N.J. Admin. Code § 5:23-4.5 - Municipal enforcing agencies-administration and enforcement
(a)
Records and procedures: The municipality shall ensure that the construction
official , with the assistance of the subcode officials and other necessary
municipal employees, maintains a central file system, by block and lot, for
each property in the municipality for which a permit has been issued or
requested or for which an action has been taken by the municipal enforcing
agency .
1. The files shall contain all
information, including inspection reports, correspondence, and so forth,
relevant to each application for a construction permit or certificate of
occupancy .
2. The files shall
contain or indicate the storage location of all plans and specifications too
bulky for inclusion in the central file.
3. The files and records of the municipal
enforcing agency shall be open to Department review and audit during normal
business hours.
i. File copies of all
documents in connection with building operations shall be retained in the
official records as provided by law.
ii. Files and records shall be maintained in
a manner consistent with the Municipal Procedures Manual established by the
commissioner for this purpose.
(b) Forms:
1. The construction official shall ensure
that all necessary application forms are available to the public at the central
permit office.
2. The following
standardized forms established by the Commissioner are required for use by the
municipal enforcing agency :
| Form No | Name |
| F100 |
|
| F101 | Consent to Undertake Proposed Work |
| F102 | Application for Annual Permit |
| F110 |
|
| F120 | Electrical |
| F130 | Plumbing |
| F140 | Fire |
| F145 | Mechanical Inspection Technical Section |
| F150 |
|
| F155 |
|
| F160 | Application for a Variation |
| F170 |
|
| F180 |
|
| F190 | Permit Update |
| F211 | Notice of Violation and Order to Terminate |
| F212 | Notice and Order of Penalty |
| F213 | Notice of Violation and Order to
Terminate (Post |
| F214 | Notice and Order of Penalty (Post
|
| F221 | Inspection Sticker Approval for
|
| F222 | Inspection Sticker Approval for Electric |
| F223 | Inspection Sticker Approval for Plumbing |
| F224 | Inspection Sticker Approval for Fire Protection |
| F225 | Inspection Sticker Approval for
|
| F226 | Inspection Sticker Approval for Mechanical |
| F230 | Inspection Sticker Approval--Not Approved |
| F241 | Notice of Unsafe |
| F242 | Notice of Imminent Hazard |
| F245 | Notice to Vacate |
| F250 |
|
| F255 | Stop |
| F260 | Certificate |
| F270 | Application for Certificate |
| F310 |
|
| F320 |
|
| F325 | Notice of |
| F326 | Accident/Incident Report |
| F350 | Cut-In Card |
| F360 | Denial of Permit |
| F370 | Chimney Verification for Replacement of
Fuel Fired |
| F380 | Hydraulic System Data Plate |
| F390 | Framing Checklist |
| F391 | Digital Alarm Communicator Transmitters
(DACT) utilizing Managed |
| F392 | Air Barrier and Insulation Checklist |
3.
The following standardized forms established by the Commissioner are optional
for use by the municipal enforcing agency ; provided, however, that where they
are not used, equivalent forms or mechanisms are used by the enforcing agency
to accomplish the same purpose. These forms, or those equivalent forms used by
the enforcing agency , shall be available to the Department for review and
audit, upon request:
| Form No. | Name |
| F200 | Inspection Notice |
| F280 | T.C.O. Control Card |
| F290 | Ongoing Inspections Control Card |
| F300 | Ongoing Inspections Schedule |
| F375 | Tickler/X-Ref Card |
4. No
forms other than those established by the Commissioner shall be required of the
public in connection with the administration and enforcement of the State
Uniform Construction Code . The municipal enforcing agency may use additional
forms for its own internal processing and recordkeeping. Nothing in this
section pertaining to forms or in the forms themselves shall be deemed to
affect the requirements for plans and specifications or documentation of prior
approvals . Where there is insufficient space on a form for all required
information, the form shall be used with attachments.
5. Printing of forms: The municipal enforcing
agency shall arrange for the printing of all forms to be used in the office and
application forms to be used by the public. Other interested persons may also
arrange for the printing of forms or may purchase and use forms printed by
others. The municipal enforcing agency may provide for the inclusion of its
name and other appropriate identifying information on the forms it has printed.
However, the municipal enforcing agency shall accept forms not having municipal
identification and shall , in any such case, insert the name of the
municipality . All required forms shall be exact replicas of the forms required
by the Commissioner , conforming in content, size, format, and colors, except
that all multi-part forms may be printed with an additional copy, so long as
the additional copy shall be in a color distinct from those specified by the
Commissioner . Forms F110, F120, F130, and F140 may have the Subcode Technical
Sections printed in any color or colors of ink as desired and Form F310
(Elevator Inspection) may be printed as a multipart form on separate pages with
up to four copies of each page.
(c) Logs:
1.
The following standardized logs established by the Commissioner are required to
be maintained by the municipal enforcing agency :
| Log No | Name |
| L700 | Permit Fee Log |
| L710 | Inspection Log |
| L720 | Certificate Log |
| L730 | Ongoing Inspection Log |
2.
