reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.14 - Private on-site inspection and plan review agencies; administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Records shall be maintained by the "on-site
				inspection agency" of all inspections, applications and plans reviewed and any other
				information that may be required by the municipal construction official or the
				Department. These records shall be open to Department audit and shall not be
				destroyed or removed from the offices of the on-site inspection agency without the
				permission of the Department.
(b) The
				on-site inspection agency shall provide the Department with the following:
1. A copy of each executed contract and all
				amendments thereto, including any attachments containing any terms of the agreement,
				to be submitted at least 10 days prior to their effective date. Any subsequent
				amendments shall also be submitted;
2. A
				list of the municipalities served, and a current list of names, addresses and
				telephone numbers of the agency's designated representatives actually serving as
				subcode officials or inspectors in each municipality, who may be contacted in
				connection with routine matters during normal working hours and, in the event of
				emergency, during other than normal working hours;
3. A list of names, certification numbers,
				addresses and telephone numbers of all technical personnel employed; and
4. Monthly reports, due on the 15th of every month
				covering the period of the previous month, setting forth the following:
i. The number of inspections performed under each
				subcode in each municipality and the number of inspections performed under each
				subcode in each municipality more than 72 hours after the receipt of an inspection
				request by the construction official or the subcode official, whichever occurs
				first.
ii. The total number of
				inspections, broken down by subcode discipline, performed by the private agency
				during the reporting period and the total number of subcode officials and inspectors
				available during the reporting period, expressed as full-time equivalent (FTE). For
				purposes of this report, one FTE shall be the total number of subcode official and
				inspector hours worked during the reporting period divided by eight, divided by the
				number of working days in the reporting period. All days other than Saturdays,
				Sundays and official holidays shall be considered working days;
iii. The total payments received from each
				municipality during the reporting period; and
iv. The total amount billed to each municipality
				during the reporting period.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.15 - Suspension and revocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General:
1. In addition to any other remedies provided by
				the regulations, the Department may suspend or revoke its authorization of any
				private on-site agency if the Department determines that the authorization or
				reauthorization was based on the submission of fraudulent or materially inaccurate
				information, or that the authorization or reauthorization was issued in violation of
				the regulations, or that a change of facts or circumstances make it unlikely that
				the inspection agency can continue to discharge its responsibilities under the
				regulations in a satisfactory manner, or that the inspection agency has violated the
				regulations.
2. During the period of
				suspension the affected agency shall not be authorized to discharge any of its
				responsibilities under the regulations unless otherwise specified in the notice of
				suspension or order of the department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.16 - Supplemental private on-site inspection agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall
				not apply for any inspection responsibilities reserved to the State pursuant to
				N.J.A.C.
				5:23-3.11 and 3.11A.
(b) Supplemental private on-site inspection
				agencies authorized pursuant to
				N.J.A.C.
				5:23-4.12 may perform required, specific
				inspections for projects or project components pursuant to
				N.J.A.C.
				5:23-2.17A or 2.18, or as needed pursuant to a
				contract between an enforcing agency and the supplemental private on-site inspection
				agency.
(c) In addition to the
				requirements set forth in this section, supplemental private on-site inspection
				agencies shall also comply with
				N.J.A.C.
				5:23-4.12, 4.13, 4.14, 4.15, and 4.21 for those
				requirements that relate to inspections.
(d) An enforcing agency may, at its discretion,
				enter into a contract with private on-site inspection agencies to conduct on-site
				inspections on a supplemental or project-specific basis.
1. Contracts between enforcing agencies and
				supplemental private on-site inspection agencies pursuant to this section shall be
				considered specialized services allowing for the use of competitive contracting
				pursuant to N.J.S.A. 40A:11-4.1.
2. A copy of this contract shall be provided to
				the Department upon entering into the contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.17 - Municipal enforcing agency fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Ordinance: The
				municipality shall set enforcing agency fees by ordinance for the following
				activities: plan review, construction permit, certificate of occupancy, certificates
				of continued occupancy, demolition permit, elevator permit and sign permit.
