reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 2 - DEFINITIONS › Section 5:12-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings unless the context clearly indicates otherwise:
"Act" means the Ski Lift Safety Act,
				  34:4A-1 et seq.
"ANSI" means the American National Standards Institute.
"Approved" means acceptable to the commissioner. Any product
				  certified, or classified, or labeled, or listed by a nationally recognized testing
				  agency may be deemed to be acceptable, unless specifically banned by order of the
				  Commissioner.
"Authority having jurisdiction" means the Commissioner of
				  Community Affairs.
"Bureau of Code Services" means the Bureau of Code Services, New
				  Jersey Department of Community Affairs.
"Commissioner" means the Commissioner of Community Affairs or any
				  officer or employee of the Department of Community Affairs assigned by him to carry
				  out any of the functions, duties and powers conferred or imposed upon him by the
				  Act.
"Division of Codes and Standards" means the Division of Codes and
				  Standards in the New Jersey Department of Community Affairs.
"Nationally recognized testing agency" means a laboratory, such
				  as the Underwriters' Laboratories, Inc., or the Factory Mutual Engineering
				  Corporation, or any similar testing organization acceptable to the
				  Commissioner.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Operator" means a person who owns, manages or directs the
				  operation of a passenger tramway, and includes the State or any political
				  subdivision or instrumentality thereof.
"Passenger tramway" means a device used to transport passengers
				  uphill, on skis, or in cars, or suspended in the air, by the use of steel cables,
				  chains, belts, or ropes, and usually supported by trestles or towers with one or
				  more spans, and includes among others: an aerial passenger tramway, multicar aerial
				  passenger tramway, skimobile, chairlift, J-bar, T-bar, poma lift, platter pull, or
				  rope tow.
"Professional engineer" means a person licensed to practice
				  professional engineering in New Jersey by the New Jersey Board of Professional
				  Engineers and Land Surveyors.
"Serious injury" means any injury in which the injured person has
				  lost consciousness, broken a bone, was transported to an emergency medical facility
				  or an injury for which medical treatment by a physician beyond first aid was
				  required.
"Shall" means a mandatory requirement.
"Ski lift" means aerial passenger tramway or passenger
				  tramway.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the administrative procedures to
				  be followed by operators and the appropriate officials of the Division of Codes and
				  Standards concerning passenger tramways.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.2 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every operator of a
				passenger tramway shall comply with this chapter.
(b) A passenger tramway which is not in compliance
				with this chapter shall not be used or occupied, except as provided in
				5:12-4.4.
(c) The Bureau of Code Services shall order in
				writing, a temporary cessation of operation of a passenger tramway, if it has been
				determined after inspection to be hazardous or unsafe. Operation shall not be
				resumed until the passenger tramway has been reinspected by a designee of the Bureau
				of Code Services and it is determined by the designee to be safe for
				operation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.3 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A passenger tramway
				shall not be operated unless it has been registered by the commissioner.
(b) On or before October 1, but not before
				September 1, of each year, every operator of a passenger tramway shall apply to the
				Commissioner, on forms supplied by him or her, for registration of the passenger
				tramway or tramways which such operator owns or manages or the operation of which he
				directs. The application shall contain such information as the Commissioner may
				reasonably require in order for him or her to determine whether the passenger
				tramways sought to be registered comply with the intent of the Act and this chapter.
1. Each application for registration shall include
				a certificate of insurance, bond, or other security demonstrating compliance with
				5:12-3.9, along with the appropriate
				fee, as provided in
				5:12-3.4.
2. An application shall only be accepted if there
				is no outstanding documentation required from previous years and there are no
				outstanding violations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A fee for the
				purpose of registration shall be charged at the rate of $ 150.00 per passenger
				tramway per year.
(b) A duplicate
				registration may be obtained from the Bureau of Code Services at a cost of $ 20.00
				for each registration.
