reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.6 - Standards; accepted practice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter,
				together with the subcodes, national standards and appendices it adopts by
				reference, shall be the primary guide to accepted engineering practice in respect to
				any material, equipment, system or method of construction therein
				specified.
(b) When this chapter and the
				subcodes, national standards and appendices it adopts by reference are silent, a
				manufacturer's recommendations for the installation of any material or assembly may
				be considered to be accepted engineering practice; provided, however, that a
				manufacturer's recommendations shall not be read to overrule this chapter or any
				subcode, national standard or appendix which it adopts by reference.
1. Exception: Where enforcement of a code
				provision would violate the condition(s) of the listing of the equipment or
				appliance, the more restrictive condition(s) shall apply.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.7 - Municipal approvals of alternative materials, equipment, or methods of construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approvals:
				Alternative materials, equipment, or methods of construction shall be approved by
				the appropriate subcode official provided the proposed design is satisfactory and
				that the materials, equipment, or methods of construction are suitable for the
				intended use and are at least the equivalent in quality, strength, effectiveness,
				fire resistance, durability and safety of those conforming with the requirements of
				the regulations.
1. A field evaluation label and
				report or letter issued by a nationally recognized testing laboratory verifying that
				the specific material, equipment, or method of construction meets the identified
				standards or has been tested and found to be suitable for the intended use, shall be
				accepted by the appropriate subcode official as meeting the requirements of (a)
				above.
2. Reports of engineering
				findings issued by nationally recognized evaluation service programs, such as, but
				not limited to, the Building Officials and Code Administrators (BOCA), the
				International Conference of Building Officials (ICBO), the Southern Building Code
				Congress International (SBCCI), the International Code Council (ICC), and the
				National Evaluation Service, Inc., shall be accepted by the appropriate subcode
				official as meeting the requirements of (a) above. The materials, equipment, or
				assembly shall be installed in accordance with the conditions specified in the
				report.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.8 - Products violating the Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				shall, after public hearing and in accordance with the Administrative Procedure Act
				( P.L.
				1968, c.410, as amended), establish and distribute to
				all enforcing agencies a list of items, devices and materials the regular and
				intended use of which would violate any provision of the State Uniform Construction
				Code. A list of such items is set forth in (d) below.
(b) Upon determining that any manufacturer or
				distributor in the State is selling or offering for retail sale any product on the
				list which does not have a regular and intended use that does not violate the Code,
				or any product which may have one or more such non-violative regular and intended
				use but which is being advertised or promoted for a use that does violate the Code,
				the Department or any enforcing agency having jurisdiction shall give written notice
				of the violation of
				N.J.S.A.
				52:27D-138a(5)  to such seller.
				Such notice shall forbid the further sale or offering for retail sale of such
				product within the State and shall specify a date and time by which such product
				shall be removed from display to customers.
(c) Any person who, having received a notice of
				violation pursuant to this section, continues to sell or offer for retail sale
				products specified in such notice, shall be deemed to be knowingly selling or
				offering the product for sale in violation of the Code and shall be subject to
				penalty as provided by statute, in accordance with the procedures set forth in
				N.J.A.C.
				5:23-2.31.
(d) The Commissioner has determined that the
				following materials and supplies are not in conformance with the State Uniform
				Construction Code:
1. Building materials and
				supplies:
i. Wood paneling being used as an
				interior finish not in conformance with Section 803.1 of the building subcode. This
				section specifies that finish shall be classified in accordance with ASTM E84 or
				other equivalent standards;
ii.
				Carpeting used as an interior floor finish material not in conformance with Section
				804 of the building subcode. This section specifies that interior floor finish shall
				be classified in accordance with ASTM E648, or other equivalent standards;
				and
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.9 - Interpretations and opinions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				Commissioner shall, in accordance with applicable provisions of the Administrative
				Procedure Act, make any rule constituting an interpretation of any provision of the
				regulations, such shall be binding provided, however, that such interpretations
				shall be prospective in nature. Such interpretations shall not alter the ruling of a
				subcode official already rendered in a specific instance relating to a specific
				permit or structure. Requests for interpretations shall be in the form, and
				submitted in accordance with the procedure, set forth in N.J.A.C. 5:2-2.