1. The municipality shall include in any such
				ordinance all fees pertaining to the operations of the enforcing agency, including
				those for which the department has not set standards, such as fees for reinstatement
				of lapsed permit. All minimum fees shall be stipulated. Fees may be rounded to
				nearest dollar amount if the municipality's ordinance so provides.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.18 - Standards for municipal fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General:
1. The fee for plan review, computed as a
				percentage of the fee for a construction permit, shall be paid at the time of
				submission of an application for a permit. The amount of this fee shall then be
				deducted from the amount of the fee due for a construction permit, when the permit
				is issued; provided however, that the municipality may provide by ordinance that the
				plan review fee be paid at the time of granting the permit. Plan review fees are not
				refundable.
2. The fee to be charged for
				a construction permit will be the sum of the basic construction fee computed in
				accordance with (c) below herein plus any applicable special fees, such as elevator
				or sign fees. This fee shall be paid before a permit is issued.
3. The fee to be charged for a certificate of
				occupancy shall be paid before a certificate is issued. This fee shall be in
				addition to the construction permit fee;
4. The fee to be charged for an annual
				construction permit shall be charged annually. This fee shall be a flat fee based
				upon the number of maintenance workers employed by the facility and who are
				primarily engaged in work that is governed by a subcode. Managers, engineers and
				clericals shall not be considered maintenance workers for the purposes of
				establishing the annual construction permit fee. Annual permits may be issued for
				building/fire protection, electrical and plumbing. Annual permit fees shall be
				non-refundable.
5. Prior to the issuance
				of the annual permit, a training registration fee of $ 140.00 per subcode and a list
				of not more than three individuals to be trained per subcode shall be submitted by
				the applicant to the municipal construction official, who shall forward the fee and
				list to the Department of Community Affairs, Bureau of Code Services, Training
				Section along with a copy of the construction permit (Form F170). Checks shall be
				made payable to "Treasurer, State of New Jersey." The Department shall register
				these individuals and notify them of the courses being offered.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.19 - New Jersey State permit surcharge fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to provide
				for the training and certification and technical support programs required by the
				Act, an enforcing agency, including the Department when acting as the local agency,
				shall collect a surcharge fee to be based upon the volume of new construction within
				the municipality. Said fee shall be accounted for and forwarded to the Division of
				Codes and Standards in the manner herein provided.
(b) Amount: This fee shall be in the amount of $
				0.00371 per cubic foot volume of new buildings and additions. Volume shall be
				computed in accordance with
				5:23-2.28. The fee for all other
				construction shall be $ 1.90 per $ 1,000 of value of construction.
1. No fee shall be collected for preengineered
				systems of commercial farm buildings.
2.
				No fee shall be collected for permits to perform asbestos abatement or lead
				abatement.
3. No fee shall be collected
				for permits for the construction or rehabilitation of residential units that are to
				be legally restricted to occupancy by households of low or moderate income, as
				defined in 5:43-1.5.
4. No fee shall be collected for demolition of
				buildings or structures.
5. No fee shall
				be collected for work consequential to a natural disaster when the local code
				enforcement agency is waiving its fee.
6. The minimum permit surcharge fee shall be $
				1.00.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.20 - Department fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General:
1.
				The fee for plan review, computed as a percentage of the fee for a construction
				permit, shall be paid at the time of application for a permit. The amount of this
				fee shall then be deducted from the amount of the fee due for a construction permit,
				when the permit is issued. Plan review fees are not refundable.
2. The fee to be charged for a construction permit
				will be the sum of the basic construction fee plus all applicable special fees, such
				as elevator or sign fees. This fee shall be paid before a permit is
				issued.
3. The fee to be charged for a
				certificate of occupancy shall be paid before a certificate is issued. This fee
				shall be in addition to the construction permit fee.
4. Where the Department, pursuant to
				5:23-4.24, is designated as the plan
				review agency, or when the Department has been requested to provide plan review
				services by a municipality pursuant to
				5:23-4.24, or when the Department is
				designated as the local enforcing agency pursuant to
				5:23-4.3, the following schedule of fees
				shall pertain.
