N.J. Admin. Code § 5:23-2.35

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

Section 5:23-2.35 - Enforcement actions after issuance of certificate(s) of occupancy

(a) Subsequent to the issuance of a certificate of occupancy, the construction official shall issue a notice of violation for any violation of the provisions of the Code in effect at the time of permit application that comes to his or her attention. Pursuant to N.J.S.A. 2A:14-1.1, no notice of violation may be issued to the developer or to any contractor more than 10 years after issuance of the certificate of occupancy.

1. If violations of any of the following provisions of the Code in effect at the time of permit application are found in a residential structure in a development, other than Group R-1, subsequent to the issuance of a certificate of occupancy, the construction official shall issue such notices and orders as may be necessary to ensure that all units within the development that might have similar violations are inspected for such violations and that any such violations found are cited and abated:

i. N.J.A.C. 5:23-2.32, Unsafe structures;

ii. The following provisions of the building subcode:

(1) Chapter 4, Special Detailed Requirements Based on Use and Occupancy, except for Sections 401, 402.3, 409, and 412;

(2) Chapter 7, Fire and Smoke Protection Features;

(3) Section 803, Wall and Ceiling Finishes;

(4) Chapter 9, Fire Protection and Life Safety Systems; and

(5) Chapter 10, Means of Egress, except for Sections 1011.5.4, 1011.5.5, 1011.11, 1011.12, 1030.14, 1030.16, and 1030.17;

iii. The following provisions of the one- and two-family dwelling subcode:

(1) Section R302.1, Exterior walls (Fire-Resistant Construction);

(2) Section R302.2, Townhouses (Fire-Resistant Construction);

(3) Section R302.3, Two-family dwellings (Fire-Resistant Construction); and

(4) Section R314, Smoke Alarms.

iv. The following provisions of the electrical subcode:

(1) Section 240.3, Other Articles;

(2) Section 240.4, Protection of Conductors;

(3) Section 250.4, General Requirements for Grounding and Bonding;

v. Chapter 11, Accessibility, of the building subcode; and

vi. Any structural deficiency, which is present or likely to occur that has the potential for injury or significant damage to the livability of a home. This shall include any structural member that exceeds the permitted deflection established at N.J.A.C. 5:23-6.5(c)1 i through iii.

2. The municipality may retain the services of a professional engineer or registered architect, to be paid at an hourly rate and to work subject to the supervision and control of the construction official, for inspections, review of plans and supporting documents and preparation of reports and documents, in connection with enforcement of (a)1 above provided that the professional retained is independent of both the builder and the homeowner and has no actual or apparent conflict of interest that would call into question his or her ability to carry out these duties impartially. Any person carrying out inspections under such a contract shall be, at a minimum, a licensed engineer or a registered architect or shall have a bachelor's degree from an accredited institution of higher education in engineering or in architecture, or in engineering or architectural technology and shall have not less than five years of experience in the design, construction or rehabilitation of woodframe structures.

N.J. Admin. Code § 5:23-2.35

Amended by 50 N.J.R. 303(a), effective 1/16/2018

Amended by 53 N.J.R. 245(a), effective 2/16/2021

Amended by 55 N.J.R. 349(a), effective 3/6/2023

Administrative Change, 55 N.J.R. 2322(a), effective 10/17/2023