Who can appeal?

A person who is aggrieved by any ruling, action, notice, order or decision of a local enforcing agency that enforces either the State Uniform Construction Code or the Uniform Fire Code, including, without limitation, any refusal to grant an application or any failure or refusal to act upon an application, but not including any order requiring the taking of emergency measures pursuant to N.J.A.C. 5:23-2.32(b), may file an application for a hearing with the secretary of the Essex County Construction Board of Appeals having jurisdiction. (5:23A-2.1(a))

Appeal Procedures

Any such application shall be filed by the 15th day after receipt by the person of written notice of the ruling, action, order or notice complained of, or, in the case of inaction by a local enforcing agency, by the 15th day after the expiration of the period allowed for action by the local enforcing agency. (5:23A-2.1(a)1)

In cases arising under P.L. 1995, c54, an applicant for approval who is aggrieved by any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer, may file an appeal with the county Essex County Construction Board of Appeals. (5:23A-2.1.1(b))

Any such appeal shall be filed with 45 days from receipt of the informational copy of the professional's brochure or the notice from the municipal engineer, as the case may be; provided, however, that if the professional has not supplied an applicant with an informational copy of the voucher, any appeal shall be filed with 60 days of receipt of the municipal statement of activity against the deposit or escrow account. (5:23A-2.1.1(b)1)

An applicant may file an appeal regarding an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges; such charges need not be appealed individually. (5:23A-2.1(b)2)

How to file an Appeal

In order for an appeal to be processed you must supply the following items.

A completed application form. Download the Application Form
A copy of the violation notice from the municipality.
A non-refundable check for $100.00 made out to the Essex County Essex County Construction Board of Appeals.