The municipal enforcing agency shall maintain the required logs either on log
sheets established by the commissioner or on log sheets or ledger books of its
own choice or design, provided that all required entries are
maintained.
(d) Monthly
reports:
1. The following standardized report
forms established by the Commissioner are required to be completed by the
municipal enforcing agency and transmitted to the Department by the tenth
business day following the end of each calendar month:
| Report No | Name |
| R811 | Municipal Monthly Activity Report Certificates |
| R812 | Municipal Monthly Activity Report Permits |
2.
Municipalities currently submitting monthly reports electronically shall
continue to do so. Municipalities that do not already submit monthly reports
electronically shall begin to do so according to the following schedule:
i. By December 31, 1992, all municipalities
issuing 600 or more permits per year as determined by the Department shall
submit monthly reports electronically.
ii. By December 31, 1993, all municipalities
issuing fewer than 600, but more than 200, permits per year as determined by
the Department shall submit monthly reports electronically.
iii. All other municipalities shall have the
option of submitting monthly reports electronically or by mail. Any
municipality which issues more than 200 permits per year as determined by the
Department for any future year shall submit monthly reports electronically
beginning during the following year.
iv. A municipality that determines that
compliance with this schedule would impose an undue hardship may apply to the
Department for an extension of time. A request for an extension shall be in
writing and shall set forth the reason(s) for such extension and the period of
time for which the extension is sought. The Department shall give the
municipality written notice of its determination in response to the extension
request.
(e)
Quarterly reports: The following standardized report established by the
Commissioner are required to be completed by the local enforcing agency for
State of New Jersey training fees and surcharge fees incurred when utilizing
NJEPPRS, the Department 's electronic permitting system. Such reports must be
submitted quarterly, with the accompanying fees, pursuant to
N.J.A.C.
5:23-4.19 and 4.22:
| Report No. | Name |
| R840 | State Training Fee Report |
| R841 | Electronic Permitting Surcharge Fees |
(f)
The following standardized report form established by the Commissioner is
optional for use by the municipal enforcing agency :
| Report No | Name |
| R800 | Inspector's Report |
(g)
Exceptions: Exceptions may be made by the municipal enforcing agency to those
requirements for records and procedures, forms, logs, and reports as stated in
this section and in the Municipal Procedures Manual established by the
commissioner only with the express written authorization of the Department .
Requests for exceptions shall be in writing and shall detail the requirement(s)
to which an exception is sought, the reason(s) for such exception and the
duration for which the exception is sought, and shall be accompanied by any
appropriate documentation and examples of alternative procedures, forms, logs
or reports.
(h) Duties of
construction officials:
1. The construction
official shall enforce the regulations and:
i.
Provide that applications are available, and assist the public in preparing the
applications whenever necessary;
ii. Review all applications for completeness
as to form and for verification of prior approvals . He may request additional
documentation concerning prior approvals whenever it is deemed
necessary;
iii. Upon receipt of the
completed application, the construction official shall determine the proper fee
for the work required;
iv. Collect
all fees and penalties and ensure that funds are properly accounted
for;
v. Ensure that the proper
subcode official shall have an adequate time period to review appropriate
applications, plans and specifications ;
vi. Ensure that all requests for variation
are properly prepared, documented and referred to the appropriate subcode
officials;
vii. Issue the
construction permit upon receiving the approval of all appropriate subcode
officials;
viii. Record all notices
of violation upon receiving notification of the appropriate subcode official,
and determine all penalties for noncompliance with the penalty
notices;
ix. Ensure that all
required inspections are scheduled and performed within three business days of
the time for which inspection has been requested;
x. Ensure that the reports of all inspections
are completed and properly filed;
xi. Record stop construction orders upon
notification of the appropriate subcode official or, in the case of a
development-wide stop construction order , issue the stop construction order
upon recommendation of the appropriate subcode official. Within 24 hours of
issuance, a copy of the development-wide stop construction order shall be
forwarded to the Department via mail to: Department of Community Affairs,
Office of Regulatory Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ
08625.
xii. Ensure that all final
inspections have been completed prior to the issuance of a certificate of
occupancy .
(1) Ensure that all inspection
required for the purpose, has been completed prior to the issuance of temporary
certificate of occupancy ;
xiii. Issue the certificate of occupancy ,
upon receiving the approval of all appropriate subcode officials.
(1) Issue the temporary certificate of
occupancy , upon receiving the approval of all appropriate subcode
officials;
xiv. Ensure,
in the case of a change of use , or upon a request for a certificate of
continued occupancy , that each subcode official gives an approval based on an
inspection and the review of all submitted data before issuing a certificate of
continued occupancy ;
xv. Prepare
and obtain reports required in the regulations;
xvi. Attend meetings and hearings as required
by the regulations;
xvii. Carry out
such other functions as are necessary and appropriate to the position of
construction official ;
xviii.