(c) A fee for the
				purpose of plan review shall be charged at the rate of $ 250.00 per passenger
				tramway.
(d) After inspection, if the
				passenger tramway is found to comply with this chapter, the Bureau of Code Services
				shall authorize the passenger tramway for use by the public by issuing a certificate
				of operation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.5 - Filing of notice of intent to operate

Current through Register Vol. 56, No. 14, July 15, 2024
The operator of a new passenger tramway or the operator of a
				  passenger tramway who changes the structure, mechanism, classification or its
				  capacity or changes the physical spacing between carriers shall file plans with the
				  Bureau of Code Services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.6 - Maintenance and inspection records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator shall
				retain at all times up-to-date maintenance and inspection records for each passenger
				tramway.
(b) These records shall contain
				the following information:
1. Date and nature of
				all inspections, whether by the Bureau of Code Services or the operator;
2. Any violation of the rules and type of action
				taken to rectify the violation; and
3.
				All break-downs or repairs of any major mechanical part.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.7 - Accident, incident or mechanical breakdown reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No passenger tramway
				that directly or indirectly results in a death shall be permitted to resume
				operation until the passenger tramway has passed a full mechanical and safety
				inspection made by the Bureau of Code Services.
(b) All serious injuries or fatalities incurred
				during the operation of any ski lift shall be immediately reported by telephone at
				the telephone number provided for this purpose to the Division by the operator. A
				written incident report shall be prepared and sent to the Department by the operator
				by facsimile at the facsimile number provided for this purpose within 24 hours of
				the incident.
(c) Any mechanical
				malfunction or emergency evacuation of a passenger tramway shall be reported to the
				Department by the operator immediately by telephone at the numbers provided for this
				purpose. A written incident report shall be prepared and sent to the Department by
				the operator by facsimile at a number provided for this purpose within five days of
				the incident or be mailed to PO Box 808, Trenton, NJ 08625 postmarked within five
				days of the incident.
(d) All pertinent
				information concerning passenger tramway injuries requiring first aid shall be
				recorded in a form that is easy to access and read and is readily available for
				inspection by the Bureau of Code Services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.8 - Submittal of plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before constructing
				a new or altering an existing passenger tramway the operator or prospective operator
				shall submit plans and specifications to the commissioner. The commissioner may make
				recommendations relative to the safety of the layout and equipment, but such
				recommendations shall not relieve the operator or prospective operator of his
				primary responsibility as set forth in
				34:4A-2.
(b) Three sets of plans shall be filed with the
				New Jersey Department of Community Affairs, Bureau of Code Services, PO Box 808,
				Trenton, New Jersey 08625-0808.
(c)
				Prints of drawings shall be sealed by a professional engineer and shall comply with
				the requirements of the New Jersey Board of Professional Engineers and Land
				Surveyors.
(d) Plans shall be titled,
				stating name of operator, location of work by street number and municipality, date
				of drawing, drawing number, and all revisions thereto.
(e) Plans shall be drawn to scale to produce good
				legibility.
(f) Plans required by (a)
				above shall include the following information:
1.
				A plot plan of the area within 150 feet of the passenger tramway to scale or with
				appropriate distances indicated on the plot plan, showing on-site and off-site
				buildings, structures, property lines, required site improvements, or structures,
				principal access or egress points, driveways, and parking areas.
2. A copy of the permit application submitted to
				the local Uniform Construction Code enforcement agency, including all plans and
				specifications, which shall include the design and details of foundations or
				supports for all passenger tramways, certified by the professional engineer who
				prepared the design and details as capable of supporting the passenger tramway in
				all design conditions. The foundation drawing shall include a description of the
				soil and allowable soil pressure based on investigation by the professional
				engineer.
3. A schematic, isometric or
				plan drawing of the entire system, with specifications. This drawing to include all
				equipment, parts, safety devices, material, instrumentation, electrical system for
				both power and light necessary to evaluate the safe operation of the system and
				manufacturer's name.
