New Jersey S 3174: Concerns timely provision of TDI benefits.

Bill Text

S3174 

SENATE, No. 3174 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator NICHOLAS P. SCUTARI

District 22 (Somerset and Union)

SYNOPSIS

���� Concerns authority of owners, agents, or other 
persons to elect to contract with private on-site inspection agencies to 
complete inspections under the construction code; provides for charging of 
inspection fees.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act related to inspections under the construction 
code, by providing for inspection fees and permitting certain persons to 
contract with private on-site inspection agencies for inspection services, and 
amending P.L.1979, c.121 and P.L.1975, c.217.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 3 of P.L.1979, 
c.121 (C. 52:27D-126a) is amended to read as follows:

���� 3.��� Where the appointing 
authority of any municipality shall appoint an enforcing agency and 
construction board of appeals pursuant to section 8 of P.L.1975, c.217 
(C.52:27D-126), the municipal governing body by ordinance, in accordance with 
standards established by the commissioner, shall set enforcing agency fees for 
plan review, construction permit, inspection, certificate of occupancy, 
demolition permit, moving of building permit, elevator permit, and sign 
permit, provided, however, that such fees shall not exceed the annual costs for 
the operation of the enforcing agency.� For the three-year period commencing 
with an enforcing agency's initial participation in the "Electronic Permit 
Processing Review System," developed and implemented pursuant to section 1 
of P.L.2021, c.70 (C.52:27D-124.4), the municipal governing body may impose, 
and the enforcing agency may collect, construction permit surcharge fees to 
defray the enforcing agency's startup costs related to offering electronic plan 
review and scheduling. �Surcharge fees shall be established in accordance with 
standards established by the commissioner.

(cf: P.L.2021, c.70, s.3)

���� 2.��� Section 14 of P.L.1975, 
c.217 (C.52:27D-132) is amended to read as follows:

���� 14.� a.� The enforcing agency 
shall periodically inspect all construction undertaken pursuant to a 
construction permit issued by it to ensure that the construction or alteration 
is performed in accordance with the conditions of the construction permit and 
consistent with the requirements of the code and any ordinance implementing 
said code.

���� b.��� The owner of any 
premises upon which a building or structure is being constructed shall be 
deemed to have consented to the inspection by the enforcing agency and the 
department, of the entire premises and of any and all construction being 
performed on it until a certificate of occupancy has been issued.� An 
inspector, or team of inspectors, on presentation of proper credentials, shall 
have the right to enter and inspect such premises, and any and all construction 
thereon, for purposes of ensuring compliance with the provisions of the 
applicable construction permit, the code, and other applicable laws and 
regulations.� All [inspection] inspections 
pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.) shall be between the hours 
of 9 a.m. and 5 p.m. on business days or at another time that has been agreed 
upon by the owner and the relevant inspecting entity, whether the enforcing 
agency, department, or private on-site inspection agency, or when construction 
is actually being undertaken, provided, however, that inspections may be 
conducted at other times if the enforcing agency has reasonable cause to 
believe that an immediate danger to life, limb or property exists, or if 
permission is given by an owner, or the owner's agent, architect, engineer or 
builder.� No person shall accompany an inspector or team of inspectors on any 
inspection pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.), unless the 
person's presence is necessary for the enforcement of P.L.1975, c.217 
(C.52:27D-119 et seq.), or the code, or unless consent is given by an owner or 
the owner's agent, architect, engineer or builder.

���� c.���� If the construction of 
a structure or building is being undertaken contrary to the provisions of a 
construction permit, P.L.1975, c.217 (C.52:27D-119 et seq.), the code, or other 
applicable laws or ordinances, the enforcing agency may issue a stop construction 
order in writing which shall state the conditions upon which construction may 
be resumed and which shall be given to the owner or the holder of the 
construction permit or to the person performing the construction.� If the 
person doing the construction is not known, or cannot be located with 
reasonable effort, the notice may be delivered to the person in charge of, or 
apparently in charge of, the construction.� No person shall continue, or cause 
or allow to be continued, the construction