Coordinate the activities of the subcode officials in enforcement of the energy
radon hazard, elevator safety and mechanical subcodes;
xix. Reply within three business days to any
request from the municipal search officer for information concerning
construction permits or certificates of occupancy;
xx. Within 10 business days of issuance,
provide written notice to the fire official for the municipality appointed
pursuant to
N.J.S.A. 52:27D-203 of all permits issued for
installations of roof-mounted photovoltaic systems;
xxi. Comply with any local procedures which
may be established by the governing body to provide the municipal search
officer with information concerning construction permits and certificates of
occupancy;
xxii. File with the
Department a notice of the execution of each contract with a private on-site
inspection agency, which notice shall specify the subcode (s) covered by the
contract, within 10 days after the effective date of the contract;
xxiii. Take or initiate appropriate
disciplinary action in the case of any subcode official or inspector failing to
properly enforce the UCC. If the action includes suspension or dismissal, the
construction official shall report this action to the Office of Regulatory
Affairs via mail: Department of Community Affairs, Office of Regulatory
Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ 08625;
xxiv. Issue a notice of violation pursuant to
N.J.A.C.
5:23-2.35 for any violation of the provisions
of the Code in effect at the time of permit application that comes to his or
her attention. Pursuant to
N.J.S.A. 2A:14-1.1, no notice of violation may be
issued to the developer or to any contractor more than 10 years after issuance
of the certificate of occupancy ;
xxv. Ensure that all units within a
residential development, other than Group R-1, that might have similar
violations are inspected for such violations and that any such violations found
are cited and abated if violations of the provisions of the Code in effect at
the time of permit application listed at
N.J.A.C.
5:23-2.35(a)1 are found in
a residential structure in the development subsequent to the issuance of a
certificate of occupancy . The construction official shall supervise the work of
any professional engineer or registered architect hired by the municipality for
this purpose; and xxvi. Report the name of the developer and the nature of the
code violation(s) to the Department by sending this information in writing to
the Office of Regulatory Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ
08625 whenever:
(1) It is necessary to take
development-wide action for code violations discovered after issuance of
certificate(s) of occupancy pursuant to
N.J.A.C.
5:23-2.35(a)1;
(2) The municipal engineer advises the
construction official that the municipality has had to call a bond posted
pursuant to
N.J.S.A. 40:55D-53 due to failure of the developer to
complete site improvements satisfactorily; or
(3) The developer fails to maintain funds in
the escrow account required pursuant to
N.J.A.C.
5:23-4.17 unless the charges to the escrow
account are under appeal.
2. Nothing contained herein shall prevent the
construction official from overruling a decision of a subcode official if he is
qualified and certified in that subcode pursuant to subchapter 5 of this
chapter.
(i) Duties of
subcode officials:
1. The subcode official
shall enforce the regulations and:
i. Review
those aspects of the application, plans and specifications appropriate to his
subcode for approval and release to the construction official for issuance of
the permit;
ii. Receive and review
directly from the applicant applications involving only one trade or subcode
and minor or emergency work for approval and release to the construction
official for issuance of the permit;
iii. Collect fees for permit applications
involving only trade or subcode and minor or emergency work and forward same to
the construction official for proper accounting;
iv. Comply with the time limitations for
review as determined by the construction official ; v. Review requests for
variations as necessary;
vi.
Perform all required inspections within three business days of the time for
which inspection has been requested;
vii. Issue in the name of the enforcing
agency notices of violation and notify the construction official of same. The
subcode official may issue verbal orders at the jobsite and shall record such
orders in his inspection report;
viii. Complete reports of all inspections
performed;
ix. Issue stop
construction orders in the name of the enforcing agency and notify the
construction official of same or, in the case of a development-wide stop
construction order , make a recommendation to the construction official for
issuance of the order;
x. Perform
final inspection and notify construction official of approval in order that the
construction official may issue certificate of occupancy ;
xi. Make inspection, review submitted data
and notify construction official of approval in the case of a change of use , or
a request for a certificate of continued occupancy ;
xii. Assist the construction official in the
preparation of all reports required in the regulations;
xiii. Attend meetings and hearings as
required by the regulations;
xiv.
Issue documentation and certification, such as cut-in cards to utilities and/or
public agencies if required by the regulations;
xv. Carry out such other functions as are
necessary and appropriate to the position of subcode official.
2. In the course of enforcing the
regulations, the fire protection subcode official shall cooperate, to the
greatest extent possible, with the local fire service, which is the local fire
department or district having jurisdiction.
i. The fire protection subcode official
shall , upon request of the local fire service, allow a designated
representative of the local fire service reasonable access to, and opportunity
to review, plans submitted to the fire protection subcode official for his
approval.
ii. The fire protection
subcode official shall consult with the local fire service prior to granting
any variations from the requirements of the fire protection subcode . If the
fire protection subcode official is not himself a member of the local fire
service, he shall , upon receipt of an application for a variation, forward a
copy thereof to the local fire service and shall not grant a variation until he
has received the comments of the local fire service or until 10 business days
have passed, whichever comes first.
iii. The participation of the local fire
service in the code enforcement process shall in no way be construed as
reducing the responsibility of the fire protection subcode official for the
proper enforcement of the fire protection subcode . Advice rendered by the local
fire service shall in no way be binding upon the subcode official.
