N.J. Admin. Code § 5:71-2.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:71-2.10 - Departmental monitoring

(a) The Division of Fire Safety shall institute a regular program of monitoring local enforcing agencies to ensure that the Code is being properly enforced. This monitoring program shall provide for a regular schedule of random field visits, as well as monitoring visits in response to complaints.

(b) When making a monitoring visit, the Division shall determine:

1. Whether the fire official and any inspectors are certified in accordance with the requirements of these regulations;

2. Whether all fees are being received and properly accounted for and whether required collection procedures are being implemented in the case of delinquent fees;

3. Whether all required periodic inspections of life hazard uses are being carried out when required by law;

4. Whether all inspections required in conjunction with required permits are being carried out;

5. Whether records are being maintained for all inspections;

6. Whether enforcement action as required by the Code is being taken when violations are found or when the owner fails to correct them;

7. Whether the local enforcing agency has an effective program to discover unregistered life hazard uses or activities which require a permit which do not have them;

8. Whether the local enforcing agency has an adequate number of inspectors and other staff for its workload;

9. Whether the local enforcing agency is in violation of any requirement of these regulations.

(c) If the Division determines that a local enforcing agency has failed to enforce the Code properly, then the Division shall notify the local enforcing agency of this determination and direct corrective action as needed.

(d) The local enforcing agency shall have 15 days in which to contest the Division's findings by filing exceptions in writing with the Division. The Division shall consider any such exceptions and issue a final finding.

(e) Where the local enforcing agency shall fail to take corrective action, where the failure to enforce the Code is pervasive and substantial, or if the agency is improperly constituted then the Division shall notify the local enforcing agency of its determination or final finding and shall thereafter assume responsibility for all inspection and enforcement with respect to life hazard uses within the jurisdiction of the local enforcing agency. All fees and penalties associated with the enforcement in life hazard uses shall from that date forward be paid to the Division.

(f) Where the Division has assumed responsibility the local agency may petition the Commissioner to return jurisdiction. The petition shall set forth the corrective action the local enforcing agency has taken, or will take, to ensure proper enforcement of the Code. The Commissioner may return jurisdiction if he or she finds that the Code will be properly and fully enforced.

N.J. Admin. Code § 5:71-2.10

Amended by R.1993 d.628, effective 12/6/1993.
See: 25 New Jersey Register 4363(a), 25 New Jersey Register 5466(a).
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).