Current through Register Vol. 56, No. 18, September 16, 2024
(a)
This section shall not apply for any inspection responsibilities reserved to
the State pursuant to
N.J.A.C.
5:23-3.11 and 3.11A.
(b) Supplemental private on-site inspection
agencies authorized pursuant to
N.J.A.C.
5:23-4.12 may perform required, specific
inspections for projects or project components pursuant to
N.J.A.C.
5:23-2.17A or 2.18, or as needed pursuant to
a contract between an enforcing agency and the supplemental private on-site
inspection agency.
(c) In addition
to the requirements set forth in this section, supplemental private on-site
inspection agencies shall also comply with
N.J.A.C.
5:23-4.12, 4.13, 4.14, 4.15, and 4.21 for
those requirements that relate to inspections.
(d) An enforcing agency may, at its
discretion, enter into a contract with private on-site inspection agencies to
conduct on-site inspections on a supplemental or project-specific basis.
1. Contracts between enforcing agencies and
supplemental private on-site inspection agencies pursuant to this section shall
be considered specialized services allowing for the use of competitive
contracting pursuant to
N.J.S.A.
40A:11-4.1.
2. A copy of this contract shall be provided
to the Department upon entering into the contract.
(e) An enforcing agency may, at its
discretion, authorize an owner, agent, or other authorized person in charge of
work to directly contract with a private on-site inspection agency authorized
pursuant to
N.J.A.C.
5:23-4.12 to perform all inspections on a
specific project. Such approval shall be confirmed, in writing, as a part of
the permit files.
(f) In the event
an enforcing agency is unable to perform a requested inspection pursuant to
N.J.A.C.
5:23-2.17A or 2.18, as applicable, the agency
and the owner, agent, or other authorized person in charge of work may agree to
a different date and time, which shall be within 30 days of the request for
inspection, and shall be agreed upon, in writing, by both parties.
(g) In the event an enforcing agency is
unable to perform a requested inspection pursuant to
N.J.A.C.
5:23-2.17A or 2.18, as applicable, and the
agency and the owner, agent, or other authorized person in charge of work do
not agree to a different date, the owner, agent, or other responsible person in
charge of work may choose to contract with a private on-site inspection agency
to conduct the requested inspection or inspections.
1. The owner, agent, or other responsible
person in charge of work shall notify the enforcing agency, in writing, of any
choice to utilize an authorized private on-site inspection agency to conduct
the requested inspection or inspections.
2. In the event of a project with multiple
units in one building, this provision shall apply only to the specific unit or
units affected by the inspection delay. The owner, agent, or other responsible
person in charge of work may choose to utilize the supplemental private on-site
inspection agency for the remainder of the inspections for the unit or units
affected by the inspection delay. The fee for such work shall be agreed upon by
the owner, agent, or other responsible person in charge of work and the
supplemental private on-site inspection agency.
3. The use of a private on-site inspection
agency by an owner, agent, or other responsible person in charge of work, shall
be subject to the conflict-of-interest provisions of this subchapter. In
addition to those requirements, no private on-site inspection agency shall
perform an inspection for any owner, agent, or other responsible person in
charge of work if an owner, agent, or other responsible person is currently
employed by or affiliated with any individual affiliated with the private
on-site inspection agency within the past six months.
4. The enforcing agency shall provide a fee
reconciliation to the owner for an inspection completed by a supplemental
private on-site inspection agency as a result of a missed inspection.
i. The reconciliation shall be based upon the
municipal fee schedule, thus, it shall be based on the fees already paid to the
enforcing agency less administrative costs, including the cost entailed in
calculating the reconciliation, for the enforcing agency, and shall not exceed
the amount already paid for the project, nor shall it exceed the amount that
the enforcing agency is authorized to impose for inspections.
ii. This reconciliation shall be performed at
the conclusion of the project.
5. In any event, an unforeseen circumstance,
such as an illness or accident, shall not be considered a missed inspection so
long as the agency performs the inspection as soon as
practicable.
(h) If an
owner, agent, or other responsible person in charge of work believes an
enforcing agency has demonstrated a repeated inability to conduct inspections
for a construction project within the required timelines, the owner, agent, or
other responsible person in charge of work may notify the Department, in
writing, to request authorization to utilize an authorized private on-site
inspection agency.
1. Within 15 business days
of receiving a notification pursuant to this subsection, the Department shall
determine whether the enforcing agency has demonstrated repeated inability,
and, if the Department so determines, it shall authorize the owner, agent, or
other responsible person in charge of work to utilize an authorized private
on-site inspection agency for all or a portion of the necessary inspections for
the remainder of the project.
2.
Any party in interest aggrieved by the decision of the Department may make an
appeal to the Hearing Coordinator, Division of Codes and Standards, Department
of Community Affairs, PO Box 802, Trenton, NJ 08625, pursuant to the
Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq., and 52:14F-1 et
seq.