(j) Conflict of
interest:
1. No person employed by an
enforcing agency as a construction or subcode official or as an inspector shall
knowingly carry out any inspection or enforcement procedure with respect to any
property or business in which he or she, or any close relative or household
member, or his or her superior within the enforcing agency , or any close
relative or household member of such superior, or any other public official or
employee having any direct or indirect control over the funding or operations
of the enforcing agency , or any household member of any such public official or
employee, has an economic interest. For purposes of this paragraph, "close
relative" shall mean and include a spouse, sibling, ancestor or descendant, or
the spouse of any of them.
i. Where an
inspection or enforcement procedure is necessary or required in any such
property or business, and there is no other person employed by the enforcing
agency who is qualified, pursuant to this chapter, to perform the inspection or
enforcement procedure and who is not a subordinate of the person with the
direct or indirect economic interest in such property or business, the official
or inspector shall arrange for the inspection or enforcement to be carried out
either by another local enforcing agency or by the Department .
ii. A separate log shall be maintained by the
enforcing agency of all inspections and enforcement procedures performed, when
permitted in accordance with (j)1i above, with regard to any properties or
businesses in which any persons employed by the enforcing agency have a direct
or indirect economic interest.
iii.
Where an inspection or enforcement procedure is performed by another enforcing
agency due to a conflict of interest, the fee schedule of the enforcing agency
in which the project is located shall be utilized in calculating the fees for
the project. The State training fee for the project and the reporting of the
project pursuant to Department requirements shall be submitted by the enforcing
agency where the project is located. After inspection or enforcement procedures
have been performed, the agency that performed such procedures shall provide
the information required to be reported to the municipality where the project
is located. Permit documentation shall be shared between the local enforcing
agencies for timely and accurate reporting. The prior approvals required in the
municipality where the project is located shall apply.
2. No person employed by an enforcing agency
as a construction or subcode official, assistant to the construction or subcode
official, trainee, inspector, or plan reviewer, shall , whether directly or
indirectly, be engaged in ownership of, or employment by, or contracting to
provide goods or services to, any business furnishing labor, materials,
products, or services for the construction , alteration , or demolition of
buildings or structures, or for the maintenance of any equipment or building
component the maintenance of which is regulated pursuant to this chapter, that
is engaged in any such activity within any municipality in which he is so
employed by an enforcing agency .
3.
Persons subject to this subsection shall annually report any income or benefits
received from any business or property subject to the Code, or from any
business furnishing materials, products, labor or services for types of work
subject to the Uniform Construction Code regulations, to the municipal
governing body. This report shall include a list of all sources of income, but
need not list the amount.
4. No
person employed by a municipal enforcing agency as a construction official ,
subcode official or inspector shall be employed to appear before any
construction board of appeals , or be involved in any court proceeding within
the State, as a paid expert witness, or in any other compensated capacity in
any proceeding involving the enforcement of the Uniform Construction Code
except on behalf of another enforcing agency , or as a court-appointed witness.
i. This prohibition shall not apply to any
litigation not involving enforcement of the Code, or to an appearance as a fact
witness; nor shall it apply to any activities unrelated to an action for, or an
appeal of, enforcement of the Code.
5. No person employed by a supplemental
private on-site inspection agency that has a contract with a municipal
enforcing agency shall knowingly carry out any inspection or enforcement
procedure with respect to any property or business in which he or she, or any
close relative or household member, or his or her superior within the enforcing
agency , or any close relative or household member of such superior, or any
other public official or employee having any direct or indirect control over
the funding or operations of the enforcing agency , or any household member of
any such public official or employee, has an economic interest. For purposes of
this paragraph, "close relative" shall mean and include a spouse, sibling,
ancestor, or descendant, or the spouse of any of them.
i. Where an inspection or enforcement
procedure is necessary or required in any such property or business, and there
is no other person employed by the enforcing agency who is qualified, pursuant
to this subchapter, to perform the inspection or enforcement procedure and who
is not a subordinate of the person with the direct or indirect economic
interest in such property or business, the official or inspector shall arrange
for the inspection or enforcement to be carried out either by another local
enforcing agency or by the Department .
ii. A separate log shall be maintained by the
enforcing agency of all inspection procedures performed, with regard to any
properties or businesses in which any persons working pursuant to a contract
with the enforcing agency have a direct or indirect economic
interest.
6. This
section shall not apply to:
i. The ownership
of stock or other investment instrument in any corporation listed on any
national stock exchange.
ii. Any
such business or employment outside the State;
iii. Dual employment by two or more enforcing
agencies;
iv. Any business or
employment which is not subject to the regulations.
v. Service as an instructor in a code
enforcement training program.
7. Nothing herein shall prohibit a
municipality from establishing by ordinance more restrictive provisions
covering conflict of interest.
