Bill > A2546

Introduced Session

This bill, titled the "New Jersey Design Professional Self-Certification Act," would establish a program through which architects and engineers, who become certified as "qualified design professionals," could: (1) take responsibility for the construction code compliance of certain construction projects, and (2) "self-certify" that the construction permit application and accompanying documents comply with the State Uniform Construction Code and the requirements of other applicable laws. Property owners would have the option of hiring a qualified design professional in order to take advantage of this self-certification program, or submitting their applications for building permits through the current approval process. Current law requires a local enforcing agency to grant, in whole or in part, or deny an application for a construction permit within 20 business days. Under the bill, the Department of Community Affairs would accept a permit application and accompanying documents that are self-certified by a qualified design professional and, after a supervisory check, issue a permit within one to five calendar days, depending on the scope of the project. The bill directs the Commissioner of Community Affairs to establish requirements for design professionals to qualify to participate in the self-certification program, which would include successful completion of a course of instruction. The bill authorizes the commissioner to exclude certain classes or types of occupancy posing special or unusual hazards to public safety from the self-certification program. The bill provides that for each project, the qualified design professional of record must furnish to the department a certificate of professional liability insurance with limits of no less than $500,000 per claim and $1,000,000 in the aggregate, and a "Professional of Record Self-Certification Statement." For each project, the qualified design professional of record must submit to the department an "Owner Certification Statement" and an "Owner Hold Harmless Letter," both of which must be signed and dated by the owner. The "Owner Certification Statement" certifies that the owner · authorized the work identified in the permit application and accompanying plans, · will take all measures necessary to correct any false facts stated in the permit application,· understands that the project is being approved for a building permit subject to audit or field inspection by the department, and· if necessary, will bring the plans and all construction completed under the permit into conformity with requirements of the construction code and other applicable laws. In the "Owner Hold Harmless Letter," the owner agrees to:· protect, defend, indemnify and hold harmless the municipality and the State of New Jersey against claims connected with the self-certified project, and · remove or modify, at the owner's own expense, any component of construction found to not conform to the construction code or any other applicable law or to any permit issued under the self-certification program. Self-certified projects would be subject to random audit by the department to determine whether the plans and projects comply with the requirements of the State Uniform Construction Code and other applicable laws. The bill directs the department to design and implement audits to measure the efficiency of the self-certification program. The bill empowers the commissioner to exclude, suspend or otherwise sanction a qualified design professional for cause.

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Erik Peterson (R)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document