52:27D-198.2 Municipal officer, agency to determine compliance.
349 words·~2 min read·
/nj/title-52/chapter-27d/52-27d-198-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
2. a. In any case where a change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection, or other documentary certification of compliance with laws and regulations relating to safety, healthfulness, and upkeep of the premises, no such certificate shall issue until the municipal officer or agency responsible for its issuance has determined that the building is equipped with an alarm device or devices as required by section 1 of P.L.1991, c.92 (C.52:27D-198.1).
b. In the case of change of occupancy of any building subject to the requirements of section 1 of P.L.1991, c.92 (C.52:27D-198.1) to which the provisions of subsection a. of this section do not apply, no owner shall sell, lease, or otherwise permit occupancy for residential purposes of that building without first obtaining from the relevant enforcement agency under the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) a certificate evidencing compliance with the requirements of P.L.1991, c.92 (C.52:27D-198.1 et seq.).
A change of ownership of a structure which requires rehabilitation such that a new certificate of occupancy is required shall be exempted from this section, provided, however, that the structure shall not be occupied until the appropriate certificate is obtained pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.). In cases including a sheriff's sale, foreclosure, forfeiture, or purchase from an agency of the federal government where the structure purchased requires rehabilitation such that a new certificate of occupancy is required, and where a certificate evidencing compliance with the requirements of P.L.1991, c.92 (C.52:27D-198.1 et seq.) is not obtained, it shall be the responsibility of the purchaser to obtain the necessary certificates prior to occupancy.
The local governing body having jurisdiction over the said enforcing agency or, where the Division of Fire Safety is the enforcing agency, the Commissioner of Community Affairs shall establish a fee which covers the cost of inspection and of issuance of the certificate.
L.1991,c.92,s.2; amended 2005, c.71, s.2; 2025, c.19, s.2.