Bill Text: NJ S1985 | 2010-2011 | Regular Session | Introduced
Bill Title: Penalizes permittees who acquire construction permits and certificates of occupancy by illegally influencing the permit procurement process; requires posting of bonds in certain situations; permits civil fines.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-05-27 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1985 Detail]
Download: New_Jersey-2010-S1985-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 12 (Mercer and Monmouth)
Senator KEVIN J. O'TOOLE
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Penalizes permittees who acquire construction permits and certificates of occupancy by illegally influencing the permit procurement process; requires posting of bonds in certain situations; permits civil fines.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the fraudulent issuance of construction permits and certificates of occupancy, supplementing and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.1975, c.217 (C.52:27D-130) is amended to read as follows:
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 writing, including signed and sealed drawings and specifications, to the enforcing agency as defined in this act. The application shall be in accordance with regulations established by the commissioner and on a form prescribed by the commissioner and shall include a statement, promulgated by the commissioner, that informs the applicant that if, after being issued a construction permit, he is indicted for, or otherwise charged with, a violation of section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue that construction permit, then the applicant's construction permit shall be revoked by the enforcing agency unless the applicant posts a bond pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or the applicant's building or structure is designated as a "public benefit structure" pursuant to subsection c. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall be accompanied by payment of the fee to be established by the municipal governing body by ordinance in accordance with standards established by the commissioner. The application for a construction permit shall be filed with the enforcing agency and shall be a public record; and no application for a construction permit shall be removed from the custody of the enforcing agency after a construction permit has been issued. Nothing contained in this paragraph shall be interpreted as preventing the imposition of requirements in the code, for additional permits for particular kinds of work, including but not limited to plumbing, electrical, elevator, fire prevention equipment or boiler installation or repair work, or in other defined situations.
No permit shall be issued for a public school facility unless the final plans and specifications have been first approved by the Bureau of Facility Planning Services in the Department of Education or a municipal code official who is appropriately licensed by the Commissioner of Community Affairs for the type and level of plans being reviewed. Approval by the Bureau of Facility Planning Services in the Department of Education shall only be required when a review for educational adequacy is necessary. Requirements determining when a review for educational adequacy is necessary shall be established jointly by the Department of Community Affairs and the Department of Education. The standards shall thereafter be adopted as part of the Uniform Construction Code regulations by the Department of Community Affairs. After the final plans and specifications have been approved for educational adequacy by the Bureau of Facility Planning Services in the Department of Education, a local board of education may submit the final plans and specifications for code approval to either the Bureau of Facility Planning Services in the Department of Education or a municipal code official who is appropriately licensed by the Commissioner of Community Affairs for the type and level of plans being reviewed. The Bureau of Facility Planning Services in the Department of Education when approving final plans and specifications shall be responsible for insuring that the final plans and specifications conform to the requirements of the code as well as for insuring that they provide for an educationally adequate facility. In carrying out its responsibility pursuant to the provisions of this section the Department of Education shall employ persons licensed by the Commissioner of Community Affairs for the type and level of plans being reviewed.
(cf: P.L.1990, c.23, s.3)
2. Section 13 of P.L.1975, c.217 (C.52:27D-131) is amended to read as follows:
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 and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the construction board of appeals unless such period of time has been extended with the consent of the applicant. The enforcing agency may approve changes in plans and specifications previously approved by it, if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit; and the enforcing agency shall insure such compliance in the manner set forth in section 14 of [this act] P.L.1975, c.217 (C.52:27D-132).
The commissioner, after consultation with the code advisory board, may, for certain classes or types of occupancy posing special or unusual hazards to public safety, establish regulations designating the department as the enforcing agency for purposes of approving plans and specifications. A municipal enforcing agency shall not grant an occupancy permit for any such class or type of construction unless the applicant submits appropriate plans and specifications certified or approved by the department. Upon submission by an applicant of such certified approved plans and specifications, the enforcing agency shall recognize the approval when deciding whether to approve the application for a construction permit.
b. A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire.
c. The enforcing agency may revoke or cancel a construction permit in the event the project for which the permit is obtained is not completed by the third anniversary of the date of issuance of the construction permit. Notwithstanding the provisions of any other law, rule or regulation to the contrary, the enforcing agency may revoke or cancel a construction permit in effect on the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.), if the project for which the construction permit was obtained is not completed by the third anniversary of the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.).
d. If the project for which the permit is obtained is not completed by a deadline set forth in this section, the permittee may submit a request for an extension of the permit to the enforcing agency for review. The enforcing agency may extend the permit for a period of one year. Approval of the extension shall not be unreasonably withheld. Denial of a request for an extension may be appealed to the county construction board of appeals established pursuant to section 9 of P.L.1975, c.217 (C.52:27D-127). If a project is not completed within the deadline set forth in this section, the enforcing agency shall take all appropriate action up to and including demolition of the uncompleted structure.
The provisions of this subsection shall not apply to a permit obtained: (1) to construct improvements to the interior of a residential property in which the permittee is currently residing that are not visible from the outside of the residential property, (2) for any building of which the exterior and all required site improvements have been fully constructed, or (3) for a project while that project is under the control of a mortgagee in possession.
The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.
