N.J. Admin. Code § 5:10-1.12

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

Section 5:10-1.12 - Certificate of inspection

(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.

(b) Said application shall state:

1. The name of the owner;

2. Such description of the hotel, retreat lodging facility or multiple dwelling, by street number or otherwise, as will enable the Bureau easily to locate the same.

3. For hotels and motels, the application shall include a certification on a form supplied by the Bureau that all employees required to be trained to recognize and to report suspected human trafficking, pursuant to N.J.A.C. 5:10-29, have viewed the informational video required pursuant to that subchapter.

(c) Said application shall be accompanied by a fee as required by (h) below, except that no fee shall be required for a retreat lodging facility.

(d) The following relates to Uniform Fire Code inspections:

1. No certificate of inspection shall be issued for any hotel, retreat lodging facility or multiple dwelling subject to inspection, pursuant to the Uniform Fire Safety Act, by a local enforcing agency or by the Division of Fire Safety, either as a life hazard use or pursuant to a notice given by the local enforcing agency to the Division of Fire Safety, unless and until the Bureau shall have received from the local enforcing agency or from the Division of Fire Safety a certification that the building does not have any outstanding violations of the Uniform Fire Code, N.J.A.C. 5:70, or the Bureau's representative has, while at the premises, examined a current certificate of inspection issued pursuant to the Uniform Fire Safety Act.

2. The owner of a building subject to the Act, that is deemed a life hazard use pursuant to 5:70-2.4 through 2.4D, shall have a copy of the current certificate of inspection issued pursuant to the Uniform Fire Safety Act posted in a conspicuous location on the premises at all times.

3. No certificate of inspection shall be issued pursuant to 55:13A-13 for any building that is deemed a life hazard use pursuant to 5:70-2.4 through 2.4D, unless the owner of the building has a current certificate of inspection issued pursuant to the Uniform Fire Safety Act on the premises.

(e) A certificate of occupancy issued by the local construction official for a newly-constructed building, pursuant to N.J.A.C. 5:23, shall be equivalent to a certificate of inspection. A certificate of inspection, and the fees therefor, shall not be required until five years after the date of issuance of the certificate of occupancy.

(f) An owner shall have the option, in accordance with the provisions of this subsection, of paying an annual fee in lieu of the inspection fee otherwise payable as a condition of the issuance of a certificate of inspection for the hotel or multiple dwelling.

1. The annual fee shall be in the amount of 20 percent of the current inspection fee chargeable for the hotel or multiple dwelling.

2. The annual fee shall be payable every year for five years on the anniversary date of the last previous inspection; provided, however, that the first annual fee paid for a hotel or multiple dwelling shall be in an amount equal to 20 percent of the current inspection fee times the number of years that shall have elapsed since the last previous inspection, but not more than five years. If, at the time of an inspection, there have been paid fewer than five annual fees, or the equivalent paid in a first annual fee, the balance shall be paid at the rate of 20 percent of the current inspection fee for each unpaid annual fee.

3. The total amount of the annual fees required to be paid for a hotel or multiple dwelling shall in no case exceed the amount of the inspection fee that would be required if the annual fee option had not been chosen. In the event that the amount of the inspection fee chargeable for the hotel or multiple dwelling is increased by rule during the period between inspections, the increase shall not be retroactive to annual fees already paid.

4. This subsection shall not apply to multiple dwellings inspected on a two-year cyclical basis.

(h) Inspection fees shall be as follows:

1. For each hotel, there shall be a fee as follows: $ 31.00 per unit for the first 20 units in any building or project, $ 25.00 per unit for the 21st through 100th unit in any building or project, $ 16.00 per unit for the 101st through 250th unit in any building or project, and $ 11.00 per unit for all units over 250 in any building or project. Additionally, there shall be a reinspection fee for hotels in the amount of $ 21.00 for each dwelling unit reinspected.

2. For each multiple dwelling, there shall be a fee as follows: $ 67.00 per unit for the first seven units in any building or project, $ 41.00 per unit for the eighth through 24th unit in any building or project, $ 35.00 per unit for the 25th through 48th unit in any building or project, and $ 25.00 per unit for all units over 48 in any building or project; provided that the maximum total fee for inspection of three- and four-unit multiple dwellings owned and occupied by persons having a household income that is less than 80 percent of the median income for households of similar size in the county shall be limited to $ 129.00 for a three-unit multiple dwelling and $ 158.00 for a four-unit multiple dwelling. Additionally, there shall be a reinspection fee for multiple dwellings in the amount of $ 79.00 for each unit reinspected, but only after the first reinspection.

3. The fee for the issuance of a certificate of acceptance for self-inspection by a condominium association of a building that is not more than three stories, was constructed after 1976, is certified as being in compliance with the Uniform Fire Code and in which at least 80 percent of the units are owner-occupied shall be $ 49.00.

4. In addition to the fee determined pursuant to (h)2 or 3 above, there shall be an additional inspection fee for multiple dwellings in the amount of $ 20.00 per unit; provided, however, that this additional fee shall not be charged for units registered with the Bureau as being in any of the following categories:

i. Constructed after 1977;

ii. Certified by a certified inspector as being either free of lead-based paint or having a lead-free interior;

iii. Seasonal rental units rented for less than six months' duration during each year;

iv. Occupied by the owner of the dwelling unit as his or her residence; or

v. Housing for the elderly, or a residential property designated exclusively for persons with disabilities; except this exemption shall not apply if a child less than age six resides or is expected to reside in the dwelling unit.

5. In the case of a condominium or horizontal property regime, the additional inspection fee assessed pursuant to (h)4 above shall be paid by the owner of the unit; provided, however, that the association or council of co-owners, as the case may be, shall be deemed to be the agent of the owner for purposes of receiving notices and orders issued by the Bureau, shall have the duty to deliver any such notice or order to the unit owner and shall promptly notify the Bureau of the name and address of any unit owner who is liable for the additional inspection fee. If the association or council of co-owners fails or refuses to provide the name and address of the owner of a unit, it shall be presumed to be the owner of the unit and shall be liable for the additional inspection fee.

N.J. Admin. Code § 5:10-1.12

Amended by 46 N.J.R. 2023(a), effective 10/6/2014.

Amended by 50 N.J.R. 297(a), effective 1/16/2018

Amended by 55 N.J.R. 1687(a), effective 8/7/2023