5. The construction or
				rehabilitation of residential units that are to be legally restricted to occupancy
				by households of low or moderate income shall be exempted from the fees set forth in
				(b) and (c) below and otherwise payable to the Department.
6. No fee shall be collected for work
				consequential to a natural disaster when the Department is the local enforcing
				agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.21 - Private enforcing agency authorization and reauthorization fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authorization fee:
				Any onsite inspection agency submitting an application to the Department under
				5:23-4.12 for approval as an inspection
				agency shall pay a fee of $ 2,800 for each subcode for which authorization is
				sought.
(b) Reauthorization fee:
1. Any onsite inspection agency submitting an
				application to the Department under
				5:23-4.12 for reapproval as an
				inspection agency shall pay a fee of $ 1,400 for each subcode for which
				authorization is sought plus an amount equal to two percent of the gross revenue
				earned from State Uniform Construction Code enforcement activities during the
				previous 12-month period.
i. The fee of $ 1,400 per
				subcode plus two percent of gross revenue earned from State Uniform Construction
				Code enforcement activities shall be applicable to all applications for
				authorization or reauthorization required to be filed on or after November 1,
				2005.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.23 - Payment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All fees paid to the
				Department under the regulations shall be nonrefundable except as otherwise
				specifically set forth in the regulations. All fees shall be paid by check or money
				order, payable to the "Treasurer, State of New Jersey".
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.24 - Plan review by the Department of Community Affairs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established
				in the Department of Community Affairs, Division of Codes and Standards, a Bureau of
				Construction Projects Review, hereinafter "the plan review bureau." The plan review
				bureau shall review plans, applications and specifications submitted to the
				Department in its enforcing agency capacity, and as further required or permitted by
				this section.
(b) Plan review:
1. Plan review shall be required for all uses
				except as may be otherwise provided in the regulations whenever the department acts
				as an enforcing agency in any municipality.
2. Special or hazardous uses and types of
				construction:
i.N.J.A.C. 5:23-3 divides all
				construction into three classes according to its 'complexity and potential hazard to
				the public health and safety. N.J.A.C. 5:23-5 provides for three levels of subcode
				official certification which correspond to the three classes in N.J.A.C.
				5:23-5.
ii. For class 1, department plan
				review and release shall be required on the effective date of the regulations prior
				to the issuance of a construction permit unless the municipal enforcing agency is
				classified as class 1.
iii. For class 2,
				department plan review and release shall be required after January 1, 1981, prior to
				the issuance of a construction permit unless the municipal enforcing agency is
				classified as class 1 or class 2.
iv.
				For class 3, departmental plan review shall not be required except when the
				department acts as the enforcing agency.
v. Installations of elevators, escalators, and
				moving walks, except devices in structures of Group R-3, R-4, or R-5 and those
				devices in structures of Group R-2 that are otherwise exempted in
				5:23-3.11(b), shall
				require Departmental plan review and release.
3. Premanufactured construction: Department plan
				review and release shall be required for all modular construction other than those
				authorized to be approved by an inplant inspection agency as provided at N.J.A.C.
				5:23- 4A.7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.25 - Emergency building inspection program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The emergency
				building inspection program is hereby established, pursuant to
				section
				1 of
				P.L.
				2007, c. 2 (52:27D-126.3 ). In accordance with
				section
				5 of
				P.L.
				2007, c. 2 (52:27D-126.7 ), participation in the
				emergency building inspection program is voluntary, but any municipality not
				enacting and filing a resolution of non-participation by February 15, 2008 shall be
				deemed to be participating, unless and until an opt-out resolution is later enacted
				and filed. Municipalities that later choose to participate may do so by enacting and
				filing a resolution of participation. All such resolutions of non-participation and
				of participation shall be effective upon filing with the Office of Regulatory
				Affairs, PO Box 818, Trenton, NJ 08625.
