ASSEMBLY, No. 1080

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman CORODEMUS

 

 

An Act concerning hotel and multiple dwelling inspections, amending P.L.1987, c.30 and supplementing P.L.1967, c.76 (C.55:13A-1 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 3 of P.L.1987, c.30 (C.55:13A-13a) is amended to read as follows:

    3. a. Any inspection required under P.L.1967, c.76 (C.55:13A-1 et seq.) shall be conducted by the commissioner except as provided in subsection b. of this section or where a municipality has a cooperative arrangement, with the bureau to perform these inspections in which case the inspection shall be conducted by the municipality; provided, however, that nothing in this section shall preclude the bureau from conducting inspections in any municipality for the purpose of monitoring or auditing the performance of local agencies, as provided hereinafter, or inspectors, or for the purpose of dealing with imminent hazards.

    b. (1) Local agency inspection and enforcement: In any municipality which maintains a permanent local agency for the purpose of conducting inspections and enforcing laws, ordinances and regulations concerning buildings and structures within the municipality, and such agency is supervised by, and has all hotel and multiple dwelling inspections performed by persons licensed by, the commissioner under this act, the municipal governing body may by ordinance designate that agency to conduct the inspections and enforce the regulations prescribed by or pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.). Where an ordinance is in effect all inspections required pursuant to P.L.1967, c.76 within the territorial limits of the municipality shall be conducted by the agency so designated, subject to the supervision and control of the commissioner; and all applications otherwise directed by law to be filed with the commissioner, and all fees and penalties otherwise to be imposed or collected by the commissioner, shall in such a municipality be filed with, or imposed or collected by, the local agency designated by ordinance pursuant to this [subsection] paragraph; provided, that in no case shall the local agency collect or impose a penalty in excess of the minimum amount which the commissioner is authorized by law to collect or impose for the same violation, or to assess a continuing penalty, without the written prior approval of the bureau.

    (2) Private agency inspection and enforcement: The governing body of any municipality may contract with a qualified private agency to conduct any of the inspections required under and enforce any of the regulations prescribed by or pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.). Any such contract shall be in accordance with the provisions of section 2 of P.L. , c. (C. )(now pending before the Legislature as this bill).

    The commissioner shall have the power to order corrective action as may be necessary where a local or private agency is found to be failing to carry out its responsibilities under this act and to suspend the authority of the local or private agency under this subsection where the local or private agency repeatedly or habitually fails to enforce the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.) and the regulations adopted pursuant thereto.

    c. Any person affected by the determinations made pursuant to any inspection conducted under P.L.1967, c.76 (C.55:13A-1 et seq.) may appeal those determinations to the Office of Administrative Law with the final decision to be issued by the commissioner; provided, however, that the cost of any such hearing to the department shall be borne by (1) the local agency in any case where the inspection fee is required to be paid to a local agency or in which the notice, order or decision being contested was issued by a local agency or (2) the private agency in any case where the notice, order or decision being contested was issued by, or was based upon the findings of, that private agency.

(cf: P.L.1987, c.30, s.3.)

 

    2. (New section) a. The governing body of any municipality, by ordinance, may contract with a qualified private agency to conduct the inspections required under and enforce the regulations prescribed by the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.).

    b. A private agency shall not be deemed eligible to contract under this section unless:

    (1) The officers, agents and inspectors employed by that agency are certified to perform hotel and multiple dwelling inspections by the commissioner;

    (2) The agency, after application and review, is approved by the commissioner and is registered with the department as a private agency qualified to perform the inspections required under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.); and

    (3) The agency, its officers, agents and inspectors meet such other standards or requirements as the commissioner shall deem appropriate to assure the effective inspection of hotels and multiple dwellings in accordance with the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.).

    c. Every inspection by a private agency shall be conducted in accordance with the maintenance standards established by the commissioner under P.L.1967, c.76 (C.55:13A-1 et seq.).

    (1) If, after inspection, a private agency determines that the hotel or multiple dwelling is in compliance with the maintenance standards established pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.), the agency shall so notify the commissioner, and the commissioner shall issue a certificate of inspection to the owner of that hotel or multiple dwelling.

    (2) If, after inspection, a private agency determines that the hotel or multiple dwelling is not in compliance with the maintenance standards established pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.), the agency shall so notify the commissioner, and a certificate of inspection shall not be issued by the commissioner. A hotel or multiple dwelling that is found not to be in compliance shall be subject to reinspection.

    d. The commissioner shall have the power to order corrective action as may be necessary where a private agency has failed to carry out its responsibilities under this section and to suspend or revoke the certification and registration of the agency.

    e. The commissioner, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to:

    (1) The certification requirements for private agencies and their officers and employees under this act; provided, however, that these requirements for private agencies shall not exceed or be more stringent than those required of State and local officials performing the same inspections;

    (2) The fees for the certifying and registering of private agencies; provided, however, that these fees shall not exceed the actual costs the department shall incur in administering the provisions of this act;

    (3) The manner of executing a contract between a municipality and a private agency;

    (4) The substance and form of a contract between a municipality and a private agency;

    (5) The procedures governing enforcement practices and the imposition of penalties for violations by private agencies; and

    (6) The reporting and recording requirements for private agencies.

 

    3. This act shall take effect on the first day of the fourth month following enactment, but the Commissioner of Community Affairs may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

 

 

STATEMENT

 

    This bill would permit municipalities to hire private contractors to serve as the enforcing agencies responsible for performing and enforcing the code inspections of hotels and multiple dwellings required under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).

    Currently, these inspections usually are conducted by the Bureau of Housing Inspection in the Division of Housing in the Department of Community Affairs. However, municipalities which have code officials who have been licensed by the State to inspect hotels and multiple dwellings may assume those inspection and enforcement responsibilities.

    By permitting the hiring of private contractors to perform and enforce hotel and multiple dwelling code inspections, this bill would give municipalities, which do not have the appropriate State licensed inspectors in their local code enforcing agencies, an alternative to a reliance on State inspections conducted by the Bureau of Housing Inspection. A reduction in the demand for State inspection services could result in cost savings.

    Under current law, municipalities may contract with qualified private entities to perform and enforce certain subcode inspections under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-199 et seq.).

 

 

 

Permits municipalities to hire private agencies to conduct inspections under the "Hotel and Multiple Dwelling Law."