reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.16A - Records retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the
				following documents shall be retained by the construction official for the life of
				the building or structure:
1. Construction
				applications;
2. Permits;
3. Permit updates;
4. Decisions on applications for
				variations;
5. Decisions of the
				Construction Board of Appeals;
6.
				Certificates of occupancy;
7. Elevator
				inspections;
8. The ongoing inspection
				control card; and
9. Notices of unsafe
				structure.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.17 - Demolition or removal of structures; abandoned wells

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service connections:
				Before a structure can be demolished or removed, the owner or agent shall notify all
				utilities having service connections within the structure, such as water, electric,
				gas, sewer and other connections. A permit to demolish or remove a structure shall
				not be issued until releases are obtained from all utilities that provided service
				to the property, stating that their respective service connections and appurtenant
				equipment, such as meters and regulators, have been removed or sealed or plugged in
				a safe manner.
(b) Abandoned wells:
1. In the event that there is a well on the
				property that has been abandoned, or that will be abandoned in conjunction with the
				proposed demolition, a permit to demolish or remove a structure on that property
				shall not be issued until a certification has been obtained from a well driller
				licensed by the Department of Environmental Protection indicating that the well has
				been sealed in accordance with N.J.A.C. 7:9-9. If such certification is not
				presented within 15 days of the application for the permit, the construction
				official shall give notice of the absence of such certification to the Bureau of
				Water Allocation, Department of Environmental Protection, PO Box 029, Trenton, NJ
				08625-0029.
2. Notice shall also be
				given by the construction official to the Bureau of Water Allocation in the event of
				any demolition activity found to have been undertaken without a permit at a building
				or premises currently or previously served by a well and in any other case in which
				no permit application for demolition has been made but the construction official
				becomes aware that a well has been, or is about to be, abandoned without having been
				sealed by a licensed well driller.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.17A - Minor work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The issuance of a permit shall not be required
				before minor work may proceed. The owner, or an architect or contractor acting on
				behalf of the owner, shall, however, provide notice of the work to the enforcing
				agency before work begins.
(b) Notice of
				work; application:
1. Notice of minor work shall
				be oral or written and submitted in person or electronically to local enforcement
				agency and shall be given before work commences. Notice shall include a brief
				summary and the location of the work to be performed. Such notice shall be consent
				for the enforcing agency to enter and inspect in the same manner a permit
				application is consent.
2. In addition
				to the notice, the owner or his or her agent shall be required to file a permit
				application. The completed permit application shall be delivered in person or by
				mail to the enforcing agency, within five business days from the date of the notice.
				The fee shall be paid prior to the issuance of the construction
				permit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.18 - Inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Preliminary inspection: Before issuing a
				permit, the construction official and appropriate subcode official shall, where
				necessary, examine or cause to be examined all buildings, structures and sites for
				which an application has been filed for a construction permit.
(b) Inspections during the progress of work: The
				construction official and appropriate subcode officials shall carry out periodic
				inspections during the progress of work to ensure that work inspected conforms to
				the requirements of the code.
1. Inspections of
				one- and two-family dwellings for which construction must cease until the inspection
				is made shall be limited to the following:
i. The
				bottom of footing trenches before placement of footings;
(1) In the case of pile foundations, a pile log
				and certification prepared by a licensed design professional shall take the place of
				the inspection required by (b)1i above. Such certification shall include, but not be
				limited to, verification that the size, type, and location of the piles conforms to
				the released plans and that the piles are properly set to support the design loads.
				Such certification shall be based upon personal observations made by the design
				professional at the site;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.18A - Utility load management device installation programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a public
				utility proposes to undertake a program of installing load management devices at the
				properties of a substantial number of service customers within a limited period of
				time, it may apply to the Department for permission to utilize the procedure set
				forth in this section.
(b) A utility
				with a program to install load management devices shall submit detailed information
				to the Department on the design of the device.
(c) The utility shall provide an educational
				program acceptable to the Department to acquaint any interested Department personnel
				and municipal subcode officials with the device and with installation and operating
				procedures.