4. Appropriate
				information on fire protection facilities at the site and available public fire
				services.
5. A signed and sealed letter
				or certification from a licensed professional engineer stating that the structure
				will adequately support the passenger tramway in the proposed location in all design
				loading conditions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.9 - Insurance, bond or other security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall
				operate a passenger tramway without:
1. A policy
				of insurance written on a per occurrence basis in an amount not less than $1,000,000
				per occurrence insuring the owner against liability for injury suffered by persons
				riding the tramway; or
2. A bond in an
				amount of not less than $1,000,000; provided, however, that the appropriate
				liability of the surety under such bond shall not exceed the face amount thereof.
				The bond shall be in such form and content as to be acceptable to the Department of
				Banking and Insurance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 3 - ADMINISTRATION › Section 5:12-3.10 - Penalties; administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may
				impose a penalty not exceeding $500.00 for any violation of this chapter. Where any
				violation of this chapter is of a continuing nature, each day during which such
				violation continues after the date fixed by the Commissioner in any order or notice
				for the correction or termination of such violation, shall constitute an additional,
				separate, and distinct violation.
(b) A
				request for an administrative hearing shall be submitted in writing within 10
				calendar days following the receipt of the notice or order. Hearing requests shall
				be addressed to the Hearing Coordinator as stated on the notice or order. All
				hearings shall be conducted pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
1.
				When an aggrieved person fails to request a formal hearing within the 10 calendar
				day period, his or her right to a formal hearing shall be deemed waived and the
				agency action shall become final.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 4 - DESIGN, CONSTRUCTION, AND OPERATION › Section 5:12-4.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the design, construction,
				  installation, operation, and maintenance of ski lifts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 4 - DESIGN, CONSTRUCTION, AND OPERATION › Section 5:12-4.2 - Adoption as amended of ANSI B77.1 - 2011 and ANSI B77.1a-2012

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The "American
				National Standard for Passenger Ropeways - Aerial Tramways, Aerial Lifts, Surface
				Lifts, Tows and Conveyors - Safety Requirements," designated by the American
				National Standards Institute (ANSI) as B 77.1-2011 and B77.1a-2012, is incorporated
				herein by reference, as amended and supplemented, and made part of this subchapter
				and shall be enforced as part of this subchapter.
(b) Notwithstanding any provisions stated in the
				standard, where specific provisions of the standard conflict with the provisions
				expressly set forth in this chapter, the provisions set forth in this chapter shall
				govern.
(c) The following sections of
				the standard are modified as follows:
1. Section
				1, General Requirements, shall be amended as follows:
i. Section 1.2.4.1, the words "design review
				completed by" shall be deleted and the words "all required design review documents,
				per N.J.A.C. 5:12, submitted to" shall be inserted in their place. Also, the words
				"the effective date of this standard" shall be deleted and the date "August 21,
				2017" shall be inserted in their place. Also, add the following sentence at the end
				of the first paragraph: "However, design review documents submitted to the authority
				having jurisdiction between February 21, 2017 and August 21, 2017, when not in
				compliance with requirements of this edition, shall comply with requirements of the
				code in force immediately preceding February 21, 2017."
ii. Section 1.2.4.3, the words "design review
				completed by" shall be deleted and the words "required design review documents, per
				N.J.A.C. 5:12, submitted to" shall be inserted in their place. Also, the words "the
				effective date of this standard" shall be deleted and the date "August 21, 2017"
				shall be inserted in their place.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 4 - DESIGN, CONSTRUCTION, AND OPERATION › Section 5:12-4.3 - Electrical disconnect switch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where restoration of
				electrical power could create a hazard, passenger tramways shall be provided with a
				main disconnect switch capable of being locked only in the Off position.
