RESOLUTION #2007-106

AUTHORIZING OCEAN COUNTY TO PROVIDE BUILDING

INSPECTION SERVICES FOR BUILDERS WHICH HAVE A CONFLICT OF INTEREST WITH THE BOROUGH OF HARVEY CEDARS

WHEREAS the Department of Community Affairs adopted a regulation codified in N.J.A.C. 5:23-4.5 (l) 2 (j) 1 providing that “No person employed by an enforcing agency as a construction or sub-code official or as an inspector shall carry out any inspection or enforcement procedure with respect to any property or business in which . . . any other public official or employee having any direct or indirect control over the funding or operations of the enforcing agency or any close relative or household member of any such public official or employee, has an economic interest. . . ”; and

WHEREAS N.J.A.C. 5:23-4.5 (l) 2 (j) 1 provides, “Where an inspection or enforcement procedure is necessary or required in any such property or business and there is no other person employed by the enforcing agency who is qualified, pursuant to this chapter, to perform the inspection or enforcement procedure and who is not a subordinate of the person with the direct or indirect economic interest in such property or business, the official or inspector shall arrange for the inspection or enforcement to be carried out either by another local enforcing agency or by the department.”; and

WHEREAS in order to comply with said regulations, the Construction Code Official for the Borough of Harvey Cedars recommends the Ocean County Construction Inspection Department to perform said inspections.

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Borough of Harvey Cedars designates the Ocean County Construction Department as the alternate Construction Official to review plans and issue permits for conflict of interest builders pursuant to N.J.A.C. 5:23-4.5.

PASSED ON:  December 7, 2007