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  1. #11
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    Nov 2013
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    Default Re: Township is Claiming They Don't Have Inspection Reports

    Quote Quoting trevor463
    View Post
    Thanks, but I think you have gotten off track from my question. My question was one about the record keeping requirements on the part of the construction office in the local township, not about building codes or inspector licensing. The inspection occurred in response to a tenant complaint regarding serious potential hazards at an existing, occupied apartment complex. This was not new construction, or an inspection for a certificate of occupancy.
    You really don't know how things work in NJ when it comes to construction code and building inspectors, do you? Who do you think sets the standards as to what an inspector is required to do or report? It is the Department of Community Affairs through the administrative code NJAC and the rule making procedure.

    The Division of Codes and Standards within the Department administers and enforces the Uniform Construction Code Act, and also licenses individuals to administer and enforce the UCC. Any person aggrieved by a ruling of the agency under this Act is “entitled to a hearing pursuant to the Administrative Procedure Act.”
    The Uniform Construction Code Act is not a building code per se. The full act.

    N.J.A.C. 5:23-7.1 to be accessible.

    6. Verification of compliance with N.J.A.C. 5:23-3.5, Posting structures.

    (e) Inspections records: The enforcing agency shall make a written record of all inspections, including any discrepancies or violations noted and shall maintain those reports as a public record which shall be available for public inspection during normal business hours.
    You wanted the law well there it is. But has been pointed out, if the record was not created, it doesn't exist.


    I suggest you read this:

    http://www.state.nj.us/dca/divisions...co_comment.pdf

    In addition, any permits that were issued for alteration of a building was reported to the Constructor Report at the DCA so if your town doesn't have the permits records, the DCA may have a record.

    Local construction officials issue building permits for new construction, additions, and alterations. New construction permits are for new buildings. Permits for additions authorize work that adds space to an existing structure. Alterations also are for work on existing buildings, but no new space is added. Examples of alterations include tenant fit ups, new roofs, and repairs to existing structures.

    Was there a notice of violation or to abate sent to the property owner? Do you know? If there was, then the record is somewhere. If it was instead a verbal notification that the property owner should fix the problem and then he took out a permit to fix it, you won't find an inspection report or notice of violation even though it is required by law.

    But if the permit for the work was taken out, there is a record of the Permit (and what it was for) even if it is only in a log of permits issued for that year. Each permit is numbered with the prefix of the year and then then the consecutive number of the permit issued. If it is not in the log, then no permit was issued.

    I will update with this:

    § 5:23-2.16A. Records retention

    (a) Copies of the following documents shall be retained by the construction official for the life of the building
    or structure:
    1. Construction applications;
    2. Permits;
    3. Permit updates;
    4. Decisions on applications for variations;
    5. Decisions of the Construction Board of Appeals;
    6. Certificates of occupancy;
    7. Elevator inspections;
    8. The ongoing inspection control card; and
    9. Notices of unsafe structure.
    (b) Permits that have been revoked shall be kept for at least three years, or until the building or structure
    is demolished, whichever comes first.
    (c) Plans and specifications including amended drawings, shall be retained by the construction official for
    a period of at least 10 years unless litigation is pending.
    1. Plans and specifications, including amended drawings, shall be retained for the life of the building or
    structure for the following:
    i. Hospitals and emergency care facilities;
    ii. Fire, rescue and police stations;
    iii. Designated emergency shelters;
    iv. Designated emergency preparedness, communication, and operation centers;
    v. Power generating stations;
    vi. Buildings of Groups H-1 or H-2;
    vii. Prisons;
    viii. Casino hotels;
    ix. Aviation control towers;
    This document is provided as a courtesy only; the official Administrative Rules
    of the State of NJ are available through LexisNexis, the publisher licensed by
    the NJ Office of Administrative Law, or through your local public library.
    Page 30 of 57
    x. Air traffic control centers; and
    xi. Emergency aircraft hangers.

    2. Inspection and certificate logs shall be retained by the construction official for a period of at least 10
    years.
    (d) Copies of additional documents may be retained at the discretion of the construction official.

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