N.J.A.C. 5:10 - State

1 5:10 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 53 No. 20, October 18, 2021NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 10. MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGST itle 5, Chapter 10 -- Chapter NotesStatutory AuthorityCHAPTER AUTHORITY: 55:13A-6(e), 55 et seq., and 55 SOURCE AND EFFECTIVE DATE: Effective: March 2, 2016. See: 48 590(a). CHAPTER HISTORICAL NOTE: Chapter 10, Maintenance of Hotels and Multiple Dwellings, became effective prior to September 1, 1969. Pursuant to Executive Order No. 66(1978), Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective December 23, 1983. See: 15 727(a), 16 128(b).

2 Pursuant to Executive Order No. 66(1978), Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective November 17, 1988. See: 20 2126(a), 20 3122(a). Subchapter 25, Fire Protection, was repealed by , effective December 19, 1988, operative June 16, 1989. See: 20 2126(a), 20 3122(a). Subchapter 25, Methods, Devices and Systems for Indirect Apportionment of Heating Costs in Multiple Dwellings, was adopted as , effective October 5, 1992. See: 24 1844(a), 24 3515(b). Pursuant to Executive Order No. 66(1978), Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective August 26, 1993. See: 25 2627(a), 25 4482(a). Subchapter 27, Child-Protection Window Guards, was adopted as new rules by , effective November 20, 1995.

3 See: 27 3149(a), 27 4695(b). Pursuant to Executive Order No. 66(1978), Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective July 24, 1998. See: 30 1462(b), 30 3068(a). Subchapter 28, Carbon Monoxide Alarms, was adopted as , effective August 16, 1999. See: 31 825(a), 31 2330(a). Page 2 of 5:10 Subchapter 1A, Local Enforcing Agencies and Subchapter 1B, Inspector Licensing, were adopted as , effective December 17, 2001 (operative July 1, 2002). See: 33 1983(a), 33 4311(a). Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective January 9, 2004. See: 35 1175(a), 36 648(a). Chapter 10, Maintenance of Hotels and Multiple Dwellings, was readopted as , effective June 16, 2009.

4 See: 40 4267(a), 41 2778(b). In accordance with 52 , Chapter 10, Maintenance of Hotels and Multiple Dwellings, was scheduled to expire on June 16, 2016. See: 43 1203(a). Subchapter 3, Hotel and Multiple dwelling Health and Safety Board, expired on June 16, 2016. Subchapters 1, 1A, 1B, 2, and 4 through 28 of Chapter 10, Maintenance of Hotels and Multiple Dwellings, were readopted, effective March 2, 2016. See: Source and Effective Date. Subchapter 29, Human Trafficking, was adopted as new rules by , effective January 16, 2018. See: 49 2620(a), 50 297(a).AnnotationsNotes Chapter Notes Research References & Practice AidsCHAPTER EXPIRATION DATE: Chapter 10, Maintenance of Hotels and Multiple Dwellings, expires on March 2, 2023.

5 NEW JERSEY ADMINISTRATIVE CODE Copyright 2021 by the New Jersey Office of Administrative LawEnd of 5 file includes all Regulations adopted and published through the New Jersey Register, Vol. 53 No. 20, October 18, 2021NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 10. MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS > SUBCHAPTER 1. ADMINISTRATION AND ENFORCEMENT 5 TitleThis chapter promulgated pursuant to 55:13A-1 et seq. of the Laws of New Jersey shall be known and may be cited as the "Regulations for Maintenance of Hotels and Multiple Dwellings", and are hereinafter referred to as "regulations". AnnotationsNotes Chapter Notes Case Notes Initial Decision (2007 AGEN LEXIS 651) adopted, which concluded that the New Jersey Bureau of Housing Inspection did not lack jurisdiction over a senior citizen affordable housing complex that was regulated and funded by Rural Development, an agency of the federal government; although the complex could not undertake any repair without Rural Development's approval, there was no conflict between the federal regulations, , 7 , , and the New Jersey Hotel and Multiple dwelling Law and regulations and hence no preemption.