(d) The utility shall insure
				that all devices to be installed are identical in design, listed and labeled or
				otherwise approved according to this chapter for their intended use.
(e) At least one month in advance of any
				installations, the utility shall submit to the Department, and to each affected
				municipality, notice of the anticipated number of installations to be performed in
				each municipality. A maximum and a minimum figure may be submitted where there is
				uncertainty about the number to be scheduled by customers. An approximate number of
				weeks for installations in that municipality shall be given along with an
				approximate number of installations per week.
1.
				Each week, in advance of installation, the utility shall notify the municipality of
				any change in the anticipated number of installations for that week. No weekly
				number of installations shall be so great that the cumulative number of
				installations in the municipality shall exceed the maximum anticipated number
				submitted.
2. Prior to the commencement
				of any installation, and as soon as may be practicable, the utility or its
				contractors will provide to each municipality notice of the actual sites of
				installations.
3. The Department and the
				municipalities shall be notified as soon as possible in the event of any change in
				existing schedules by the utility or its contractors.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.18B - Utility area lighting facility installation program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever an electric
				utility proposes to undertake installation of area lighting facilities located on
				private property on metal poles with an underground electric feed, having no
				ancillary utility facilities attached to said poles, the utility shall follow the
				procedures set forth in this section.
(b) Installation of an area lighting facility
				shall be treated as minor work in accordance with
				5:23-2.17A. The utility shall, within
				five business days after verbal notice to the enforcing agency of a proposed
				installation, mail a permit application to the enforcing agency setting forth, at a
				minimum, the identity of the utility, the street address and location of the site
				lighting facilities, the number of facilities to be installed and a description of
				the installation.
(c) The utility shall
				pay a fee which shall be computed at 25 percent of the otherwise applicable permit
				fee chargeable for such installations as per the Department fee schedule established
				under 5:23-4.20(c)2  i(2) and
				iii(1).
(d) If any violations are noted
				by an inspector, the inspector shall notify the affected utility and the Department.
				Code officials shall not issue "Stop Construction Orders" or "Notices of Violation"
				for such installations unless expressly authorized to do so by the
				Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.18C - Use and occupancy of swimming pools, spas and hot tubs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful
				to continue the use and occupancy of a swimming pool, spa or hot tub until a copy of
				a valid bonding and grounding certificate has been made available to the
				construction official, the pool, spa or hot tub has been inspected, and an
				electrical certificate of compliance has been issued. This requirement shall apply
				to any swimming pool, hot tub or spa located on any property other than one or
				two-family residential property and includes, but is not limited to, pools, hot tubs
				or spas open for the use of members, residents or the public.
1. The electrical certificate of compliance shall
				be issued annually by the local enforcing agency upon the presentation of a valid
				bonding and grounding certificate, satisfactory completion of an inspection by the
				electrical subcode official and payment of an inspection fee. This certificate shall
				be evidence that, based upon a visual inspection, the wiring in or around the pool
				pump and associated electrical equipment is free from electrical safety hazards, and
				meets the applicable requirements of the electrical subcode.
2. The bonding and grounding certificate shall be
				issued in accordance with
				5:23-2.20(e).
3. A bonding and grounding certificate shall also
				be required for swimming pools, spas, or hot tubs which either are newly constructed
				or have undergone modifications that impact the bonding or grounding system. No
				additional visual inspection shall be required for the issuance of an electrical
				certificate of compliance where a construction permit is issued for the electrical
				work pertaining to the pool, spa, or hot tub.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.18D - Carnival and fair electrical systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall
				be unlawful to operate a portable or vehicle-mounted generator and the associated
				components of the portable distribution system serving carnivals and fairs until a
				valid certificate of compliance, issued in accordance with
				N.J.A.C.
				5:23-2.20(f), has been made
				available to the Department.
1. Upon receipt of
				the required itinerary, as required by
				N.J.A.C.