(b) In response to a written inquiry or request
				setting forth a specific factual situation, or upon its own initiative, the
				Construction Code Element may issue a formal technical opinion to clarify provisions
				of the adopted subcodes. Such formal technical opinion shall be signed by the
				Assistant Director of the Element and shall be binding upon the Element and upon
				other code enforcement agencies and licensed officials. Formal technical opinions
				shall be prospective in nature, shall be based upon adopted subcodes or upon
				authoritative test results or standards incorporated by reference into an adopted
				subcode and shall not alter the ruling of a licensed official already rendered in a
				specific instance relating to a specific permit or structure, except that any such
				formal technical opinion may be considered in the context of an appeal from any such
				ruling.
(c) The Construction Code
				Element may issue bulletins to provide advice to code enforcing agencies, builders,
				and designers. Bulletins may be issued when the Element finds that an issue that is
				in need of clarification is adequately dealt with by existing rules and that
				rulemaking is therefore not appropriate or necessary. Consultation with the Code
				Advisory Board shall be required prior to the issuance of any bulletin.
(d) In response to a written or oral inquiry or
				request setting forth a specific factual situation, a staff member of the
				Construction Code Element may issue an informal opinion as to the proper application
				of the regulations if the issue is one with which he has authority to deal. Such
				informal opinion shall only be in writing if it is issued in response to a written
				inquiry or request and shall not be binding upon the Element or any other
				party.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.11 - Enforcement activities reserved to the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				otherwise provided at
				N.J.A.C.
				5:23-3.11A(b), the Department of
				Community Affairs shall be the sole plan review agency for the following structures,
				plans, and equipment:
1. Electrical generating
				stations, including nuclear;
2.
				Incineration plants;
3. Solid waste
				disposal plants;
4. Class 1 and Class 2
				structures where required in accordance with
				5:23-4.3A
				and 4.24(b)2;
5. Casino
				hotels;
6. Public mausoleums, vaults,
				crypts and other structures intended to hold or contain human remains;
7. All premanufactured systems for Class 1 and
				Class 2 structures, other than those authorized to be approved by an inplant
				inspection agency licensed to perform Class 1 and Class 2 plan review as provided in
				N.J.A.C. 5:23- 4A.7, and all on-site installation of Class 1 and Class 2
				premanufactured construction within the jurisdiction of a local enforcing agency
				that is not a Class 1 or Class 2 agency, as the case may be.
8. Health care facilities, as defined at
				N.J.A.C.
				5:23-1.4;
9. Public school facilities, as defined in
				N.J.A.C.
				5:23-1.4;
10. Prototype plans intended for use in more than
				one municipality;
11. High level alarm
				systems in terminals, as defined in
				52:27D-214; and
12. Stadiums, arenas and theaters with an occupant
				load of 5,000 or greater.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.11A - Public school facility plan review and inspections; Uniform Construction Code enhancements in public school facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Plan review shall be
				performed by the Department of Community Affairs. A Department of Education approval
				shall be submitted prior to the release of plans for projects subject to the
				Department of Education review pursuant to N.J.A.C. 6A:26-3.
1. Plan review for the construction of a new
				school shall always be the responsibility of the Department. For projects other than
				the construction of a new school, the local enforcing agency may review the plans in
				accordance with (b) below.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.11B - Underground storage tank systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The installation,
				repair (other than "minor repair," as defined in
				7:14B-10.5 ), and closure (or
				"demolition") of underground storage tank systems, as defined in
				7:14B-10.1, shall be controlled by the
				State Uniform Construction Code and by N.J.A.C. 7:14B-1 through 15.
