reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 3 - BUSINESS PERMIT › Section 5:62-3.3 - Business permit renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Business permits expire two years from the
				date of issuance as indicated on the business permit certificate. Each certificate
				holder shall be mailed a renewal application prior to the expiration of its
				certificate.
(b) Permit renewal
				applications shall be sent to the Board of Landscape Irrigation Contractors, c/o
				Department of Community Affairs, Division of Codes and Standards, PO Box 802,
				Trenton, NJ 08625-0802, and postmarked no later than 30 days prior to the date the
				certificate expires. The renewal application shall include any change in: the
				permittee's name and/or trade name; the business street and/or mailing address; the
				permittee's telephone number; Federal and/or State tax identification numbers; the
				company name; or the designated certificate holder.
(c) If the Board or its duly authorized
				representative determines the request for the business permit renewal incomplete,
				late, or finds the permittee or its designated certificate holder does not meet the
				requirements set forth in the Act and this chapter, it may reject the request for
				the business permit renewal, and notify the permittee of the reasons for the
				rejection. If the Board or its duly authorized representative determines the renewal
				application complies with the Act and this chapter, the Board shall issue the
				renewal to the permittee.
(d) The
				business permit of a business permit holder who has timely filed a complete renewal
				application in compliance with this subchapter will remain in effect pending the
				permittee's receipt of the Board's decision regarding the renewal of the business
				permit.
(e) An application for a new
				business permit shall be required of a permittee:
1. Within 10 days after it changes or replaces its
				designated certificate holder, except in the instance of death or disability of the
				permittee's designated certificate holder in accordance with
				N.J.A.C.
				5:62-3.4; or
2. Who fails to apply for renewal of the business
				permit within two years after its expiration.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 3 - BUSINESS PERMIT › Section 5:62-3.4 - Continuation of permittee upon the death or disability of the permittee's designated certificate holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may allow a business permit holder
				to operate without a designated certificate holder for a period of up to 180 days
				from the date of the loss of the designated certificate holder, if that permittee
				provides a written request to the Board within 30 business days after the death or
				disability of the designated certificate holder and proof of the death or disability
				of the designated certificate holder.
(b) Proof of the death or disability of the
				designated certificate holder shall be submitted by the permittee to the Board with
				the signed and certified oath set forth at
				N.J.A.C.
				5:62-2.1(b)1.
(c) At the end of the 180-day period, the Board
				may assess a civil administrative penalty or take any other action authorized by the
				Act and this chapter, for the business permittee's failure to have a designated
				certificate holder.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 4 - FEE SCHEDULE › Section 5:62-4.1 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee schedule is as follows:
1.
Application for certification
$
							 45.00
2.
Re-application for
							 certification
45.00
3.
Late renewal fee
300.00
4.
Certification fee (initial)
300.00
5.
Certification renewal fee
							 (bi-annual)
300.00
(b)
				Applicants who desire to take a computer-based testing examination will be referred
				to an approved computer testing center.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.1 - Identification of certificate holders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or its
				duly authorized representative shall issue to the certificate holder an
				identification card. The certificate holder shall have the identification card in
				his or her possession at all times while performing landscape irrigation
				contracting.
(b) The identification card
				of any certificate holder who has failed to submit a timely application to renew the
				certificate or who has had the certificate suspended or revoked for any reason is
				deemed null and void and the certificate holder shall immediately return the
				identification card to the Board or its duly authorized representative.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.2 - Business permit number use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The permittee's
				business permit number shall appear on the permittee's business correspondence,
				stationery, landscape irrigation plans and drawings, contracts, bids, legal
				documents, and in all advertisements.
(b) The permittee's business permit number shall
				be visibly displayed on both sides of all commercial vehicles utilized in the
				practice of its landscape irrigation contracting in at least three-inch high
				characters and shall read "LICBP #" followed by the business permit number. If there
				are other legally required markings, making strict compliance with the above letter
				size requirement impractical, the size of the lettering shall be as close to
				three-inches as practicable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.3 - Pressure seal and embossing documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon issuance of a
				certificate, the certificate holder is required to purchase a pressure
				seal.
