52:27D-126.8 "County Code Enforcement Pilot Program"; definitions.

1. a. As used in P.L.2018, c.157 (C.52:27D-126.8 et al.):

"Pilot county" means any county of the first class with a population of over 900,000 and a population density of less than 4,000 persons per square mile according to the 2010 federal decennial census.

"Pilot program" means the "County Code Enforcement Pilot Program" established pursuant to subsection b. of this section.

b. There is established the "County Code Enforcement Pilot Program" to permit any pilot county to assume responsibility for certain construction code enforcement activities. Notwithstanding any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.) to the contrary, the governing body of a pilot county may appoint, by ordinance or resolution, as applicable, a county construction official, subcode officials, and technical assistants to administer and enforce the code in regard to:

(1) buildings and structures owned by the pilot county, including any of its departments, divisions, bureaus, boards, councils, authorities, or other agencies; and

(2) a municipality located within the pilot county with which the pilot county has entered into a shared service agreement pursuant to the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), for the purposes of administering and enforcing the code.

c. Regardless of any shared service agreement with a municipality, if a building or structure subject to code enforcement is owned by the pilot county, then the county construction official appointed pursuant to subsection b. of this section may assume the code enforcement responsibilities of a municipal code enforcement official, including the imposition of fees for permit applications and inspections related to construction activities by private parties on county property. However, regardless of the property's ownership, a county construction official may not assume code enforcement responsibilities that the Department of Community Affairs is required to administer, pursuant to subsection c. of section 11 of P.L.1975, c.217 (C.52:27D-129) or any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.).

d. In accordance with the "Uniform Shared Services and Consolidation Act," sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35), a municipality located within a pilot county may enter into a shared service agreement with the pilot county to administer and enforce the code.

e. The Commissioner of Community Affairs shall adopt rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of the pilot program.

L.2018, c.157, s.1.