(b) A DEP permit for the installation, repair or
				closure of an underground storage tank system that requires a DEP approval, or any
				part thereof, or an emergency permit granted pursuant to N.J.A.C. 7:14B, shall be a
				prior approval for any permit application submitted pursuant to the State Uniform
				Construction Code Act and these rules. Applicants installing secondarily contained
				systems for which no prior DEP approval is necessary shall be required to submit
				engineering drawings of the secondarily contained systems and to certify that the
				underground storage tank system meets all requirements of N.J.A.C. 7:14B.
(c) Construction code officials shall retain all
				penalty powers, as set forth in these rules, with respect to the installation, usage
				or closure (demolition) of underground storage tank systems and parts thereof in
				violation of the State Uniform Construction Code Act or these rules.
(d) The following types of underground storage
				tank systems requiring a construction permit are exempt from the requirements of
				N.J.A.C. 7:14B:
1. Farm or residential tanks of
				1,100 gallons or less capacity used for storing motor fuel for noncommercial
				purposes;
2. Tanks with a capacity of
				2,000 gallons or less used to store heating oil for onsite consumption in a
				nonresidential building;
3. Tanks used
				to store heating oil for onsite consumption in a residential building;
4. Septic tanks installed in compliance with rules
				adopted by DEP pursuant to P.L. 1954, c.199 (58:11-23 et seq.);
5. Tanks situated in an underground area,
				including, but not limited to, basements, cellars, mines, drift shafts, or tunnels,
				if the storage tank is situated upon or above the surface of the floor;
6. Tanks situated in an underground area,
				including, but not limited to, basements, cellars, mines, drift shafts, or tunnels,
				if the storage tank is equipped with secondary containment and is uncovered so as to
				allow visual inspection of the exterior of the tank;
7. Wastewater treatment tanks;
8. Electrical equipment;
9. Hydraulic lift tanks; and
10. Any pipes, lines, fixtures, or other equipment
				connected to any tank exempted from the provisions of N.J.A.C. 7:14B as set forth in
				(b)1 to 9 above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.12 - Amended rules

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever the Commissioner shall make any modifications to the
				  rules, notice of same shall be published in the New Jersey Register.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.13 - Code change proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following apply to State-sponsored model
				code change proposals:
1. Any private party,
				municipality, other political subdivision, or agency of the State seeking to submit
				a State-sponsored model code change proposal shall do so not less than 240 days
				prior to the code change meeting of the model code adoption agency for which the
				amendment is being proposed.
2. Such
				proposal shall be on a form provided by the model code organization where one is
				available. If none is available, such proposal shall state the name and address of
				the party or official proposing the model code change, the company, agency, or
				political subdivision represented, if applicable, the text of the amendment
				suggested and an explanation of the amendment together with any technical
				justification deemed necessary by the proponents.
3. A hearing shall thereafter be held in
				accordance with
				52:27D-124 of the Act.
4. Copies of the submitted applications for model
				code change proposals, transcripts of hearings on such applications, and
				State-sponsored model code change proposals, as adopted, shall be available from the
				Department at a fee of $.50 per page.
5.
				Whenever a model code change hearing is scheduled so as not to allow adequate time
				to meet the procedures set forth in this section and in
				52:27D-124 of the Act, the Commissioner
				may hold a hearing and require the advice of the Code Advisory Board within a lesser
				time period, as the situation dictates.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.14 - Building subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the building subcode are as
				follows:
1. Pursuant to authority of
				P.L.
				1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the model code of the International Code Council, 2021
				International Building Code, known as the "IBC/2021." This code is hereby adopted by
				reference as the building subcode for New Jersey subject to the modifications stated
				at (b) below.
i. Copies of this code may be
				obtained from the International Code Council at 4051 West Flossmoor Road, Country
				Club Hills, Illinois 60478-5795.
ii. The
				IBC/2021, as amended, may be known and cited as the "building subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.15 - Plumbing subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the plumbing subcode adopted
				are as follows:
1. Pursuant to the authority of
				P.L.