(b) No person, other than the
				certificate holder to whom the seal has been issued, shall have the right to use the
				seal.
(c) The designated certificate
				holder shall emboss all the permittee's construction applications, construction
				drawings, and construction contracts with the imprint of his or her seal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.4 - Change of address or status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each certificate
				holder, including a permittee's designated certificate holder, and permittee shall
				give written notice to the Board or its duly authorized representative of any
				address change within 10 days after such change.
(b) A new business permit is required prior to a
				change of the designated certificate holder.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.5 - Joint ventures

Current through Register Vol. 56, No. 14, July 15, 2024
Before two or more persons form a joint venture for the purpose of
				  entering into, engaging in, or advertising the business of landscape irrigation
				  contracting in New Jersey, each party to the joint venture shall obtain a valid
				  business permit pursuant to
				  N.J.A.C.
				  5:62-3.1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.6 - Potable water supply connections

Current through Register Vol. 56, No. 14, July 15, 2024
If a landscape irrigation system is connected to a potable water
				  supply, the certified landscape irrigation contractor's connection is to begin at
				  the downstream side of a properly installed backflow prevention device as required
				  by the Plumbing Subcode of the Uniform Construction Code,
				  N.J.A.C.
				  5:23-3.15.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.7 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are exempt from obtaining a
				certificate and/or a business permit pursuant to N.J.S.A. 45:5AA-3.c, as detailed
				below:
1. Licensed plumbing contractors, as
				defined at N.J.S.A. 45:14C-2, are exempt from
				having to obtain a landscape irrigation contractor certificate but not a business
				permit pursuant to the Act if they are installing landscape irrigation systems as
				part of their plumbing contracting business. A licensed plumbing contractor who
				installs landscape irrigation systems as part of his or her plumbing contracting
				business shall file for a business permit in accordance with this chapter by June 7,
				2021, in order for the Board to have a record of such activity and to qualify any
				subsequent applications for a certificate. The existence of a licensed plumber or
				plumbing contractor on staff or payroll of a business does not exempt it from having
				to obtain a business permit and designate a certificate holder in order to
				advertise, enter into, or engage in the business of landscape irrigation
				contracting. A landscape irrigation contractor, who may be the owner or an employee
				of the business engaged in landscape irrigation contracting, shall obtain
				certification pursuant to the provisions of the Act and this chapter;
2. Officers, employees, and authorized
				representatives of the United States, the State, or any political subdivision
				thereof performing work on the property of the public entity;
3. Vendors of landscape irrigation components,
				materials, or equipment who perform only such functions as delivery, rendering of
				advice or assistance in installation, normal warranty service, or exchange of
				defective or damaged goods;
4.
				Contractors engaged in the design, fabrication, installation, or construction of
				irrigation apparatus, or irrigation equipment of any type which is to be used solely
				for agricultural purposes in the production of harvestable and saleable vegetative
				or animal products;
5. Employees engaged
				in landscape irrigation contracting for a permittee which has a designated certified
				landscape irrigation contractor;
6. Golf
				course employees performing work on landscape irrigation systems on the golf course
				where they are currently employed; and
7. Landscape contractors when replacing sprinkler
				heads damaged during lawn mowing or grounds maintenance or when making minor
				incidental repairs to sprinkler piping damaged during landscape construction, except
				that this exemption shall not apply to the installation of automatic controllers,
				electric or hydraulic control valves, drip irrigation systems and micro-irrigation
				systems, or to the performance of irrigation system service or
				maintenance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.8 - Other laws and rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing in this chapter or the Act shall be
				construed to release any permittee or certificate holder, or any other person, from:
1. Complying with the Consumer Fraud Act,
				N.J.S.A.
