reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA COMPLAINT PROCEDURE › Section 5:5-4.1 - Complaint procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A complaint alleging that the agency has failed to comply with
				  the ADA or has acted in a way that is prohibited by the ADA shall be submitted
				  either in writing or orally to the designated ADA coordinator identified in
				  5:5-3.1. A complaint alleging employment
				  discrimination will be processed pursuant to the rules of the Department of
				  Personnel, 4A:7-1.1 through 3.4, if those rules
				  are applicable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA COMPLAINT PROCEDURE › Section 5:5-4.2 - Complaint contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complaint
				submitted pursuant to this subchapter may be submitted in or on the form set forth
				at 5:5-4.3.
(b) A complaint submitted pursuant to this
				subchapter shall include the following information:
1. The name of the complainant, and/or any
				alternate contact person designated by the complainant to receive communication or
				provide information for the complainant;
2. The address and telephone number of the
				complainant or alternate contact person; and
3. A description of manner in which the ADA has
				not been complied with or has been violated, including times and locations of events
				and names of witnesses if appropriate.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA COMPLAINT PROCEDURE › Section 5:5-4.3 - Complaint form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a
				  complaint pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date:
.....................................................................
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Disability of grievant:
.....................................................................
Name, address and telephone number
of alternate contact person:
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
Please describe the particular way in which you believe you have
				  been denied the benefits of any service, program or activity or have otherwise been
				  subject to discrimination. Please specify dates, times and places of incidents, and
				  names and/or positions of agency employees involved, if any, as well as names,
				  addresses and telephone numbers of any witnesses to any such incident. Attach
				  additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had
				  to the benefits described above, or that accommodation could be provided to allow
				  access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the
				  designated ADA coordinator identified at
				  5:5-3.1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 5 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA COMPLAINT PROCEDURE › Section 5:5-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a
				complaint submitted pursuant to this subchapter, the designated ADA coordinator will
				notify the complainant of the receipt of the complaint and the initiation of an
				investigation into the matter. The designated ADA coordinator will also indicate a
				date by which it is expected that the investigation will be completed, which date
				shall not be later than 45 days from the date of receipt of the complaint, unless a
				later date is agreed to by the complainant.
(b) Upon completion of the investigation, the
				designated ADA coordinator shall prepare a report for review by the designated
				decision maker for the agency. The designated decision maker shall render a written
				decision within 45 days of receipt of the complaint, unless a later date is agreed
				to by the complainant, which decision shall be transmitted to the complainant and/or
				the alternate contact person if so designated by the complainant.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 1 - GENERAL PROVISIONS › Section 5:7-1.1 - Introduction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				P.L.
				1997, c. 125, the
				Legislature and the voters of New Jersey have established a $ 20,000,000 loan
				program for the purpose of providing financing for the demolition and disposal of
				unsafe buildings in urban and rural centers. It is the purpose and intent of these
				rules to implement this loan program.
(b) This program shall be administered by the
				Division of Codes and Standards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 1 - GENERAL PROVISIONS › Section 5:7-1.2 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those
				municipalities that are eligible to receive State aid under P.L. 1977, c.260
				(52:27D-162 et seq.) or P.L. 1978, c.14
				(52:27D-178 et seq.) shall be eligible
				to participate in this loan program.
(b)
				Application on behalf of an eligible municipality may be made by the governing body
				or, with the consent of the governing body, by a redevelopment agency, housing
				authority or other agency created by the municipality with authority for land
				development.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 2 - DEFINITIONS › Section 5:7-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this chapter, the following terms shall have the
				  meanings indicated unless the context clearly indicates otherwise:
"Approved construction plan" means a plan for which, as of the
				  date of submission of the application to the Department, preliminary site plan
				  approval for redevelopment of demolition area has been granted by the municipal
				  planning board.
"Building demolition and disposal project" means any work relating
				  to the demolition and disposal of unsafe buildings in urban and rural centers. A
				  project may consist of the demolition of one building or multiple buildings.
"Certification" means a document signed by the local construction
				  code official certifying that he or she has inspected a building and has determined
				  it to be an imminent and extreme hazard, and to be in need of demolition.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Community Affairs.
"Department" means the New Jersey Department of Community
				  Affairs.
