Legislation Allowing Self-Certification by New Jersey Architects to Obtain A Building Permit Advances

June 29, 2024

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Legislation Allowing Self-Certification by New Jersey Architects to Obtain A Building Permit Advances

Legislation supported by AIA-NJ has passed the Assembly (74-2) and Senate (38-1) and awaits signature from Governor Murphy.  If enacted, the bill will establish a program through which the Commissioner of Community Affairs must certify an architect or engineer who satisfies certain criteria to be a qualified design professional.  This certification enables qualified design professionals to take responsibility for a construction project’s compliance with the State Uniform Construction Code (UCC), and to self-certify that an application for a construction permit, and the plans and specifications submitted therewith, comply with the UCC and other applicable laws.

Highlights of the bill include:

 

  • Requiring an enforcing agency to: accept a self-certified permit application and accompanying documents; conduct a supervisory check acknowledging the enforcing agency’s receipt of all materials required under the UCC; and issue a permit within one to five calendar days following receipt of a submission, depending on the scope of the project. 

 

  • Directing the DCA to establish eligibility requirements for a design professional to qualify to participate in the self-certification program. 

 

  • Requiring that a qualified design professional remain with the project until the project is signed off or approved by the enforcing agency; otherwise, the enforcing agency is to require that the project cease until satisfaction with certain criteria.

 

  • Requiring the DCA to establish a design professional of record self-certification form, and requires a qualified design professional of record to complete, sign, and deliver the completed form to the enforcing agency together with the construction permit application and accompanying documents.  The bill requires a qualified design professional to submit a design professional of record self-certification statement, and the qualified design professional’s attestation concerning:
    • the veracity and correctness of information provided in the permit application, accompanying plans, and other documents submitted in support of the application;
    • approval of the project and acknowledgment that the construction permit is subject to audit and revocation under certain circumstances;
    • promptness related to the submission of various materials;
    • acknowledgment that failure to take specified remedial measures to conform submitted plans and construction to the requirements of the UCC may result in revocation of self-certification privileges and notice to the appropriate State professional licensing board; and
    • compliance with the requirements established by the Commissioner.

The bill requires the DCA, within three years following the effective date of the bill: to undertake a study, in consultation with the Code Advisory Board, to determine construction activity that may be added to the self-certification program; and to prepare and submit a report to the Governor and the Legislature regarding the self-certification program and the results of the study.

AIA-NJ applauds the primary sponsors of this legislation, Senate President Nick Scutari, Senator Paul Sarlo, Assemblyman Robert Karabinchak, and Assembly Majority Leader Lou Greenwald.

If you would like to read the full text of the legislation you can click here:  https://pub.njleg.state.nj.us/Bills/2024/A4500/4360_R1.PDF

 

Matthew S. Halpin, MBA
Executive Director, AIA New Jersey

414 River View Plaza | Trenton, NJ 08611
P: 609-393-5690 | E: mhalpin@njpsi.com

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