New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 1 - GENERAL PROVISIONS › Section 5:23-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Alteration" means the rearrangement of any space by the
				  construction of walls or partitions, the addition or elimination of any door or
				  window, the extension or rearrangement of any system, the installation of any
				  additional equipment or fixtures and any work which affects a primary structural
				  component.
"Billboard" means any sign which exceeds 32 square feet in area on
				  any face, except for signs which advertise or otherwise identify activities
				  performed upon the property on which the sign is located.
"Building" means a structure enclosed with exterior walls or fire
				  walls, built, erected and framed of component structural parts, designed for the
				  housing shelter, enclosure and support of individuals, animals or property of any
				  kind. When used herein, building and structure shall be interchangeable except where
				  the context clearly indicates otherwise.
"Building subcode official" means a qualified person appointed by
				  the municipal appointing authority or the commissioner pursuant to the act and the
				  regulations to enforce the provisions of the building subcode within the
				  jurisdiction of the enforcing agency.
"Business day" means any day of the year, exclusive of Saturdays,
				  Sundays, and legal holidays.
"Certificate of approval" means a certificate issued pursuant to
				  N.J.A.C.
				  5:23-2 upon completion of work that requires a
				  construction permit but not a certificate of occupancy.
"Certificate of compliance" means the certificate provided for in
				  N.J.A.C.
				  5:23-2 and 12, indicating that potentially
				  hazardous equipment is being maintained in accordance with the Act and this
				  chapter.
"Certificate of continued occupancy" means the certificate
				  provided for in N.J.A.C. 5:23-2, indicating that as a
				  result of a general inspection of the visible parts of the building, no violations
				  of 5:23-2.14 have been determined to have occurred and no unsafe conditions
				  violative of 5:23-2.32 have been found, and that the existing use of the building
				  has heretofore lawfully existed.
"Certificate of occupancy" means the certificate provided for in
				  N.J.A.C.
				  5:23-2, indicating that the construction
				  authorized by the construction permit has been completed in accordance with the
				  construction permit, the act and the regulations.
"Change of use" means a change from one use to another use in a
				  building or tenancy or portion thereof.
"Class 1 structure" means a structure not listed in 5:23-4.3A(d)1
				  i through vi or 2ii through xxii.
"Class 2 structure" means a structure listed in 5:23-4.3A(d)2 ii
				  through xxii.
"Class 3 structure" means a structure listed in 5:23-4.3A(d)1 i
				  through vi.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs.
"Construction Board of Appeals" means the board provided for in
				  N.J.A.C. 5:23A.
"Construction official" means a qualified person appointed by the
				  municipal appointing authority or the commissioner pursuant to the act and the
				  regulations to enforce and administer the regulations within the jurisdiction of the
				  enforcing agency.
"Construction permit" means an authorization to begin work subject
				  to the conditions established in subchapter 2 of this chapter.
"Department" means the Department of Community Affairs.
"Effective date" means, in the case of a new rule, amendment or
				  repeal, the date of promulgation in the New Jersey Register. The effective date of a
				  readoption is the date of filing with the Office of Administrative Law.
"Electrical subcode official" means a qualified person appointed
				  by the municipal appointing authority or the commissioner pursuant to the act and
				  the regulations to enforce and provisions of the electrical subcode within the
				  jurisdiction of the enforcing agency.
"Electric vehicle service equipment (EVSE)" or "electrical vehicle
				  supply equipment" means the equipment, including the cables, cords, conductors,
				  connectors, couplers, enclosures, attachment plugs, power outlets, power
				  electronics, transformer, switchgear, switches and controls, network interfaces,
				  point-of-sale equipment, and associated apparatus designed and used for the purpose
				  of transferring energy from the electric supply system to a plug-in electric
				  vehicle. "EVSE" may deliver either alternating current or, consistent with fast
				  charging equipment standards, direct current electricity. "EVSE" is synonymous with
				  "electric vehicle charging station."
