New Jersey § 52:27d-130

§ 52:27d-130.

Except as otherwise provided by this act or in the code, before construction or alteration

of any building or structure, the owner, or his agent, engineer or architect, shall

submit an application in writing, including signed and sealed drawings and specifications,

to the enforcing agency as defined in this act. When an enforcing agency begins to participate in the “Electronic Permit Processing

Review System,” pursuant to section 1 of P.L.2021, c. 70 ( C.52:27D-124.4 ), the owner, or his agent, engineer or architect, may submit applications and scheduling

requests electronically. The application shall be in accordance with regulations established by the commissioner

and on a form or in a format prescribed by the commissioner and shall be accompanied by payment of the fee to

be established by the municipal governing body by ordinance in accordance with standards

established by the commissioner. The application for a construction permit shall be filed with the enforcing agency

and shall be a public record; and no application for a construction permit shall

be removed from the custody of the enforcing agency after a construction permit has

been issued. Nothing contained in this paragraph shall be interpreted as preventing the imposition

of requirements in the code, for additional permits for particular kinds of work,

including but not limited to plumbing, electrical, elevator, fire prevention equipment

or boiler installation or repair work, or in other defined situations. Upon the transfer of ownership of property that is the subject of a construction permit,

and prior to beginning or continuing work authorized by the construction permit, the

new owner shall file with the enforcing agency an application for a permit update

to notify the enforcing agency of the name and address of the new owner and of all

other changes to information previously submitted to the enforcing agency. If the municipality has adopted an ordinance requiring a successor developer to

furnish a replacement performance guarantee, and a performance guarantee has previously

been furnished in favor of the municipality to assure the installation of on-tract

improvements on the property that is the subject of an application for a permit update

for the purpose of notifying the enforcing agency of the name and address of a new

owner, the enforcing agency shall not approve the application for a permit update

until it receives notification from the governing body or its designee that the new

owner has furnished an adequate replacement performance guarantee. No permit shall be issued for a public school facility unless the final plans and

specifications have been first approved by the Bureau of Facility Planning Services

in the Department of Education or a municipal code official who is appropriately licensed

by the Commissioner of Community Affairs for the type and level of plans being reviewed. Approval by the Bureau of Facility Planning Services in the Department of Education

shall only be required when a review for educational adequacy is necessary. Requirements determining when a review for educational adequacy is necessary shall

be established jointly by the Department of Community Affairs and the Department of

Education. The standards shall thereafter be adopted as part of the Uniform Construction Code

regulations by the Department of Community Affairs. After the final plans and specifications have been approved for educational adequacy

by the Bureau of Facility Planning Services in the Department of Education, a local

board of education may submit the final plans and specifications for code approval

to either the Bureau of Facility Planning Services in the Department of Education

or a municipal code official who is appropriately licensed by the Commissioner of

Community Affairs for the type and level of plans being reviewed. The Bureau of Facility Planning Services in the Department of Education when approving

final plans and specifications shall be responsible for insuring that the final plans

and specifications conform to the requirements of the code as well as for insuring

that they provide for an educationally adequate facility. In carrying out its responsibility pursuant to the provisions of this section the

Department of Education shall employ persons licensed by the Commissioner of Community

Affairs for the type and level of plans being reviewed.