				1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the Model Code of the International Association of
				Plumbing and Mechanical Officials, known as "The National Standard Plumbing Code
				Illustrated/2021," as the plumbing subcode for New Jersey.
i. Copies of this code may be obtained from the
				sponsor at: New Jersey PHCC, 189 East Bergen Place, Red Bank, NJ
				07701.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.16 - Electrical subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the electrical subcode
				adopted are as follows:
1. Pursuant to the
				authority of P.L.
				1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the model code of the National Fire Protection
				Association, known as "The National Electrical Code (NEC) 2020," and Tentative
				Interim Amendments 1-9 as the electrical subcode for New Jersey.
i. Copies of this code may be obtained from the
				sponsors at NFPA, One Batterymarch Park, Quincy, Massachusetts 02169.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.17 - Fire protection subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the fire protection subcode
				adopted are as follows:
1. Pursuant to the
				authority of P.L. 1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the following portions of the building, electrical,
				mechanical, fuel gas, and one- and two-family dwelling subcodes, to the extent
				delineated at
				N.J.A.C. 5:23-3.4, as
				the fire protection subcode for New Jersey.
i.
				International Building Code of the International Code Council, Inc. adopted as
				amended at
				N.J.A.C.
				5:23-3.14 as the building subcode:
(1) Chapter 3--Use and Occupancy
				Classification;
(2) Chapter 4--Special
				Detailed Requirements Based on Use and Occupancy;
(3) Chapter 5--General Building Heights and
				Areas;
(4) Chapter 6--Types of
				Construction;
(5) Chapter 7--Fire and
				Smoke Protection Features;
(6) Chapter
				8--Interior Finishes;
(7) Chapter
				9--Fire Protection Systems and
				N.J.A.C. 5:23-3.5(d)
				 entitled "Posted Hydraulic System Data
				Plate";
(8) Chapter 10--Means of
				Egress;
(9) Chapter 15--Roof Assemblies
				and Rooftop Structures;
(10) Chapter
				17--Special Inspections and Tests;
(11)
				Sections 2111 through 2113 of Chapter 21--Masonry;
(12) Sections 2603 through 2613 of Chapter
				26--Plastic;
(13) Chapter
				27--Electrical;
(14) Chapter
				30--Elevators and Conveying Systems;
(15) Section 3104 of Chapter 31--Special
				Construction;
(16) Section 3309, 3311
				and 3312 of Chapter 33--Safeguards During Construction;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.18 - Energy subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the energy subcode adopted
				are as follows:
1. Pursuant to authority of P.L.
				1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the model code of the International Code Council, known
				as the International Energy Conservation Code/2021 (IECC/2021), as the energy
				subcode for New Jersey.
i. Copies of the IECC/2021
				may be obtained from International Code Council, 4051 West Flossmoor Road, Country
				Club Hills, Illinois 60478-5795.
ii. The
				model code listed above may be known and cited as the "energy subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.20 - Mechanical subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the mechanical subcode
				adopted are as follows:
1. Pursuant to authority
				of P.L.
				1975, c. 217, the Commissioner hereby adopts the model
				code of the International Code Council, Inc., known as the International Mechanical
				Code/2021. This code is hereby adopted by reference as the Mechanical Subcode for
				the State of New Jersey subject to the modifications at (b) below.
i. Copies of this code may be obtained from the
				International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois
				60478-5795.
ii. The International
				Mechanical Code/2021 may be known and cited as the "mechanical
				subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.21 - One- and two-family dwelling subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the
				one- and two-family dwelling subcode are adopted as follows:
1. Pursuant to authority of
				P.L.
				1975, c. 217, as modified by
				P.L.
