official, shall be offered reappointment as a construction official or subcode official, as the case may be, and shall be granted permanent classified status in such position. Tenure shall continue for (1) any construction official or subcode official who is serving under tenure as otherwise provided by law on the effective date of this act or within one year thereafter, or (2) any person certified pursuant to subsection c. of this section and who subsequently gains such tenure.
A construction official or
subcode official appointed in a municipality operating under the provisions of
Title 11A, Civil Service, of the New Jersey Statutes, who, at the time of
adoption of the State Uniform Construction Code, January 1, 1977, or prior to
January 1, 1981, had permanent classified status or was employed as a
construction official or subcode official or in another position in the
unclassified service, shall be included in the classified service without civil
service examination in his respective title of construction official or subcode
official. Any individual employed by a municipality, who, in his employment
with the municipality between January 1, 1977 and prior to January 1, 1981, was
charged with the chief administrative responsibility to enforce all existing
municipal construction codes, shall be deemed as appointed to the position of
construction official for the purposes of this act. Any individual employed by
a municipality, who, in his employment with the municipality between January 1,
1977 and prior to January 1, 1981, was charged with chief responsibility to
enforce the municipal building, plumbing, fire, or electrical code, shall be
deemed as appointed to the position of subcode official for the purposes of
this act. No person, on or after January 1, 1981, shall be appointed as
construction or subcode official in a municipality operating under Title 11A,
Civil Service, of the New Jersey Statutes without having passed an examination
administered by the Merit System Board certifying the merit and fitness of the
person to hold such position; provided that, whenever a noncivil service
municipality adopts the provisions of that Title, construction code officials
and subcode officials of such municipality appointed prior to the filing of the
petition for the adoption of civil service, shall attain permanent status in
the classified service without examination. Any construction or subcode
official appointed after January 1, 1981 on a provisional basis in a
municipality which has adopted the provisions of Title 11A, Civil Service, of
the New Jersey Statutes, may not be removed from office except for just cause
after a fair and impartial hearing has been held at the local level, with no further
appeal to the Merit System Board; provided, however, that such a construction
or subcode official may be
removed to permit the appointment of a person certified for appointment by the
Merit System Board.
A construction official or subcode official in a noncivil service municipality shall be appointed for a term of four years and shall, upon appointment to a second consecutive term or on or after the commencement of a fifth consecutive year of service, including years of service in an equivalent job title held prior to the adoption of the State Uniform Construction Code, be granted tenure and shall not be removed from office except for just cause after a fair and impartial hearing.
A construction or subcode official, to be eligible for appointment in civil service or noncivil service municipalities, shall be certified by the State of New Jersey in accordance with subsection c. of this section and shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or five years' experience in construction, design, or supervision as an architect or engineer with a bachelor's degree from an accredited institution of higher education; or 10 years' experience in construction, design or supervision as a journeyman in a trade or as a contractor. A subcode official shall, pursuant to any subcode which he administers, pass upon:
(1) matters relative to the mode, manner of construction or materials to be used in the erection or alteration of buildings or structures, except as to any such matter foreclosed by State approval pursuant to this act, and (2) actual execution of the approved plans and the installation of the materials approved by the State. The construction official in each municipality shall be the chief administrator of the "enforcing agency." He shall have the power to overrule a determination of a subcode official based on an interpretation of a substantive provision of the subcode which such subcode official administers, only if the construction official is qualified to act pursuant to this act as a subcode official for such subcode. He may serve as subcode official for any subcode which he is qualified under this act to administer. A subcode official or municipal engineer may serve as a construction official if otherwise qualified under the provisions of this act. The municipal enforcing agency shall require compliance with the provisions of the code, of all rules lawfully adopted and promulgated thereunder and of laws relating to the construction, alteration, repair, removal, demolition and integral equipment and location, occupancy and maintenance of buildings and structures, except as may be otherwise provided for.
Two or more municipalities may provide by ordinance, subject to regulations established by the commissioner, for the joint appointment of a construction official and subcode official for the purpose of enforcing the provisions of the code in the same manner.
c. No person shall act as a construction official or subcode official for any municipality unless the commissioner determines that said person is so qualified, except for the following:
(1) a municipal construction official or subcode official holding office under permanent civil service status, or tenure as otherwise provided by law on the effective date of this act or within one year thereafter and (2) a municipal construction official or subcode official holding office without such permanent civil service status or tenure on the effective date of this act or within one year thereafter; provided said construction official or subcode official not having such permanent civil service status or tenure shall be certified in accordance with this act within four years of the effective date thereof; provided further that a person holding on the effective date of this act a valid plumbing inspector's license from the Department of Health and Senior Services pursuant to Title 26 of the Revised Statutes may serve as a plumbing subcode official and a person holding on the effective date of this act a valid electrical inspector's license from the Board of Public Utilities pursuant to Title 48 of the Revised Statutes may serve as an electrical subcode official. The commissioner, after consultation with the code advisory board, may authorize the preparation and conducting of oral, written and practical examinations to determine if a person is qualified by this act to be eligible to be a construction official or subcode official or, in the alternative, may accept successful completion of programs of training as proof of qualification within the meaning of this act. Upon a determination of qualification the commissioner shall issue or cause to be issued a certificate to the construction official or subcode official or trainee stating that he is so certified. The commissioner, after consultation with the code advisory board, may establish classes of certification that will recognize the varying complexities of code enforcement in the municipalities within the State. The commissioner shall, after consultation with the code advisory board, provide for educational programs designed to train and assist construction officials and subcode officials in carrying out their responsibilities.
Whenever the commissioner is required by the terms of this subsection to consult with the code advisory board and the matter in question concerns plumbing subcode officials, the commissioner shall also consult with the Public Health Council and Commissioner of Health and Senior Services.
d. The commissioner, after consultation with the code advisory board, may periodically require that each construction official and subcode official demonstrate a working knowledge of innovations in construction technology and materials, recent changes in and additions to the relevant portions of the State Uniform Construction Code, and current standards of professional ethics and legal responsibility; or, in the alternative, the commissioner, after consultation with the code advisory board, may accept successful completion of appropriate programs of training as proof of such working knowledge.
(cf: P.L.2000, c.126, s.29)
3. This act shall take effect immediately
STATEMENT
Under existing law, a municipality has the power to appoint a construction official and any other necessary subcode officials charged with enforcing the "State Uniform Construction Code," P.L.1975, c.217 (C.52:27D-119 et seq.). This bill amends existing law to also empower the appointing authority in a municipality with supervisory and disciplinary powers, including the authority to terminate the employment of the construction code officials it appoints.
While the Department of Community Affairs is in charge of licensing and other employment eligibility requirements for the construction official and the subcode officials, the municipality has the authority to regulate the local construction code officials in certain areas, such as the total number of weekly hours an employee must work, and matters concerning conflict of interest in the performance of duties. Given that the municipality is more likely to ascertain whether or not an employee is performing his job in a timely and proper manner, the municipality should have the power to also supervise the employee, take the necessary disciplinary action, and terminate employment, if appropriate.
