New Jersey-2024-S3636-Introduced

An Act concerning the structural integrity of parking structures and supplementing chapter 27D of Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The owner of a parking structure shall engage a professional engineer to inspect the structural integrity of the parking structure at least once within five years of the effective date of this section, and thereafter, at least once every five years following the most recent inspection conducted pursuant to this section. The inspections conducted pursuant to this section shall be designed to ensure that the parking structure meets the structural integrity specifications required for the loads and uses for which the parking structure was designed and is to be used. The professional engineer shall prepare and deliver a report on the structural integrity of the parking structure to the owner within 30 business days of conducting an inspection.

b. The owner of a parking structure shall submit to the Department of Community Affairs a copy of a report on the structural integrity of a parking structure within 14 days of receipt of a report from a professional engineer pursuant to subsection a. of this section.

c. The department shall identify the parking structures in this State that are subject to the provisions of this section, and shall notify the owner of a parking structure who has not submitted a report on the structural integrity of a parking structure of the requirements of this section. The department shall allow an owner an additional 30 days, following the date the department notifies an owner of the requirements of this section, within which the owner may submit a report to the department. The department shall notify the owner of the parking structure of the department's power to close a parking structure that has not been inspected as required pursuant to this section.

d. The department may close a parking structure, or portions thereof, if either the parking structure fails inspection, or the owner fails to submit a report to the department within the time limitations afforded pursuant to this section. The department shall allow an owner to reopen a parking structure that has been closed pursuant to this section, following the department's receipt of a professional engineer's report indicating that the parking structure passed the engineer's structural integrity inspection of the parking structure.

e. As used in this section, "Professional engineer" means a person who is legally authorized to practice professional engineering in this State, as provided by P.L.1938, c.342 (C.45:8-27 et seq.), which person has attained five or more years of experience conducting structural evaluations, inspections, or both.

2. On or before the first day of the fourth month next following enactment, the Commissioner of Community Affairs shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.

3. This act shall take effect on the first day of the fourth month next following enactment, except that the Commissioner of Community Affairs may take such anticipatory action as may be necessary to implement the provisions of this act.

STATEMENT

This bill requires the owner of a parking structure to engage a professional engineer to inspect the structural integrity of the parking structure at least once every five years to ensure that the parking structure meets the loads and uses for which the parking structure was designed and is to be used. The professional engineer is required to prepare and deliver a report on the structural integrity of the parking structure to the owner within 30 business days of conducting an inspection. The owner of a parking structure is required to submit to the Department of Community Affairs (DCA) a copy of a report on the structural integrity of a parking structure within 14 days of the owner's receipt of the professional engineer's report. The bill directs the Commissioner of Community Affairs to adopt rules and regulations to effectuate this bill's provisions.

The bill also directs DCA to identify the parking structures in this State that are subject to the bill's provisions, and to notify the owner of each parking structure who has not submitted a report on the structural integrity of a parking structure of the requirements of this section. Under the bill, DCA is required to allow an owner an additional 30 days, following DCA's provision of notice, within which the owner may submit a report to the department. The bill also directs DCA to notify the owner of the parking structure of DCA's power to close a parking structure that has not been inspected.

The bill empowers DCA to close a parking structure, or portions thereof, if either the parking structure fails inspection or the owner fails to submit a report to the department within the time afforded under this section. In this instance, the bill directs DCA to reopen the parking structure upon its receipt of an engineer's report indicating that the parking structure complies with the bill's structural integrity inspection requirements.