New Jersey § 52:27d-124

§ 52:27d-124.

The commissioner shall have all the powers necessary or convenient to effectuate the

purposes of P.L.1975, c. 217 ( C.52:27D-119 et seq. ) , including, but not limited to, the following powers in addition to all others granted

by P.L.1975, c. 217 ( C.52:27D-119 et seq. ) : a. To adopt, amend and repeal, after consultation with the code advisory board, rules:

(1) relating to the administration and enforcement of P.L.1975, c. 217 ( C.52:27D-119 et seq. ) and (2) the qualifications or licensing, or both, of all persons employed by enforcing

agencies of the State to enforce P.L.1975, c. 217 ( C.52:27D-119 et seq. ) or the code, except that, plumbing inspectors shall be subject to the rules adopted

by the commissioner only insofar as such rules are compatible with such rules and

regulations, regarding health and plumbing for public and private buildings, as may

be promulgated by the Public Health Council in accordance with Title 26 of the Revised

Statutes. b. To enter into agreements with federal and State of New Jersey agencies, after consultation

with the code advisory board, to provide insofar as practicable (1) single-agency

review of construction plans and inspection of construction and (2) intergovernmental

acceptance of such review and inspection to avoid unnecessary duplication of effort

and fees. The commissioner shall have the power to enter into such agreements although the

federal standards are not identical with State standards; provided that the same

basic objectives are met. The commissioner shall have the power through such agreements to bind the State

of New Jersey and all governmental entities deriving authority therefrom. c. To take testimony and hold hearings relating to any aspect of or matter relating

to the administration or enforcement of P.L.1975, c. 217 ( C.52:27D-119 et seq. ) , including but not limited to prospective interpretation of the code so as to resolve

inconsistent or conflicting code interpretations, and, in connection therewith, issue subpoenas to compel the attendance of witnesses and the production of evidence. The commissioner may designate one or more hearing examiners to hold public hearings

and report on such hearings to the commissioner. d. To encourage, support or conduct, after consultation with the code advisory board,

educational and training programs for employees, agents and inspectors of enforcing

agencies, either through the Department of Community Affairs or in cooperation with

other departments of State government, enforcing agencies, educational institutions,

or associations of code officials. e. To study the effect of P.L.1975, c. 217 ( C.52:27D-119 et seq. ) and the code to ascertain their effect upon the cost of building construction and

maintenance, and the effectiveness of their provisions for insuring the health, safety,

and welfare of the people of the State of New Jersey. f. To make, establish and amend, after consultation with the code advisory board,

such rules as may be necessary, desirable or proper to carry out his powers and duties

under P.L.1975, c. 217 ( C.52:27D-119 et seq. ) . g. To adopt, amend, and repeal rules and regulations providing for the charging of

and setting the amount of fees for the following code enforcement services, licenses

or approvals performed or issued by the department, pursuant to the “State Uniform

Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ): (1) Plan review, construction permits, certificates of occupancy, demolition permits,

moving of building permits, elevator permits and sign permits; and (2) Review of applications for and the issuance of licenses certifying an individual's

qualifications to act as a construction code official, subcode official or assistant

under P.L.1975, c. 217 ( C.52:27D-119 et seq. ) . (3) (Deleted by amendment, P.L.1983, c. 338) h. To adopt, amend and repeal rules and regulations providing for the charging of

and setting the amount of construction permit surcharge fees to be collected by the

enforcing agency and remitted to the department to support those activities which

may be undertaken with moneys credited to the Uniform Construction Code Revolving

Fund. i. To adopt, amend and repeal rules and regulations providing for: (1) Setting the amount of and the charging of fees to be paid to the department by

a private agency for the review of applications for and the issuance of approvals

authorizing a private agency to act as an on-site inspection and plan review agency , a private on-site inspection agency, including a supplemental private on-site inspection

agency, or an in-plant inspection agency; (2) (Deleted by amendment, P.L.2005, c. 212 ) (3) (Deleted by amendment, P.L.2005, c. 212 ) j. To enforce and administer the provisions of the “State Uniform Construction Code

Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ) and the code promulgated thereunder, and to prosecute or cause to be prosecuted

violators of the provisions of that act or the code promulgated thereunder in administrative

hearings and in civil proceedings in State and local courts. k. To monitor the compliance of local enforcing agencies with the provisions of the

“State Uniform Construction Code Act,” P.L.1975, c. 217 ( C.52:27D-119 et seq. ), to order corrective action , or issue penalties, as may be necessary where a local enforcing agency is found to be failing to carry

out its responsibilities under that act, to supplant or replace the local enforcing

agency for a specific project, and to order it dissolved and replaced by the department

where the local enforcing agency repeatedly or habitually fails to enforce the provisions

of the “State Uniform Construction Code Act.” This shall include the power to compel an enforcing agency to, within 15 business

days, notify the department of any instance where the enforcing agency is unable to

meet a deadline or other obligation imposed by law or regulation, and the power to

order corrective action or issue penalties as may be necessary where an enforcing

agency is unable to meet its obligations under P.L.1975, c. 217 ( C.52:27D-119 et seq. ). l . To adopt, amend, and repeal rules and regulations implementing the provisions of P.L.1999, c. 15, P.L.2003, c. 44, and section 1 of P.L.2015, c. 146 ( C.52:27D-123f ) concerning the installation and maintenance of carbon monoxide sensors.