				56:8-1 et seq., and the rules promulgated pursuant
				thereto, N.J.A.C. 13:45A;
2. Complying
				with any other applicable State laws and/or rules;
3. Obtaining any business licenses, paying permit
				fees, and obtaining such other standard licenses and paying associated fees, as may
				be required of any person doing business in the municipality, county, or other
				political subdivision of the State in which they are to engage in landscape
				irrigation contracting, and complying with any applicable code, rule, or regulation
				of any such jurisdiction, except that no other examination or special license shall
				be required of a permittee or a certificate holder to advertise, enter into, or
				engage in landscape irrigation contracting.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 5 - ADDITIONAL REQUIREMENTS › Section 5:62-5.9 - Registry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board or its duly authorized
				representative shall maintain a registry of certified landscape irrigation
				contractors that will include the certificate holder's name, address, certificate
				number, the date the certificate was issued and expiration date, and any unresolved
				violations with the Board. The registry shall indicate each certificate holder who
				is a designated certificate holder for a business permit holder.
(b) The Board or its duly authorized
				representative shall maintain a registry of business permit holders, including each
				permittee's: name, trade name, street and mailing address, phone number, business
				permit number, and Federal and State tax identification numbers; the permittee's
				designated certificate holder's name and certification number, street address and
				mailing address, and phone number; the date the business permit was issued and
				renewed; and any unresolved violations with the Board.
(c) The Board or its duly authorized
				representative shall maintain a registry of those businesses or individuals
				performing or advertising as certified to perform landscape irrigation work without
				certification.
(d) All registries
				maintained by the Board are available at the Department's web site at
www.nj.gov/dca/divisions/codes/advisory/LICboard.html
.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 6 - ENFORCEMENT › Section 5:62-6.1 - Board actions; remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may take any and all actions
				authorized pursuant to N.J.S.A. 45:5AA-8, 9, and 10.
(b) A person whose application for a certificate
				or business permit has been denied, or whose certificate or business permit has been
				suspended or revoked, or against whom a civil administrative penalty has been
				assessed, or who has been issued any other order by the Board, is entitled to a
				hearing in accordance with the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Uniform Administration
				Procedure Rules, N.J.A.C. 1:1, the Act, and this chapter.
(c) Should the Board have cause to believe that
				any person is in violation of any provision of the Act or rules promulgated pursuant
				thereto, the Board may initiate an investigation. If, upon investigation, the Board
				determines that there has been a violation, the Board may take any and all actions
				authorized pursuant to N.J.S.A. 45:5AA-8, 9, and 10. Failure by an applicant for a
				certificate or a business permit, a certificate holder, or a permittee to respond to
				a written request from the Board or its duly authorized representative for
				information or to provide necessary information in connection with an investigation
				by the Board shall be grounds for denial, suspension, revocation, or refusal to
				renew a certificate or business permit as determined by the Board.
(d) The minimum period of suspension of a
				certificate or business permit shall be 90 days. The suspension shall terminate and
				the certificate or business permit be reinstated only when:
1. The suspension period has ended;
2. The certificate holder or permittee has
				satisfactorily remedied all causes for the suspension and has provided written proof
				thereof and any other proof determined necessary by the Board;
3. The certificate holder or permittee has
				submitted a request in writing to the Board to have his or her certificate or
				business permit reinstated with his or her signed and certified oath, as set forth
				at
				N.J.A.C.
				5:62-2.1(b)1; and
4. The certificate holder or permittee shall
				submit a request for reinstatement no later than 90 days after the end of the
				suspension period. If a request for re-instatement is not timely submitted, the
				certificate holder or permittee shall reapply as a new applicant for a certificate
				or a business permit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 6 - ENFORCEMENT › Section 5:62-6.2 - Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any order, notice of civil administrative
				penalty, or notice of revocation, suspension, denial, or non-renewal of a
				certification or a business permit will:
1. Be
				served by certified mail, return receipt requested, and first class mail, or by
				personal service upon the person or persons who are subject of the order or
				notice;
2. Identify the person or
				persons subject to the order, notice, denial, penalty assessment, or other
				action;
3. Set forth a concise statement
				of the facts alleged to constitute a violation;
4. Identify the specific provisions of the Act,
				chapter, certification, business permit, or order which has been violated;
5. Describe the remedial or other
				action which shall be implemented, or caused to be implemented, by the violator, and
				the time periods within which such implementation shall commence and be
				completed;
6. In the case of a civil
				administrative penalty assessment, specify the amount of the civil administrative
				penalty to be imposed in accordance with the Civil Administrative Base Penalty
				Matrix at
				N.J.A.C.