(k) No person employed by an enforcing agency
as a construction official , subcode official or inspector shall accept, or
continue to hold, employment in one or more other municipalities as a
construction official , subcode official or inspector unless the resulting
combined workload is such that it can be discharged in a manner consistent with
the requirements of this chapter.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Records and procedures: The municipality shall ensure that the construction official, with the assistance of the subcode officials and other necessary municipal employees, maintains a central file system, by block and lot, for each property in the municipality for which a permit has been issued or requested or for which an action has been taken by the municipal enforcing agency.
1. The files shall contain all information, including inspection reports, correspondence, and so forth, relevant to each application for a construction permit or certificate of occupancy.
2. The files shall contain or indicate the storage location of all plans and specifications too bulky for inclusion in the central file.
3. The files and records of the municipal enforcing agency shall be open to Department review and audit during normal business hours.
i. File copies of all documents in connection with building operations shall be retained in the official records as provided by law.
ii. Files and records shall be maintained in a manner consistent with the Municipal Procedures Manual established by the commissioner for this purpose.
(b) Forms:
1. The construction official shall ensure that all necessary application forms are available to the public at the central permit office.
2. The following standardized forms established by the Commissioner are required for use by the municipal enforcing agency:
| Form No | Name |
| F100 | Construction Permit Application |
| F101 | Consent to Undertake Proposed Work |
| F102 | Application for Annual Permit |
| F110 | Building Subcode Technical Section |
| F120 | Electrical Subcode Technical Section |
| F130 | Plumbing Subcode Technical Section |
| F140 | Fire Subcode Technical Section |
| F145 | Mechanical Inspection Technical Section |
| F150 | Elevator Subcode Technical Section |
| F155 | Elevator Subcode Multiple Devices |
| F160 | Application for a Variation |
| F170 | Construction Permit, Required Inspection |
| F180 | Construction Permit Notice |
| F190 | Permit Update |
| F211 | Notice of Violation and Order to Terminate |
| F212 | Notice and Order of Penalty |
| F213 | Notice of Violation and Order to Terminate (Post Certificate of Occupancy - Residential Construction) |
| F214 | Notice and Order of Penalty (Post Certificate of Occupancy - Residential Construction) |
| F221 | Inspection Sticker Approval for Building |
| F222 | Inspection Sticker Approval for Electric |
| F223 | Inspection Sticker Approval for Plumbing |
| F224 | Inspection Sticker Approval for Fire Protection |
| F225 | Inspection Sticker Approval for Elevator |
| F226 | Inspection Sticker Approval for Mechanical |
| F230 | Inspection Sticker Approval--Not Approved |
| F241 | Notice of Unsafe Structure |
| F242 | Notice of Imminent Hazard |
| F245 | Notice to Vacate |
| F250 | Stop Construction Order |
| F255 | Stop Construction Notice |
| F260 | Certificate |
| F270 | Application for Certificate |
| F310 | Elevator Inspection |
| F320 | Elevator Notice |
| F325 | Notice of Elevator Device Sealed Out of Operation |
| F326 | Accident/Incident Report |
| F350 | Cut-In Card |
| F360 | Denial of Permit |
| F370 | Chimney Verification for Replacement of Fuel Fired Equipment |
| F380 | Hydraulic System Data Plate |
| F390 | Framing Checklist |
| F391 | Digital Alarm Communicator Transmitters (DACT) utilizing Managed Facility Voice Networks (MFVN) Verification Form |
| F392 | Air Barrier and Insulation Checklist |
3. The following standardized forms established by the Commissioner are optional for use by the municipal enforcing agency; provided, however, that where they are not used, equivalent forms or mechanisms are used by the enforcing agency to accomplish the same purpose. These forms, or those equivalent forms used by the enforcing agency, shall be available to the Department for review and audit, upon request:
| Form No. | Name |
| F200 | Inspection Notice |
| F280 | T.C.O. Control Card |
| F290 | Ongoing Inspections Control Card |
| F300 | Ongoing Inspections Schedule |
| F375 | Tickler/X-Ref Card |
4. No forms other than those established by the Commissioner shall be required of the public in connection with the administration and enforcement of the State Uniform Construction Code. The municipal enforcing agency may use additional forms for its own internal processing and recordkeeping. Nothing in this section pertaining to forms or in the forms themselves shall be deemed to affect the requirements for plans and specifications or documentation of prior approvals. Where there is insufficient space on a form for all required information, the form shall be used with attachments.
5. Printing of forms: The municipal enforcing agency shall arrange for the printing of all forms to be used in the office and application forms to be used by the public. Other interested persons may also arrange for the printing of forms or may purchase and use forms printed by others. The municipal enforcing agency may provide for the inclusion of its name and other appropriate identifying information on the forms it has printed. However, the municipal enforcing agency shall accept forms not having municipal identification and shall, in any such case, insert the name of the municipality. All required forms shall be exact replicas of the forms required by the Commissioner, conforming in content, size, format, and colors, except that all multi-part forms may be printed with an additional copy, so long as the additional copy shall be in a color distinct from those specified by the Commissioner. Forms F110, F120, F130, and F140 may have the Subcode Technical Sections printed in any color or colors of ink as desired and Form F310 (Elevator Inspection) may be printed as a multipart form on separate pages with up to four copies of each page.
