N.J. Admin. Code § 5:71-2.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:71-2.2 - Matters covered; jurisdictions; exceptions

(a) Except as is otherwise provided in (c) below, the provisions of this subchapter shall apply to all agencies with an enforcement responsibility under the Act and regulations.

(b) Jurisdictional responsibilities for enforcing the Code are as follows:

1. A local enforcing agency, where established, shall be responsible for enforcement of the Code within its jurisdictional area for:

i. All privately-owned premises subject to the Code, including, but not limited to, premises leased to but not maintained by the State, or any of its boards, commissions, agencies or authorities;

ii. All premises owned by or leased to any municipality or local authority, board, commission or agency;

iii. All premises owned by or leased to any county or any regional authority or its boards, commissions, agencies or authorities if no county enforcing agency has been designated to enforce the Code or if requested to do so in accordance with 5:71-2.9(a)1.

2. County enforcing agencies, where established, shall be responsible for enforcement of the Code for:

i. All premises owned by or leased to the county or any of its boards, commissions, agencies or authorities;

ii. All privately-owned premises within its jurisdictional area in which a municipality has designated the county as its local enforcing agency;

iii. All premises owned by or leased to a municipality or municipal authority, in the area in which the county has been designated as the local enforcing agency as well as any such premises for which it is requested to inspect pursuant to 5:71-2.9(a)1; and

iv. All premises leased to but not maintained by the State of New Jersey or any of its boards, commissions, agencies or authorities within the jurisdictional area for which the county has been designated as the local enforcing agency.

3. The Division shall have concurrent jurisdiction with any local or county enforcing agency and shall enforce the Code in all premises subject to it as follows:

i. In life hazard uses; or whenever conditions may exist that constitute an imminent hazard and as the interest of safety requires; in jurisdictions where neither a local nor a county enforcing agency has been established or designated to enforce the Code; and

ii. In all premises owned or maintained by the State of New Jersey or any of its boards, commissions, agencies or authorities; and

iii. In accordance with 5:71-2.10(e) and 4.3(c); and

iv. In premises within the jurisdiction of a local or county enforcing agency if necessary to properly enforce the Code or avoid a conflict of interest.

4. For the purpose of this subsection "owned" shall mean and include "leased."

(c) Special matters of jurisdiction are as follows:

1. Agencies created by Interstate Compact may be inspected by the State and shall conform to the Code but shall not be subject to fees or penalties nor to the enforcement jurisdiction of any local or county enforcing agency.

2. Premises owned by, or leased to and maintained by, the United States or any of its agencies or instrumentalities shall not be subject to the enforcement jurisdiction of any State, county or local enforcing agency except by mutual consent of the Federal agency or instrumentality and of the enforcing agency. Premises leased to, but not maintained by, the United States or any of its agencies or instrumentalities shall be subject to the jurisdiction of the appropriate enforcing agency.

N.J. Admin. Code § 5:71-2.2

Amended by R.1985 d.611, effective 12/2/1985.
See: 17 New Jersey Register 1015(b), 17 New Jersey Register 2870(a).
Added text "a municipality or municipal authority, by".
Amended by R.1993 d.628, effective 12/6/1993.
See: 25 New Jersey Register 4363(a), 25 New Jersey Register 5466(a).
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).