(b) The operator shall lock-out the electrical
				disconnect switch when restoration of electric power to a passenger tramway could
				create a hazard to persons during the performance of maintenance, repair, inspection
				or an emergency evacuation of passengers, and insure that it remains locked-out
				until such time that restoration of power will not create a hazard.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 4 - DESIGN, CONSTRUCTION, AND OPERATION › Section 5:12-4.4 - Out of service procedure

Current through Register Vol. 56, No. 14, July 15, 2024
Where individual units of a passenger tramway, such as cars,
				  seats or other carriers are defective and not in compliance with this chapter, such
				  units shall be taken out of service and clearly marked with a sign reading "Out of
				  Service" provided however, such defects do not jeopardize the safety of the
				  passenger tramway.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 4 - DESIGN, CONSTRUCTION, AND OPERATION › Section 5:12-4.5 - Passenger conduct

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The operator shall
				post a conspicuous sign in the vicinity of the entrance to passenger tramways
				advising the public of prohibited passenger conduct on such tramways.
(b) The sign required by (a) above shall include
				the items listed, as applicable, or express equivalent requirements:
1. Passengers shall not board a passenger tramway
				unless he has sufficient knowledge and ability to use it.
2. Passengers shall get on and get off a tramway,
				lift, or tow at designated areas.
3.
				Passengers, while riding an aerial tramway or lift, shall not throw or expel
				therefrom any object, nor shall any passenger do any act or thing that shall
				interfere with the operation of the tramway or lift.
4. Passengers shall not willfully engage in any
				type of conduct that may contribute to, or cause, injury to any other person.
				Passengers, when using a surface lift or tow, shall not willfully place in an uphill
				track any object that can cause a skier to fall.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 5 - EVACUATION OF PASSENGER TRAMWAYS › Section 5:12-5.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply only to those passenger tramways
				  which convey occupants in a chair, gondola, cabin or other aerial carrier from which
				  passengers would have to be lowered to the ground, snow surface or other safe place
				  when conditions interrupt normal operation and preclude the use of auxiliary
				  measures to bring carriers and passengers to terminal areas.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 5 - EVACUATION OF PASSENGER TRAMWAYS › Section 5:12-5.2 - Evacuation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All evacuation plans
				shall be approved.
(b) The operator
				shall prepare and have available for inspection by the Bureau of Code Services a
				detailed written evacuation plan which complies with (c) through (e)
				below.
(c) An evacuation plan shall
				indicate consideration of the following:
1. Every
				reasonably predictable condition of passenger use;
2. The most adverse operating
				conditions;
3. The most disadvantageous
				combination of factors that could affect evacuation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 5 - EVACUATION OF PASSENGER TRAMWAYS › Section 5:12-5.3 - Evacuation equipment

Current through Register Vol. 56, No. 14, July 15, 2024
Evacuation equipment properly maintained and in good working
				  condition, adequate to implement the approved evacuation plan shall be provided.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 5 - EVACUATION OF PASSENGER TRAMWAYS › Section 5:12-5.4 - Evacuation personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Personnel necessary
				to implement the approved evacuation plan shall be provided and available to perform
				evacuation duties during normal operations of passenger tramways.
(b) Personnel assigned to duties to implement the
				approved evacuation plan shall be trained to competently perform these duties.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 12 - SKI LIFTS › Subchapter 5 - EVACUATION OF PASSENGER TRAMWAYS › Section 5:12-5.5 - Evacuation drills

Current through Register Vol. 56, No. 14, July 15, 2024
Evacuation drills shall be conducted at established intervals not
				  to exceed one each 12 calendar months and such drills shall be recorded in the
				  operational log of each passenger tramway.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.3 - Operation of corporation or association

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following acts
				of the housing sponsor, to be valid and effective shall be subject to the prior
				approval of the Authority in writing:
1. All
				bylaws of the housing sponsor and amendments to those bylaws, and to the certificate
				of incorporation or partnership or association agreement, which shall be filed with
				the Authority;
2. All advertisement or
				prospectus;
3. All rent schedules to be
				fixed or amended which shall be filed with the Authority;
4. Selection or approval of any application for
				occupancy or entering into any leasehold agreement.
