N.J. Admin. Code § 5:70-2.12A

Current through Register Vol. 56, No. 16, August 19, 2024

Section 5:70-2.12A - Dedicated penalties

(a) When an owner has been given notice of the existence of a violation and has not abated the violation, that owner shall, in addition to being liable to the penalty provided for by 5:70-2.12, be liable to a dedicated penalty assessed pursuant to this subsection.

1. Whenever any penalty is assessed pursuant to 5:70-2.12, then a dedicated penalty in like amount shall be assessed pursuant to this section.

2. The amount of any dedicated penalty assessed pursuant to this subsection shall be in accordance with the standards set forth in 5:70-2.12(b), except that a dedicated penalty of up to $ 50,000 for each violation may be assessed where there is a serious injury or loss of human life directly or indirectly resulting from any unabated violation.

3. Dedicated penalties assessed pursuant to the requirements of this subsection shall be assessed only once and shall not be assessed each day, as may be done in the case of penalties assessed pursuant to 5:70-2.12.

(b) All monies collected pursuant to this section shall be placed in a special municipal trust fund to be applied to the cost to the municipality of firefighter training and/or new firefighting equipment.

1. In the case where a fire district is the local enforcing agency, the funds shall be placed in the general treasury of the district subject to separate accounting and annual certification to the Department from the district chief financial officer.

2. In any case in which the enforcing agency is the Department, a county fire marshal, or an intermunicipal agency, all revenue from dedicated and compensatory penalties shall be paid into the fund maintained, in accordance with this section, by the municipality or fire district in which the building, structure or premises at which the violation occurred is located.

N.J. Admin. Code § 5:70-2.12A

Amended by R.1993 d.195, effective 5/3/1993.
See: 25 New Jersey Register 397(a), 25 New Jersey Register 1872(a).
Rule retitled "Dedicated and compensatory penalties"; added (a)1-3 and (c)1; penalty upper limited specified as $ 150,000.
Recodified from 5:18-2.17 and 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.2002 d.372, effective 11/18/2002.
See: 34 New Jersey Register 2636(a), 34 New Jersey Register 3958(a).