|1. Action on application (time to review)
|New Jersey Administrative Code (NJAC) - 5:23-2.16(a)
|Enforcing agency has 20 business days to examine, approve or deny the application. Denial must be in writing setting forth reasons.
|The review period of 20 days mentioned by the regulations excludes the time devoted to zoning review. The permit application cannot be considered complete until local zoning approvals are granted.
|2. Time limitation of application
|NJAC - 5:23-2.15(e)3.iv
|An application for a permit for any work must be considered abandoned six months after the date of filing if not pursued diligently.
|Extensions can be granted by the CO for just cause not to exceed 90 days each.
|3. Suspension of permit
|NJAC - 5:23-2.16(b)
|Any permit issued shall become invalid if the authorized work is not commenced within 12 months after the issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.
|Invalid (lapsed) permits can be reactivated. This is subject to fees and new applications. View the municipal fee schedule.
|4. Inspection during progress of work (work in general).
|NJAC - 5:23-2.18(b)1
|The construction official and appropriate subcode officials, shall carry out such periodic inspection during the progress of the work as are necessary to insure that work installed conforms to the approved plans and the requirements of the regulations.
|The enforcing agency (subcode officials, construction official) has the responsibility for on-site inspections, notices and orders for delinquent permits.
|5. Mandatory inspections for one and two-family dwellings.
|NJAC - 5:23-2.18(b)1.i
|Footing, foundation (backfill), structural framing, insulation, electrical and plumbing roughs, underground installations, service installations, all finals, including building (finishes), plumbing, electrical, mechanical and fire protection equipment.
|6. Inspections for all other structures
|NJAC - 5:23-2.18(b)1.ii
|Same as one and two-family dwellings, plus fire suppression systems, heat producing appliances and any other work required to be inspected by the regulations.
|Rule of thumb: If it requires a permit for installation, it requires inspection(s). Note: Inspections may be required in connection with Barrier Free Subcode, special inspections in accordance with building subcode and special municipal inspections (if any). Check and arrange.
|7. Notice for inspection
|NJAC - 5:23-2.18(c)1
|The owner or other responsible person in charge of work shall notify the enforcing agency when the work is ready for any required inspection specified by the regulations or required by the construction official or appropriate sub-code official. This notice shall be given at least 24 hours prior to the time the inspection is desired. Inspections shall be performed within three business days of the time for which they have been requested.
|The work subject to the particular inspection must stop to allow the inspection requested. Work cannot proceed until the inspection is complete and the inspected work is approved.
|8. Minor work
|NJAC - 5:23-2.17A
|A permit is required for minor work, however, work may start before the permit is issued. The owner, or an architect or contractor acting on behalf of the owner, shall, however, provide notice of the work to the enforcing agency before work begins.
|A list of what is considered minor work is given in Section 5:23-2.17(c) of the NJAC. Examples of minor work: electrical work incidental to Air Conditioning equipment in single family dwellings, fire detection device in single family dwellings, radon mitigations systems, burglar alarm or security systems, low voltage intercom systems in any structure, etc.
|9. Permit for minor work
|NJAC - 5:23-2.17A(b)2
|In addition to oral notice, the owner or his agent shall be required to file an application. The completed application with the fee shall be delivered in person or by mail to the enforcing agency, within five days from the date of the oral notice.
|Oral notice means a phone call to the office.
|10. Inspection of minor work
|NJAC - 5:23-2.17A(d)
|Inspection shall be required for minor work and the enforcing agency shall inspect any such work within 30 days of the requested inspection.
|The inspection shall be based on what is visible at the time of the inspection. Certificate must indicate that work is minor work.
|11. Emergency work
|NJAC - 5:23-2.14(b)3
|Emergency work not involving lead abatement does not require a permit prior to construction, except that a permit shall be applied for or notice given as soon thereafter as is practicable, but not later than 72 hours thereafter.
|Inspections of underground emergency work (piping, electrical work) can be performed upon notification before the permit is issued. All other inspections must take place after the permit is issued according to usual procedures.
|12. Sign permit not required
|NJAC - 5:23-2.14(b)6
|A permit shall not be required for a sign that meets all of the following conditions: 1. It is supported by uprights or braces in or upon the ground surface; 2. It is not served by an electrical circuit directly connected to the sign; 3. It is not greater than 25 square feet in surface area (one side); and 4. It is not more than six feet above the ground (mounted height).
|The construction official has the authority to require the removal of any sign, regardless of it size, that creates an unsafe condition or otherwise require correction of any such condition.
|13. Violation, notice and orders
|NJAC - 5:23-2.30(a)
|Whenever the construction official or the appropriate sub-code official shall determine that there exists a violation of the regulations, a statement of approved plan, a permit or a certificate, the construction official shall issue a notice of violation and orders to terminate the illegal action or condition.
|Must identify the specific section of the regulation or code violated and must be signed by the appropriate sub-code official and construction official.
|NJAC - 5:23-2.31(b)1
|Any person or corporation, including an officer, director or employee of a corporation, shall be subject to a penalty of not more than $500.
|$500 per violation.
|15. Type of violations
|NJAC - 5:23-2.31(b)1
|Types of violations: 1. Violation of any provision of the act (UCC) or the regulations; 2. Construction of a structure or building in violation of a condition of a building permit; 3. Failure to comply with an order issued by the enforcing agency; and
4. Making a false or misleading written statement, or omitting any required information or statement in any application or request for approval to the enforcing agency.
|Examples: Under (i) the violations can be administrative or technical. Construction without the benefit of a permit is an administrative violation. Not adhering to minimum standards set by the various codes (building, plumbing, electrical) is a technical violation. Under (ii) constructing a structure larger or differing in shape from that approved on the plans would be a violation. Items (iii) and (iv) should be self-explanatory.
|16. Types of assessments
|NJAC - 5:23-2.31(b)3
|A person shall be guilty of a separate offense each day that he fails to comply with a Stop Construction Order (iii) and for each week that he fails to comply with any other order (iii). Each technical or administrative violation shall be considered a separate offense, including each false or misleading statement and each violation of conditions of a permit.
|The Notice of Violation and Order to Terminate is designed to address technical violations and must include a reasonable deadline. Under a NVOT the assessments are weekly. In the case of occupancy without a Certificate of Occupancy, the assessment is weekly. Construction without a permit is a one-assessment violation but it may be issued under each sub-code applicable to ì¥Á7. Stop Construction Orders should be delivered to the work site. Other Notices may be mailed certified, return receipt requested.