				5:62-6.1(f);
7. If a civil administrative penalty is assessed
				against more than one person for the same violation or violations, each shall be
				jointly and severally liable for the penalty assessed;
8. In the case of a denial, suspension,
				revocation, or non-renewal of a certification or business permit, a description of
				the specific grounds for the denial, suspension or revocation, or
				non-renewal;
9. In the case of a
				suspension of a certification or business permit, the length of time the suspension
				shall remain in effect; and
10. Notify
				the person or persons named in the denial, non-renewal, suspension, revocation,
				civil administrative penalty assessment, or other order, of the right to request an
				adjudicatory hearing pursuant to the provisions of N.J.A.C.
				5:62-7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 62 - LANDSCAPE IRRIGATION CONTRACTORS › Subchapter 7 - HEARING REQUESTS › Section 5:62-7.1 - Procedures to request an adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				limitation on third party hearing rights specified in
				N.J.S.A.
				52:14B-3.1 through 3.3, a person aggrieved by a
				decision made by the Board including: an assessment of civil administrative penalty;
				notice of denial, non-renewal, suspension, or revocation of a certificate or
				business permit; or any other Board decision from which a contested case hearing is
				to be provided pursuant to Administrative Procedures Act,
				N.J.S.A.
				52:14B-1 et seq., may request a hearing. The
				written request for a hearing shall be submitted to:
Board of Landscape Irrigation Contractors
c/o Department of Community Affairs
Division of Codes and Standards
PO Box 802
Trenton, NJ 08625-0802
(b) All requests for a contested case hearing
				shall be received by the Board no later than 20 days after the date the
				Administrative Order or any decision in (a) above was received by the petitioner.
				The order or decision shall be presumed to have been received three days after it
				was mailed by regular mail, unless it was returned to the Board as
				undeliverable.
(c) All requests for a
				contested case hearing shall be submitted in writing to the Board in accordance with
				(b) above and shall contain:
1. The name, address,
				and telephone number of the person making the hearing request;
2. A copy of the document being contested;
3. A brief and clear statement of the
				requester's interest in such decision;
4. A statement of all facts alleged to be at issue
				and their relevance to the Board's decision for which a hearing is requested. Any
				legal issues associated with the alleged facts at issue shall also be
				included;
5. An admission or denial of
				each of the Board's findings of fact;
6.
				A description of the facts and/or issues which the person believes constitute a
				defense to the allegations made by the Board;
7. Information and documentation supporting the
				hearing request and specific reference to, or copies of, other written documents
				relied upon to support the request;
8.
				An estimate of the time required for the hearing (in days or hours); and
9. A request, if necessary, for a barrier-free
				hearing location for physically disabled persons.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is established to implement the provisions of
				  P.L.
				  2017, c. 15. It is the
				  intent and purpose of this chapter to set forth the process by which Sandy-impacted
				  homeowners may apply to the Department for issuance of a Certification of
				  Eligibility for Forbearance. If that application is approved by the Department, the
				  applicant may receive mortgage forbearance for the time period set forth in the Act.
				  A Sandy-impacted homeowner may also apply to the courts for a stay of existing
				  foreclosure proceedings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.3 - Initial Department notifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before
				March 31, 2017, the Department shall:
1. Notify as
				many Sandy-impacted homeowners as is reasonably possible of their potential
				eligibility for forbearance or a stay of foreclosure proceedings;
2. Post program information and requirements
				regarding eligibility and the application process on the Department's
				website;
3. Make an online application
				available from the Department's website;
4. Notify the courts of those persons and
				associated properties that are potentially eligible for forbearance or a stay of
				foreclosure proceedings; and
5. To the
				greatest extent reasonably possible, notify the State's active mortgage lenders of
				those persons and associated properties that are potentially eligible for mortgage
				forbearance or a stay of foreclosure proceedings.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.4 - Application and review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				Sandy-impacted homeowners may file an application with the Department requesting a
				Certification of Eligibility for Forbearance. Any such application must be filed
				with the Department by no later than May 31, 2017.