(b) Participating municipalities shall be
				responsible for the payment of any costs that they incur with regard to their own
				employees for regular and overtime pay, insurance coverage and liability, and for
				equipment and supplies used in the course of any assistance or deployment for the
				benefit of another municipality. In the event of a presidentially-declared disaster,
				participating municipalities shall, subject to Federal rules, be eligible for
				Federal reimbursement for costs incurred, even if they are not located within the
				disaster area.
(c) The Department shall
				provide the construction official of each participating municipality with contact
				information for construction officials and subcode officials of all participating
				municipalities, Department contact persons, and registered architects, licensed
				professional engineers and persons holding construction code licenses but not
				employed by participating municipalities who have volunteered to participate in the
				program. Such information shall be provided through the Department's "Permits NJ"
				Internet program and shall be a nonpublic record.
1. The list shall include information as to each
				person's name; home and office addresses; and home and office and cellular telephone
				numbers which shall have been provided to the Office of Regulatory Affairs, PO Box
				818, Trenton, NJ 08625.
2. Licensed
				professional engineers, registered architects and persons who are licensed as
				construction officials, subcode officials or inspectors pursuant to this chapter but
				are not employed by a State or local enforcing agency shall be eligible to
				participate in the program. Any such individuals who wish to participate in the
				program shall provide the contact information required in (c)1 above to the Office
				of Regulatory Affairs for inclusion in the list. If and when such individuals are
				sent by the Department to assist a local enforcing agency in an emergency situation,
				they shall be deemed to be temporary employees of the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.26 - Certification of building elements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Building elements
				shall be certified in accordance with the following provisions:
1. Building elements, such as fire walls, fire
				separation walls, wall panels, pre-stressed/prefabricated floor or roof panels, and
				pre-engineered structural frames, built in accordance with the New Jersey Uniform
				Construction Code, may be approved by (a)1i or ii below:
i. Approval for both design and construction by a
				nationally recognized laboratory or a product certification agency. The local
				municipal subcode official has the authority to accept such approvals based on the
				evidence, test and/or documentation presented to him or her;
ii. Approval for both design and construction by a
				professional engineer licensed either in the State of New Jersey or in the state of
				manufacture. The local municipal subcode official has the authority to accept such
				approvals based on the evidence, of test and/or documentation presented to him or
				her;
iii. If applicable, Fabricator
				Approval per Section 1704.2.5.1 of the building subcode is required for Class 1
				buildings in addition to (a)1i or ii above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is to implement P.L. 1991, c.457, which made New Jersey a party to the
				Interstate Compact on Industrialized/Modular Buildings, the commission of which is
				known as the Interstate Industrialized Building Commission (IBC). The adoption of
				this subchapter, which is identical in content to the rules adopted by the other
				states participating in the compact, will create uniformity in the compliance
				requirements of individual states; promote the use of new technologies, techniques,
				and materials and increase the availability of safe, decent, and affordable housing
				and other building occupancies.
(b) No
				approval, ruling, action, order, or notice issued in accordance with rules in effect
				prior to July 1, 1990 shall be rendered invalid or unenforceable by reason of either
				the adoption of this subchapter or the repeal of rules superseded by this
				subchapter. Any approval issued in accordance with rules in effect prior to July 1,
				1990 shall continue in effect for the period for which it was granted, but any
				subsequent approval shall be in accordance with this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.2 - Findings; functions of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, as
				the administrative agency for the State of New Jersey under the Interstate Compact
				on Industrialized/Modular Buildings, finds that:
1. Industrialized/modular buildings are
				constructed in factories in various states and are a growing segment of the nation's
				affordable housing and commercial building stock.
2. The regulation of industrialized/modular
				buildings varies from state to state and from locality to locality. This creates
				confusion and burdens state and local building officials and the
				industrialized/modular buildings industry.
