N.J. Admin. Code § 19:6-1.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:6-1.3 - Enforcement

(a) As per the Interagency Agreement between the NJ DCA and the NJMC dated February 27, 1991 and last amended March 10, 2003, the NJMC shall act as the NJ DCA's agent within the HMD.

(b) The NJMC shall have the responsibility for reviewing and approving plans for all work within the HMD, pursuant to 13:17-1 et seq., subject to the requirements of this chapter, in addition to the responsibilities cited in 19:6-1.2. The NJMC shall reserve the right to perform any or all inspections conducted in accordance with 5:23-2.1 8.

(c) Each municipal construction official has the responsibility of enforcing the requirements of the NJ UCC and of this chapter in that portion of the District within the boundaries of his or her municipality, except for the specific circumstances noted in these rules.

(d) At least one NJMC inspector/plan examiner in each subcode shall hold a class I license in accordance with N.J.A.C. 5:23. At least one member of the NJMC staff shall also be licensed as a construction official, in accordance with 5:23-5.6.

(e) In the event that a municipal code enforcement official fails to implement any provision of this chapter or the NJ UCC in that portion of the District within his or her jurisdiction, and no immediate action is deemed necessary by the NJMC, then the NJMC, with prior written approval by the NJ DCA, shall act in the capacity of that official, as agent for the NJ DCA, in order to ensure compliance with this chapter and the NJ UCC.

(f) Except for (g) below, when the NJMC shall determine that a violation of this chapter or the NJ UCC exists, the NJMC shall notify the municipal construction official in writing of such violation and request the municipal construction official and the appropriate subcode official to take action necessary to bring about compliance with this chapter or the NJ UCC and to notify the NJMC of his or her actions.

(g) When the NJMC determines that work in progress is being done contrary to approved plans and there is not adequate time to follow the procedure outlined in (f) above, and/or the NJMC believes that any delay may exacerbate the extent and nature of the violation, then the NJMC may act immediately to prevent continuation of such violations, as a subcode official acting as the agent of the NJ DCA. This designation is temporary in nature and the NJMC will act in this capacity until the violation is resolved. The municipality, upon written notification by the NJMC, of the emergency situation and of its resolution, shall resume compliance authority.

N.J. Admin. Code § 19:6-1.3

Administrative change.
See: 33 New Jersey Register 3454(a).
Recodified from N.J.A.C. 19:6-1.4 and amended by R.2004 d.76, effective 2/17/2004.
See: 35 New Jersey Register 4458(a), 36 New Jersey Register 1033(a).
Substituted references to NJMC for OCE throughout. In (a), inserted "and last amended March 10, 2003" following "February 27, 1997". Former N.J.A.C. 19:6-1.3, NJMC responsibility, recodified to N.J.A.C. 19:6-1.2.