(c) Logs:
1. The following standardized logs established by the Commissioner are required to be maintained by the municipal enforcing agency:
| Log No | Name |
| L700 | Permit Fee Log |
| L710 | Inspection Log |
| L720 | Certificate Log |
| L730 | Ongoing Inspection Log |
2. The municipal enforcing agency shall maintain the required logs either on log sheets established by the commissioner or on log sheets or ledger books of its own choice or design, provided that all required entries are maintained.
(d) Monthly reports:
1. The following standardized report forms established by the Commissioner are required to be completed by the municipal enforcing agency and transmitted to the Department by the tenth business day following the end of each calendar month:
| Report No | Name |
| R811 | Municipal Monthly Activity Report Certificates |
| R812 | Municipal Monthly Activity Report Permits |
2. Municipalities currently submitting monthly reports electronically shall continue to do so. Municipalities that do not already submit monthly reports electronically shall begin to do so according to the following schedule:
i. By December 31, 1992, all municipalities issuing 600 or more permits per year as determined by the Department shall submit monthly reports electronically.
ii. By December 31, 1993, all municipalities issuing fewer than 600, but more than 200, permits per year as determined by the Department shall submit monthly reports electronically.
iii. All other municipalities shall have the option of submitting monthly reports electronically or by mail. Any municipality which issues more than 200 permits per year as determined by the Department for any future year shall submit monthly reports electronically beginning during the following year.
iv. A municipality that determines that compliance with this schedule would impose an undue hardship may apply to the Department for an extension of time. A request for an extension shall be in writing and shall set forth the reason(s) for such extension and the period of time for which the extension is sought. The Department shall give the municipality written notice of its determination in response to the extension request.
(e) Quarterly reports: The following standardized report established by the Commissioner is required to be completed by the municipal enforcing agency for State of New Jersey training fees and must be submitted quarterly, with the accompanying fees, pursuant to N.J.A.C. 5:23-4.19:
| Report No | Name |
| R840 | State Training Fee Report |
(f) The following standardized report form established by the Commissioner is optional for use by the municipal enforcing agency:
| Report No | Name |
| R800 | Inspector's Report |
(g) Exceptions: Exceptions may be made by the municipal enforcing agency to those requirements for records and procedures, forms, logs, and reports as stated in this section and in the Municipal Procedures Manual established by the commissioner only with the express written authorization of the Department. Requests for exceptions shall be in writing and shall detail the requirement(s) to which an exception is sought, the reason(s) for such exception and the duration for which the exception is sought, and shall be accompanied by any appropriate documentation and examples of alternative procedures, forms, logs or reports.
(h) Duties of construction officials:
1. The construction official shall enforce the regulations and:
i. Provide that applications are available, and assist the public in preparing the applications whenever necessary;
ii. Review all applications for completeness as to form and for verification of prior approvals. He may request additional documentation concerning prior approvals whenever it is deemed necessary;
iii. Upon receipt of the completed application, the construction official shall determine the proper fee for the work required;
iv. Collect all fees and penalties and ensure that funds are properly accounted for;
v. Ensure that the proper subcode official shall have an adequate time period to review appropriate applications, plans and specifications;
vi. Ensure that all requests for variation are properly prepared, documented and referred to the appropriate subcode officials;
vii. Issue the construction permit upon receiving the approval of all appropriate subcode officials;
viii. Record all notices of violation upon receiving notification of the appropriate subcode official, and determine all penalties for noncompliance with the penalty notices;
ix. Ensure that all required inspections are scheduled and performed within three business days of the time for which inspection has been requested;
x. Ensure that the reports of all inspections are completed and properly filed;
xi. Record stop construction orders upon notification of the appropriate subcode official or, in the case of a development-wide stop construction order, issue the stop construction order upon recommendation of the appropriate subcode official. Within 24 hours of issuance, a copy of the development-wide stop construction order shall be forwarded to the Department via mail to: Department of Community Affairs, Office of Regulatory Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ 08625.
xii. Ensure that all final inspections have been completed prior to the issuance of a certificate of occupancy.
(1) Ensure that all inspection required for the purpose, has been completed prior to the issuance of temporary certificate of occupancy;
xiii. Issue the certificate of occupancy, upon receiving the approval of all appropriate subcode officials.
