§ 10-1.7. Inspections; right of entry; stop-work orders.  


Latest version.
  • a. 

    The Construction Code Enforcing Agency shall periodically inspect all construction undertaken pursuant to a construction permit issued by it to ensure that the construction or alteration is performed in accordance with law and with the conditions of the construction permit.

    b. 

    The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the Construction Code Enforcing Agency, of the entire premises and of any and all construction being performed on it until a Certificate of Occupancy has been issued. An inspector or team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises and any and all construction thereon, for purposes of ensuring compliance with the provisions of the applicable construction permit and other applicable laws and regulations. All inspection pursuant to this section shall be between the hours of 9:00 a.m. and 5:00 p.m.; however, inspections may be conducted at other times if the Construction Code Enforcing Agency has reasonable cause to believe that an immediate danger to life, limb or property exists or if permission is given by an owner or his agent, architect, engineer or builder. No person shall accompany an inspector or team of inspectors on any inspection pursuant to this section unless his presence is necessary for the enforcement of this ordinance or the Act (P.L. 1975, c. 217), and regulations adopted pursuant thereto (N.J.A.C. 5:23), or unless consent is given by an owner or his agent, architect, engineer or builder.

    c. 

    If the construction of a structure or building is being undertaken contrary to the provisions of a construction permit, this section or other applicable laws or ordinances, the Construction Code Enforcing Agency may issue a stop-construction order in writing which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. No person shall continue, or cause or allow to be continued, the construction of a building or structure in violation of a stop-construction order, except with the permission of the Construction Code Enforcing Agency in order to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the Construction Code Enforcing Agency may apply to the appropriate court as otherwise established by law for an order enjoying the violation of the stop-construction order. The remedy for violation of such an order provided in this subsection shall be in addition to, and not in limitation of, any other remedies provided by law or ordinance.

    d. 

    Neither an appeal to the Gloucester County Construction Board of Appeals nor an appeal to the Department of Community Affairs nor an appeal to a court of competent jurisdiction shall automatically stay any order to stop construction issued pursuant to this section or prevent the seeking of an order in a court of competent jurisdiction to enjoin the violation of a stop-construction order.

Ord. No. 0-3-77; 1967 Code § 11-6