"Imminent and extreme hazard" means a condition constituting a
				  danger to human life and safety that is caused by a building being vacant and in
				  danger of partial or full collapse, or having already fallen or partially fallen, or
				  posing another type of physical hazard, or being subject to trespass, illegal use or
				  fire damage.
"Notice of unsafe structure" means a written notice issued,
				  pursuant to 5:23-2.32, by the construction official
				  having jurisdiction in the municipality to the owner of an unsafe building or
				  structure describing the building deemed unsafe and specifying the required repairs
				  or improvements to be made to render the building safe and secure, or requiring the
				  unsafe building to be demolished.
"Redevelopment area" means an area identified by the governing
				  body of a municipality as being in need of redevelopment. Such identification may
				  have been made previously, pursuant to the "Local Redevelopment and Housing Law,"
				  40A:12A-1 et seq., or by prior
				  designation as an Empowerment Zone, Enterprise Community, State Plan Center, Urban
				  Enterprise Zone, or as an Urban Coordinating Council, Neighborhood Preservation
				  Program or Strategic Neighborhood Assistance Program community, or it may be
				  established by a current resolution of the governing body conferring such
				  status.
"Structure" means a combination of materials to form a
				  construction for occupancy, use or ornamentation, whether installed on, above, or
				  below the surface of a parcel of land.
"Unsafe structure" means a structure that is unsafe for human
				  occupancy or use.
"Urban and rural centers" means any municipality eligible to
				  receive State aid under P.L. 1977, c.260 (52:27D-162 et seq.) or P.L. 1978, c.14
				  (52:27D-178 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 3 - FUNDING › Section 5:7-3.1 - Priorities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funding shall be
				awarded in the following order of priority:
1.
				First priority shall be given to projects that involve the demolition and disposal
				of an unsafe building as a necessary prerequisite to the erection of a new building
				by a governmental entity, nonprofit organization, private individual or commercial
				enterprise pursuant to approved construction plans and to projects that involve the
				demolition and disposal of an unsafe building that poses an imminent and extreme
				hazard to the health and safety of the community.
2. Second priority shall be given to unsafe
				buildings in redevelopment areas that do not pose an imminent and extreme
				hazard.
3. Third priority shall be given
				to unsafe buildings not located in redevelopment areas.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 3 - FUNDING › Section 5:7-3.2 - Partial advance payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Partial advance
				payments may be made consistent with the applicant's need for such advances in cases
				where the loan amount is more than $ 100,000.
(b) Funds may be withheld if the municipal
				demolition project fails to maintain its approved demolition schedule.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 3 - FUNDING › Section 5:7-3.3 - Loan terms and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Loans shall be
				issued for a period of 10 years at a fixed interest rate of four percent per annum;
				provided, however, that the Commissioner may, upon the request of a municipality,
				and for good cause, allow a longer or shorter repayment term and/or a lower interest
				rate. Any such request shall be accompanied by a supporting explanation of the
				necessity to deviate from the standard loan terms. In any case, the term of the loan
				shall not exceed the statutory maximum of 20 years.
1. The terms of any loan agreement shall be
				subject to approval by the State Treasurer.
2. Loan recipients shall comply with all
				applicable provisions of the Local Bond Law (40A:2-1 et seq.), the Local Budget Law
				(40A:4-1 et seq.) and N.J.A.C.
				5:4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 7 - URBAN AND RURAL CENTERS UNSAFE BUILDINGS DEMOLITION LOAN FUND › Subchapter 3 - FUNDING › Section 5:7-3.4 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants shall be
				required to complete the application form provided by the Department and to provide
				the following information and documents together with the application form:
1. The name of the owner(s) of the building(s) to
				be demolished and/or site(s) to be cleared;
2. The lot and block and street address of each
				building to be demolished and/or site to be cleared;
3. If the building is not owned by the
				municipality, the certification(s) and/or notice(s) of unsafe structure, issued by
				the local construction official;
4. The
				identification of any buildings listed on the State and/or Federal Register of
				Historic Places or in any municipal register of historic places or designated by the
				Pinelands Commission as an historic resource of significance to the Pinelands. If
				the municipality has an officer or agency with jurisdiction for historic
				preservation, the application shall include a certification by any such officer or
				agency that, except as may otherwise be indicated, the list of properties included
				in the application does not include unlisted structures of historic
				significance;
5. Approved construction
				plans, if any;
6. A timetable of major
				activities associated with the use of program funds, and a proposed schedule for
				expenditure and for the expected duration of the entire project(s);
7. A budget including separate estimates of the
				costs for building demolition and disposal of building debris and a separate
				breakdown of other costs;
8. An
				alternative loan proposal, if the applicant finds it necessary to have terms at
				variance with those of the standard loan agreement; and
9. An authorizing resolution of the municipal
				governing body.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.1 - Title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter promulgated pursuant to
				  55:13A-1 et seq. of the Laws of New
				  Jersey shall be known and may be cited as the "Regulations for Maintenance of Hotels
				  and Multiple Dwellings", and are hereinafter referred to as "regulations".