5. Sale, transfer, encumbrance or assignment of
				the property of the housing sponsor or of any stock or other ownership interest in
				the housing sponsor, provided, however, that this paragraph shall not apply to
				transfers by or to individuals of stock in a nonprofit corporation which is held, or
				is to be held, in conjunction with a lease to a dwelling unit in a cooperative
				project which is occupied or is to be occupied by the holder of the stock.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.4 - Meetings of stockholders and directors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each housing sponsor
				shall hold a directors' meeting at least once a year and at such times as any
				director may request; excepting however, a corporation as a cooperative shall hold
				such meetings at least quarterly.
(b)
				The presence of a quorum at such meetings is required.
(c) A copy of the minutes of each meeting of
				directors shall be filed with the Authority within 10 days after the meeting is
				held.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.5 - Tenant application, selection and priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the purpose
				and intent of the Act and this chapter that tenants whose housing need is greatest
				receive priority for occupancy in any project under the Act; provided that the
				applicant's household size must be suitable to the apartment to be occupied and that
				the applicant's household income must be sufficient to be able to afford the rent
				charged; and provided that any regulations of the HMFA implementing priority
				categories specified by the New Jersey Housing and Mortgage Finance Agency law
				(55:14K-1 et seq.), as amended, shall
				prevail in those projects financed by said agency.
(b) Vacant apartments with rentals affordable to
				households of low income shall be rented to such households.
(c) Vacant apartments with rentals affordable to
				households of moderate income, but not affordable to households of low income, shall
				be rented to households of moderate income.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.6 - Tenant priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for
				eligible persons and families for occupancy shall receive priority over all others
				in the following order:
1. Persons and families
				which are or are about to be displaced from a blighted area or areas by reason of
				clearance, replanning, development or redevelopment; and
2. Persons and families living in a blighted area
				or areas as designated by the governing body of any municipality by resolution for
				the purpose of clearance, replanning, development or redevelopment;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.7 - Procedures for priority applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where there is a
				project either in a phase of initial occupancy or fully occupied, and there exists a
				waiting list of eligible persons and families, a person or family qualifying for a
				priority status and consideration shall be placed at the head of the list.
(b) The first available dwelling unit for which
				the person or family is otherwise eligible shall be offered for occupancy.
(c) Where there is more than one person or family
				who have equal priority status, they shall be placed at the head of the waiting list
				in the order of their applications for tenancy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.8 - Public notice to applicants on rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be
				posted, in a prominent place, in each office where prospective applicants come to
				make application for tenancy, a sign notifying the applicants of their rights with
				reference to nondiscrimination; priority preferences in accordance with these or
				HMFA regulations if applicable; eligibility to file where income is derived from
				welfare and public assistance funds; rights of any person to request and file
				application for tenancy; and the right to file complaints with the State
				Administrator.
(b) The sign will be in
				accord with a sample copy supplied by the Authority with instructions on size and
				wording to be denoted thereon.
(c) The
				responsibility for the public display of this sign will be with the office of the
				project sponsor or owner.
(d) All
				informational bulletins, advertising brochures, and application forms shall, in bold
				type, be printed with a statement indicating to applicants or prospective applicants
				their rights with reference to nondiscrimination, priority preferences as provided
				for in these or HMFA regulations, and eligibility to file where income is derived
				from welfare or public assistance funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.9 - Applications for dwelling leases and rentals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Housing sponsors
				shall maintain an adequate supply of applications for leases in a form approved by
				the Authority in which specific provisions shall be made to disclose priority status
				of applicants as provided for in
				5:13-1.5, Tenant application, selection
				and priorities.
(b) Any person shall be
				permitted to file an application.
(c)
				All applicants shall be filed in duplicate.
