S2771

An Act requiring the periodic inspection of certain buildings and supplementing chapter 27D of Title 52 of the Revised Statutes.

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

1. As used in this act:

“Affected building” means a building, whether residential or commercial, that is six or more stories in height; or has an item affixed to an exterior building wall that is in excess of 60 feet in height.

“Building exterior” means all of the exterior walls of a building, or any part thereof, and shall also include, but shall not be limited to, any balcony, fire escape, chimney, hanging air conditioner, marquee, canopy, sign, flagpole, fire escape and window washing and exterior maintenance system which may be attached to any portion of the exterior walls of the building.

“Building wall” means an exterior wall of an affected building and any item affixed thereto.

“Commissioner” means the Commissioner of Community Affairs.

“Department” means the Department of Community Affairs.

“Professional” means a licensed professional engineer experienced in the practice of structural engineering or a licensed registered architect knowledgeable in the design, construction, and inspection of building facades.

“Safe” means the condition of a building exterior, or any part thereof, that does not require repair or maintenance to sustain the structural integrity of the exterior of the building.

“Safe with a repair and maintenance program” means the condition of a building wall, or any part thereof, that the professional performing an inspection does not consider unsafe at the time of inspection, but requires repairs or maintenance within a time frame designated by the professional in order to prevent its deterioration into an unsafe condition.

“Unsafe” means the condition of a building wall, or any part thereof, that has no visible means of structural support and that is dangerous to persons or property and requires immediate remedial action to protect the public health, safety and welfare. In addition, any condition of a building wall that was reported as “safe with a repair and maintenance program” in a previous report and that has not been corrected by the time of the current inspection, shall be deemed an unsafe condition.

2. a. The Department of Community Affairs shall establish a program for the maintenance and inspection of building exteriors sufficient to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner shall, pursuant to the “Administrative Procedure Act,” P.L. 1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the provisions of this bill not later than the first day of the third month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall model those rules and regulations pertaining to the maintenance of building exteriors and the professional inspection required in subsection b. of this section after the provisions set forth in the standards promulgated by ASTM International designated as “E2270-05 Standard Practice for Periodic Inspection of Building Facades for Unsafe Conditions.”

b. Every owner of an affected building shall maintain the building’s exterior walls, and any appurtenances thereto, in a safe condition. The owner of an affected building shall provide for the inspection of the building exterior by a professional, and for the professional’s preparation and filing of an inspection report with the Department of Community Affairs, on the owner’s behalf as provided in P.L. , c. (C. ) (pending before the Legislature as this bill), and in rules and regulations adopted pursuant thereto.

c. The initial inspection of an affected building shall be conducted under the following schedule:

Construction date:	Report to be completed by:
Undetermined	June 30, 2012
Prior to, and including, 1950	June 30, 2012
1951-1970	June 30, 2013
1971-1980	June 30, 2014
1981-1990	June 30, 2015
1991-2005	June 30, 2016

d. The owner of an affected building shall provide for the inspection of the building and the filing of an inspection report at least once during every subsequent five-year period.

e. The commissioner shall establish a procedure that allows an owner to request, and the department to grant, a waiver from an inspection requirement whenever an a building wall of an affected building is substantially restored. The owner shall submit with the waiver application such information as the commissioner has determined shall be necessary to enable the commissioner to evaluate the request. The commissioner shall grant the waiver if the evidence provided by the owner of the affected building demonstrates that the recent facade restoration obviates the need to do an inspection until the next inspection cycle.

3. The inspection required in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be conducted by, or under the supervision of, the professional and performed to the best of the professional’s knowledge and belief, in accordance with rules and regulations promulgated by the commissioner as required in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

Upon discovery of any unsafe condition, the professional shall immediately notify the owner of the building by electronic mail or by fax; and shall within 12 hours of discovery, notify the department in writing and in an electronic format determined by the department. Any condition of a building wall that was reported as “safe with a repair and maintenance program” in a previous report and that has not been corrected by the time of the current inspection, shall be deemed an unsafe condition

The professional may order any inspections or additional tests that the professional deems to be necessary in order to support the findings of the inspection and to determine the cause of any defect in the building exterior. Any such inspection or test that require the removal of any portion of a building’s exterior shall be performed only after any required permit has been obtained by the professional on behalf of the owner.

4. The professional shall submit to the owner of the affected building a written report about the result of the inspection, certifying that the inspection was performed and completed in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and detailing all conditions not classified as safe. The department may impose a processing fee that shall be paid to the department upon the submission of the summary of the written report. If the report identifies an unsafe condition, the professional, not later than 24 hours after completion of the report, shall file a copy of the report with the department in writing and in an electronic format determined by the department.

