New Jersey § 55:13a-11

§ 55:13a-11.

(a) Upon the application of the owner of any hotel or multiple dwelling, or any building

not constructed for use as a hotel or multiple dwelling but which has been or shall

be converted or altered to such use, the commissioner may grant exceptions from the

literal requirements of any regulation issued pursuant to sections 7 and 8 of this

act. 1 No such exceptions shall be granted in any particular case unless the commissioner

shall find: (1) that strict compliance with any such regulation, if required, would

result in undue hardship to such owner; and (2) that the exception, if granted, will

not unreasonably jeopardize the health, safety and welfare of intended occupants and

the public generally. (b) An application for an exception pursuant to this section shall be filed in writing

with the commissioner, and shall set forth specifically: (1) a statement of the requirements

of the regulation from which an exception is sought; (2) a statement of the manner

by which strict compliance with said regulation would result in undue hardship; (3)

a statement of the nature and extent of such undue hardship; and (4) a statement

of feasible alternatives to the requirements of the regulation which would adequately

protect the health, safety and welfare of the occupants or intended occupants and

the public generally. (c) Within the 30 days next succeeding the receipt by the commissioner of an application

for an exception, the commissioner shall grant or deny said application by written

order, stating therein the reason or reasons for the grant or denial of said application. The commissioner shall maintain records of all applications for exceptions, and

the action taken thereon, and shall make such records reasonably available for public

inspection. (d) The owner of each hotel or of each multiple dwelling granted an exception to any

regulation which shall be deemed to affect the safety of the occupants of the structure

by the commissioner shall provide to every applicant or occupant of such hotel or

multiple dwelling a written notice citing the specific regulation for which an exception

has been granted and stating the exceptions thereto granted by the commissioner to

the owner of such hotel or multiple dwelling. Such written notice shall, in the case of a hotel or motel, be posted in a prominent

place freely accessible to the occupants and to the general public, and, in the case

of a multiple dwelling, such written notice shall be attached to the lease of each

affected dwelling unit, and, in the case of a school dormitory, such written notice

shall be attached to the housing agreement of each affected housing unit. In the case of exceptions granted to common areas in a multiple dwelling or in a

school dormitory, such written notice shall be attached to all leases or housing agreements,

as appropriate. 1

N.J.S.A. §§ 55:13A-7, 55:13A-8.