Signing of Design Professional Self-Certification Act cheered as big win for development in state

The New Jersey Design Professional Self-Certification Act, a bill that requires the Department of Community Affairs to establish a design professional self-certification program, was signed into law this week by acting Gov. Nick Scutari.

Under the design professional self-certification program, DCA will certify architects and engineers who satisfy certain criteria set by the DCA commissioner to be “qualified design professionals.” Once approved by DCA, these professionals may self-certify that an application for a construction permit and a project’s plans and specifications comply with the state Uniform Construction Code and other applicable laws.

In addition, the bill requires municipal enforcing agencies to accept and review self-certified permit applications and accompanying documents and issue a permit depending on the scope of the project. DCA must establish a self-certification form and publish the form on its website for qualified design professionals to complete, sign and deliver to the enforcing agency.

The bill also authorizes DCA to conduct random audits of qualified design professionals to determine whether a construction permit application, and plans and other documents submitted in support of the application, comply with the requirements of the UCC and applicable laws.

“As the need for quality development grows within our state, it’s important that design professionals receive the proper certifications and permits in an effective and expeditious manner,” Scutari, the state Senate president (D-Clark), said. “This bill streamlines that process, allowing for construction projects to move forward so that New Jersey can better accommodate the increasing demand for small and large development projects.”

DCA Commissioner Jacquelyn Suárez said her team is ready to go.

“New Jersey Department of Community Affairs Division of Codes and Standards stands ready to administer the A4360 legislation that establishes a design professional self-certification program,” she said. “Under the bill, DCA would establish a program that permits a New Jersey architect or engineer to self-certify an application for a UCC construction permit, and the plans and specifications submitted for limited repair and renovation projects.

Suárez said the bill is a win-win.

“This is another example of how the (Gov. Phil) Murphy administration is working to streamline the construction process and respond to the evolving demands in the construction industry to better serve our residents,” she said.

Scutari was a prime sponsor of this bill in his role as Senate president, along with Assemblyman Robert Karabinchak (D-Edison). Other primary sponsors include Sen. Paul Sarlo (D-Wood-Ridge), Assembly Majority Leader Louis Greenwald (D-Voorhees) and Assemblyman Anthony Verrelli (D-Trenton).

“This self-certification program will be beneficial for local government as well as businesses and residents in their communities,” Sarlo said. “The complexity of construction practices places a burden on their ability to gain the required approvals for all the codes and standards in a timely way. Empowering the design professionals to oversee the process will help municipalities and other officials to support economic activity and maintain the quality of life in their communities.”

Another prime sponsor of the bill, Karabinchak, said it will have great impact.

“Far too often, construction projects get bogged up in permit applications or waiting for the right person to sign off on the necessary paperwork,” he said. “At a time when we are focused on addressing New Jersey’s housing crisis, this legislation will expedite the approvals process and get things moving faster.”

The bill was praised by business leaders.

“This is a very positive law in that it will save time for the business community, but also it will save money for taxpayers,” New Jersey Business & Industry Association President Michele Siekerka said. “When the governor, the Legislature and business community can work together to expedite certain building construction without compromising health or safety, it really is a win for everyone.”

Jeff Kolakowski, CEO of the New Jersey Builders Association, agreed.

“By empowering qualified experts to self-certify certain building code plans, this new law will leverage the private sector to create additional career and business opportunities and reduce the time and cost to complete residential projects,” he said. “After successful enactment of the inspection reform law 2 years ago, the governor and Legislature have once again responsibly reduced regulatory burdens that will in turn help to lower the cost of housing.”

NAIOP New Jersey CEO Dan Kennedy said the entirety of the state will benefit.

“Communities throughout New Jersey will benefit from this new law, because it will remove hurdles to economic development and contribute to the efficient and timely approval of construction projects,” he said. “NAIOP N.J. believes that alleviating costly delays is critical to the success of any commercial real estate development or redevelopment plan.”

And the New Jersey Chamber of Commerce praised the measure.

“Economic development projects in New Jersey are often subject to lengthy delays because of outdated and onerous construction permitting processes,” CEO Tom Bracken said. “This unfairly stalls projects and increases costs for developers. In the meantime, towns and cities miss out on the much-needed tax revenue that result from completed projects. The New Jersey Design Professional Self-Certification Act eliminates an impediment to economic development, while ensuring that projects are reviewed professionally and safely. It also results in our state becoming more business-friendly and helps in our quest to improve our competitiveness.”

His colleague, Michael Egenton, executive vice president, added: “The New Jersey Chamber of Commerce thanks Gov. Murphy and his team for supporting the bill and we commend Assemblyman Karabinchak, the bill’s prime sponsor. We also acknowledge NJDCA Commissioner Suárez, Sens. Scutari and Sarlo and Assemblymen Greenwald and Verrelli for getting this important bill to the finish line.”