(1) Issue the temporary certificate of occupancy, upon receiving the approval of all appropriate subcode officials;
xiv. Ensure, in the case of a change of use, or upon a request for a certificate of continued occupancy, that each subcode official gives an approval based on an inspection and the review of all submitted data before issuing a certificate of continued occupancy;
xv. Prepare and obtain reports required in the regulations;
xvi. Attend meetings and hearings as required by the regulations;
xvii. Carry out such other functions as are necessary and appropriate to the position of construction official;
xviii. Coordinate the activities of the subcode officials in enforcement of the energy radon hazard, elevator safety and mechanical subcodes;
xix. Reply within three business days to any request from the municipal search officer for information concerning construction permits or certificates of occupancy;
xx. Within 10 business days of issuance, provide written notice to the fire official for the municipality appointed pursuant to N.J.S.A. 52:27D-203 of all permits issued for installations of roof-mounted photovoltaic systems;
xxi. Comply with any local procedures which may be established by the governing body to provide the municipal search officer with information concerning construction permits and certificates of occupancy;
xxii. File with the Department a notice of the execution of each contract with a private on-site inspection agency, which notice shall specify the subcode(s) covered by the contract, within 10 days after the effective date of the contract;
xxiii. Take or initiate appropriate disciplinary action in the case of any subcode official or inspector failing to properly enforce the UCC. If the action includes suspension or dismissal, the construction official shall report this action to the Office of Regulatory Affairs via mail: Department of Community Affairs, Office of Regulatory Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ 08625;
xxiv. Issue a notice of violation pursuant to N.J.A.C. 5:23-2.35 for any violation of the provisions of the Code in effect at the time of permit application that comes to his or her attention. Pursuant to N.J.S.A. 2A:14-1.1, no notice of violation may be issued to the developer or to any contractor more than 10 years after issuance of the certificate of occupancy;
xxv. Ensure that all units within a residential development, other than Group R-1, that might have similar violations are inspected for such violations and that any such violations found are cited and abated if violations of the provisions of the Code in effect at the time of permit application listed at N.J.A.C. 5:23-2.35(a)1 are found in a residential structure in the development subsequent to the issuance of a certificate of occupancy. The construction official shall supervise the work of any professional engineer or registered architect hired by the municipality for this purpose; and xxvi. Report the name of the developer and the nature of the code violation(s) to the Department by sending this information in writing to the Office of Regulatory Affairs, 101 S. Broad Street, PO Box 818, Trenton, NJ 08625 whenever:
(1) It is necessary to take development-wide action for code violations discovered after issuance of certificate(s) of occupancy pursuant to N.J.A.C. 5:23-2.35(a)1;
(2) The municipal engineer advises the construction official that the municipality has had to call a bond posted pursuant to N.J.S.A. 40:55D-53 due to failure of the developer to complete site improvements satisfactorily; or
(3) The developer fails to maintain funds in the escrow account required pursuant to N.J.A.C. 5:23-4.17 unless the charges to the escrow account are under appeal.
2. Nothing contained herein shall prevent the construction official from overruling a decision of a subcode official if he is qualified and certified in that subcode pursuant to subchapter 5 of this chapter.
(i) Duties of subcode officials:
1. The subcode official shall enforce the regulations and:
i. Review those aspects of the application, plans and specifications appropriate to his subcode for approval and release to the construction official for issuance of the permit;
ii. Receive and review directly from the applicant applications involving only one trade or subcode and minor or emergency work for approval and release to the construction official for issuance of the permit;
iii. Collect fees for permit applications involving only trade or subcode and minor or emergency work and forward same to the construction official for proper accounting;
iv. Comply with the time limitations for review as determined by the construction official; v. Review requests for variations as necessary;
vi. Perform all required inspections within three business days of the time for which inspection has been requested;
vii. Issue in the name of the enforcing agency notices of violation and notify the construction official of same. The subcode official may issue verbal orders at the jobsite and shall record such orders in his inspection report;
viii. Complete reports of all inspections performed;
ix. Issue stop construction orders in the name of the enforcing agency and notify the construction official of same or, in the case of a development-wide stop construction order, make a recommendation to the construction official for issuance of the order;
x. Perform final inspection and notify construction official of approval in order that the construction official may issue certificate of occupancy;
xi. Make inspection, review submitted data and notify construction official of approval in the case of a change of use, or a request for a certificate of continued occupancy;
xii. Assist the construction official in the preparation of all reports required in the regulations;
xiii. Attend meetings and hearings as required by the regulations;
xiv. Issue documentation and certification, such as cut-in cards to utilities and/or public agencies if required by the regulations;
xv. Carry out such other functions as are necessary and appropriate to the position of subcode official.
2. In the course of enforcing the regulations, the fire protection subcode official shall cooperate, to the greatest extent possible, with the local fire service, which is the local fire department or district having jurisdiction.
i. The fire protection subcode official shall, upon request of the local fire service, allow a designated representative of the local fire service reasonable access to, and opportunity to review, plans submitted to the fire protection subcode official for his approval.
ii. The fire protection subcode official shall consult with the local fire service prior to granting any variations from the requirements of the fire protection subcode. If the fire protection subcode official is not himself a member of the local fire service, he shall, upon receipt of an application for a variation, forward a copy thereof to the local fire service and shall not grant a variation until he has received the comments of the local fire service or until 10 business days have passed, whichever comes first.
iii. The participation of the local fire service in the code enforcement process shall in no way be construed as reducing the responsibility of the fire protection subcode official for the proper enforcement of the fire protection subcode. Advice rendered by the local fire service shall in no way be binding upon the subcode official.
