N.J. Admin. Code § 5:70-2.12

Current through Register Vol. 54, No. 26, January 17, 2023
Section 5:70-2.12 - Penalties
(a) The Commissioner or a local enforcing agency may assess, levy and collect penalties to ensure compliance with the Code. No penalty shall be imposed except upon issuance of a written order requiring abatement and the allowance of a reasonable specified period in which to comply, unless clear notice of the violation otherwise exists.
(b) The maximum penalty for any act or omission in violation of the Act or Code that is not enumerated in this subsection shall be $ 5,000 per violation per day. Except as specified below, a violation of N.J.A.C. 5:70-3 or 4 shall subject a violator to a maximum penalty of $ 500.00 per violation per day. Specific violations shall subject violators to penalties as follows:
1. Imminent hazard--punitive closure:
i. Failure to obey an imminent hazard order--a maximum of $ 5,000 per day for each day that the failure continues.
ii. Failure to obey an order to close for fixed period of time issued pursuant to 5:70-2.17 --a maximum of $ 5,000 per day for each day that the failure continues.
2. Egress:
i. Blocking, locking, or obstructing required exits in a place of public assembly or education--a maximum of $ 5,000 per occurrence;
ii. Blocking, locking, or obstructing required exits in any other place--a maximum of $ 2,500 per occurrence.
3. Occupancy:
i. Exceeding the maximum permitted occupancy in a place of public assembly or education;
(1) For the first offense--a maximum of $ 2,500;
(2) For a subsequent offense--a maximum of $ 5,000;
ii. Exceeding the maximum permitted occupancy in any other place;
(1) For the first offense--a maximum of $ 500.00;
(2) For a subsequent offense--a maximum of $ 2,500.
4. Fire protection equipment:
i. Failure to install a required suppression or detection device after having been given written notice of the requirement to do so:
(1) In a place of public assembly or education--a maximum of $ 2,500 per violation per day;
(2) In any other place--a maximum of $ 1,000 per violation per day.
ii. Disabling or decreasing the effectiveness of any fire suppression or alarm device or system.
(1) In a place of public assembly or education--a maximum of $ 5,000 per occurrence;
(2) In any other place--a maximum of $ 1,000 per occurrence.
5. Failure to comply with a lawful action:
i. A negligent or inadvertent failure to comply with a lawful order, ruling, notice or other action of the Commissioner or a local enforcing agency--a maximum of $ 2,000 per occurrence.
ii. A refusal or deliberate failure to comply with a lawful order, ruling, notice or other action of the Commissioner or a local enforcing agency--a maximum of $ 5,000 per occurrence.
6. Obstruction:
i. Anyone who obstructs, hinders, delays or interferes by force or otherwise with the Commissioner or any member of a local enforcing agency in the exercise of any power or the discharge of any function or duty under the provisions of this Code--a maximum of $ 2,500 per occurrence.
7. Permits:
i. Failure to obtain a required permit prior to commencing the operation, process or activity for which a permit was required--a maximum of double the amount of the applicable permit fee.
ii. Failure to obtain a required permit after being ordered to do so while continuing the operation, process or activity--a maximum of $ 5,000 per day during which the operation, process, or activity continues.
8. Registration:
i. Failure to file a registration application after having been ordered to do so--an amount equal to double the applicable registration fee, but not less than $ 200.00 or more than $ 1,000 for each registration.
ii. Failure to pay the required annual registration fee when due--an amount equal to the unpaid fee. Payment of the fee after imposition of the penalty shall not absolve the owner from responsibility for the penalty nor shall payment of the penalty be deemed to absolve the owner from the obligation to pay the fee.
iii. Failure to obtain a Certificate of Carnival Registration--an amount equal to double the applicable registration fee.
9. False statements:
i. Preparing, uttering or rendering any false statement, pertaining to reports, documents, plans or specifications permitted or required under the provisions of this code--a maximum of $ 5,000.
ii. Submission of a materially false application for a permit or registration--a maximum of $ 1,000 per occurrence.
10. Special hazards:
i. For any violation of N.J.A.C. 5:70-3 or 4 of this Code which is not specifically enumerated above but which, under the circumstances, presents a specific hazard to life--a maximum of $ 5,000 per violation per day. The violation notice must set forth the basis for determining the basis for a special hazard.
(c) Each day during which the violation remains unabated after the date or time specified in the order or notice for its correction or termination shall constitute an additional and separate violation.
(d) The filing of a timely appeal shall stay the action until a decision is made by the construction board of appeals or the Commissioner, as the case may be.
(e) A violation that is recurring justifies imposition of an immediate penalty without the necessity for an interval in which correction can be made. A violation shall be deemed to be a recurring violation if a notice has been served within two years from the date that a previous notice was served and the violation, premises and responsible party are substantially the same.
(f) If a penalty order has not been satisfied by the 30th day after its issuance, the Commissioner or local enforcing agency may institute a civil penalty action by a summary proceeding under the Penalty Enforcement Law of 1999 (N.J.S.A. 2A:58- 10 et seq.) in the Superior Court or municipal court.
1. A person who fails to pay immediately a money judgment rendered against him may be sentenced to imprisonment by the court for a period not exceeding six months, unless the judgment is sooner paid.
2. All moneys that are recovered as a result of the assessment of penalties shall be paid into the designated trust account and shall be appropriated to support the local enforcing agency's operation.
(g) The Commissioner or fire official may offer to reduce any penalty provided that such reduction is in the best interest of fire safety and will assure compliance. No penalty reduction can be made final while the violation that led to its assessment remains in existence.

N.J. Admin. Code § 5:70-2.12

Amended by R.1985 d.611, effective 12/2/1985.
See: 17 New Jersey Register 1015(b), 17 New Jersey Register 2870(a).
(b)1 added.
Amended by R.1993 d.195, effective 5/3/1993.
See: 25 New Jersey Register 397(a), 25 New Jersey Register 1872(a).
Added new subsection (f); recodified old (f) to (g) and added (g)2.
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).
Amended by R.1997 d.247, effective 6/16/1997.
See: 29 New Jersey Register 967(a), 29 New Jersey Register 2653(b).
Added (b)8iii.
Administrative correction.
See: 35 New Jersey Register 219(d).