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to provide reasonable minimum requirements and standards, based upon
				scientific and engineering knowledge, experience and techniques, and the utilization
				of modern machinery, equipment, materials, and forms and methods of maintenance for
				the regulation of the maintenance of hotels and multiple dwellings in the State of
				New Jersey in the interest of public safety, health and welfare, as well as to
				provide effective administrative structures for enforcement.
(b) The Bureau or a local enforcing agency shall
				have discretion not to enforce any maintenance requirement herein set forth in a
				particular case if it determines that the violation of such requirement in such
				case, if allowed to continue, would not jeopardize the health, safety or welfare of
				occupants or intended occupants or of the public generally. In no case, however,
				shall the Bureau or local enforcing agency fail to enforce any standards or
				requirements pertaining to fire safety, building security, occupancy, health or
				providing of required facilities or equipment except pursuant to an exception
				granted in accordance with
				55:13A-11.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.4 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall apply to the repair,
				maintenance, occupancy and use of new and existing hotels, retreat lodging
				facilities and multiple dwellings in the State of New Jersey.
(b) A building section containing four or fewer
				dwelling units shall not be considered to be a portion of a multiple dwelling, if
				it:
1. Is held under a condominium or cooperative
				form of ownership or by a mutual housing corporation;
2. Has no dwelling units not occupied by unit
				owners, if a condominium, or by shareholders, if a cooperative or mutual housing
				corporation.
i. If there are both owner-occupied
				units and units that are not owner-occupied within a building section, then the
				owner-occupied units within that building section, and only the owner-occupied
				units, shall be considered not to be portions of a multiple dwelling.
ii. The condominium association or cooperative or
				mutual housing corporation shall provide the Bureau with any information necessary
				to justify an exemption for a dwelling unit or building section pursuant to this
				paragraph.
3. Has at least two
				exterior walls unattached to any adjoining building section; and
4. Is attached to any adjoining building sections
				exclusively by fire separation walls. The fire separation wall shall have a 1 1/2
				hour minimum fire resistant rating for buildings constructed prior to January 1,
				1977, or the rating required by the State Uniform Construction Code, N.J.A.C. 5:23,
				at the time of construction.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.5 - Interpretation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall
				be liberally interpreted to secure the beneficial purposes thereof.
(b) Any conflict or inconsistency between the
				requirements of these regulations and applicable local and Federal laws and
				regulations shall be resolved in favor of the more restrictive
				requirements.
(c) Whenever any standard
				or code is referred to in this chapter the most recent edition of such standard or
				code shall be deemed to be incorporated herein by reference, notwithstanding the
				fact that such edition may have been published subsequent to enactment of the
				regulation in which the reference to such standard or code is contained.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.6 - Maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All buildings and
				all parts thereof shall be maintained as required by this chapter and by the Uniform
				Fire Code, N.J.A.C. 5:70.
(b) All
				service equipment, means of egress, devices, and safeguards that are required in a
				building by the provisions of these regulations, or that were required by the law
				when the building was erected, altered, or repaired, shall be maintained in good
				working order.
(c) The owner shall be
				responsible at all times for the safe maintenance of the building and its facilities
				as prescribed in this chapter.
(d) A
				nonprofit corporation owning or controlling buildings of three stories or less in a
				retirement community, which are excluded from the definition of "multiple dwelling"
				pursuant to P.L. 1983, c.154, shall maintain all such buildings in compliance with
				the Uniform Fire Code, N.J.A.C. 5:70.
(e) All buildings in compliance with the Uniform
				Fire Code shall be deemed to be in compliance with the Act insofar as issues of fire
				safety are concerned.