(j) Conflict of interest:
1. No person employed by an enforcing agency as a construction or subcode official or as an inspector shall knowingly carry out any inspection or enforcement procedure with respect to any property or business in which he or she, or any close relative or household member, or his or her superior within the enforcing agency, or any close relative or household member of such superior, or any other public official or employee having any direct or indirect control over the funding or operations of the enforcing agency, or any household member of any such public official or employee, has an economic interest. For purposes of this paragraph, "close relative" shall mean and include a spouse, sibling, ancestor or descendant, or the spouse of any of them.
i. Where an inspection or enforcement procedure is necessary or required in any such property or business, and there is no other person employed by the enforcing agency who is qualified, pursuant to this chapter, to perform the inspection or enforcement procedure and who is not a subordinate of the person with the direct or indirect economic interest in such property or business, the official or inspector shall arrange for the inspection or enforcement to be carried out either by another local enforcing agency or by the Department.
ii. A separate log shall be maintained by the enforcing agency of all inspections and enforcement procedures performed, when permitted in accordance with (j)1i above, with regard to any properties or businesses in which any persons employed by the enforcing agency have a direct or indirect economic interest.
iii. Where an inspection or enforcement procedure is performed by another enforcing agency due to a conflict of interest, the fee schedule of the enforcing agency in which the project is located shall be utilized in calculating the fees for the project. The State training fee for the project and the reporting of the project pursuant to Department requirements shall be submitted by the enforcing agency where the project is located. After inspection or enforcement procedures have been performed, the agency that performed such procedures shall provide the information required to be reported to the municipality where the project is located. Permit documentation shall be shared between the local enforcing agencies for timely and accurate reporting. The prior approvals required in the municipality where the project is located shall apply.
2. No person employed by an enforcing agency as a construction or subcode official, assistant to the construction or subcode official, trainee, inspector, or plan reviewer, shall, whether directly or indirectly, be engaged in ownership of, or employment by, or contracting to provide goods or services to, any business furnishing labor, materials, products, or services for the construction, alteration, or demolition of buildings or structures, or for the maintenance of any equipment or building component the maintenance of which is regulated pursuant to this chapter, that is engaged in any such activity within any municipality in which he is so employed by an enforcing agency.
3. Persons subject to this subsection shall annually report any income or benefits received from any business or property subject to the Code, or from any business furnishing materials, products, labor or services for types of work subject to the Uniform Construction Code regulations, to the municipal governing body. This report shall include a list of all sources of income, but need not list the amount.
4. No person employed by a municipal enforcing agency as a construction official, subcode official or inspector shall be employed to appear before any construction board of appeals, or be involved in any court proceeding within the State, as a paid expert witness, or in any other compensated capacity in any proceeding involving the enforcement of the Uniform Construction Code except on behalf of another enforcing agency, or as a court-appointed witness.
i. This prohibition shall not apply to any litigation not involving enforcement of the Code, or to an appearance as a fact witness; nor shall it apply to any activities unrelated to an action for, or an appeal of, enforcement of the Code.
5. No person employed by a supplemental private on-site inspection agency that has a contract with a municipal enforcing agency shall knowingly carry out any inspection or enforcement procedure with respect to any property or business in which he or she, or any close relative or household member, or his or her superior within the enforcing agency, or any close relative or household member of such superior, or any other public official or employee having any direct or indirect control over the funding or operations of the enforcing agency, or any household member of any such public official or employee, has an economic interest. For purposes of this paragraph, "close relative" shall mean and include a spouse, sibling, ancestor, or descendant, or the spouse of any of them.
i. Where an inspection or enforcement procedure is necessary or required in any such property or business, and there is no other person employed by the enforcing agency who is qualified, pursuant to this subchapter, to perform the inspection or enforcement procedure and who is not a subordinate of the person with the direct or indirect economic interest in such property or business, the official or inspector shall arrange for the inspection or enforcement to be carried out either by another local enforcing agency or by the Department.
ii. A separate log shall be maintained by the enforcing agency of all inspection procedures performed, with regard to any properties or businesses in which any persons working pursuant to a contract with the enforcing agency have a direct or indirect economic interest.
6. This section shall not apply to:
i. The ownership of stock or other investment instrument in any corporation listed on any national stock exchange.
ii. Any such business or employment outside the State;
iii. Dual employment by two or more enforcing agencies;
iv. Any business or employment which is not subject to the regulations.
v. Service as an instructor in a code enforcement training program.
7. Nothing herein shall prohibit a municipality from establishing by ordinance more restrictive provisions covering conflict of interest.
(k) No person employed by an enforcing agency as a construction official, subcode official or inspector shall accept, or continue to hold, employment in one or more other municipalities as a construction official, subcode official or inspector unless the resulting combined workload is such that it can be discharged in a manner consistent with the requirements of this chapter.