New Jersey § 52:27d-126

§ 52:27d-126.

a. The appointing authority of any municipality shall appoint a construction official , any necessary subcode officials and technical assistants to assist such officials to administer and enforce the code. The appointing authority may, by resolution or order as appropriate, set the total

number of weekly hours of operation of the construction official's office and the

total number of weekly work hours of the construction official, commensurate with

the compensation paid to the construction official. The appointing authority shall not set the specific work hours of the construction

official. The appointing authority shall also appoint a construction board of appeals to hear

and decide appeals from decisions made by said construction official and subcode officials,

in the administration and enforcement of the code. Nothing herein, however, shall prevent a municipality from accepting inspections

as to compliance with the code or any subcode thereof made by an inspection authority

approved by the State of New Jersey pursuant to law. b. To establish tenure rights or any other right or protection provided by the “State

Uniform Construction Code Act” or Title 11A, Civil Service, of the New Jersey Statutes,

or any pension law or retirement system, the job title “construction official” shall

be equivalent to that job title which, prior to the adoption of the State Uniform

Construction Code as provided in section 5 of the “State Uniform Construction Code

Act,” 1 entailed the chief administrative responsibility to enforce all construction codes

which had been adopted by the municipal governing body, the enforcement of which was

not the responsibility of an authorized private inspection agency; and the job title

“subcode official” shall be equivalent to that job title which, prior to the adoption

of the State Uniform Construction Code, entailed subordinate administrative responsibility

to enforce one or more of the following construction codes: building, plumbing, electrical

or fire code. Any person, in a municipality operating under Title 11A, Civil Service, of the New

Jersey Statutes, who, prior to the adoption of the State Uniform Construction Code,

held the equivalent of the job title “construction” official or “subcode” official,

but who no longer holds his position as a result of a determination that his old job

title was not equivalent to that of “construction” official or “subcode” official,

shall be offered reappointment as a construction official or subcode official, as

the case may be, and shall be granted permanent classified status in such position. Tenure shall continue for (1) any construction official or subcode official who

is serving under tenure as otherwise provided by law on the effective date of this

act or within one year thereafter, or (2) any person certified pursuant to subsection

c. of this section and who subsequently gains such tenure. A construction official or subcode official appointed in a municipality operating

under the provisions of Title 11A, Civil Service, of the New Jersey Statutes, who,

at the time of adoption of the State Uniform Construction Code, January 1, 1977, or

prior to January 1, 1981, had permanent classified status or was employed as a construction

official or subcode official or in another position in the unclassified service, shall

be included in the classified service without civil service examination in his respective

title of construction official or subcode official. Any individual employed by a municipality, who, in his employment with the municipality

between January 1, 1977 and prior to January 1, 1981, was charged with the chief administrative

responsibility to enforce all existing municipal construction codes, shall be deemed

as appointed to the position of construction official for the purposes of this act. Any individual employed by a municipality, who, in his employment with the municipality

between January 1, 1977 and prior to January 1, 1981, was charged with chief responsibility

to enforce the municipal building, plumbing, fire, or electrical code, shall be deemed

as appointed to the position of subcode official for the purposes of this act. No person, on or after January 1, 1981, shall be appointed as construction or subcode

official in a municipality operating under Title 11A, Civil Service, of the New Jersey

Statutes without having passed an examination administered by the Civil Service Commission certifying the merit and fitness of the person to hold such position; provided that,

whenever a noncivil service municipality adopts the provisions of that Title, construction

code officials and subcode officials of such municipality appointed prior to the filing

of the petition for the adoption of civil service, shall attain permanent status in

the classified service without examination. Any construction or subcode official appointed after January 1, 1981 on a provisional

basis in a municipality which has adopted the provisions of Title 11A, Civil Service,

of the New Jersey Statutes, may not be removed from office except for just cause after

a fair and impartial hearing has been held at the local level, with no further appeal

to the Civil Service Commission ; provided, however, that such a construction or subcode official may be removed

to permit the appointment of a person certified for appointment by the Civil Service Commission . A construction official or subcode official in a noncivil service municipality shall

be appointed for a term of four years and shall, upon appointment to a second consecutive

term or on or after the commencement of a fifth consecutive year of service, including

years of service in an equivalent job title held prior to the adoption of the State

