New Jersey § 52:27d-132

§ 52:27d-132.

a. Following the issuance of a certificate of occupancy, an initial structural inspection

of the building components forming the primary load bearing system of a covered building

shall be undertaken by a post-occupancy structural inspector retained by the covered

building owner within the earlier of: (1) 15 years of the date on which the covered building receives a certificate of occupancy

pursuant to section 15 of P.L.1975, c. 217 ( C.52:27D-133 ); or (2) 60 days after observable damage to the primary load bearing system. b. If a covered building has received a certificate of occupancy pursuant to section

15 of P.L.1975, c. 217 ( C.52:27D-133 ) prior to the effective date of P.L.2023, c. 214 ( C.52:27D-132.2 et al.), 1 then an initial structural inspection shall be undertaken by a structural inspector

based on the number of years the certificate of occupancy preceded the effective date

of P.L.2023, c. 214 ( C.52:27D-132.2 et al.), as provided in this subsection. If the certificate of occupancy was provided: (1) one day to 14 years and 364 days prior to the effective date of P.L.2023, c. 214 ( C.52:27D-132.2 et al.), then the structural inspection shall occur within one year of the date 15

years following the date of the issuance of the certificate of occupancy; or (2) 15 or more years prior to the effective date of P.L.2023, c. 214 ( C.52:27D-132.2 et al.), then the structural inspection shall occur within two years following the

effective date of P.L.2023, c. 214 ( C.52:27D-132.2 et al.). c. A building that has been converted to a condominium or cooperative form of ownership

after the effective date of P.L.2023, c. 214 ( C.52:27D-132.2 et al.) shall, as part of the process of registering the project pursuant to the

“Planned Real Estate Development Full Disclosure Act,” P.L.1977, c. 419 ( C.45:22A-21 et seq. ) and the regulations promulgated thereunder, be required to follow the schedule of

inspections provided in paragraphs (1) and (2) of subsection b. of this section. d. After the post-occupancy structural inspector has performed an inspection pursuant

to subsection a. of this section, the post-occupancy structural inspector shall issue

a written report describing the condition of the primary load bearing system. The post-occupancy structural inspection report shall: (1) set forth with specificity any required maintenance or repairs needed by the primary

load bearing system; (2) determine when the next inspection of the primary load bearing system shall be

performed, but in no event shall a secondary inspection occur more than the earlier

of: (a) 10 years after the initial inspection has taken place; or (b) not more than

60 days after there is observable damage to the primary load bearing system; (3) be provided to the municipal appointing authority, the construction official and

the enforcing agency; (4) be prepared in accordance with the protocol established by the American Society

of Civil Engineers, for the structural condition assessment of a covered building

or a similar protocol by another nationally recognized structural engineering organization;

and (5) provide any other information or guidance necessary to maintain the structural

integrity of a covered building. e. If the structural inspector's report created pursuant to subsection d. of this

section finds that corrective maintenance of the primary load bearing system is required,

the report shall specify with reasonable detail the required corrective maintenance. f. Notwithstanding the structural inspector's initial inspection and report undertaken

pursuant to subsections a. through e. of this section, subsequent structural inspections

and reports shall be provided for as set forth by the structural inspector's preceding

report as follows: (1) The structural inspector shall determine a reasonable period of time within which

the next inspection shall take place provided, however, that any subsequent inspection

under this paragraph shall not take place more than five years after a preceding inspection. (2) The structural inspector shall review the preceding inspection report prior to

undertaking subsequent inspection of the covered building. After the structural inspector completes this review and inspection, the structural

inspector will then issue a subsequent inspection report which shall: (a) make note of any new or progressive deterioration; (b) set forth the covered maintenance required to address any new or progressive deterioration;

and (c) be provided to the covered building owner, who shall undertake measures necessary

to effectuate the covered maintenance, including, but not limited to, engaging the

services of an architect or engineer licensed by the State and qualified in structural

repairs or maintenance to create plans or specifications to implement the covered

maintenance. The covered building owner shall cause any plans or specifications created pursuant

to this subparagraph to be filed with the municipal appointing authority or enforcing

agency. (3) If the post-occupancy structural inspector's inspection finds that there is no

need for corrective maintenance, the written report shall be filed with the enforcing

agency or municipal appointing authority. (4) Any written reports issued by the post-occupancy structural inspector pursuant

to this section shall be provided to the covered building's owner and shall be made

available to any resident of a covered building upon request. g. Inspections conducted pursuant to this section may be conducted in conjunction

with other required inspections, including, but not limited to, inspections required

pursuant to the “Hotel and Multiple Dwelling Law,” P.L.1967, c. 76 ( C.55:13A-1 et seq. ). 1

L.2023, c. 214, eff. Jan. 8, 2024.