Alert: A New Ordinance Enacted by Jersey City Requires Periodic Structural and Facade Inspections and Repairs of Multi-Story Buildings

September 24th, 2021 | Community Association Law Blog

By Eric F. Frizzell, Esq. and Vanessa Pena, Esq.

In August 2021, the City of Jersey City recently enacted a new ordinance pertaining to structural and façade inspections of multi-story buildings. The Jersey City Council passed this ordinance in August 2021 in response to the tragic events that took place involving the collapse of the Champlain Towers in Surfside, Florida.

Structural Inspection Requirements
Ordinance 21-054 requires that all concrete buildings more than six (6) stories in height undergo a visual structural inspection every ten (10) years by a licensed architect or engineer. This inspection must include inspection of foundations, balconies, all structural members, and waterproofing, and must be conducted in accordance with rules promulgated by the Jersey City Construction Code Official or his designee. The initial structural inspection in accordance with this Ordinance must be completed by December 31, 2022, and thereafter by December 31 of each year in which an inspection is mandated. The property owner (which includes condominium associations, cooperative corporations, and HOA’s) is responsible for having the inspection performed and paying for it.

The Ordinance requires a property owner to submit a written Structural Inspection Report prepared by a licensed architect or engineer to the Division of the Construction Code Official within thirty (30) days of the inspection. The report must (a) certify the results of the inspection; (b) clearly document the condition of the building’s structure, noting the conditions as safe or unsafe; and (c) provide repair and maintenance recommendations, if applicable, including information on which repairs are emergent, and a timeline for which all repairs must be made.

If the inspection indicates that structural repairs are needed, the property owner is responsible for all repairs and must “immediately” undertake such measures as may be required to secure public safety. All repairs must be made pursuant to the recommendations and timeline set forth in the Structural Inspection Report and in conjunction with the recommendations of the Construction Code Official. Another inspection will be required by a licensed architect or engineer, and the property owner must file an Amended Structural Inspection Report, within thirty (30) days of repairs being completed. If such repairs are not made in accordance with the recommendations and timeline set forth in the Structural Inspection Report and with the recommendations of the Construction Code Official, the Construction Code Official may shut down any buildings that pose an imminent threat to the safety and welfare of the occupants or residents of Jersey City.

Façade Inspection Requirement
The Ordinance also requires a façade inspection to be conducted every five (5) years by a licensed architect or engineer. Façade Inspections must be made to all buildings that are either more than six (6) stories in height, or consist of a masonry façade and are four (4) or more stories in height. Façade inspections must include inspection of all exterior walls and appurtenances and must be conducted in accordance with rules promulgated by the Jersey City Construction Code Official or his designee. The initial façade inspection must be completed by December 31, 2023, and thereafter by December 31 of each year in which an inspection is mandated.

Just as with structural inspection requirements, the Ordinance also requires that a property owner submit a written Façade Inspection Report prepared by a licensed architect or engineer to the Division of the Construction Code Official within thirty (30) days of the inspection. The report must (a) certify the results of the inspection; (b) clearly document the condition of the building’s façade, noting the conditions as safe or unsafe; and (c) provide any repair and maintenance recommendations, including information on which repairs are emergent, and a timeline for which all repairs must be made.

The Ordinance also requires property owners to comply with the same standards as with structural repairs, should repairs be necessary to the building’s façade. If the inspection indicates that repairs are needed to the building façade, the property owner is responsible for all repairs and must “immediately” undertake such measures as may be required to secure public safety. All repairs must be made pursuant to the recommendations and timeline set forth in the Façade Inspection Report and in conjunction with the recommendations of the Construction Code Official. Another inspection will be required by a licensed architect or engineer, and the property owner must file an Amended Façade Inspection Report, within thirty (30) days of repairs being completed. If such repairs are not made in accordance with the recommendations and timeline set forth in the Façade Inspection Report and with the recommendations of the Construction Code Official, the Construction Code Official may shut down any buildings that pose an imminent threat to the safety and welfare of the occupants or residents of Jersey City.

The Ordinance also establishes a $100.00 fee that the property owner must pay for the filing and review of each structural and façade inspection report.

The penalty for violating any provision of the Ordinance is (1) a fine of up to two thousand dollars ($2,000.00); and/or (2) imprisonment for a period of up to ninety (90) days; and/or (3) a period of community service of up to ninety (90) days.

We hope that this information provides helpful guidance regarding new structural and façade inspection requirements in Jersey City. If you have any questions or concerns pertaining to Ordinance 21-054 or any other community association law matter, please do not hesitate to contact our office.

Eric Frizzell
Vanessa Pena

This bulletin is for informational purposes only and does not constitute legal advice.