(f) Where not
				otherwise indicated, all rules in this chapter that are applicable to hotels shall
				be applicable to retreat lodging facilities except as follows:
1.
										5:10-19.1(a)1  and 2;
				and
2. Any regulation that is not
				substantially related to the protection of the health, safety or welfare of the
				occupants of the facility or of the public generally.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.7 - Force and effect of regulations

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall have the force and effect of law until
				  revised, repealed, or amended by the Commissioner of the Department of Community
				  Affairs and shall be enforced by the Commissioner pursuant to the provisions of
				  55:13A-1 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.8 - Matters covered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this chapter shall cover all matters affecting or relating to buildings, as set
				forth in 5:10-1.4, and shall extend to all hotels
				and multiple dwellings and their appurtenant constructions, together with all
				surface and subsurface construction.
(b)
				Any matter or requirement essential for the fire or structural safety of a new or
				existing building or essential for the safety or health of the occupants or users
				thereof or the public, and which is not covered by the provisions of this chapter
				shall be the subject of determination by the Bureau of Housing Inspection in
				specific cases.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.9 - Continuation of lawful existing use

Current through Register Vol. 56, No. 14, July 15, 2024
The lawful occupancy and use of any building may be continued
				  unless a change is specifically required by the provisions of this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.10 - Bureau inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau of Housing Inspection or an
				authorized representative in the discharge of their duties shall have authority to
				enter upon and examine and inspect at all reasonable times any building, enclosure,
				or premises, or any part thereof or service equipment attached thereto or contained
				therein for the purpose of determining compliance with the provisions of this
				chapter. Officers and employees of the Bureau of Housing Inspection in the discharge
				of their duties, shall identify themselves by exhibiting their authority in writing
				signed by the Commissioner.
(b) The
				Bureau of Housing Inspection shall ensure that periodic inspections are conducted.
				Each hotel shall be inspected once every five years. Each multiple dwelling shall be
				inspected, as follows:
1. A multiple dwelling in
				which no violations are found, or all violations have been abated by the first
				reinspection, shall be placed in the highest tier and shall next be inspected in
				seven years, and the inspection fee shall be due at that time;
2. A multiple dwelling in which all violations
				have been abated by the second or third reinspection shall be placed in the middle
				tier and shall next be inspected in five years, and the inspection fee shall be due
				at that time; and
3. A multiple dwelling
				in which all violations have not been abated by the third reinspection shall be
				placed in the lowest tier and shall next be inspected in two years, and the
				inspection fee shall be due at that time.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.12 - Certificate of inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of
				the most recent inspection of any hotel or multiple dwelling, the owner thereof
				shall file with the Bureau of Housing Inspection or a local enforcing agency
				exercising jurisdiction pursuant to N.J.S.A. 55:13A-13a, upon forms, which shall
				have been provided, an application for a certificate of inspection.
1. Any owner who shall fail to comply with the
				requirements of this subsection and/or of (c) below shall be subject to a penalty in
				the amount of 50 percent of the unpaid fee, but not less than $ 50.00 nor more than
				$ 500.00 for each such unpaid fee.
2.
				Any owner to whom a penalty notice has been issued pursuant to (a)1 above who shall
				fail to comply with any order to comply the requirements of this subsection and/or
				of (c) below that is issued either together with or subsequent to the penalty notice
				shall be subject to a penalty of $ 500.00 for each failure to comply within 30 days
				with any such order.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.13 - Unsafe building notice and order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a determination
				by the Bureau of Housing Inspection or its authorized representatives or a local
				enforcing agency that violations of the provisions of this chapter exist and that
				such violations result in an imminent hazard to the safety and welfare of the
				occupants, an order shall be issued to the owner forbidding occupation of any
				dwelling units then vacated or to be vacated during the life of the order and/or
				ordering that the violation be corrected within the period specified in the
				order.
(b) The notice shall be given to
				the owner or lessee of the property involved, or to the agents of either of them,
				and may be contained in an order to declare building unsafe issued stating the
				reasons for the issuance of the order and the conditions under which occupancy may
				take place.
(c) When any owner to whom
				an order has been issued pursuant to (a) above denies that any violation justifying
				such order exists, such owner may apply for an administrative hearing. Any such
				hearing shall be held, and a decision rendered, within 48 hours of receipt by the
				Department of the hearing request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.14 - Delegation of powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The power to issue
				rules and regulations pursuant to
				55:13A-7 and
				55:13A-8 shall be exercised by the
				Commissioner, either directly or through the Deputy Commissioner or an Assistant
				Commissioner.