(d) No conditions shall be imposed on any
				applicant in connection with the filing or execution of application forms.
(e) A copy of these regulations shall be
				maintained at any place at which a housing sponsor solicits or accepts applications,
				and shall be available to applicants upon request.
(f) Each application shall be dated and numbered
				serially as received; excepting, however, those applications disclosing priority
				shall be numbered serially separately and bear the prefix "P" or, if HMFA
				priorities, the prefix "HMFA-P" to so indicate and shall be separately maintained
				and transmitted to the Authority for approval.
(g) The housing sponsor shall investigate the
				statements in the application regarding employment and income of all members of the
				tenant family by directing a written inquiry to their employers.
(h) For self-employed applicants, the housing
				sponsor shall obtain from the applicant a sworn statement of his last Federal Income
				Tax return.
(i) In the case of any other
				applicant, the housing sponsor shall obtain a sworn statement of the Federal Income
				Tax return when requested by the Authority to do so.
(j) If an applicant claims priority status the
				housing sponsor shall verify the statements, supporting such claim, including, if
				necessary, inquiry to the relocation, health or building officer of the municipality
				in which the applicant asserts he has been or is to be displaced or in which said
				applicant states he lives in a blighted area or substandard housing.
(k) Upon request of the Authority, the housing
				sponsor shall transmit copies of all applications to the Authority, indicating those
				that it proposes to accept.
(l) The
				Authority shall review each application submitted to it and shall approve or
				disapprove the recommendation of the housing sponsor.
(m) In any case in which the Authority has
				required submission of an application, no lease shall be executed or occupancy
				permitted until the application of the prospective tenant has been approved in
				writing by the Authority.
(n) Each lease
				shall contain a clause making the application a part thereof and providing that the
				housing sponsor may terminate the lease upon 30-day written notice, if the
				application is found to contain a material misrepresentation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.10 - List of nonapplicants

Current through Register Vol. 56, No. 14, July 15, 2024
Each project management office will maintain a list of all
				  persons who have indicated an interest in making application for tenancy, but who
				  did not formally apply. A statement as to their reasons for nonapplication shall be
				  listed and a report of these nonapplications shall be sent monthly to the Authority;
				  such list shall disclose whether such nonapplicant appears to have priority status
				  as provided for in Section 1.7 (Tenant application, selection and priorities) by
				  affixing the letter "P" next to the name of the nonapplicant appearing to have
				  priority status.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.11 - Leases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every lease made by
				a housing sponsor shall be on a form approved by the Authority.
(b) No lease shall be for a term exceeding 24
				months.
(c) Every lease shall contain a
				clause prohibiting the subletting of the dwelling or the renting of any part of
				it.
(d) A lease may require a security
				deposit in an amount approved by the Authority, but not more than one month's rent;
				provided that, said funds shall be held in trust fund against which only
				delinquencies under the terms of the lease after deduction of any rent due at said
				time and approved by the Authority.
(e)
				The lease shall include any charges to be made for utilities, special services, or
				other facilities to be furnished to the tenant by the housing sponsor.
(f) No one connected with the housing sponsor
				shall request or receive directly or indirectly any payment whatsoever in connection
				with the obtaining of a lease.
(g)
				Violation of this regulation by any employee or other agent of the housing sponsor
				shall be cause for discharge.
(h) When
				applying for renewal of lease, each tenant shall be required to furnish the same
				information and be subject to the same investigation as for an initial lease. Such
				renewal application may be subject to approval by the Authority.
(i) The lease shall contain a provision providing
				for the eviction of any tenant based on a change in their income which disqualifies
				a tenant from continued occupancy under the regulations or regulatory
				agreements.
(j) In any project not
				subject to regulation by either the United States Department of Housing and Urban
				Development or the New Jersey Housing and Mortgage Finance Agency, every lease made
				by the housing sponsor shall contain the following provision in boldface capital
				letters of not less than 10 point type:
THIS HOUSING PROJECT IS REGULATED BY THE DIVISION OF CODES AND
				  STANDARDS OF THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, PO BOX 802, TRENTON,
				  NEW JERSEY 08625.
