N.J. Admin. Code § 5:71-2.9

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

Section 5:71-2.9 - Conflict of interest

(a) No person employed by an enforcing agency as a fire official or fire inspector shall carry out any inspection or enforcement procedure with respect to any property or business in which he or she or a member of his or her immediate family has an economic interest.

1. Where an inspection or enforcement procedure is necessary or required in any such property or business, then the fire official shall arrange for the inspection or enforcement to be carried out by the county enforcing agency, the local enforcing agency of an adjoining jurisdiction or the Division of Fire Safety.

(b) No person employed by an enforcing agency as a fire official or fire inspector shall engage in, or otherwise be connected directly or indirectly for purposes of economic gain with, any business or employment furnishing labor, materials, products, or services related in any way to fire safety within any municipality in which he or she is employed by an enforcing agency.

(c) Persons subject to this section shall annually report any income or benefits received from any property or business subject to the Code, or from any business furnishing materials, products, labor or services for types of work subject to the Code, to the municipal governing body. This report shall include a list of all sources of income, but need not list the amount.

(d) No person employed by a municipal enforcing agency as a fire official or fire inspector shall be employed to appear before any construction board of appeals, or be involved in any court proceeding within the State, as a paid expert witness, or in any other compensated capacity, in any proceeding involving the enforcement of the Uniform Fire Code except on behalf of another enforcing agency, or as a court-appointed witness.

1. This prohibition shall not apply to any litigation not involving enforcement of the Code, or to appearance as a fact witness; nor shall it apply to any activities unrelated to an action for, or an appeal of, enforcement of the Code.

(e) This section shall not apply to:

1. The ownership of stock or other investment instrument of any corporation listed on any national stock exchange;

2. Any business or employment outside the State;

3. Dual employment by two or more enforcing agencies;

4. Any business or employment that is not subject to the Code; or

5. Service as an instructor in a code enforcement training program.

(f) Nothing herein shall prohibit a county or a municipality from establishing, by ordinance or resolution, more restrictive provisions regarding conflict of interest.

N.J. Admin. Code § 5:71-2.9

Amended by R.1992 d.243, effective 7/6/1992.
See: 24 New Jersey Register 678(a), 24 New Jersey Register 2422(a).
Conflict of interest provisions added at (b), (c) and (d); exception added at (e); redesignated existing (e) as (f).
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).

Amended by 56 N.J.R. 553(b) effective 4/15/2024