(b) Applications shall be filed utilizing the
				Department's online system. Instructions for filing will be provided by the
				Department on its website as of March 31, 2017. Applicants shall be required to file
				with the Department proof of current mortgage obligation and may be asked to supply
				additional documentation. Applicants will also be required to complete the
				certifications required by N.J.A.C. 5:65-1.7.
(c) If the Department's review indicates that the
				application or supporting documentation is not complete or is deficient, the
				Department shall provide notice that explains why the application is incomplete
				and/or deficient. The homeowner shall be permitted to resubmit the
				application.
(d) The Department shall
				have a period of 30 days from the date the application is submitted to conduct its
				review of the application. If an application is incomplete and/or deficient pursuant
				to (c) above, the applicant will have the opportunity to resubmit. Upon
				re-submission, the 30-day review period will begin again.
(e) If the Department fails to act on an
				application within the 30 days, the applicant shall be deemed to have satisfied the
				eligibility criteria. The applicant may request that the Department issue a
				Certification of Eligibility for Forbearance in such cases.
(f) If the applicant meets all eligibility
				criteria, the Department shall issue a Certification of Eligibility for
				Forbearance.
(g) If the Department
				issues a Certification of Eligibility for Forbearance pursuant to (e) or (f) above,
				the Department shall also notify the Administrative Office of the Courts and the
				appropriate mortgage lender as that entity is identified by the applicant in his or
				her application.
(h) If the Department
				determines, within the 30-day review period, that an applicant does not meet the
				eligibility criteria, it shall advise the applicant accordingly, along with an
				explanation and information on the applicant's ability to appeal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.5 - Conditions of forbearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding
				the provisions of any law, rule, or regulation to the contrary, the repayment period
				of any mortgage that is subject to forbearance pursuant to the issuance of a
				Certification of Eligibility for Forbearance, shall be extended by the number of
				months the forbearance is in effect. During the period of forbearance, all terms and
				conditions of the original mortgage, except those about default and delinquency
				during forbearance, shall continue without modification, and there shall be no fees
				assessed for the forbearance, or penalty for early repayment.
(b) Forbearance shall not be construed to impact a
				homeowner's property tax and insurance obligations related to the property that is
				the subject of the forbearance.
(c) A
				homeowner who has received a Certification of Eligibility for Forbearance shall be
				responsible for maintenance of the property that is the subject of the forbearance
				during the period of forbearance.
(d) A
				homeowner who has received forbearance shall use the mortgage forbearance period and
				the money from the suspended mortgage and interest payments to fund the construction
				or elevation work on his or her primary home that remains as a result of damage
				sustained in Superstorm Sandy until the earlier of the completion of the
				construction or elevation work or the end of the mortgage forbearance period as
				determined pursuant to N.J.A.C. 5:65-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.6 - Period of forbearance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The forbearance
				period shall conclude upon the occurrence of the earlier of the following:
1. The conclusion of one year following issuance
				of a certificate of occupancy for all construction or elevation work, including
				recovery and rebuilding program work, which is the result of damage sustained in
				Superstorm Sandy and requires either a certificate of occupancy or a temporary
				certificate of occupancy in order for the homeowner to reoccupy the
				residence;
2. July 1, 2019; or
3. Regarding a property in foreclosure
				proceedings, upon the expiration of 10 days following a sheriff's sale.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.7 - Required attestations by applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				applicant for mortgage forbearance shall be required to attest under penalty of law
				and to the best of his or her knowledge the following:
1. Without mortgage forbearance at this time, the
				applicant is unable to complete the construction or elevation work on his or her
				primary residence that remains as a result of damage sustained in Superstorm
				Sandy;
2. Mortgage forbearance for the
				length of time allowed by N.J.A.C. 5:65-1.6 will enable the applicant to commence or
				continue the construction or elevation work on his or her primary residence
				resulting from damage sustained in Superstorm Sandy; and
3. The applicant will use the mortgage-forbearance
				period and the suspended mortgage and interest payments to fund the construction or
				elevation work on his or her primary residence that remains as a result of damage
				sustained in Superstorm Sandy until the earlier of the completion of the
				construction or elevation work or the end of the mortgage forbearance period as
				determined pursuant to N.J.A.C. 5:65-1.6.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.8 - Severability clause

Current through Register Vol. 56, No. 14, July 15, 2024
If any part of this chapter shall be held invalid, the holding
				  shall not affect the validity of the remaining parts of this chapter. If a part of
				  this chapter is held invalid in one or more of their applications, the chapter shall
				  remain in effect in all valid applications that are severable from the invalid
				  application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 65 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Subchapter 1 - RULES FOR MORTGAGE FORBEARANCE FOR SANDY-IMPACTED HOMEOWNERS › Section 5:65-1.9 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may waive any part of this chapter upon its
				  determination that strict application of the part of the chapter would be
				  inconsistent with the underlying purposes of the statute.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.1 - Title; division into subchapters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regulations
				contained in this chapter shall be known as the "New Jersey Uniform Fire Code" and
				are referred to herein as the Code.
