N.J. Admin. Code § 5:70-2.16

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:70-2.16 - Imminent hazards

(a) If, upon an inspection, the enforcing agency discovers a violation of the Act that constitutes an imminent hazard as defined in (b) below, the enforcing agency shall issue and cause to be served on the owner of the premises, or on the violator, a written order directing that the premises be vacated, closed, or removed forthwith or that the violation be corrected within a period not to exceed 24 hours. The order shall state the nature of the violation and the date and hour by which the premises shall be vacated, closed or removed or the violation shall be abated.

(b) The following violations, by their nature, constitute imminent hazards to the health, safety or welfare of the occupants or intended occupants of a building, structure or premises, of firefighters, or of the general public:

1. Unsafe structural conditions;

2. Locking or blocking of any means of egress;

3. Presence of explosives, explosive fumes or vapor in violation of this Code;

4. Presence of toxic fumes, gases or materials, or flammable or combustible liquids in violation of this Code; and

5. Inadequacy of any required fire protection system.

(c) Upon determination of the existence of an imminent hazard in accordance with this section, the fire official shall immediately notify the construction code official of his or her findings.

(d) The enforcing agency shall reinspect the premises within 48 hours of receiving written notice from the owner, violator or agent thereof stating that the violation has been terminated. If, upon reinspection, the enforcing agency determines that the violation has been terminated, it shall mark the violation "abated", and rescind the order requiring the vacation of the premises and occupancy may be resumed immediately. If the reinspection is not made by the local enforcing agency within 48 hours of the receipt of the notice, the owner, violator or agent may apply to the Division for a reinspection and shall provide a copy of such application to the local enforcing agency. The Division shall complete a reinspection and make a determination within three working days from the date of notification. If a local enforcing agency completes its reinspection prior to issuance of the Division's notice, it shall immediately notify the Division; an oral notification shall be followed promptly in writing.

N.J. Admin. Code § 5:70-2.16

Amended by R.1987 d.247, effective 6/15/1987.
See: 18 New Jersey Register 1225(a), 19 New Jersey Register 1078(a).
(c) deleted.
Amended by R.1993 d.195, effective 5/3/1993.
See: 25 New Jersey Register 397(a), 25 New Jersey Register 1872(a).
Subsection (c) and (d) added.
Amended by R.1993 d.628, effective 12/6/1993.
See: 25 New Jersey Register 4363(a), 25 New Jersey Register 5466(a).
Recodified from 5:18-2.14 and amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).
Prior text at 5:18-2.16, Time limits for abatement of violations, repealed.