3. Regulation by multiple jurisdictions imposes
				additional costs that are ultimately borne by the owners and users of
				industrialized/modular buildings, that restrict market access and that discourage
				the development and incorporation of new technologies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				applies to the design, manufacture, handling, storage, delivery, and installation of
				industrialized/modular buildings and building components intended for installation
				in this State. Industrialized/modular buildings or building components certified
				pursuant to this subchapter may be sold for, delivered to, or installed on building
				sites located in the State. Industrialized/modular buildings that are not required
				to be labeled or to comply with code approval under this chapter are exempt from the
				requirements of this subchapter.
(b)
				Industrialized/modular buildings or building components certified pursuant to this
				subchapter shall be deemed to comply with all requirements of this
				chapter.
(c) Except as otherwise
				specifically indicated, this subchapter shall not apply to requirements concerning
				land use and zoning, building set-backs, side and rear yards, and property lines -
				generally, this subchapter shall not apply to requirements concerning on-site
				development, construction, and inspection provided that such requirements are not
				more stringent than those imposed on other types of buildings in the same zone or
				area.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.5 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person/agency
				shall be allowed to deliver, sell, lease, or install any industrialized/modular
				building or building component in the participating state unless such
				industrialized/modular building or building component is certified in accordance
				with the requirements of this subchapter.
(b) Buildings, building components and building
				systems shall comply with all applicable provisions of the State Uniform
				Construction Code.
(c) Alternates: The
				provisions of this subchapter are not intended to prevent the use of any
				technologies, techniques, or materials not specifically prescribed by the codes,
				standards, specifications, and requirements in this subchapter, provided any such
				alternate has been approved.
1. Applications for
				such alternates shall be filed in writing with the evaluation agency. The
				application shall contain the current requirements of the codes, standards or
				specifications from which an alternate is sought and a statement of how the proposed
				alternate would adequately protect the health, safety and welfare of both the
				occupants and the public.
2. The
				evaluation agency may approve any such alternate provided that it determines that
				the proposed design is satisfactory and that the material, method, or work offered
				is, for the purpose intended, consistent with the adopted codes and standards as to
				quality, strength, effectiveness, fire resistance, durability, and safety. The
				evaluation agency shall require that sufficient evidence or proof be submitted to
				substantiate any claim that may be made regarding the use of any such alternate. The
				evaluation agency shall notify the applicant of the determination. If the
				application is denied, the notification shall state the reasons for the
				denial.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.6 - Amendments

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may amend these rules pursuant to the
				  Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.7 - Uniform Administrative Procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Uniform
				Administrative Procedures of the Industrialized Building Commission, hereby
				incorporated by reference, shall constitute the procedures by which the Department
				shall assure itself and the Commission of the compliance of industrialized/modular
				building construction with the State Uniform Construction Code, assess the adequacy
				of the building systems and verify and assure the competency and performance of
				evaluation and inspection agencies.
(b)
				Copies of the Uniform Administrative Procedures may be obtained from the
				Industrialized Building Commission, Suite 210, 505 Huntmar Park Drive, Herndon, VA
				22070. Copies are also available on the IBC's website,
www.interstateibc.org
.
(c) The Department shall approve evaluation or
				inspection agencies that the Commission designates as meeting the requirements of
				Part VI, Section 1, of the Uniform Administrative Procedures and that the Commission
				finds otherwise qualified to perform the functions delegated to the
				agencies.
(d) The Department shall take
				such enforcement action against a manufacturer, inspection agency or evaluation
				agency as recommended by the Commission if, pursuant to the Uniform Administrative
				Procedures, the Commission determines that such manufacturer, inspection agency or
				evaluation agency has failed to fulfill its responsibilities under the Uniform
				Administrative Procedures.
(e) Any
				notice or order issued pursuant to this subchapter shall be in writing and shall be
				served upon the respondent party by certified mail, return receipt
				requested.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.8 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, firm, or
				corporation aggrieved by any decision or action undertaken pursuant to this
				subchapter may file an appeal.
(b) The
				appellant shall file the appeal within 30 calendar days after receipt of the
				decision or action that is the basis of the appeal.
(c) The appeal may be filed either in person or by
				mail and shall be addressed to the Hearing Coordinator, Division of Codes and
				Standards, PO Box 802, Trenton, New Jersey 08625-0802.