(b)
				The Code is divided into four subchapters:
1.N.J.A.C. 5:70-1, entitled "General
				Provisions";
2.N.J.A.C. 5:70-2, entitled
				"Administration and Enforcement";
3.N.J.A.C. 5:70-3, entitled "State Fire Prevention
				Code"; and
4.N.J.A.C. 5:70-4, entitled
				"State Fire Safety Code."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This Code is promulgated by the Commissioner of the Department of
				  Community Affairs pursuant to authority of the "Uniform Fire Safety Act" ( P.L.
				  1983, c.383, 52:27D-192 et seq.).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the intent of
				this Code to prescribe regulations consistent with nationally recognized good
				practice for the safeguarding to a reasonable degree of life and property from the
				hazards of fire and explosion arising from the storage, handling and use of
				hazardous substances, materials and devices, and from conditions hazardous to life
				or property in the use or occupancy of buildings or premises.
(b) Where no specific standards or requirements
				are specified in this Code, or contained within other applicable laws (or adopted
				codes) or ordinances, compliance with the standards of the National Fire Protection
				Association or other nationally recognized fire-safety standards as are approved by
				the fire official shall be deemed as prima facie evidence of compliance with the
				stated intent of this Code.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of
				this Code shall apply to new and existing buildings, uses and conditions, as
				hereinafter provided.
(b) The provisions
				contained in this Code shall not be construed as applying to the transportation of
				any article or substance shipped under the jurisdiction of and in compliance with
				the regulations prescribed by the military forces of the United States or the
				transportation of flammable or combustible liquids or hazardous materials or
				chemicals subject to the regulation and control of the New Jersey Department of
				Transportation or the United States Department of Transportation or other Federal
				Agency having jurisdiction.
1. The fire official
				shall have jurisdiction to order the correction of any dangerous condition created
				by any transportation conveyance.
2. The
				right of any local government to adopt ordinances governing the routing of vehicles
				transporting flammable or combustible liquids or hazardous materials or chemicals
				shall not be deemed to be limited by anything contained in this section.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.5 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms shall have the meaning indicated, except where
				  the context clearly requires otherwise. All definitions found in the Uniform Fire
				  Safety Act, P.L. 1983, c. 383,
52:27D-192
et
				  seq., shall be applicable to this chapter. Where a term is not defined in this
				  section or in the Uniform Fire Safety Act, then the definition of that term in the
				  Uniform Construction Code at
5:23-1.4
shall govern.
"Act" means the Uniform Fire Safety Act, P.L. 1983, c.383,
				  52:27D-192 et seq., and includes all
				  acts amendatory and supplementary thereto and all regulations adopted pursuant
				  thereto.
"Atrium" means a floor opening or series of floor openings
				  connecting two or more stories that is covered at the top of the series of openings
				  and is used for purposes other than an enclosed stairway; elevator hoistway;
				  escalator opening; or utility shaft used for plumbing, electrical, air conditioning,
				  or communication facilities.
