New Jersey § 52:27d-126e

§ 52:27d-126e.

a. Notwithstanding the provisions of the “State Uniform Construction Code Act,” P.L.1975,

c. 217 ( C.52:27D-119 et seq. ), or any rules, regulations , or standards adopted pursuant thereto to the contrary, the governing body of any municipality which has appointed an enforcing

agency pursuant to the provisions of section 8 of P.L.1975, c. 217 ( C.52:27D-126 ) may, by ordinance, provide that no person shall be charged a construction permit

surcharge fee or enforcing agency fee for any construction, reconstruction, alteration

or improvement designed and undertaken solely to promote accessibility by persons with disabilities to an existing public or private structure or any of the facilities contained therein. The ordinance may further provide that a person with a disability , or a parent or sibling of a person with a disability , shall not be required to pay any municipal fee or charge in order to secure a construction

permit for any construction, reconstruction, alteration or improvement which promotes

accessibility to the person's own living unit. For the purposes of this subsection, “ disabled person with a disability ” means 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 disability , including blindness, and shall include, but not be limited to, any resident of this

State who has a disability as defined pursuant to the federal Social Security Act ( 42 U.S.C. s.416 ), or the federal Railroad Retirement Act of 1974 ( 45 U.S.C. s.231 et seq. ), or is rated as having a 60 percent disability or higher pursuant to any federal law administered by the United States

Veterans' Administration . For purposes of this paragraph “ blindness ” means central visual acuity of 20/200 or less in the better eye with the use of

a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the

widest diameter of the visual field subtends an angle no greater than 20 degrees shall

be considered as having a central visual acuity of 20/200 or less. b. (1) Notwithstanding the provisions of the “State Uniform Construction Code Act,”

P.L.1975, c. 217 ( C.52:27D-119 et seq. ) or any rules, regulations or standards adopted pursuant thereto to the contrary,

the governing body of any municipality which has appointed an enforcing agency pursuant

to the provisions of section 8 of P.L.1975, c. 217 ( C.52:27D-126 ) shall not charge a person who has a service-connected disability declared by the

United States Department of Veterans Affairs, or its successor, to be a total or 100 percent permanent disability that would entitle them to a property tax exemption under section

1 of P.L.1948, c. 259 ( C.54:4-3.30 ) or a spouse, parent, sibling, or guardian of the veteran with a disability , a construction permit surcharge fee or enforcing agency fee for any construction,

reconstruction, alteration, or improvement designed and undertaken solely to promote

accessibility by the veteran with a disability to the veteran's own living unit. (2) A municipality that has granted an exemption from a construction permit surcharge

fee or enforcing agency fee pursuant to paragraph (1) of this subsection may apply

to the Department of Community Affairs, in accordance with rules and regulations promulgated

by the Commissioner of Community Affairs for this purpose, for reimbursement of those

exempt fees.