An inspection report shall include the name and license number of the professional who performed the inspection and prepared the report, and shall be signed and dated by the professional. The report shall include the following information about an affected building:

a. the address of the affected building, and its location from the nearest intersection;

b. the name, mailing address, and telephone number of the owner of the affected building and of the owner’s agent, if any;

c. a description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction, and system of water management;

d. a brief history of any settlements, repairs, or revisions to exterior enclosures, if available;

e. the date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and extent and location of all physical inspections performed;

f. a report of all conditions of the affected building, including but not limited to significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames, hardware and lights, window guards, window air conditioners, flower boxes, and similar items. The report shall classify each such condition as safe, unsafe, or safe with a repair and maintenance program;

g. the probable causes of the reported conditions;

h. the status of the exterior maintenance;

i. with respect to any conditions listed in the previously filed report, whether those conditions have been repaired or maintained as recommended in that report;

j. recommendations for repairs or maintenance, if appropriate, to the affected building, including the recommended time frame for the repairs or maintenance to be performed;

k. the classification of the building as either safe, unsafe, or safe with a repair and maintenance program;

l. photographs or sketches documenting the location of any conditions that are either unsafe or safe with a repair and maintenance program;

m. a statement by the professional indicating which repairs or maintenance require the obtaining of work permits prior to their commencement;

n. a statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging any required repairs or maintenance to be performed on the affected building and the recommended time frame for performing such repairs or maintenance;

o. the certification of the professional that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional stand of care.

p. the professional’s seal and signature; and

q. any other matters that the department may require.

The professional may submit an amended report containing additional or revised information concerning the condition of an affected building not later than 30 days following the date of the submission of the report to the department. The amended report shall clearly indicate any change from the initial report and the reasons for the change.

5. Not later than 24 hours after being notified by a professional of an unsafe condition at an affected building, the owner of the affected building shall take actions necessary and appropriate to protect the public or ensure public safety, including but not limited to erecting sidewalk sheds, fences, or safety netting.

Not later than 10 days after the receipt or filing of a report identifying an unsafe condition, the owner of an affected building shall commence work to correct the condition and work shall continue without interruption until the unsafe condition has been corrected, unless there has been an unforeseen delay. Not later than seven days after an unsafe condition at an affected building has been corrected, the professional shall re-inspect the affected building and file with the department an amended report stating the condition of the building.

6. The owner of an affected building shall ensure that any conditions described in the report as “safe with a repair and maintenance program” are repaired, and the actions identified by the professional are completed within the time frame designated by the professional or by the time necessary to prevent a condition from becoming an unsafe condition, whichever is sooner.

7. a. The department may grant an extension of time not to exceed 90 days to begin the repairs required to mitigate an unsafe condition or to repair a “safe with a repair and maintenance program” condition, after the receipt and review of an initial extension application submitted by the professional which includes: proof that the premises have been made safe by means of a shed, fence, or other appropriate measures; a copy of the contract indicating the scope of work necessary to remedy the unsafe condition; or the estimate by the professional of the length of time required for repairs, and a notarized affidavit by the owner of the building or its agent that work will be completed within such time.

b. A further extension of time will be considered by the department only upon receipt and review of an application for an additional extension of time which details that one of the following criteria has been met: the work has been substantially completed, but there has been an unforeseen delay outside of the control of the professional or the persons performing the work; unforeseen circumstances affecting the ability of the contractor to perform the work, including, but not limited to, a fire at the affected building, or the collapse of the affected building, have occurred; or the nature of hazard requires more than 90 days to remove.

c. In the event that a owner does not make required repairs or does not take corrective actions as required in sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), the department may enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) through the imposition of fines, stop work orders, or any other authorized enforcement actions permitted under the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C. 52:27D-119 et seq.). The department may impose a fine pursuant to this subsection in the amount of $2,500 for each day that the required repairs have not been made or the required corrective actions have not been taken.

8. The owner of the affected building may appeal in writing the findings set forth in the professional’s initial or amended report to the department within 30 days of the receipt of the report, on such form or in such manner as may be required by the commissioner, and shall include as part of the appeal documents a report from another professional concerning the condition of the affected building’s facade and appurtenances thereto. The filing of an appeal shall stay the requirement for making repairs to the affected building, but not the requirement to take actions necessary to protect the public safety.

After consideration of an appeal, the commissioner shall either grant the appeal, deny the appeal, or grant the appeal with proposed modifications to the professional’s findings as the department deems appropriate.

9. This act shall take effect on the first day of the fourth month next following enactment, except that subsection a. of section 2 shall take effect immediately.

STATEMENT

This bill would require the Department of Community Affairs to create a maintenance code for and to oversee the private inspection on a five-year basis of the exterior building walls of certain buildings, whether residential or commercial, that are six or more stories in height; or that have an item affixed to an exterior building wall that is in excess of 60 feet in height. The bill would require the owner of each such building to retain a professional engineer to conduct periodic inspections of exterior building walls, and to prepare and file a report on the inspection periodically with the Department of Community Affairs. The bill would also require that any necessary repairs to an unsafe building wall, or a building wall in need of maintenance, be made in order to protect the public or to ensure public safety.

The provisions of this bill are similar to a program recently adopted in Philadelphia to require the periodic inspection of the exterior walls and appurtenances of tall buildings, and the repair and maintenance of conditions discovered through these inspections.