(b) The following powers
				of the Commissioner under the Act shall be exercised by the Director:
1. Issuance of subpoenas, pursuant to
				55:13A-6(d);
2. Application ex parte for Superior Court orders,
				pursuant to 55:13A-6(d);
3. Adoption, rejection and modification of hearing
				decisions, pursuant to
				55:13A-18; and
4. Granting of stays or rulings, actions, orders
				and notices, pursuant to
				55:13A-18.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.15 - Applications for exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any application for
				an exception pursuant to
				55:13A-11 must be filed with the Bureau
				or the local enforcing agency within 30 days of the receipt by the applicant of the
				ruling, action, order or notice requiring compliance with the regulation from which
				an exception is sought.
(b) An
				application for an exception shall be filed, as prescribed by the
				Commissioner.
(c) The time period set
				forth in (a) above may be extended by the Bureau upon a showing of good
				cause.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.16 - Separability clause

Current through Register Vol. 56, No. 14, July 15, 2024
If any provisions of this chapter shall be held invalid or
				  ineffective in whole or in part, or inapplicable to any person or situation, it is
				  the purpose and intent of this chapter that all other provisions thereof shall
				  nevertheless be separately and fully effective, and that the application of any such
				  provision to other persons or situations shall not be affected.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 5:10-1.17 - Violation penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this
				section, a "life hazard violation" shall be any violation of this chapter, or of any
				violation of the Uniform Fire Code, N.J.A.C. 5:70, that is incorporated into this
				chapter by reference, that presents a hazard to the life safety of occupants of the
				building or of the public generally.
(b)
				Except as otherwise provided in (f) and (g) below, penalties shall be assessed for
				each area in which one or more violations are found. Violation areas shall be:
1. Each dwelling unit;
2. Interior common areas; and
3. Building exterior.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.1 - Local enforcing agencies; establishment and organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality which
				elects to establish a local enforcing agency shall do so by ordinance in conformity
				with the following requirements:
1. A housing code
				official shall serve as the chief administrator of the local enforcing agency and
				shall establish the day to day operating procedures of the agency and shall be
				responsible for the activities of the inspectors and trainees. He or she shall be
				qualified and licensed as a housing code official in accordance with these
				rules.
2. Inspectors, sufficient in
				number to perform the inspections required, shall be appointed. All inspectors shall
				be qualified and licensed as inspectors in accordance with these rules.
3. The appointing authority may appoint persons to
				the position of trainee. All persons so appointed shall be qualified and licensed as
				trainees in accordance with these rules.
4. In the event the local enforcing agency shall
				consist of only one position, that position shall be filled by someone qualified and
				licensed as a housing code official.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.2 - County enforcement; establishment and organization

Current through Register Vol. 56, No. 14, July 15, 2024
A county local enforcing agency shall only be created by an
				  ordinance or resolution of the Board of Chosen Freeholders and shall be organized in
				  the same manner as a municipal agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.3 - Joint local enforcing agencies; establishment and organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two or more
				municipalities, or at least one municipality and a county, may by ordinance of all,
				or by resolution in the case of a county not authorized by law to adopt ordinances,
				join to administer and enforce the Act and the rules. The joint local enforcing
				agency shall be organized in the same manner as municipal local enforcing agencies
				are organized.
(b) The procedures for
				the execution of any agreement to create a joint local enforcing agency shall be so
				set forth in the Interlocal Services Act,
				40:8A-1 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.4 - Local enforcing agencies; administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local enforcing
				agency shall:
1. Identify all hotels and multiple
				dwellings within its jurisdiction;
2.
				Maintain a registry thereof;
3. Provide
				a copy of the registry to the Bureau; and
4. Promptly notify the Bureau of all
				changes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.5 - Departmental monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau of
				Housing Inspection shall institute a regular program of monitoring enforcing
				agencies to ensure that the Act and rules are being properly enforced. This
				monitoring program shall provide for random field visits as well as monitoring
				visits in response to complaints.
