ASSEMBLY HOUSING COMMITTEE

STATEMENT TO

ASSEMBLY, No. 265

with committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Assembly Housing Committee reports favorably Assembly Bill No. 265, with committee amendments.

      This bill, as amended, requires municipalities which enforce the State Uniform Construction Code to waive construction permit and site plan review fees for disabled persons seeking to make alterations or improvements intended to promote accessibility to their own living units. "Disabled" is defined in the bill to mean a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and includes, but is not limited to, any resident of this State who is disabled pursuant to the federal Social Security Act (42 U.S.C.§416), or the federal Railroad Retirement Act of 1974 (45 U.S.C.§231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act.

      In many cases the labor and materials for renovations, such as ramps or modified entryways, are donated; however, municipalities may still require costly building permits to undertake such renovations. These costs may undermine the ability of the disabled to proceed with the needed modifications.

      The committee amended the bill to clarify that the fee waiver is limited to construction which promotes accessibility to a living unit of a disabled person.

      This bill was pre-filed for introduction in the 1996-1997 legislative session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.