ALL RENTS AND CHARGES ARE SUBJECT TO DEPARTMENT
				  RULES.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.13 - General reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The housing sponsor
				shall prepare the following reports and submit them to the Authority, or make them
				available for review, when requested by the Authority to do so:
1. A monthly report of occupancy;
2. A monthly report of all persons who had
				indicated an interest; but did not formally apply, and a statement for reason of
				such nonapplication;
3. An annual budget
				of operating income and expense;
4. An
				annual financial report by a certified public accountant;
5. Minutes of the meeting of the Board of
				Directors and of the stockholders within ten days after the meeting;
6. Such other reports or specific answers to
				questions as the Authority may require from time to time.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.14 - Nondiscrimination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the operation of
				housing projects, no person shall be subject to any discrimination because of race,
				religious principles, color, national origin or ancestry.
(b) All facilities of a housing project shall be
				equally available to all tenants.
(c) No
				person or family shall be denied the right to file an application for tenancy whose
				source of income is derived from welfare or public assistance funds.
(d) If otherwise qualified, they shall be
				considered as eligible for occupancy under the same provisions that apply to all
				eligible applicants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.15 - Administrative remedies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Any person or housing sponsor may at any time file with the
				  Authority a complaint concerning any matter subject to the Act and these
				  regulations; provided however, nothing in this Section shall be construed to limit
				  the Authority from conducting on its own initiative and in the absence of any such
				  complaint, investigations and inspections pertaining to adherence to the
				  requirements of the Act and the regulations on the part of any person or housing
				  sponsor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.16 - Administrative orders on complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a
				complaint to, or discovery of a violation of these regulations by the Authority, the
				Authority will notify the offending party of the complaint and the nature thereof
				and request that within two weeks of receipt of such notice that the offending party
				provide:
1. A statement that the cause of the
				complaint has been removed or abated; or
2. Refutation in writing that the complaint is
				proper; or
3. A statement of intent to
				correct the violation within a reasonable time.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.17 - Rights to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Any person or housing sponsor aggrieved by any order issued under
				  5:13-1.16 shall be entitled to a hearing
				  pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules,N.J.A.C. 1:1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.18 - Request for a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
An application for a hearing must be filed with the State
				  Administrator within 15 business-days of the receipt by the applicant therefor of
				  the notice or order complained of. Such application must be accompanied by a
				  statement of issues of law and of fact which the applicant asserts are germane to
				  the application. Copies of all such statements shall be provided to all parties in
				  interest.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.19 - Stay of action

Current through Register Vol. 56, No. 14, July 15, 2024
A request by the applicant for a stay of notice or order
				  complained of may be granted by the State Administrator pending final determination;
				  provided that, no such stay shall be granted except upon such terms and conditions
				  as will insure compliance with the provisions of the Act and this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.20 - Declaratory rulings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request of any
				interested party the State Administrator may, in his discretion, make a declaratory
				ruling with respect to the applicability to any person, property or state of facts
				of any statute or rule enforced or administered by the State
				Administrator.
(b) A declaratory ruling
				shall bind the agency and all parties to the proceedings on the state of facts
				alleged.
(c) Full opportunity for
				hearing shall be afforded to all interested parties.
(d) Such ruling shall be deemed a decision or
				action subject to review before the Office of Administrative Law.