"Elevator" or "elevator device" means a hoisting and lowering
				  device equipped with a car or platform which moves in guides for the transportation
				  of individuals or freight in a substantially vertical direction through successive
				  floors or levels of a building or structure; or a power driven, inclined, continuous
				  stairway used for raising or lowering passengers; or a type of passenger carrying
				  device on which passengers stand or walk, and in which the passenger carrying
				  surface remains parallel to its direction of motion and is uninterrupted. This
				  includes, but it is not limited to, elevators, escalators, moving walks,
				  dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts and any device within
				  the scope of ASME A17.1 (Safety Code for Elevators and Escalators) or ASME A90.1
				  (Safety Standards for Belt Manlifts).
"Elevator subcode official" means a qualified person appointed by
				  the municipal appointing authority or the Commissioner, pursuant to the Act and this
				  chapter, to enforce the provisions of any subcode specifically designated for such
				  enforcement in N.J.A.C. 5:23-3 within the jurisdiction
				  of the enforcing agency.
"Enforcing agency" means the municipal or State administrative
				  entity charged with the administration and enforcement of the regulations consisting
				  of the construction official, subcode officials and assistants thereto appointed in
				  accordance with 52:27D-126 of the act and the regulations.
"Equipment" means plumbing, heating, electrical, ventilating, air
				  conditioning, refrigerating and fire prevention equipment, and elevators, dumb
				  waiters, escalators, boilers, pressure vessels and other mechanical facilities or
				  installations, which are related to building services and shall not include
				  manufacturing, production or process equipment, but which shall include connections
				  from building service to process equipment.
"Facility" for the purpose of applying for an annual permit means
				  exclusive of a hotel/casino, a building or group of buildings under common ownership
				  or control and whose maintenance work is performed under the direct supervision of a
				  maintenance supervisor.
"Fire protection subcode official" means a qualified person
				  appointed by the appropriate appointing authority or the commissioner pursuant to
				  the act and the regulations to enforce those portions of any subcode, specifically
				  designated for such enforcement in
				  N.J.A.C.
				  5:23-3 within the jurisdiction of the enforcing
				  agency.
"Ground sign" means a sign mounted on the ground or on multiple
				  pole supports with its lower edge less than 15 feet above grade measured at the
				  longest pole.
"Group" means the classification of an occupancy (also see "Use
				  Group").
"Health care facility" means the facility or institution, whether
				  public or private, engaged principally in providing services for health maintenance
				  organizations, diagnosis or treatment of human disease, pain, injury, deformity or
				  physical condition, including but not limited to a general hospital, special
				  hospital, mental hospital, public health center, diagnostic center, treatment
				  center, rehabilitation center, extended care facility, skilled nursing home, nursing
				  home, intermediate care facility, tuberculosis hospital, chronic disease hospital,
				  maternity hospital, outpatient clinic, dispensary, home health care agency, home for
				  the sheltered care of adult persons, and bioanalytical laboratory or central
				  services facility serving one or more such institutions, but excluding institutions
				  that provide healing solely by prayer.
1.
				This definition shall not be deemed to include nurses, doctors, or other staff
				housing not attached in accordance with minimum fire separation standards in the
				building subcode; administrative offices not attached in accordance with minimum
				fire separation standards in the building subcode; parking garages, or other such
				facilities for which the Federal government does not impose standards as a condition
				of funding.
"Hearing examiner" means a person appointed by the commissioner to
				  conduct hearings, summarize evidence and make findings of fact.
"Lead abatement" means a process designed either to mitigate or to
				  eliminate permanently lead-based paint hazards on a premises and includes, but is
				  not limited to: the removal of lead-based paint and lead-contaminated dust; the
				  containment or encapsulation of lead-based paint; the replacement of lead-painted
				  surfaces or fixtures; the removal or covering of lead-contaminated soil; and all
				  preparation, cleanup, disposal and post-abatement clearance testing activities
				  associated with such measures. "Lead abatement" shall not include painting,
				  woodworking, structural renovation or other indoor or outdoor contracting services
				  that may result in the disturbance of paint, unless it is evident from the
				  statements and/or actions of a person or persons authorizing or performing such
				  services that an objective of the work is the mitigation or permanent elimination of
				  a lead-based paint hazard.