				5:14A-9.2, the Department may inspect the portable
				generator and associated components to verify compliance with the applicable
				sections of the electrical subcode.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.19 - Special technical services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				construction official and the appropriate subcode official determine that a need for
				special technical services exists with regard to a particular project for which the
				municipal enforcing agency is classified to perform plan review, the construction
				official may require the applicant to obtain and furnish to the construction
				official, at the applicant's expense, a report from a licensed engineer or
				registered architect. Such report shall contain the information deemed necessary by
				the construction official to aid in his determination. Such may include, but not be
				limited to:
1. Analysis of materials and
				installation or design methods not covered by the provisions of the
				subcodes;
2. Site
				investigation;
3. Structural
				analysis;
4. Building systems analysis
				(that is, mechanical, electrical, vertical transportation, and so forth).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.20 - Tests and special inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All tests required by
				the provisions of the regulations shall be made and conducted under the supervision
				of the enforcing agency in accordance with such inspection and test procedures as
				may be prescribed by the provisions of the regulations, with the expense of all
				tests and special inspections to be borne by the owner or lessee or by the
				contractor performing the work.
1. Except as
				otherwise provided, tests conducted by persons authorized to conduct such tests in
				accordance with this chapter are not required to be witnessed by the local enforcing
				agency, unless the local enforcing agency determines such witnessing to be
				necessary.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.21 - Construction control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Responsibilities:
				The provisions of this section shall define the construction controls required for
				all buildings involving professional architecture/engineering services and delineate
				the responsibilities of such professional services together with those services that
				are the responsibility of the contractor during construction.
(b) Professional architecture or engineering
				services:
1. Design: All new, renovation,
				alteration, reconstruction, expansion, addition or modification work involving the
				practice of professional architecture or engineering, as defined by the statutory
				requirements of the professional registration and licensing laws of this State,
				shall be prepared by registered architects or licensed engineers. All plans,
				computations and specifications required for a construction permit application must
				be prepared by or under the direct supervision of a registered architect or licensed
				engineer and bear his or her signature and seal in accordance with the State's
				statutes and regulations governing the professional registration and licensing of
				architects and engineers.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.22 - Premanufactured construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Premanufactured
				construction certified in accordance with N.J.A.C. 5:23-4A and 4D, as applicable,
				and carrying an appropriate label, shall be accepted as conforming to the
				requirements of the regulations to the extent provided for by the particular label
				for purposes of local construction inspection approval.
1. Prior to accepting the unit, the appropriate
				subcode official may require the performance of nondestructive tests.
2. In the case of visible signs of damage and/or
				any visible code violations, the construction official shall consider the
				seriousness of the nonconformance or damage and accordingly issue a Temporary
				Certificate of Occupancy or Certificate of Occupancy or deny such Certificate. If a
				Temporary Certificate is issued or a Certificate is denied, the construction
				official shall request that the label-issuing agency reaffirm in writing that the
				assembly still conforms to the regulations and notify the Department in
				writing.
3. No inspection requiring
				disassembly, damage to, or destruction of certified premanufactured construction
				shall be conducted.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.23 - Certificate requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New buildings: A building or structure
				hereafter erected shall not be used or occupied in whole or part until a form of
				certificate of occupancy shall have been issued by the construction official.
1. The enforcing agency shall upon application by
				the owner issue a certificate of occupancy when all requirements of the regulations
				have been met.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.23A - Permits and certificates for multi-tenant buildings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Construction permits
				for multi-tenant buildings shall be issued as follows:
1. A single construction permit shall be issued
				for the entire structure including all tenant spaces if:
i. The permit applicant is undertaking all the
				work;
ii. All the work is, or will be
				shown as, a single set of plans;
iii.
				All work is intended to be undertaken by the same team of contractors; and
iv. The certificate of occupancy or certificate of
				approval, as applicable, for all tenant spaces will be sought before or at the same
				time as that for the entire building. Plans for individual tenant spaces may be
				submitted as permit updates if all of the above conditions are met.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.24 - Conditions of certificate of occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certificate of
				occupancy shall be conditioned upon the following:
1. That the completed project meets the conditions
				of the construction permit, and all prior approvals and has been done substantially
				in accordance with the code and with those portions of the plans and specifications
				controlled by the code;
2. That all
				required fees have been paid in full;
3.