				1996, c. 53, the
				Commissioner hereby adopts the model code of the International Code Council, 2021
				International Residential Code known as the "IRC/2021" as the one- and two-family
				dwelling subcode in New Jersey subject to the modifications stated at (c) below.
i. Copies of this code may be obtained from the
				International Code Council at 4051 West Flossmoor Road, Country Club Hills, Illinois
				60478-5795.
ii. The IRC/2021 may be
				known and cited as the one- and two-family dwelling subcode.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.22 - Fuel gas subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules concerning the fuel gas subcode adopted
				are as follows:
1. Pursuant to authority of P.L.
				1975, c. 217, the Commissioner hereby adopts the model code of the International
				Code Council, Inc., known as the International Fuel Gas Code/2021. This code is
				hereby adopted by reference as the fuel gas subcode for the State of New Jersey
				subject to the modifications at (b) below.
i.
				Copies of this code may be obtained from the International Code Council, 4051 West
				Flossmoor Road, Country Club Hills, Illinois 60478-5795.
ii. The International Fuel Gas Code/2021 may be
				known and cited as the "fuel gas subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Appendix 3-A

Current through Register Vol. 56, No. 14, July 15, 2024
APPENDIX
NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF CODES AND STANDARDS
CODE CHANGE PROPOSAL
REHABILITATION SUBCODE (N.J.A.C.
				  5:23-6)
Proposals must be presented with language proposed for deletion in
				  brackets [ ].
Proposals must be presented with language proposed for addition
				  underlined:
Mail code change proposals to:
Fax code change proposals to:
Code Development Unit
Code Development Unit
Department of Community Affairs
(609) 633-6729
Division of Codes and Standards
PO Box 802
Trenton, New Jersey 08625
Direct questions to the Code Development or Code Assistance Units
				  at (609) 984-7609.
Section (citation) proposed for change:
				  __________________________
Sections (companion changes) that might also need to be
				  changed:
_________________________________________________________
NAME: ___________________________________________________
ORGANIZATION (if any):
				  _____________________________________
ADDRESS: ________________________________________________
_________________________________________________________
TELEPHONE: __________ FAX: __________ E-mail: _____________
Proposed Code Change:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
Supporting Statement (reason for code change):
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3A - STATE-JURISDICTION SUBCODES › Section 5:23-3A.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall govern the enforcement by the Department of
				  Community Affairs of the State Uniform Construction Code, in conjunction with other
				  rules administered by the Department, in facilities and installations for which the
				  Department is the sole enforcing agency, as set forth in
				  5:23-3.11(j).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3A - STATE-JURISDICTION SUBCODES › Section 5:23-3A.2 - Subcodes established

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All provisions of
				adopted model codes that are applicable to the construction, alteration,
				installation, erection or demolition of carnival-amusement rides or ski lifts shall
				be designated collectively as the amusement ride subcode.
(b) All provisions of adopted model codes that are
				applicable to the construction, alteration, installation, erection or demolition of
				high pressure boilers, pressure vessels or refrigeration systems shall be designated
				collectively as the boiler, pressure vessel and refrigeration subcode.
(c) The amusement ride subcode and the boiler,
				pressure vessel and refrigeration subcode shall be known, and may be designated, as
				"State-jurisdiction subcodes."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter, adopted pursuant to authority
				of the State Uniform Construction Code Act and entitled "Enforcing agencies; duties;
				powers; procedures", shall be known and may be cited through the regulation as
				N.J.A.C. 5:23-4," 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 and NJ.A.C. 5:23-4A shall
				control matters related to: the structure, organization, and procedures of
				municipal, State, and interlocal enforcing agencies; their interrelationships; the
				structure, organization, and procedures of boards of appeal; the approval of
				premanufactured construction; private enforcing agencies; and the establishment of
				fees.
(d) This subchapter seeks to
				provide an efficient administrative structure for enforcing agencies and boards of
				appeal, through which delay in the construction process can be reduced, uniformity
				of systems and procedures encouraged, and the public health and safety protected.
				Such intent shall be given full effect in the construction of any specific provision
				of this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.2 - Matters covered; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in subsection (b) below, the provisions of this subchapter shall apply to
				all agencies with an enforcement responsibility under the act and
				regulations.