"Lead evaluation" means a surface-by-surface investigation to
				  determine the presence and condition of lead-based paint and the provision of a
				  report explaining the results of the investigation, including, but not limited to,
				  hazards and recommendations for abatement.
"Maintenance" means the replacement or mending of existing work
				  with equivalent materials or the provision of additional work or material for the
				  purpose of the safety, healthfulness and upkeep of the structure and the adherence
				  to such other standards of upkeep as are required in the interest of public safety,
				  health and welfare.
"Make-ready" means the pre-wiring of electrical infrastructure at
				  a parking space, or set of parking spaces, to facilitate easy and cost-efficient
				  future installation of EVSE including, but not limited to, Level Two EVSE and direct
				  current fast chargers (DCFC). Make-ready includes expenses related to service
				  panels, junction boxes, conduit, wiring, and other components necessary to make a
				  particular location able to accommodate EVSE on a "plug and play" basis. For the
				  purpose of this definition, Level 2 EVSE operates on a 40 to 100 amp breaker on a
				  208 or 240 volt AC circuit. DCFC operates on a 60 amp or higher breaker on a 480
				  volt or higher three phase circuit with special grounding equipment. DCFC stations
				  can also be referred to as rapid charging stations.
"Manufactured home" means a structure with respect to which the
				  manufacturer has filed a certification required by the Secretary of the United
				  States Department of Housing and Urban Development and which complies with the
				  standards established under 42
				  U.S.C. §§
										5401 et seq.
"Manufacturing, production, and process equipment" means all
				  equipment employed in a system of operations for the explicit purpose of the
				  production of a product. Manufacturing, production, and process equipment shall
				  include, but is not limited to, the following:
1. Electrical generation equipment, such as
				turbines, condensors, generators, and the like;
2. Electrical transmission equipment such as
				transformers, capacitors, regulators, switchgears, and the like;
3. Air pollution equipment, such as
				scrubbers;
4. Metal working equipment,
				such as castings, screen machines, grinders, lathes, presses, drills, welders, and
				the like;
5. Material handling
				equipment, such as rollers, control belts, and the like;
6. Packaging equipment, such as bottling
				machines;
7. Process drying equipment,
				such as ovens, kettles, fans, and the like;
8. Finishing equipment, used for such purposes as
				heat treatment, plating, painting, and the like;
9. Petrochemical refinery/plant equipment used for
				distillation, conversion, treatment, and blending;
10. Electric, steam, pneumatic- or
				hydraulic-actuated equipment, such as motors, pumps, compressors, and the
				like;
11. Tanks which constitute part of
				a controlled industrial process, including those tanks containing flammable and
				combustible liquids, together with the dikes surrounding the tanks;
12. All piping used to transport products to and
				between industrial processes; any piping connected to the potable water supply
				downstream of an appropriate backflow prevention device; and any piping located
				upstream of the first joint at the outlet of the equipment or upstream of the
				indirect connection to the sanitary or storm sewer;
13. Pipe racks, hangers, and the like that support
				the process piping and the storage racks for the raw materials and finished
				products. Building structural systems supporting the racks, hangers, storage loads,
				and the like are excluded from the definition of process equipment, except that pipe
				support units that include a foundation and support steel shall be included as
				process equipment when they do not transfer loads to structures whose main function
				is other than supporting process pipe;
14. Boilers, pressure vessels, furnaces, and the
				like used exclusively for industrial process;
15. Pre-wired and/or pre-engineered (bearing name
				plate) electro-mechanical equipment or machinery used exclusively for an industrial
				process; and
16. Electrical work which
				forms a part of the power or control system of industrial process equipment, up to
				the point where that work connects to the plant electrical distribution system. Such
				a point shall be considered a suitable junction box, panel board, disconnect switch,
				or a terminal box which constitutes the final connection to the factory-installed
				equipment wiring. Where these items are not supplied as a part of the equipment,
				they shall be subject to local enforcing agency jurisdiction.