				That all necessary inspections have been completed and that the completed project
				meets the requirements of the regulations;
4. That all violations have been corrected and
				that any assessed penalties have been paid;
5. That all protective devices and equipment
				required to be installed by the regulations will continue to be operational as
				required by the regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.25 - Establishment of fees

Current through Register Vol. 56, No. 14, July 15, 2024
The municipality, in accordance with this chapter, shall
				  establish by ordinance enforcing agency fees for the following activities: plan
				  review; construction permits; certificate of occupancy; elevator device inspections
				  and tests; demolition permit; moving of building permit; lead abatement clearance
				  certificate; annual electrical inspection of swimming pools, spas and hot tubs; and
				  sign permit. The fee shall be collected prior to the issuance of the permit or
				  certificate. A schedule of such fees shall be posted in the office of the
				  construction official and shall be accessible to the public.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.27 - Refunds

Current through Register Vol. 56, No. 14, July 15, 2024
In the case of discontinuance of a building project, the volume
				  of the work actually completed shall be computed. Any excess for the uncompleted
				  work shall be returned to the permit holder; except that all penalties that may have
				  been imposed on the permit holder under the requirements of the regulations shall
				  first be collected. Plan review fees are not refundable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.28 - Volume computation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General: For the
				determination of the permit fees, the volume of the structure shall be computed as
				provided in this section.
(b)
				Structures: The volume of the structure shall include all enclosed dormers, porches,
				penthouses and other enclosed portions of the structure measured from the top of the
				floor assembly of the first story above grade to the mean height of a pitched roof,
				or the average height of the top of the roof beams of a flat roof.
1. With a basement/cellar: When a basement/cellar
				is included in the design of a structure, the volume of the basement shall be
				measured from the basement/cellar floor to the top of the floor assembly of the
				first story above grade and added to the structure volume calculation from (b)
				above.
2. Without a basement/cellar:
				When a structure does not include a basement/cellar in the design, the volume of the
				space below the floor assembly of the first story above grade shall be measured by
				using the distance from the top of the floor assembly of the first story above grade
				to the bottom of the footings divided by five (one-fifth the total distance), but
				this distance is not to exceed 21/2 feet below the top of the floor assembly of the
				first story above grade, and then added to the structure volume calculation from (b)
				above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.29 - Entry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of any premises upon which a
				building or structure is to be constructed shall be deemed to have consented to
				inspection, by the enforcing agency, of the entire premises and of any and all
				construction being performed on it until a certificate of occupancy has been
				issued.
(b) An inspector, or team of
				inspectors, on presentation of proper credentials, shall have the right to enter and
				inspect such premises, and any and all construction thereon, for purposes of
				insuring compliance with the provisions of the applicable construction permit, and
				the regulations. All inspection pursuant to the act and the regulations shall be
				between the hours of 9:00 A.M. and 5:00 P.M. on business days, or when construction
				is actually being undertaken; provided, however, that inspections may be conducted
				at other times if the enforcing agency has reasonable cause to believe that an
				immediate danger to life, limb or property exists, or if permission is given by an
				owner, or his agent, architect, engineer or builder. No person shall accompany an
				inspector or team of inspectors on any inspection pursuant to the regulations,
				unless his presence is necessary for the enforcement of the regulations, or unless
				consent is given by an owner or his agent, architect, engineer or builder.
(c) Any construction official, subcode official or
				any inspector, presenting themselves for inspection of any occupied building shall
				present to the owner the owner's agent or occupant their personal identification as
				provided by the municipality.
(d) After
				the certificate of occupancy shall have been granted, the construction official
				shall not enter upon such premises for purpose of inspection, unless upon reasonable
				grounds to believe that a condition of the certificate of occupancy has been
				violated, or in the case of equipment granted approvals of limited duration pursuant
				to this subchapter, or in the case of emergencies, or unsafe buildings, or upon
				reasonable cause to believe construction work is underway without a permit having
				been issued.