(d) The appeal shall be in writing and shall
				contain sufficient information as set forth in (e) below to apprise the Department
				of the decision or action being appealed and the facts and circumstances surrounding
				the decision or action.
(e) The appeal
				shall include, where applicable, the following information and documentation:
1. A copy of the decision or action that is the
				subject of the appeal;
2. A description
				of the industrialized/modular building or building component affected and, if
				available, a copy of the building system plans or design, compliance assurance
				program, or other document involved;
3.
				A statement of the relief sought by the appellant; and
4. If the Commission has made a prior decision or
				completed another action on this appeal (or one like it) and a hearing has already
				been conducted pursuant to the Uniform Administrative Procedures, the appellant
				shall include a copy of the prior decision or information on the other action with
				this appeal. In the event of an appeal from an action or decision of an evaluation
				and inspection agency, the application shall contain a copy or, if that is
				unavailable, a written statement of the prior decision or other action of the agency
				being appealed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4A - INDUSTRIALIZED/MODULAR BUILDINGS AND BUILDING COMPONENTS › Section 5:23-4A.9 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings in contested cases shall be conducted by the Office of
				  Administrative Law pursuant to the Administrative Procedure Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules (UAPR), N.J.A.C. 1:1. A proprietary version of the
				  UAPR may be accessed at
http://nj.gov/oal
.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall govern the design, manufacture and installation of recreational park trailers
				intended for installation in this State.
1.
				Recreational park trailers shall be installed on site using the anchoring system
				specified in the recreational park trailer subcode adopted in this subchapter. The
				recreational park trailer shall be anchored to withstand the local design wind
				load.
2. Any additions, decks, porches,
				roofs or modifications to a recreational park trailer shall be subject to the permit
				requirements of 5:23-2.14 and to the applicable
				requirements of the adopted subcodes. No addition or modification shall impose any
				additional structural loads on the recreational park trailer unless the plans and
				specifications, submitted pursuant to
				5:23-2.14, demonstrate that the
				recreational park trailer is capable of accepting those additional loads.
				Additionally, no site-built construction shall have a roof height higher than that
				of the recreational park trailer unless the plans and specifications document that
				the recreational park trailer is capable of accepting any additional snow load.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.2 - Definition of "recreational park trailer"

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Recreational park
				trailer" means a trailer type unit that is primarily designed to provide temporary
				living quarters for recreational, camping, or seasonal use, that meets the following
				criteria:
1. Is built on a single chassis mounted
				on wheels;
2. Has a gross trailer area
				not exceeding 400 square feet (37.15 square meters) in set-up mode, and, if less
				than 320 square feet (29.72 square meters) in the setup mode, would require a
				special movement permit for highway transit; and
3. Is certified by the manufacturer as complying
				with ANSI A119.5.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.3 - Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regulations concerning recreational park
				trailers are follows:
1. Pursuant to authority of
				P.L. 1975 c. 217, as supplemented by P.L. 1991, c. 457, the Commissioner hereby
				adopts the standard of the American National Standard Institute A119.5 Standard for
				Park Model Recreational Vehicles, 2015 edition, known as "ANSI A119.5." This
				standard is hereby adopted by reference as the recreational park trailer subcode for
				New Jersey subject to the modifications stated in (c) below.
i. Copies of this standard may be obtained from
				the Recreational Park Trailer Industry Association, 30 Greenville Street, 2nd Floor,
				Newnan, GA 30263.
ii. The ANSI A119.5,
				2015 edition, may be known and cited as the "recreational park trailer
				subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.4 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Recreational Vehicle Industry Association
				(RVIA) label or an approved equivalent label or certification for each recreational
				park trailer indicating that the unit has been manufactured in compliance with the
				adopted recreational park trailer subcode shall be permanently attached thereto in
				an accessible and visible location. The location of the label shall be indicated on
				the approved building system documentation.
(b) An approved label for a recreational park
				trailer shall bear the following information:
1.