(e) Nothing in this Section shall affect the right
				or practice of the State Administrator in his sole discretion to render advisory
				opinions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 1 - GENERAL PROVISIONS › Section 5:13-1.21 - Informal disposition

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this Chapter shall be construed to preclude the State
				  Administrator to dispose of any contested case by stipulation, agreed settlement, or
				  consent order.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 2 - LIMITED DIVIDEND HOUSING CORPORATIONS AS COOPERATIVES › Section 5:13-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply to Limited Dividend
				  Corporations formed as Cooperatives under the Act and financed under an FHA-insured
				  (Section 213) mortgage and shall supplement the provisions of N.J.A.C. 5:13-1 as
				  they apply to such corporations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 2 - LIMITED DIVIDEND HOUSING CORPORATIONS AS COOPERATIVES › Section 5:13-2.2 - Management, operation and maintenance of cooperative projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dwelling units in
				any project hereunder shall be restricted for occupancy to families in which the
				principal wage earner's net annual income at the time of application and for the
				taxable year preceding the making of such application does not exceed seven times
				the annual rent (including the estimated value or cost to them of water, heat,
				electricity, gas or other utilities) of the dwelling units to be occupied by such
				families. The term "net annual income" as used herein shall mean the annual income
				of the principal wage earner of the family but shall not include any pension,
				compensation or disability payment received from the Federal or State government by
				any veteran, or any widow or orphan of any deceased serviceman or veteran by reason
				of, or as a result of, active military or naval service.
(b) The corporation is entitled to charge the
				applicant a fee for its investigation regarding employment and income as required in
				subsection (a) of this Section. Said fee, however, may not exceed $ 5.00.
(c) With the exception of superintendents or
				janitors of the project, all persons occupying units of the project, including
				members, officers or agents of the corporation, shall be treated the same and shall
				be governed by the same principles in connection with the rent to be charged for the
				units occupied by them. No officer, employee or agent of the corporation shall
				receive any special privileges in connection with occupancy of any unit in the
				project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 13 - LIMITED DIVIDEND AND NONPROFIT HOUSING CORPORATIONS AND ASSOCIATIONS AND URBAN RENEWAL ENTITIES › Subchapter 2 - LIMITED DIVIDEND HOUSING CORPORATIONS AS COOPERATIVES › Section 5:13-2.3 - Stock transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the
				provisions of any certificates of incorporation or bylaws promulgated thereunder, in
				order to better effectuate the purpose of providing accommodations for families in
				need of housing and to perpetuate the nonprofit purpose and intent of cooperative
				type housing, it shall be mandatory on the corporation to exercise its option to
				purchase, at par value less any amounts due by the stockholder to the corporation,
				the shares of stock and occupancy agreement offered by a stockholder desiring to
				leave the project. The corporation shall then resell the stock at par value plus a
				reasonable service charge to be approved by the Authority.
(b) Upon written request by the corporation
				setting forth good and sufficient reasons, the Administrator is authorized to waive
				in writing to the corporation the provisions of this Section.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 1 - GENERAL PROVISIONS › Section 5:14A-1.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be
				known and may be cited as chapter 14A, Carnival-Amusement Rides of Title 5,
				N.J.A.C.
(b) The purpose of this chapter
				is to provide reasonable standards for the design, construction and operation of
				amusement rides for the safety of the public.
(c) No person shall manufacture or sell for use in
				this State, operate, arrange for or cause to be used any ride that is not in
				compliance with this chapter.
1. No person shall
				change a ride in any way that makes the ride less conforming with the provisions of
				this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 14A - CARNIVAL-AMUSEMENT RIDES › Subchapter 1 - GENERAL PROVISIONS › Section 5:14A-1.3 - Standards adopted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards listed below are adopted and
				incorporated as part of this chapter. In the event that any provision in any of the
				following standards conflicts with a provision of this chapter, this chapter shall
				govern.
1. The following standards are adopted and
				are available from the American National Standards Institute, 25 West 43rd Street,
				New York, NY 10036:
i. ANSI B77.1-2011, "American
				National Standard for Passenger Ropeways--Aerial Tramways, Aerial Lifts, Surface
				Lifts, Tows and Conveyors--Safety Requirements";
ii. ANSI/IAF-9 (2005), "American National Standard
				for Aquatic Recreation Facilities."