Uniform Construction Code, be granted tenure and shall not be removed from office

except for just cause after a fair and impartial hearing. A construction or subcode official, to be eligible for appointment in civil service

or noncivil service municipalities, shall be certified by the State of New Jersey

in accordance with subsection c. of this section and shall have had at least three

years' experience in construction, design or supervision as a licensed engineer or

registered architect; or five years' experience in construction, design, or supervision

as an architect or engineer with a bachelor's degree from an accredited institution

of higher education; or 10 years' experience in construction, design or supervision

as a journeyman in a trade or as a contractor. A subcode official shall, pursuant to any subcode which he administers, pass upon: (1) matters relative to the mode, manner of construction or materials to be used in

the erection or alteration of buildings or structures, except as to any such matter

foreclosed by State approval pursuant to this act, and (2) actual execution of the

approved plans and the installation of the materials approved by the State. The construction official in each municipality shall be the chief administrator

of the “enforcing agency.” He shall have the power to overrule a determination of a subcode official based on

an interpretation of a substantive provision of the subcode which such subcode official

administers, only if the construction official is qualified to act pursuant to this

act as a subcode official for such subcode. He may serve as subcode official for any subcode which he is qualified under this

act to administer. A subcode official or municipal engineer may serve as a construction official if

otherwise qualified under the provisions of this act. The municipal enforcing agency shall require compliance with the provisions of the

code, of all rules lawfully adopted and promulgated thereunder and of laws relating

to the construction, alteration, repair, removal, demolition and integral equipment

and location, occupancy and maintenance of buildings and structures, except as may

be otherwise provided for. Two or more municipalities may provide by ordinance, subject to regulations established

by the commissioner, for the joint appointment of a construction official and subcode

official for the purpose of enforcing the provisions of the code in the same manner. c. No person shall act as a construction official or subcode official for any municipality

unless the commissioner determines that said person is so qualified, except for the

following: (1) a municipal construction official or subcode official holding office under permanent

civil service status, or tenure as otherwise provided by law on the effective date

of this act or within one year thereafter and (2) a municipal construction official

or subcode official holding office without such permanent civil service status or

tenure on the effective date of this act or within one year thereafter; provided

said construction official or subcode official not having such permanent civil service

status or tenure shall be certified in accordance with this act within four years

of the effective date thereof; provided further that a person holding on the effective

date of this act a valid plumbing inspector's license from the Department of Health

and Senior Services pursuant to Title 26 of the Revised Statutes may serve as a plumbing

subcode official and a person holding on the effective date of this act a valid electrical

inspector's license from the Board of Public Utilities pursuant to Title 48 of the

Revised Statutes may serve as an electrical subcode official. The commissioner, after consultation with the code advisory board, may authorize

the preparation and conducting of oral, written and practical examinations to determine

if a person is qualified by this act to be eligible to be a construction official

or subcode official or, in the alternative, may accept successful completion of programs

of training as proof of qualification within the meaning of this act. Upon a determination of qualification the commissioner shall issue or cause to be

issued a certificate to the construction official or subcode official or trainee stating

that he is so certified. The commissioner, after consultation with the code advisory board, may establish

classes of certification that will recognize the varying complexities of code enforcement

in the municipalities within the State. The commissioner shall, after consultation with the code advisory board, provide

for educational programs designed to train and assist construction officials , subcode officials , and technical assistants to these officials in carrying out their responsibilities. Whenever the commissioner is required by the terms of this subsection to consult with

the code advisory board and the matter in question concerns plumbing subcode officials,

the commissioner shall also consult with the Public Health Council and Commissioner

of Health and Senior Services. d. The commissioner, after consultation with the code advisory board, may periodically

require that each construction official , subcode official , and technical assistant demonstrate a working knowledge of innovations in construction technology and materials,

recent changes in and additions to the relevant portions of the State Uniform Construction

Code, and current standards of professional ethics and legal responsibility; or,

in the alternative, the commissioner, after consultation with the code advisory board,

may accept successful completion of appropriate programs of training as proof of such

working knowledge. 1

N.J.S.A. § 52:27D-123.