If the permittee is convicted under section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue the permittee's construction permit, the enforcing agency shall revoke the construction permit. If the permittee is indicted for, or otherwise charged with, a violation of section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue that construction permit, then the enforcing agency shall revoke the construction permit unless the permittee posts a bond pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.457, s.1)
3. (New section) a. The enforcing agency shall require owners who have been issued a construction permit and indicted for, or otherwise charged with, a violation of section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue that construction permit, other than those owners who meet the requirements of subsection c. of this section, to post a bond, which shall be forfeit if the owner is convicted under section 6 of P.L.2003, c.255 (C.2C:27-11).
b. The bond required under subsection a. of this section shall be in an amount equal to the cost, as estimated by the enforcing agency, of removing the building, structure, or improvement, together with the estimated cost, as determined by the municipal attorney, of filing legal papers, expert witnesses' fees, search fees, and advertising charges incurred in the course of any proceeding taken under P.L.2001, c.457 (C.52:27D-131.1 et al.) or under P.L.1975, c.217 (C.52:27D-119 et seq.).
c. An owner shall not be required to post a bond pursuant to subsection a. of this section if the chief executive of the municipality designates the building, structure, or improvement as a "public benefit structure." In order for a building, structure, or improvement to be designated as a "public benefit structure," the owner, or his agent, engineer, or architect, shall submit an application in writing, in accordance with regulations established by the commissioner and on a form prescribed by the commissioner, to the chief executive of the municipality in which the building, structure, or improvement is located. The application shall include, but not be limited to, information that demonstrates that the building, structure, or improvement to be constructed or altered would provide a public benefit. The chief executive may designate a building, structure, or improvement as a "public benefit structure" upon a finding that the building, structure, or improvement would provide a public benefit. The chief executive shall reduce his decision to writing and shall mail a copy of his decision to the applicant within five business days after rendering his decision. If the chief executive denies the application for designation, the owner may appeal the decision to the commissioner within 30 business days after the rendering of the chief executive's decision.
4. (New section) a. If the holder of a certificate of occupancy is convicted under section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue the certificate of occupancy, then the municipal attorney shall hire a registered architect or licensed professional engineer to inspect and certify that all of the work covered by the construction permit shall have been completed in accordance with the permit, the code, and other applicable laws and ordinances. The cost of any such certification shall be a municipal lien against the real property upon which the building or structure inspected is situated. The lien shall be filed and shall be enforceable in the same manner as are other municipal liens.
b. If the registered architect or licensed professional engineer hired pursuant to subsection a. of this section certifies that all of the work covered by the construction permit was not completed in accordance with the permit, the code, and other applicable laws and ordinances, he shall report the following, on a form prescribed by the commissioner pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the enforcing agency and to the holder of the certificate of occupancy, within five business days of performing the inspection:
(1) That all of the work covered by the construction permit was not completed in accordance with the permit, the code, and other applicable laws and ordinances; and
(2) The repairs or alterations needed to be made to the building or structure in order for the building or structure to be constructed or altered in accordance with the permit, the code, and other applicable laws and ordinances.
c. Upon receiving a report pursuant to subsection b. of this section, the enforcing agency shall revoke the owner's certificate of occupancy and shall not reissue the certificate of occupancy until the registered architect or licensed professional engineer hired pursuant to subsection a. of this section certifies in writing to the enforcing agency that all of the repairs or alterations listed in paragraph (2) of subsection b. of this section have been completed. The cost of any such certification shall be a municipal lien against the real property upon which the building or structure inspected is situated. The lien shall be filed and shall be enforceable in the same manner as are other municipal liens.
d. A holder of a certificate of occupancy whose certificate is revoked pursuant to subsection c. of this section, shall be subject to a civil fine not to exceed $50,000, to be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The fine collected pursuant to this subsection shall be deposited in the treasury of the municipality in which the owner's structure or building is located.
e. If the registered architect or licensed professional engineer hired pursuant to subsection a. of this section certifies that all of the work covered by the construction permit was completed in accordance with the permit, the code, and other applicable laws and ordinances, he shall report his finding, on a form prescribed by the commissioner pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the enforcing agency and to the holder of the certificate of occupancy within five business days of performing the inspection.
f. The holder of a certificate of occupancy who is convicted under section 6 of P.L.2003, c.255 (C.2C:27-11) for conferring, or agreeing to confer, a benefit to influence the enforcing agency's decision to issue the certificate of occupancy, but whose certificate is not revoked pursuant to subsection c. of this section, shall be subject to a civil fine not to exceed $10,000, to be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The fine collected pursuant to this subsection shall be deposited in the treasury of the municipality in which the owner's structure or building is located.
5. This act shall take effect immediately and only shall apply to holders of construction permits and holders of certificates of occupancy who are indicted, charged, or convicted under section 6 of P.L.2003, c.255 (C.2C:27-11) on, or after, the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill would penalize permittees who illegally influence the construction permit and certificate of occupancy procurement processes. If the holder of a construction permit is convicted of bribing, or attempting to bribe, a municipal construction official or subcode official, this bill would require the revocation of the construction permit. If the holder of a construction permit is indicted for bribing, or attempting to bribe, a municipal construction official or subcode official, this bill would revoke the construction permit unless the holder either posts a bond or has his building designated as a "public benefit structure," a designation given by the municipality's chief executive officer upon a finding that the building would provide a public benefit.
If the holder of certificate of occupancy is convicted of bribing, or attempting to bribe, a municipal construction official or subcode official, this bill would require the municipal attorney to hire a qualified professional to certify that the construction or alteration satisfies the conditions outlined in the construction permit. The costs associated with this certification would be a lien against the owner's property.
If the qualified professional determines that the construction or alteration was not completed in accordance with the construction permit, the enforcing agency would be required to revoke the certificate of occupancy. If such a revocation occurs, the owner would be subject to a civil fine of up to $50,000 and would be unable to receive another certificate of occupancy until his building or structure conformed to the requisite requirements. If the qualified professional determines that the construction or alteration was completed in accordance with the construction permit, the owner would be subject to a civil fine of up to $10,000.