(b) Rules concerning
				exceptions are:
1. Interstate agencies: This
				subchapter shall not apply to agencies created by Interstate Compact. Such agencies
				shall administer and enforce the subcodes, under such rules and regulations as they
				may develop, pursuant to authority of the State Uniform Construction Code Act, and
				any other applicable law of this State.
2. Department of Education:
i. When final plans for the construction or
				alteration of a public school facility have been submitted to the Department of
				Education, and approved under the standards for educational adequacy set forth at
				N.J.A.C. 6A:26, and have been submitted for review to, and released by, either the
				Department of Community Affairs or a construction official of an enforcing agency,
				such plans shall be filed with the enforcing agency of the municipality in which the
				public school facility is located.
ii.
				The enforcing agency shall inspect any construction or alteration of a public school
				facility in the same manner as any other building or structure subject to the code
				for the purpose of determining if there are any violations of the educational
				enhancement and adequacy requirements as set forth at
				5:23-3.11A(c) and (d)
				or any other provision of the State Uniform Construction Code.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.3 - Municipal enforcing agencies-establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice of intention
				to establish:
1. Any municipality seeking to
				establish and operate an enforcing agency, pursuant to the act and the regulations,
				shall first notify the department of its intent to establish such an agency by
				registered and certified mail, return receipt requested, not later than one month
				prior to the effective date of the regulations. Such notice, in the form of a
				resolution of the governing body, shall state that enforcement will be carried out
				either by the municipal enforcing agency or by interlocal agreement. The resolution
				shall also state the extent to which the municipality anticipates that private
				on-site agencies will be utilized. The resolution shall state the address of the
				enforcing agency and the board of appeals, if different. Such resolution shall
				additionally state whether a board of appeals will be appointed within the
				municipality, whether an intermunicipal joint board of appeals will be established
				or whether appeals will be left to the jurisdiction of the county.
2. Any municipality which shall not choose to
				establish and operate an enforcing agency pursuant to the act and the regulations
				shall notify the department of this intent by registered or certified mail, return
				receipt requested, not later than one month prior to the effective date of the
				regulations. Such notice, in the form of a resolution of the governing body, shall
				state that the governing body requests that the department assume the task of
				administration and enforcement.
3. A
				municipality may, by resolution, provide for the employment of an elevator subcode
				official, licensed in accordance with N.J.A.C. 5:23-5, to perform inspections and
				witness tests within its jurisdiction. If a municipality fails to employ such an
				official by July 1, 1992, the Department shall have exclusive jurisdiction to review
				plans and witness tests for, and inspect elevators within, the municipality.
				Thereafter, a municipality may acquire such jurisdiction by enacting the necessary
				resolution and employing an elevator subcode official, but the transfer of
				jurisdiction to the municipality shall not be effective until 120 calendar days
				after a certified copy of the resolution is received by the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.3A - Enforcing agency classification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local enforcing
				agencies shall be classified as Class 3 or RCS (specialty in residential and small
				commercial structures), Class 2 or ICS (specialty in industrial and commercial
				structures) or Class 1 or HHS (specialty in high-rise/hazardous structures). The
				classification of the enforcing agency shall be as determined by (b) below. The
				highest class of structures, as defined in (d) below, for which the enforcing agency
				in a municipality is authorized to do plan review shall correspond to the
				classification of the enforcing agency as determined by (b) below.
(b) The classification of an enforcing agency is
				determined by the lowest level of inspector license held by any of the subcode
				officials appointed to establish such agency and by the highest level of inspector
				license held by the appointed construction official. In the case of subcode
				officials, the inspector license used to determine the classification of the agency
				must be in the subcode area for which that individual is appointed. Enforcing
				agencies shall be classified as follows:
1. Class
				1 agency: The lowest level of inspector license held in accordance with N.J.A.C.