(b)
				When making a monitoring visit, the Bureau shall determine:
1. Whether the Housing Code Official and any
				inspectors or trainees are licensed in accordance with these rules;
2. Whether all required inspections and
				re-inspections are being made when required by the Act;
3. Whether inspection reports, notices of
				violations and penalty notices are being properly issued and maintained;
4. Whether the enforcing agency has sufficient
				staff; and
5. Whether the local
				enforcing agency or any of its employees are in violation of any requirement of the
				Act or these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1A - LOCAL ENFORCING AGENCIES › Section 5:10-1A.6 - Appointment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A housing code
				official or inspector in a non-civil service municipality shall not be subject to
				removal from the position for reasons having to do with technical, administrative or
				enforcement issues related to enforcement of the Hotel and Multiple Dwelling Law so
				long as he or she continues to hold licensure as a housing code official or
				inspector, as the case may be.
(b) The
				Department shall have the right to suspend or revoke the license of a housing code
				official or inspector or trainee who violates any provision of the Hotel and
				Multiple Dwelling Act or of these rules, or is grossly negligent in the performance
				of his or her duties, or fails to maintain a minimally acceptable level of
				competence.
(c) Municipal officials may
				determine salary, assign office space, require reports of activities and generally
				fix terms and conditions of employment. They may impose discipline for failure to
				maintain office hours, failure to maintain records, failure to serve the public
				courteously, or for dishonesty, intoxication or other forms of misbehavior not
				related to housing code enforcement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.1 - Authority; hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate for a license issued pursuant to
				this subchapter shall submit an application to the Licensing Unit, Office of the
				Director of the Division of Codes and Standards, which shall review and process the
				application, in accordance with applicable provisions at
				N.J.A.C.
				5:23-5.5(b).
(b) Licensing responsibility within the Division
				of Codes and Standards shall be, as follows:
1.
				The Office of the Director of the Division of Codes and Standards shall issue such
				licenses as may be called for herein, when warranted, shall affix the seal of the
				Commissioner thereon, shall keep accurate records of all applications for a license
				and official action thereon, and shall make such records available for inspection by
				the public at all reasonable times.
2.
				The Bureau of Housing Inspection shall suspend or revoke licenses provided for
				herein upon the establishment of cause as set forth in this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.2 - Types of licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any agency created
				for the purpose of conducting inspections of hotels and multiple dwellings for the
				purpose of enforcing the Hotel and Multiple Dwelling Law, P.L. 1967, c.76
				(55:13A-1 et seq.) must be staffed with
				individuals who possess the appropriate license(s) issued by the State of New
				Jersey, Department of Community Affairs. This requirement shall be equally
				applicable to the Bureau of Housing Inspection and to local enforcing agencies.
1. An enforcing agency that is staffed by a
				licensed inspector of Hotels and Multiple Dwellings and housing code official may
				perform all of the functions that are allowed under this chapter, including
				collecting of fees, conducting inspections, reinspections, assessing penalties,
				penalty enforcement actions, and other actions provided for under the Act and this
				chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.4 - Procedure for approving educational programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any licensed
				institution of secondary or higher education may submit any credit or non-credit
				course for approval as a component of the educational programs required by
				5:10-1B.3. The application shall be in
				letter form, be submitted at least 60 days prior to the first class session of the
				course and contain all the information specified herein.
(b) Each application shall be submitted in the
				name of the institution by a person authorized to do so. It shall contain the
				minimum information:
1. The name of the course or
				program;
2. A description of the length
				of each session, the frequency of the sessions and the total number of
				sessions;
3. An outline showing the
				course or program content broken down by session;
4. A description of any text or materials to be
				used. The description shall identify whether the text or materials will be mandatory
				or suggested;
5. A description of the
				institution's standard for faculty members who will be employed to instruct the
				course or program;
6. An estimate of the
				program's duration (that is, the number of times it will be offered);
7. A statement that the institution will notify
				the Department if the program is withdrawn or changed at any time;
8. A statement that the institution will conduct
				the course or program in accordance with
				5:10-1B.3 and will maintain such records
				as are therein required; and
9. A
				statement of such charges as the institution has established for the course or
				program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.5 - Duties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Housing Code
				Official performs the following duties as the first line supervisor in a local
				enforcement agency responsible for the administration and enforcement of the Act and
				rules:
1. Plans all phases of the inspection
				agency's work and assigns the work to Inspectors of Multiple Dwellings and other
				appropriate support staff, including trainees;
2. Develops and administers the housing code
				administrative program in the public interest in accordance with the provisions set
				forth in the Act and the rules;
3.