"Bed and breakfast" means a facility providing sleeping or
				  dwelling accommodations to transient guests which:
1. Is comprised of a structure originally
				  constructed as a private residence or a bed and breakfast;
2. Includes individual sleeping accommodations for
				  50 or fewer guests;
3. Has at least one
				  dwelling unit occupied by the owner of the facility or his agent as his place of
				  residence during any time that the facility is being used for the lodging of guests
				  or has an owner or agent of the owner within 15 minutes travel distance of the
				  facility while guests are lodging there;
i. If the
				  owner or agent is not on site, there shall be a clearly legible sign, conspicuously
				  displayed in the area where guests register, containing the owner's or agent's name,
				  address (including unit number or apartment number) and a 24-hour emergency
				  telephone number;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:70-1.7 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any provision of
				the Code or the application thereof to any person or circumstances is held invalid,
				the invalidity shall not affect other provisions or applications of the Code which
				can be given effect and to this end the provisions of the Code are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.1 - Enforcement authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be the duty and responsibility of the
				agency having jurisdiction in accordance with
				5:71-2.2 to enforce the provisions of
				this Code as set forth herein.
1. Where no local
				enforcing agency has been created the Division shall enforce the provisions of this
				Code for life hazard uses or whenever conditions which constitute an imminent hazard
				are found to exist.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.2 - Responsibility for compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner shall be
				responsible for the safe and proper maintenance of the premises at all
				times.
(b) Owners of premises which are,
				or which contain, one or more uses subject to this Code, shall have concurrent
				responsibility with the owners of any such uses for compliance with the Code. No
				person shall be required to abate any violations which he has no power to abate or
				to require to be abated. If a violation is served on an owner who cannot comply due
				to lack of authority, within five days of receipt of the notice of violation, the
				owner shall either provide notice of the violation to the party with authority or
				inform the fire official of such party's name and address.
(c) If an occupant of a premises creates
				conditions in violation of this Code, by virtue of storage, handling and use of
				substances, materials, devices and appliances, the occupant can be held responsible
				for the abatement of said hazardous conditions.
(d) A person shall be deemed to have violated or
				caused to have violated a provision of this Code if an officer, agent or employee
				under his control and with his knowledge has violated or caused to have violated any
				of the provisions of this Code.
(e)
				Subsequent owners or those succeeding to control over the premises shall be
				responsible for correcting unabated violations and for the payment of outstanding
				fees and/or penalties whether or not they have requested a certificate of fire code
				status.
1. Upon request of the owner, contract
				purchaser, transferee or the authorized agent of any of them, the enforcing agency
				having jurisdiction over the premises shall issue a certificate either indicating
				that violations exist or that fees and/or penalties remain outstanding according to
				its records, or which states that its records indicate that no violations remain
				unabated and no penalties or fees remain unpaid. Upon request, the agency shall
				provide copies of the violations list and penalty orders.
2. Fees for the issuance of certificates of fire
				code status shall be as follows:
i. In any
				jurisdiction in which the Division of Fire Safety serves as the local enforcing
				agency, there shall be no charge for the first two certificates requested in any
				month period by an owner who is current in payment of applicable life hazard or
				non-life hazard fees. Thereafter, or if an owner has not made such payment, a
				notation to that effect shall be made on the bill and the requestor shall be charged
				a fee for the issuance of the certificate in the amount of $ 35.00.
ii. The fire official of a local enforcing agency
				other than the Division of Fire Safety may establish a reasonable fee for the
				issuance of a certificate of fire code status.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.3 - Certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before any one- and two-family or attached
				single family structure is sold, leased, or otherwise made subject to a change of
				occupancy for residential purposes, the owner shall obtain a certificate of smoke
				alarm, carbon monoxide alarm, and portable fire extinguisher compliance CSACMAPFEC,
				evidencing compliance with
5:70-4.19
, from the appropriate
				enforcing agency.
1. Where a municipality has
				existing inspection or approval requirements under a property maintenance or other
				municipal code, a CSACMAPFEC shall not be required; provided, however, that the
				agency responsible for the enforcement of that code shall not issue any certificate
				of inspection or occupancy or other approval under such municipal code until it has
				determined that the dwelling complies with the requirements of
5:70-4.19
.