6 However, the penalty against the complex for delay in making repairs was dismissed. Bureau of Housing Inspection v. Aloe Village Ltd. P'ship, OAL Dkt. No. CAF 6529-05, 2007 AGEN LEXIS 953, Final Decision (November 8, 2007). Inspection reports prepared by the Bureau in accordance with 55:13A-13(d) of the Hotel and Multiple Dwellings Law are official government records admissible under Rule of Evidence 1005 that constitute prima facie proof of conditions existing at the building on the dates indicated therein, absent any persuasive evidence to the contrary. Apartment owner's failure to challenge the initial report of inspection effectively conceded the initial violations. Nostrame v. Dep't of Community Affairs, Bureau of Housing Inspection, OAL Dkt.

7 No. CAF 05703-02 and CAF 11012-03 (On Remand), 2007 AGEN LEXIS 846, Final Decision (August 4, 2007).NEW JERSEY ADMINISTRATIVE CODE Copyright 2021 by the New Jersey Office of Administrative LawEnd of 5 file includes all Regulations adopted and published through the New Jersey Register, Vol. 53 No. 20, October 18, 2021NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 10. MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS > SUBCHAPTER 1. ADMINISTRATION AND ENFORCEMENT 5 Purpose(a)The purpose of this chapter is to provide reasonable minimum requirements and standards, based upon scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials, and forms and methods of maintenance for the regulation of the maintenance of hotels and multiple dwellings in the State of New Jersey in the interest of public safety, health and welfare, as well as to provide effective administrative structures for enforcement.

8 (b)The Bureau or a local enforcing agency shall have discretion not to enforce any maintenance requirement herein set forth in a particular case if it determines that the violation of such requirement in such case, if allowed to continue, would not jeopardize the health, safety or welfare of occupants or intended occupants or of the public generally. In no case, however, shall the Bureau or local enforcing agency fail to enforce any standards or requirements pertaining to fire safety, building security, occupancy, health or providing of required facilities or equipment except pursuant to an exception granted in accordance with 55 : Amended by , effective December 17, 2001 (operative July 1, 2002). See: 33 New Jersey Register 1983(a), 33 New Jersey Register 4311(a).

9 In (a), inserted ", as well as to provide effective administrative structures for enforcement"; in (b), inserted references to local enforcing agency following "Bureau" Chapter Notes NEW JERSEY ADMINISTRATIVE CODE Copyright 2021 by the New Jersey Office of Administrative LawEnd of 5 file includes all Regulations adopted and published through the New Jersey Register, Vol. 53 No. 20, October 18, 2021NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 10. MAINTENANCE OF HOTELS AND MULTIPLE DWELLINGS > SUBCHAPTER 1. ADMINISTRATION AND ENFORCEMENT 5 Administration and enforcement(a)The Bureau of Housing Inspection or local enforcing agency shall administer and enforce these rules. (b)Each municipality and county of the State may be authorized by the Commissioner to enforce the provisions of this chapter within the corporate limits thereof, subject to the supervision and control of the Commissioner.

10 Any such authorization shall be in accordance with the following terms and conditions: municipality or county shall comply with all provisions of the Act and regulations and with all directives of the Bureau issued pursuant thereto. Bureau shall create a reservation for the purchase of inspection services, from the municipality or county during each period from July 1 to the following December 31 and from January 1 to the following June 30 and shall give notice to the municipality or county of the amount of such reservation for each such period. The municipality or county may make requisitions against this reservation in amounts not to exceed credits earned up to the time of requisition. Said reservation may be decreased by the Bureau, if, in its sole discretion, it determines that the municipality or county cannot reasonably be expected to do enough work satisfactory to the Bureau to earn the full amount of the reservation before the end of the State 's fiscal year.