				Plans, develops and coordinates agency's programs with all related
				intra-governmental and inter-governmental programs;
4. Is responsible for the development and
				implementation of a continuing public information program concerning code
				administration purposes, programs and issues;
5. Represents the agency in all governmental
				activities related to the administration of the program;
6. Initiates investigations and brings to
				appropriate conclusions;
7. Performs the
				daily required tasks to ensure that there is proper administration of the
				program;
8. Ensures the proper
				maintenance of required files and records;
9. Resolves the day-to-day operational
				problems;
10. Maintains close liaison
				with the appropriate bureau unit within the Department of Community
				Affairs;
11. Ensures that timely and
				complete inspections and reinspections are performed;
12. Prepares necessary reports and correspondence
				as required;
13. Prepares budget and
				staffing requests;
14. Ensures that
				files are appropriately prepared for court action, and interacts with the legal
				staff;
15. Testifies in court when
				necessary; and
16. Performs any other
				related duties required for the efficient administration of the program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.6 - Renewal of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every three years,
				any license already issued shall be renewed upon submission of an application,
				payment of the required fee, as defined in
				5:10-1B.8, and verification by the
				Bureau that the applicant has met such continuing educational requirements under (e)
				below. The Bureau shall renew the license previously issued for a term of three
				years. The renewal period shall begin 60 days prior to the expiration dates, which
				shall be July 31 or January 31.
(b) The
				Bureau shall issue, upon application, a duplicate license of the appropriate type
				and specialty upon a finding that the license has been issued and the applicant is
				entitled to such license to replace the one which has been lost, destroyed or
				mutilated. Payment of a fee of 50 percent of the application fee shall be
				required.
(c) Where the holder of a
				license has allowed it to lapse by failing to renew the license, as provided in (a)
				above, within three years of the license having lapsed, then the application may be
				made in the same manner as a regular renewal, but the application shall be
				accompanied by the appropriate renewal fee and an additional late fee determined in
				accordance with 5:10-1B.8(b).
				Additionally, the licensee must make up or meet the appropriate continuing education
				requirement for each active and expired year, as specified in (e) below.
1. Where the license has lapsed for a period
				exceeding three years or has been revoked, a new application shall be required, in
				accordance with 5:10-1B.2, and the applicant shall meet
				all current licensure requirements. In any such case, the provisions of
				5:10-1B.2(b)4  i and ii
				shall not apply.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.7 - Revocation of licensure and alternative sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau may
				suspend or revoke a license, and/or assess a civil penalty of not more than $
				500.00, if the Bureau determines that the holder:
1. Has violated any of the provisions of the Act
				or rules;
2. Has obtained a license by
				fraud or misrepresentation, or the person named in the license has obtained it by
				fraud or misrepresentation;
3. Has aided
				or abetted in practice as a licensed enforcement official or inspector any person
				not authorized to practice as an enforcement official or inspector under the
				provisions of these rules;
4. Has
				fraudulently or deceitfully practiced as a licensed enforcement official or
				inspector;
5. Has been grossly negligent
				or has engaged in misconduct in the performance of any of his or her
				duties;
6. Has failed, over a period of
				time, to maintain a minimally acceptable level of competence;
7. Has been found to have failed to report an
				offer or bribe or other factor in a proceeding under the Act or other appropriate
				law of this or any other State or jurisdiction;
8. Has failed to comply with any order issued by
				the Department;
9. Has made a false or
				misleading written statement, or has made a material omission in any submission to
				the Department; or
10. Has failed to
				enforce the Act or rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 1B - INSPECTOR LICENSING › Section 5:10-1B.8 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No application for a
				license shall be acted upon unless the application is accompanied by a fee or fees
				as follows:
1. The initial application fee shall be
				$65.00, regardless of the number or type(s) of licenses applied for at the same
				time; and
2. The three-year renewal
				application fee shall be $65.00, regardless of the number or type of license
				renewals applied for at the same time.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 10 - MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS › Subchapter 2 - DEFINITIONS › Section 5:10-2.1 - Tense, gender, and number

Current through Register Vol. 56, No. 14, July 15, 2024
Words used in the present tense include the future; words used in
				  the masculine gender include the feminine and neuter; words used in the singular
				  include the plural and the plural includes the singular.