				5:23-5 by the construction official or any of the subcode officials appointed to
				constitute the enforcing agency is an HHS inspector license.
2. Class 2 agency: The lowest level of inspector
				license held in accordance with N.J.A.C. 5:23-5 by the construction official or any
				of the subcode officials appointed to constitute the enforcing agency is an ICS
				inspector license.
3. Class 3 agency:
				The lowest level of inspector license held in accordance with N.J.A.C. 5:23-5 by the
				construction official or any of the subcode officials appointed to constitute the
				enforcing agency is an RCS inspector license.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.5 - Municipal enforcing agencies-administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Records and
				procedures: The municipality shall ensure that the construction official, with the
				assistance of the subcode officials and other necessary municipal employees,
				maintains a central file system, by block and lot, for each property in the
				municipality for which a permit has been issued or requested or for which an action
				has been taken by the municipal enforcing agency.
1. The files shall contain all information,
				including inspection reports, correspondence, and so forth, relevant to each
				application for a construction permit or certificate of occupancy.
2. The files shall contain or indicate the storage
				location of all plans and specifications too bulky for inclusion in the central
				file.
3. The files and records of the
				municipal enforcing agency shall be open to Department review and audit during
				normal business hours.
i. File copies of all
				documents in connection with building operations shall be retained in the official
				records as provided by law.
ii. Files
				and records shall be maintained in a manner consistent with the Municipal Procedures
				Manual established by the commissioner for this purpose.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.6 - Shared service agencies-establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Parties: Any two or
				more municipalities may, by resolution, join to administer and enforce this chapter
				and any adopted subcode. Any municipalities that are party to an agreement
				establishing one enforcing agency having jurisdiction for all subcodes may further
				provide for the establishment of a joint board of appeals.
(b) Agreement: Except as this section may add or
				substitute requirements, the procedures for the execution of any agreement pursuant
				to this section shall be governed by the Uniform Shared Services and Consolidation
				Act (N.J.S.A.
				40A:65-1 et seq.).
1. Upon the adoption of a resolution pursuant to
				the Uniform Shared Services and Consolidation Act, a copy of such resolution, the
				contract, and any other pertinent information shall be forwarded to the
				department;
2. The term of any contract
				entered into pursuant to this section shall be four years.
3. The contract shall stipulate that the term of
				office of any construction or subcode official shall, except for good cause, be four
				years.
4. Such contract shall provide a
				mechanism for administration and enforcement within each of the contracting
				municipalities by one or more of the contracting municipalities, on an interim or
				emergency basis, should such agreement be invalidated by a court of competent
				jurisdiction or prove otherwise unenforceable.
5. The contract shall additionally stipulate the
				information contained in
				N.J.A.C.
				5:23-4.7(b)  and
				4.8(a).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.7 - Shared service agencies-organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General: Except as
				is provided in this section, enforcing agencies organized pursuant to this section
				shall, insofar as is practicable, be organized in the same manner as are municipal
				enforcing agencies.
(b) Exception:
				Nothing contained in
				N.J.A.C.
				5:23-4.3, with respect to offices, shall require
				that only one central office be established pursuant to this section. Whenever
				municipalities join pursuant to this section, they shall establish offices which are
				reasonably accessible in terms of distance, location and function.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.8 - Shared service agencies-administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General:
				Enforcing agencies organized pursuant to this article shall administer and enforce
				the regulations in the same manner as municipal enforcing agencies.
(b) The provisions of
				N.J.A.C.
				5:23-4.3 regarding conflict of interest shall be
				applicable to interlocal enforcing agencies, including all municipalities party to
				the interlocal agreement, to the extent that the agreement covers specific subcode
				activities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.9 - State enforcing agencies-establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department of
				Community Affairs:
1. The Bureau of Local Code
				Enforcement in the Division of Codes and Standards is constituted as the enforcing
				agency for the purpose of administering and enforcing the code in those
				municipalities which have decided, pursuant to
				5:23-4.3, not to enforce the
				code.
