N.J. Admin. Code § 5:10-1.17

Current through Register Vol. 56, No. 12, June 17, 2024

Section 5:10-1.17 - Violation penalties

(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.

(c) Absent any mitigating or aggravating circumstances, the initial penalty for each violation area shall be as follows:

1. In a dwelling unit for which a life hazard violation is cited: $ 325.00;

2. In an interior common area or building exterior for which a life hazard violation is cited: $ 500.00; and

3. In any area for which none of the violations cited is a life hazard violation: $ 175.00.

(d) Absent any mitigating or aggravating circumstances, the first continuing violation penalty shall be as follows:

1. For each violation area in which a life hazard violation is cited: $ 1,500; and

2. For each violation area in which no life hazard violation is cited: $ 1,000.

(e) Absent any mitigating or aggravating circumstances, the second continuing violation penalty shall be as follows:

1. For each violation area in which a life hazard violation is cited: $ 2,500; and

2. For each violation area in which no life hazard violation is cited: $ 1,000.

(f) Absent any mitigating circumstances, the third, and any subsequent, continuing violation penalty shall be in the amount of $ 5,000 per violation.

(g) The owner of any building subject to an unsafe building notice and order issued pursuant to 5:10-1.13 who shall fail to comply with such notice and order after issuance of the first continuing violation penalty shall be subject to a continuing violation penalty of $ 5,000 per day per violation until all life hazard violations are abated.

N.J. Admin. Code § 5:10-1.17

Amended by R.1982 d.334, effective 9/20/1982.
See: 14 N.J.R. 909(b), 14 N.J.R. 1089(c).
Originally filed as an emergency adoption (R.1982 d.259) on July 22, 1982. Readopted as R.1982 d.334.
Repealed by R.1988 d.572, effective 12/19/1988 (operative June 16, 1989).
See: 20 N.J.R. 2126(a), 20 N.J.R. 3122(a).
Section concerned Inspection fees.
New Rule, R.2007 d.185, effective 6/4/2007.
See: 39 N.J.R. 721(a), 39 N.J.R. 2229(a).
Section was "Reserved".