N.J. Admin. Code § 5:23-4.6

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

Section 5:23-4.6 - Shared service agencies-establishment

(a) Parties: Any two or more municipalities may, by resolution, join to administer and enforce this chapter and any adopted subcode. Any municipalities that are party to an agreement establishing one enforcing agency having jurisdiction for all subcodes may further provide for the establishment of a joint board of appeals.

(b) Agreement: Except as this section may add or substitute requirements, the procedures for the execution of any agreement pursuant to this section shall be governed by the Uniform Shared Services and Consolidation Act (N.J.S.A. 40A:65-1 et seq.).

1. Upon the adoption of a resolution pursuant to the Uniform Shared Services and Consolidation Act, a copy of such resolution, the contract, and any other pertinent information shall be forwarded to the department;

2. The term of any contract entered into pursuant to this section shall be four years.

3. The contract shall stipulate that the term of office of any construction or subcode official shall, except for good cause, be four years.

4. Such contract shall provide a mechanism for administration and enforcement within each of the contracting municipalities by one or more of the contracting municipalities, on an interim or emergency basis, should such agreement be invalidated by a court of competent jurisdiction or prove otherwise unenforceable.

5. The contract shall additionally stipulate the information contained in N.J.A.C. 5:23-4.7(b) and 4.8(a).

(c) Any two or more municipalities may enter into a supplemental shared services agreement to conduct on-site inspections for the purpose of meeting all required inspection timeframes, in accordance with N.J.A.C. 5:23-2.17A or 2.18, on a project-specific basis.

N.J. Admin. Code § 5:23-4.6

Amended by R.2011 d.269, effective 11/7/2011.
See: 43 N.J.R. 904(a), 43 N.J.R. 3008(a).
Rewrote (a), the introductory paragraph of (b), and (b)1.

Amended by 56 N.J.R. 469(a) effective 4/1/2024