2. Pursuant to Reorganization Plan
				No. 004-1996, the Department is constituted as the sole plan review agency for the
				administration and enforcement of Federal and State standards applicable to the
				construction, alteration, demolition, or maintenance of health care facilities, as
				defined in N.J.A.C. 5:23-1.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.10 - State enforcing agencies-organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department of
				Community Affairs: Units of the Division of Codes and Standards enforcing the State
				Uniform Construction Code shall be organized, insofar as is practicable, in the same
				manner as are municipal enforcing agencies.
1.
				Such units shall employ persons qualified and licensed in accordance with N.J.A.C.
				5:23-5.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.11 - State enforcing agencies-administration and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Department of
				Community Affairs: The Division of Codes and Standards shall administer and enforce
				this chapter, insofar as is practicable, in the same manner as a municipal enforcing
				agency.
1. The conflict of interest provisions
				contained in 5:23-4.5 shall be applicable only to
				personnel responsible for the administration and enforcement of this chapter and
				shall not extend to persons otherwise employed by the Division.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.12 - Private on-site inspection and plan review agencies; establishment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department shall authorize the establishment of private on-site inspection and plan
				review agencies, hereinafter called "on-site inspection agencies," for the purpose
				of contracting with municipalities in order to act in the place of a subcode
				official or inspector(s) for specified subcodes or to provide supplemental private
				on-site inspections pursuant to
				N.J.A.C.
				5:23-4.16.
1. No
				person shall undertake the services herein described or enter into any contract
				pursuant to this chapter without first receiving the authorization of the
				Department.
i. Except that, applicants who have
				received notice from the department that their application is complete and suitable
				for processing may begin to promote or otherwise make their anticipated availability
				known to municipalities, provided that the applicant discloses in writing at the
				time of undertaking any such activity, that he has not yet been authorized by the
				department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 4 - ENFORCING AGENCIES; DUTIES; POWERS; PROCEDURES › Section 5:23-4.13 - Private on-site inspection and plan review agencies; organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An on-site
				inspection agency may be an individual, partnership, corporation, or other business
				entity organized for the purpose of enforcing and administering any one or more
				subcodes under the regulations, in place of a local subcode official or local
				inspector, in one or more municipalities within the State of New Jersey.
(b) Each on-site inspection agency authorized by
				the Department shall organize its operations to effectively fulfill the requirements
				of this chapter and to provide any municipality with which it contracts all the
				services that would otherwise be provided by a municipal subcode official or
				municipal inspector under this chapter. All officers, inspectors and plan reviewers
				of the "on-site inspection agency" shall be certified by the Department in the
				appropriate subcode prior to employment thereafter.
(c) Where an on-site inspection agency serves as a
				subcode official, the agency shall designate in its contractual agreement with the
				municipality the name of the employee who shall serve as the responsible official
				and representative(s) of the "on-site inspection agency" authorized to review and
				approve all documents related to the administration of the designated
				subcode.
(d) The on-site inspection
				agency shall report to the municipal construction official through their designated
				responsible official and shall be subject to the orders and directives of the
				municipal construction official and the Department in matters relating to the
				enforcement of the regulations. Employees of an on-site inspection agency performing
				inspections shall report to the appropriate subcode official.
(e) An on-site agency acting in place of an
				elevator subcode official in any municipality shall answer to the local construction
				official, who shall be responsible to the Department for supervising the activities
				of the elevator subcode official.
(f)
				Each on-site inspection agency shall maintain an adequate number of offices for the
				purpose of meeting with the public and shall maintain records at such offices.
1. The on-site inspection agency shall provide the
				municipal construction official with a schedule stating when these offices will be
				open during normal business hours and when the designated responsible official will
				be in that office.
2. All inspections
				may take place between 7:00 A.M and 6:00 P.M. on business days or on days and at
				times at which construction is taking place, or at such other times as may be
				acceptable to the owner or the owner's representative, or otherwise in case of
				emergency.