Lower fees among changes to Toms River's controversial home inspection law

TOMS RIVER -- Changes to a controversial new real estate certificate of occupancy law, including lowering the home inspection fee by $75, were introduced Wednesday night by the Township Council.

Councilman Josh Kopp said before the meeting that revisions to the law are being made after numerous discussions with real estate agents, several of whom have attended recent council meetings to complain about the continuing certificate of occupancy ordinance.

"The silent majority is really supportive," Kopp said. "They understand the need for this."

One of the key changes will be reducing the home inspection fee from $300 to $225. That fee will be $175 for those living in adult communities, including Greenbriar Woodlands, Lake Ridge, the Gardens of Pleasant Plains and Holiday City Silverton, Kopp said.

The reason for the lower adult community fee? The homes in those neighborhoods are "cookie-cutters. They are basically the same home," Kopp said. That means they are easier for inspectors to review.

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Council members voted 6 to 1 to introduce the revised law, with Councilman Justin Lamb voted against it after unsuccessfully trying to table the measure. Lamb, who earlier this month held a rally outside town hall to protest the inspection provisions, has described it as "government overreach."

Councilman Daniel Rodrick, who opposed the certificate of occupancy law when it was adopted in late December, voted in favor of the revised ordinance, noting that it lowered fees and would make it easier to get a continuing certificate of occupancy.

"Just to be clear, I do not support the CO," Rodrick said. "I voted against a CO. I am going to have to support it, for those reasons." Rodrick noted that it would take four votes to repeal the ordinance, and the council majority does not support a repeal.

Other changes to the law include:

A conditional certificate of occupancy can be issued by Toms River for homes that have no serious "life-safety" issues, to allow buyers to close on a property.

Buyers will have up to six months to repair a sidewalk at their new property, after signing a letter acknowledging the need for repairs.

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Home inspection certifications will be good for 270 days, up from 180 in the original ordinance.

The township will not charge for reinspections for minor issues.

There will no longer be a requirement for a pool bonding inspection, which ensures the grounding and safety of electrical installations at pools. Kopp said as long as the pool was inspected and certified when it was first installed, the township will not require a new inspection.

The township will accept proof that a heating and air conditioning system has been serviced in the past year before a sale; Toms River will also accept a home inspector's certification that the heating and air conditioning system is safe and in working order.

A public hearing and vote to adopt the revisions to the certificate of occupancy ordinance is scheduled for 6 p.m. Nov. 9 at town hall.

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Township council members and officials, including Engineer Robert J. Chankalian, have stressed that the purpose of the new law is to prevent homes from being sold issues that could threaten a buyer's safety, or with hidden damage that a buyer could be forced to spend thousands of dollars to rectify.

The continuing certificate of occupancy ordinance, which went into effect July 1, requires residential home sellers to pay $300 for a township inspector to conduct a physical inspection of the property, plus a records search to make sure there are no open or unresolved building, zoning, housing, code enforcement, or engineering conditions, violations or permits.

Real estate agent and Toms River resident Dominick Leone told the council that he thinks the cost of obtaining the certificate of occupancy should be borne by the buyer, and not the seller.

"Let the buyer take his burden like he should as a buyer," Leone said. "Let the seller sell his home."

Jean Mikle covers Toms River and several other Ocean County towns, and writes about issues related to Superstorm Sandy. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle,  jmikle@gannettnj.com.

This article originally appeared on Asbury Park Press: Toms River NJ home inspection law changes include lower fees