				The name and seal of the Recreational Vehicle Industry Association or such other
				organization with a quality assurance program as may be approved by the Department;
				and
2. The label serial number.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.6 - Approval of compliance assurance documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The manufacturer
				shall not start production of any recreational park trailer unless the building
				systems documents, compliance assurance program and on-site installation
				instructions have been approved by the Department or an approved evaluation and
				inspection agency.
(b) Approved
				evaluation agencies shall be permitted to approve building systems documents,
				compliance assurance programs and the on-site installation instructions for the
				recreational park trailers provided that documents, programs, and instructions
				conform to the standards established at N.J.A.C. 5:23- 4A.7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.7 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				enforce the design and manufacture provisions of this subchapter.
(b) The Department shall monitor the activities of
				the evaluation and inspection agencies for the purpose of ensuring conformance to
				the provisions of this subchapter and shall take appropriate enforcement actions
				whenever necessary.
(c) The installation
				of recreational park trailers shall be the responsibility of the local enforcing
				agencies established pursuant to the Code. Construction permits shall be required
				for installation and for the construction of appurtenances.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.8 - Appeals: State

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, firm or
				person aggrieved by a notice, order, ruling, decision or action of any evaluation
				and inspection agency or of the Commissioner may file an appeal.
(b) An application for a hearing must be filed
				within 20 business days of receipt by the applicant of the notice, order, ruling,
				decision or action complained of.
(c)
				The notice of appeal may be filed either in person or by mail and shall be addressed
				to the Hearing Coordinator, Division of Codes and Standards, PO Box 802, Trenton, NJ
				08625.
(d) The application shall be in
				writing and shall set forth the rule under which the appeal is being brought and the
				facts and circumstances of the case.
(e)
				The application shall include, where appropriate, the following information and
				documentation:
1. A copy of the notice, order,
				ruling, decision or action that is the subject of the appeal;
2. A copy of the building system, compliance
				assurance program or other document involved;
3. A description of the recreational park
				trailer(s) affected;
4. A statement of
				the relief sought by the appellant; and
5. In the event of an appeal from an action or
				decision of an evaluation and inspection agency, the application shall contain a
				copy or, if that is unavailable, a written statement, of the prior decision or other
				action of the agency being appealed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4D - RECREATIONAL PARK TRAILERS › Section 5:23-4D.9 - Appeals: Local

Current through Register Vol. 56, No. 14, July 15, 2024
Any person, firm , or person aggrieved by a notice, order, ruling,
				  decision of a local enforcing agency shall file an appeal in accordance with
				  N.J.A.C. 5:23A.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 5 - LICENSING › Section 5:23-5.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter of
				the regulations adopted pursuant to authority of the Uniform Construction Code Act,
				entitled "Licensing of Code Enforcement Officials", shall be known and may be cited
				throughout the regulations as subchapter 5, and when referred to in this part of the
				regulations may be cited as "this subchapter."
(b) Unless otherwise specifically provided, all
				references to article or section numbers, or to provisions not specifically
				identified by number, shall be construed to refer to such article, section or
				provision of this subchapter.
(c) This
				subchapter shall control all matters relating to qualifications for and licensing of
				all subcode enforcement officials engaged in or to be engaged in the administration
				and enforcement of the New Jersey Uniform Construction Code, including types of
				licensed code enforcement officials; procedures for application, issuance, denial
				and revocation of licenses; the approval of testing and/or educational programs
				offered to meet the requirements for licensing of code enforcement officials or
				construction board of appeal members; application fees for a license; and
				enforcement of penalties for violations of this subchapter. Additional provisions
				regarding the licensing of elevator subcode officials are contained in N.J.A.C.
				5:23-12.
(d) The Uniform Construction
				Code has been adopted to ensure public safety, health, and welfare insofar as they
				are affected by building construction. In order for the code to be enforced
				adequately and effectively, code officials will need to have sufficient knowledge
				and competence to administer and interpret the code's standards. This can best be
				achieved through the creation of an education and training program and the
				development of licensing requirements.
