46:3B-3 - New home warranty; prescribing by rule or regulation; procedures for processing claims; time periods - New Jersey Statutes

46:3B-3.  New home warranty;  prescribing by rule or regulation; procedures  for processing claims;  time periods
    a.  The commissioner is hereby authorized and directed to prescribe by rule  or regulation a new home warranty and procedures for the implementation and  processing of claims against the new home warranty security fund as provided  for in section 7a. of this act.  Such warranty shall include standards for  construction and of quality for the structural elements and components of a new  home with an indication, where appropriate, of what degree of noncompliance  with such standards shall constitute a defect.  Such rule or regulation shall  be adopted, and may be supplemented, amended or repealed in accordance with the  Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.),  provided, however, that a hearing shall be required prior to the adoption,  supplement, amendment or repeal of such rule or regulation.

    b.  The time periods of warranties established pursuant to this act are as follows:  (1) One year from and after the warranty date the dwelling shall be free from defects caused by faulty workmanship and defective materials due to noncompliance with the building standards as approved by the commissioner pursuant to paragraph 3a. of this act except as set forth in section 3b. (2) and (3).

    (2) Two years from and after the warranty date the dwelling shall be free from defects caused by faulty installation of plumbing, electrical, heating and  cooling delivery systems;  however, in the case of appliances, no warranty  shall exceed the length and scope of the warranty offered by the manufacturer.

    (3) Ten years from and after the warranty date for major construction defects as defined in this act.

    (4) However, any alternate program as provided for in section 8 of this act  submitted for approval, subsequent to the effective date of this act, may contain warranties and time periods greater than provided for in section 3b. (1), (2), and (3) of this act.

     L.1977, c. 467, s. 3.