On Thursday, Governor Murphy conditionally vetoed two pieces of legislation concerning code enforcement that the League advocated against. A-5130/S-4128 would require an enforcing agency to conduct inspection of construction in a specified time window, and A-5264/S-4100 would require the establishment of an automated platform to expedite construction code approval of applications to install residential solar energy systems.
A-5130/S-4128 would require an enforcing agency to give written notice, within 24 hours of a construction inspection request, to the property owner or person responsible for the work, stating the 2.5-hour period when the inspection will occur. The bill would allow the owner or person responsible for the work to file a complaint against the enforcing agency or code inspector if the enforcing agency fails to perform an inspection within the stated timeframe.
The League opposes this legislation and has expressed concerns to the sponsor that the recruitment, training, and retention of Code Enforcement Officers has been an ongoing challenge for local governments that has continued to get worse. Additionally, the lack of resources makes the 2.5-hour period nearly impossible.
The Governor’s conditional veto proposed modifications that would expand the 2.5-hour window to 4 hours and amendments to exempt municipalities in which DCA acts as the local enforcing agency and the DCA enforcement system.
A-5264/S-4100 would create a “State Smart Solar Permitting Platform” developed and implemented by DCA that would be available to local enforcing agencies, private plan-review and inspection agencies, and solar-panel contractors 24 hours a day, to review applications to install residential solar panels for compliance with the State Uniform Construction Code (UCC) and instantly release permits for applications determined to comply with the UCC. The bill would require local enforcing agencies to allow individuals to submit permit applications through the Smart Platform or to adopt an alternative automated solar permitting platform that meets the bill’s requirements. Local enforcing agencies that elect to use the Smart Platform would be obligated to reduce their fees for permits to install residential solar projects. Additionally, DCA would be required to fully implement the Smart Platform within 12 months of enactment, provide training opportunities to local enforcing agencies on the Smart Platform, and adopt rules and regulations implementing the bill’s requirements.
The League opposes this legislation and has expressed concerns to the sponsor that the legislation is overly burdensome in an area of local government that is already challenging with resources. Additionally, concerns were raised regarding the plan approval process and ensuring that UCC compliance is intact.
The Governor’s conditional veto proposes that the DCA stipulate requirements for the Smart Platform in a Request for Proposal that includes requiring the automated system to use the UCC as the basis for compliance review and to issue approval for only code-compliant plans and documents, which local enforcing agencies will use during inspections to ensure proper solar panel installation. In addition, the automated system must issue permits to construct a residential solar energy system only upon confirmation that the application was submitted by a licensed contractor, licensed architect, or licensed engineer and that licensed professionals prepare the application materials, as required by the UCC, that are within their discipline under relevant law or regulation. The Smart Platform must also be able to make timely updates necessary to conform with changes to the UCC and other applicable State laws. DCA should also consult with the Board of Public Utilities and the Office of Innovation during the RFP process and the implementation of the selected platform.
If the Legislature concurs with the Governor’s recommendation, the League will provide updates as necessary.
Contact: Erin Knoedler, Legislative Analyst, eknoedler@njlm.org, 609-695-3481, x116.