"Minor work" means construction work undertaken in existing
				  structures, requiring no plan review, not altering in any way the structural members
				  of a building and meeting the definition set forth in
N.J.A.C.
				  5:23-2 7A
.
"Municipality" means any city, borough, town, township or
				  village.
"Municipal Procedures Manual" means the book established by the
				  Commissioner, effective January 1, 1984, and any subsequent revisions, detailing the
				  steps to be followed in completing, processing and filing the standards forms, logs
				  and reports required for administration and enforcement of the State Uniform
				  Construction Code.
"Operative date" means the date upon which the Department and
				  local enforcing agencies shall enforce, and all parties shall comply with, an
				  effective rule. Unless otherwise provided in the notice of adoption published in the
				  New Jersey Register, the effective date is the operative date.
"Ordinary maintenance" means restoration or improvement of a
				  routine or usual nature which is done by replacing a part of, or putting together,
				  something that is worn or broken in a building, electrical, plumbing, heating,
				  ventilation or air conditioning system and meeting the definition set forth in
				  5:23-2.7.
"Owner" means the owner or owners in fee of the property or a
				  lesser estate therein, a mortgagee or vendee in possession, an assignee of rents,
				  receiver, executor, trustee, lessee or any other person, firm or corporation,
				  directly or indirectly in control of a building, structure or real property and
				  shall include any subdivision thereof of the State.
"Plans and specifications" means and includes all of the written,
				  graphic and pictorial documents prepared or assembled for describing the design,
				  location and physical characteristics of the elements of the project controlled by
				  these rules and necessary for obtaining a permit. They shall be drawn to an
				  appropriate scale. Where the plans and specifications show, describe or document
				  features of the project not controlled by these rules, the portion(s) of the plans
				  and specifications showing features not controlled by these rules shall not be
				  considered to be "plans and specifications" within the meaning of this
				  definition.
"Plumbing subcode official" means a qualified person appointed by
				  the municipal appointing authority or the commissioner pursuant to the act and the
				  regulations to enforce the provisions of the plumbing subcode within the
				  jurisdiction of the enforcing agency.
"Premanufactured system" or "premanufactured construction" means
				  an assembly of materials or products that is intended to comprise all or part of a
				  building or structure and that is assembled off-site by a repetitive process under
				  circumstances intended to insure uniformity of quality and material content. The
				  term shall include, but not be limited to, manufactured homes and
				  industrialized/modular buildings.
"Primary function space" means a room or space housing a major
				  activity for which the building or tenancy is intended, including, but not limited
				  to, office area, auditorium, assembly space, dining room, bar or lounge, warehouse,
				  factory, dwelling, care, confinement, retail, and educational spaces, but not
				  including kitchens, bathrooms, storage rooms or other spaces supporting a primary
				  function space. A building or tenancy may contain more than one primary function
				  space.
"Prior approvals" means the necessary certifications or approvals
				  issued or authorized by any Federal or State agency, or any political subdivision of
				  the State, which are not inconsistent with this chapter and which are conditions
				  precedent to the issuance of a construction permit or a certificate of occupancy or
				  approval, as the case may be. Prior approvals shall include, but not be limited to,
				  the following:
1. Zoning;
2. Soil erosion and sediment control;
3. Highway curb cuts;
4. Water and sewer treatment works
				approvals;
5. Coastal areas facilities
				review;
6. Compliance of underground
				storage tank systems with N.J.A.C. 7:14B;
i. An
				approval granted by the Department of Environmental Protection or the construction
				official by authority of N.J.A.C. 7:14B shall be deemed to be a prior
				approval;