2. Where no
				municipal inspection or approval requirement exists, the agency responsible for
				enforcement of the Uniform Fire Safety Act shall be responsible for issuance of the
				CSACMAPFEC.
i. The Department, where it serves as
				the enforcing agency, may, upon application by a local fire department, delegate to
				that fire department the responsibility and authority for issuance of the CSACMAPFEC
				within the municipality, or portion of a municipality, served by that fire
				department.
3. The owner, or
				authorized agent of the owner, shall apply for a CSACMAPFEC on a form provided by
				the enforcing agency. The application shall be accompanied by the appropriate fee,
				as set forth in
5:70-2.9(d)
.
4. A CSACMAPFEC shall not be transferable. If the
				change of occupancy specified in the application for a CSACMAPFEC does not occur
				within six months, a new application shall be required.
i. The enforcing agency may issue a CSACMAPFEC for
				a seasonal rental unit for a period of up to 12 months, regardless of the number or
				frequency of changes in tenancy.
5. No CSACMAPFEC shall be issued until inspection
				of the structure indicates compliance with
5:70-4.19
, except as
				provided in (b) below.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.4 - Scope and classification of life hazard uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The premises and
				uses identified as life hazard uses shall be divided into four basic groups
				designated as types "A", "B", "C", and "D." The premises and uses included in each
				of these types are set forth in
				5:70-2.4A, 2.4B, 2.4C and 2.4D,
				respectively. This designation is for reference purposes only and shall not be
				determinative of the degree of hazard associated with them. Within each group, the
				various uses shall be specifically identified or described and subdivided by the use
				of lower case letters.
(b) Premises that
				are incidental or auxiliary to the agricultural use of a farm property shall not be
				classified as life hazard uses.
(c) Each
				individual life hazard use shall be registered separately and treated as separate
				and distinct for the administrative purposes of this Code whether or not there are
				other life hazard uses at the same premises.
(d) Wherever used in
				5:70-2.4A, 2.4B, 2.4C and 2.4D, the
				following words shall have the meanings indicated:
"Day care center" shall include any facility licensed by the
				  Department of Children and Families as a day care center, regardless of the ages of
				  the persons in the care of the center.
"Day nursery" shall include any facility licensed by the
				  Department of Children and Families as a day nursery.
"Hardware store" shall mean a building or location of less than
				  12,000 square feet offering for sale a variety of merchandise including, but not
				  restricted to, limited amounts of tools and associated equipment, garden supplies
				  and paints, and also offering limited quantities of building materials including,
				  but not limited to, plumbing, electrical and carpentry supplies. The establishment
				  may also provide services such as glazing, sharpening and repairs.
"K-12 educational building" shall mean an educational building
				  serving 50 or more students from kindergarten through grade 12 and also means and
				  includes any educational building serving 50 or more students in some, but not all,
				  of the grades from kindergarten to grade 12, inclusive.
"Motor vehicle" shall include all motor-powered means of
				  transportation, including, without limitation, boats and airplanes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.4A - Type Aa through Aj life hazard uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Type Aa life hazard
				uses are as follows:
1. Day nurseries with a
				maximum permitted occupancy of six or more but fewer than 50 persons;
2. Day care centers with a maximum permitted
				occupancy of six or more but fewer than 50 persons;
3. Camps accommodating six or more, but fewer than
				50, children of school age; and
4.
				Public and private Use Group E buildings or parts thereof with a maximum permitted
				occupancy of six or more but no greater than 50 persons.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.4B - Ba through Bq life hazard uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Type Ba life hazard
				uses are as follows:
1. Welding or cutting
				operations on a regular basis not using flammable gases in buildings or structures
				under 10,000 square feet.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.4C - Type Ca through Ci life hazard uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Type Ca life hazard
				uses are as follows:
1. Theaters incorporating a
				legitimate, regular or thrust stage having any scenery or prop storage area behind a
				proscenium arch and having a maximum permitted occupancy of fewer than 100
				persons;
2. (Reserved)
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT › Section 5:70-2.4D - Type Da through Dc life hazard uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Type Da life hazard
				uses are as follows:
1. Covered mall buildings
				with a mall portion of 12,000 or more but less than 50,000 square feet.