1. It is
				the purpose of this subchapter to establish standards and procedures for the
				licensing of Uniform Construction Code enforcement officials, and to require all
				persons performing duties with respect to the inspection of building construction
				for any political subdivision within this State, or in a private capacity, to be
				licensed as provided in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 5 - LICENSING › Section 5:23-5.2 - Licensing unit; hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is hereby established in the Bureau of
				Code Services, Division of Codes and Standards, a Licensing Unit. The unit shall
				enforce this subchapter.
(b) The unit
				shall have the following responsibilities in addition to all others provided in this
				subchapter:
1. To issue such licenses or
				certifications as may be called for herein when warranted;
2. To keep accurate records of all applications
				for a license or certification and any official action thereon and to make such
				records available for inspection by the public at all reasonable times;
3. To suspend or revoke a license or certification
				provided for herein upon the establishment of good cause.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 5 - LICENSING › Section 5:23-5.3 - Types of licenses and certifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning
				code enforcement licensure and certification categories are:
1. Technical licenses: Subject to the requirements
				of this subchapter, persons may apply for and may be licensed in the following
				specialties:
i. Building inspector: Building
				inspectors are authorized to carry out field inspection and plan review work
				pursuant to the regulations subject to the limitations specified herein.
(1) Building inspector with a specialty in
				high-rise and hazardous structures (H.H.S.): Building inspectors H.H.S. are
				authorized to review plans and carry out field inspection activities for structures
				in classes 1, 2, and 3.
(2) Building
				inspector with a specialty in industrial and commercial structures (I.C.S.):
				Building inspectors I.C.S. are authorized to review plans for structures in classes
				2 and 3, and to carry out field inspection activities for structures in classes 1,
				2, and 3.
(3) Building inspector with a
				specialty in residential and small commercial structures (R.C.S.): Building
				inspectors R.C.S. are authorized to review plans for structures in class 3 and to
				carry out field inspection activities for structures in classes 1, 2, and
				3.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 5 - LICENSING › Section 5:23-5.4 - Licenses and certifications required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall be
				appointed to, or shall hold, the position of construction official or subcode
				official unless that person has received a license required for that position
				pursuant to this subchapter. No person shall be appointed to, or hold the position
				of, technical assistant to the construction official unless that person has received
				a certification required for that position pursuant to this subchapter.
(b) No person shall be appointed to, or shall
				hold, a technical inspector position in an enforcing agency for which a license
				requirement has been established by this chapter unless that person has received the
				license required by these rules for that position.
(c) No person shall act to enforce any special
				technical provision or article of the rules for which the Commissioner shall have
				established in 5:23-5.3 a requirement for an additional special technical license,
				unless such person shall have received the required special technical license within
				one year following the effective date of the requirement for such license.
(d) Enforcing agencies may establish code
				enforcement trainee positions subject to the following rules:
1. Persons applying for a trainee position with an
				enforcing agency must be officially registered with the Department of Community
				Affairs on the form provided by the Licensing Unit of the Bureau of Code Services
				prior to being hired as a trainee.
i. Trainees
				shall renew their registration yearly and shall notify the Department of Community
				Affairs, Bureau of Code Services, Licensing Unit, of any change in employment status
				or address within one month of the change.
ii. A nonrefundable processing fee of $ 20.00 is
				required for the initial Trainee Registration Request and for each subsequent
				renewal request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 5 - LICENSING › Section 5:23-5.6 - Construction official requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate for a
				license as a construction official shall meet the following qualifications:
1. Possession of the qualifications established
				for at least one of the following subcode official licenses: building, fire
				protection, electrical, plumbing or elevator; provided, however, that any person
				qualified as a fire protection subcode official must also have experience for the
				applicable period of time specified by
				52:27D-126b; and
2. Successful completion of an approved
				construction official educational program as required by
				5:23-5.20 prior to
				application.
3. A provisional license
				shall be issued to any person provided that such person is licensed or is
				simultaneously licensed as a subcode official. Such person shall have successfully
				completed the educational program required herein within 24 months of issuance of
				the provisional license.