ASSEMBLY, No. 3555
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED FEBRUARY 5, 2024
Sponsored by:
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires inspection for pest infestation prior to certain demolitions.
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Women's Affairs Committee on May 5, 2025, with amendments.
An Act requiring pest inspections prior to certain demolitions, and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Closely-situated building” means any building that is 1[both]1 located 1:
(1)1 within 10 feet of the building to be demolished 1;1 and 1[located]
(2)1 on a different property 1than the building to be demolished1. “Demolition” means the act of forcing down all of a building pursuant to the standards of the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.), or forcing down part of a building when inspection and certification is required in accordance with rules and regulations adopted pursuant to subsection c. of this section.
“Infestation” means a significant presence of pests within or on the perimeter of a building, or both.
1“Local health agency” shall have the same meaning as set forth in section 3 of P.L.1975, c.329 (C.26:3A2-3).
“Local health officer” means a holder of a license as a health officer issued by the State Department of Health, pursuant to the “Local Health Services Act,” P.L.1975, c.329 (C.26:3A2-1 et seq.), to an individual who is a full-time employee of a local health agency or of any unit of government participating in a certified program.1
“Pest” means rat, mouse, roach, or any other animal 1or insect1 designated by the Commissioner of Environmental Protection as posing a significant risk of infesting adjacent properties following a demolition.
“Severe pest presence” means the existence of pests within or on the perimeter of a building, or both, at levels substantial enough to place any closely-situated building at risk for pest infestation as a result of demolition.
b. 1[(1)]1 In addition to requirements under the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.), P.L.1942, c.112 (C.40:48-2.3 et seq.), and any other statutory, regulatory, or local requirements, a building shall not be demolished without a certification1. The certification shall indicate whether the building contains a pest infestation that places any closely-situated building at risk for infestation. The certification shall be filed with the construction official prior to the issuance of a construction permit, and shall be issued1 by 1[either]:
(1)1 a 1local1 health officer 1[licensed by the State Department of Health pursuant to the “Local Health Services Act,” P.L.1975, c.329 (C.26:3A2-1 et seq.),] or employee of a local health agency;1 or
1(2)1 a commercial pesticide applicator certified by the Department of Environmental Protection for general and household pest control pursuant to the “Pesticide Control Act of 1971,” P.L.1971, c.176 (C.13:1F-1 et seq.).
1[The certification shall indicate the building a severe pest presence. Before] c. (1) Prior to1 issuing 1[such] a1 certification 1required pursuant to subsection b. of this section1, the 1local1 health officer 1[or another] ,1 local health agency employee, or pesticide applicator, shall inspect the building for a pest presence.
1(2)1 If a severe pest presence 1[does exist] exists1 , 1[then]1 the 1local1 health officer 1[or another] ,1 local health agency employee, or pesticide applicator, shall take the steps necessary to mitigate the pest presence down to acceptable levels. 1[Certification shall not be required prior to the demolition of a building for which no closely-situated building exists.]1
1[(2)] (3)1 The inspection 1required pursuant to this subsection1 shall 1[occur] be conducted1 no earlier than 1[two months] 60 days1 prior to the issuance of a construction permit for demolition. 1[The certification shall be filed with the construction official prior to the issuance of a construction permit. Any]1
1d. (1) A1 certification 1[that is]1 issued by a pesticide applicator 1[, and not by a health officer,]1 shall be filed with the 1local1 health officer1[, in addition to] and1 the construction official1[,]1 no later than five days prior to 1the issuance of the1 construction permit 1[issuance]1.
1(2)1 At any time prior to 1the issuance of the1 construction permit 1[issuance]1, the 1local1 health officer shall have 1the1 authority to disapprove of the pesticide applicator’s certification, and require a new inspection and new pest mitigation steps to be taken prior to 1the issuance of the1 construction permit 1[issuance]1.
1[(3)] e.1 The certification1[,]1 and associated inspection 1,1 and 1any required1 extermination, shall not be required1 :
(1) for the demolition of a building for which no closely-situated building exists within 10 feet of the building to be demolished; or
(2)1 if the construction official determines that an immediate danger is posed by the potential collapse of a structurally unsafe building.
1[(4)] f.1 The construction permit applicant shall be responsible for the cost of any 1[pest]1 inspection1[, extermination,]1 and certification required 1[under] pursuant to1 this section 1, and the cost of any extermination or mitigation measures required pursuant to subsections c. or e. of this section1 .
1[c.] g.1 On or before the first day of the sixth month next following enactment, the Commissioner of Environmental Protection, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), 1[and]1 in consultation with the Commissioner of Health, and the Director of the Division of Codes and Standards in the Department of Community Affairs, shall adopt any rules and regulations necessary for the implementation of this section, including, but not limited to, standards for the types of animals to be designated as pests, standards for the level of a pest presence that shall require extermination, acceptable methods of extermination, and the types of partial building demolitions that shall require inspection and certification.
The Commissioner of Health, and the Director of the Division of Codes and Standards in the Department of Community Affairs, shall also adopt any necessary rules and regulations to effectuate the purposes of this section.
2. This act shall take effect immediately, but subsections a. and b. of section 1 shall remain inoperative until the first day of the sixth month next following enactment.