Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The Commissioner or a local enforcing agency may assess, levy and collect
penalties to ensure compliance with the Code. No penalty shall be imposed
except upon issuance of a written order requiring abatement and the allowance
of a reasonable specified period in which to comply, unless clear notice of the
violation otherwise exists.
(b) The
maximum penalty for any act or omission in violation of the Act or Code that is
not enumerated in this subsection shall be $ 5,000 per violation per day.
Except as specified below, a violation of N.J.A.C. 5:70-3 or 4 shall subject a
violator to a maximum penalty of $ 500.00 per violation per day. Specific
violations shall subject violators to penalties as follows:
1. Imminent hazard--punitive closure:
i. Failure to obey an imminent hazard
order--a maximum of $ 5,000 per day for each day that the failure
continues.
ii. Failure to obey an
order to close for fixed period of time issued pursuant to
5:70-2.17 --a maximum of $ 5,000
per day for each day that the failure continues.
2. Egress:
i. Blocking, locking, or obstructing required
exits in a place of public assembly or education--a maximum of $ 5,000 per
occurrence;
ii. Blocking, locking,
or obstructing required exits in any other place--a maximum of $ 2,500 per
occurrence.
3.
Occupancy:
i. Exceeding the maximum permitted
occupancy in a place of public assembly or education;
(1) For the first offense--a maximum of $
2,500;
(2) For a subsequent
offense--a maximum of $ 5,000;
ii. Exceeding the maximum permitted occupancy
in any other place;
(1) For the first
offense--a maximum of $ 500.00;
(2)
For a subsequent offense--a maximum of $ 2,500.
4. Fire protection equipment:
i. Failure to install a required suppression
or detection device after having been given written notice of the requirement
to do so:
(1) In a place of public assembly
or education--a maximum of $ 2,500 per violation per day;
(2) In any other place--a maximum of $ 1,000
per violation per day.
ii. Disabling or decreasing the effectiveness
of any fire suppression or alarm device or system.
(1) In a place of public assembly or
education--a maximum of $ 5,000 per occurrence;
(2) In any other place--a maximum of $ 1,000
per occurrence.
5. Failure to comply with a lawful action:
i. A negligent or inadvertent failure to
comply with a lawful order, ruling, notice or other action of the Commissioner
or a local enforcing agency--a maximum of $ 2,000 per occurrence.
ii. A refusal or deliberate failure to comply
with a lawful order, ruling, notice or other action of the Commissioner or a
local enforcing agency--a maximum of $ 5,000 per occurrence.
6. Obstruction:
i. Anyone who obstructs, hinders, delays or
interferes by force or otherwise with the Commissioner or any member of a local
enforcing agency in the exercise of any power or the discharge of any function
or duty under the provisions of this Code--a maximum of $ 2,500 per
occurrence.
7. Permits:
i. Failure to obtain a required permit prior
to commencing the operation, process or activity for which a permit was
required--a maximum of double the amount of the applicable permit
fee.
ii. Failure to obtain a
required permit after being ordered to do so while continuing the operation,
process or activity--a maximum of $ 5,000 per day during which the operation,
process, or activity continues.
8. Registration:
i. Failure to file a registration application
after having been ordered to do so--an amount equal to double the applicable
registration fee, but not less than $ 200.00 or more than $ 1,000 for each
registration.
ii. Failure to pay
the required annual registration fee when due--an amount equal to the unpaid
fee. Payment of the fee after imposition of the penalty shall not absolve the
owner from responsibility for the penalty nor shall payment of the penalty be
deemed to absolve the owner from the obligation to pay the fee.
iii. Failure to obtain a Certificate of
Carnival Registration--an amount equal to double the applicable registration
fee.
9. False
statements:
i. Preparing, uttering or
rendering any false statement, pertaining to reports, documents, plans or
specifications permitted or required under the provisions of this code--a
maximum of $ 5,000.
ii. Submission
of a materially false application for a permit or registration--a maximum of $
1,000 per occurrence.
10. Special hazards:
i. For any violation of N.J.A.C. 5:70-3 or 4
of this Code which is not specifically enumerated above but which, under the
circumstances, presents a specific hazard to life--a maximum of $ 5,000 per
violation per day. The violation notice must set forth the basis for
determining the basis for a special hazard.
(c) Each day during which the violation
remains unabated after the date or time specified in the order or notice for
its correction or termination shall constitute an additional and separate
violation.
(d) The filing of a
timely appeal shall stay the action until a decision is made by the
construction board of appeals or the Commissioner, as the case may
be.
(e) A violation that is
recurring justifies imposition of an immediate penalty without the necessity
for an interval in which correction can be made. A violation shall be deemed to
be a recurring violation if a notice has been served within two years from the
date that a previous notice was served and the violation, premises and
responsible party are substantially the same.
(f) If a penalty order has not been satisfied
by the 30th day after its issuance, the Commissioner or local enforcing agency
may institute a civil penalty action by a summary proceeding under the Penalty
Enforcement Law of 1999 (N.J.S.A. 2A:58- 10 et seq.) in the Superior Court or
municipal court.
1. A person who fails to pay
immediately a money judgment rendered against him may be sentenced to
imprisonment by the court for a period not exceeding six months, unless the
judgment is sooner paid.
2. All
moneys that are recovered as a result of the assessment of penalties shall be
paid into the designated trust account and shall be appropriated to support the
local enforcing agency's operation.
(g) The Commissioner or fire official may
offer to reduce any penalty provided that such reduction is in the best
interest of fire safety and will assure compliance. No penalty reduction can be
made final while the violation that led to its assessment remains in
existence.