(e) If the owner or
				occupant improperly denies entry to the construction official, the construction
				official, or his or her authorized representative, shall obtain an administrative
				warrant or other legal remedy to secure entry issued by a court of competent
				jurisdiction.
(f) Nothing herein is
				intended to limit the right of a municipality to adopt property maintenance
				regulations and provide for inspection, pursuant to any other law, ordinance or
				judicial decision of this State. However, no such regulation shall conflict with any
				provision of the regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.30 - Violation, notice and orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the
				construction official or the appropriate subcode official shall determine that there
				exists a violation of the provisions of the regulations or where there exists a
				violation of a permit or certificate issued under the regulations, the appropriate
				subcode official shall issue a notice of violation and orders to terminate directing
				the discontinuance of the illegal action or condition and the correction of the
				violation.
(b) The notice and orders
				shall contain at least the following information:
1. The name and address of the owner; the address
				at which the violation occurred; the name and address of the person to whom the
				order is directed, and if it be other than the owner, a copy shall be delivered to
				the owner or his agent stating that the owner bears joint responsibility for
				bringing about compliance with the person named and that if a penalty is imposed,
				the enforcing agency will not issue a certificate of occupancy until such penalty
				has been paid; the permit number; a citation to the sections of the regulations
				violated; an order to terminate violations within a time specified in the order; the
				amount of penalty assessed, if any, and if cumulative, an explanation of the method
				of computation; and shall be signed by the appropriate subcode official or the
				construction official.
2. Unless an
				immediate hazard to health and safety is posed, the construction official or
				appropriate subcode official shall permit such time period for correction as is
				reasonable within the context of the situation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.31 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the notice of
				violation and orders to terminate have not been complied with, the construction
				official in addition to any other available remedies likely to bring about
				compliance, may request the legal counsel of the municipality, or of the joint
				enforcement agency, or the Attorney General in the case of the State, to institute
				the appropriate proceeding at law or in equity to restrain, correct, or abate such
				violation or to require the removal or termination of the unlawful use of the
				building or structure in violation of the provisions of the regulations or of the
				order or direction made pursuant thereto.
(b) Penalties:
1. Any person or corporation, including an
				officer, director or employee of a corporation, shall be subject to a penalty if
				that person:
i. Violates any of the provisions of
				the act or the regulations;
ii.
				Constructs a structure or building in violation of a condition of a building
				permit;
iii. Fails to comply with any
				order issued by an enforcing agency or the department;
iv. Makes a false or misleading written statement,
				or omits any required information or statement in any application or request for
				approval to an enforcing agency or the department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.33 - Service of notice

Current through Register Vol. 56, No. 14, July 15, 2024
Except as is specifically provided for by the act with respect to
				  stop construction orders, service of notices and orders pursuant to this section
				  shall be upon the owner or the person specified as agent for receipt of same in the
				  application for a permit or the person responsible for the work or in the case of
				  unsafe structures upon any agent or person in control of the building. Service may
				  be made by personal delivery or by leaving a copy at the dwelling house or usual
				  place of abode of such person, with a competent member of his household of the age
				  of 14 years or older than residing therein, or by any other method or upon any other
				  person approved pursuant to Rules 4:4-4 and 4:4-5 of the New Jersey Supreme Court,
				  or which is otherwise consistent with due process.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.34 - Protection of adjoining properties and public rights of way

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Owners who undertake
				construction, rehabilitation, or demolition work at their properties shall protect
				adjoining properties and public rights of way from damage or hazardous conditions
				caused by the work.
1. In instances where it may
				be necessary to access the adjoining property to provide such protection, the owner
				intending to undertake the construction, rehabilitation, or demolition work that
				could potentially damage adjoining properties shall deliver written notice of such
				intent to the owners of the affected properties. The notice shall request written
				permission to enter the adjoining properties to determine the measures that must be
				taken to safeguard the properties from damage.
i.
				Written consent from the owners of the adjoining properties must be obtained prior
				to entering the properties.
ii. In those
				cases where owners of adjoining properties refuse access, work shall not proceed
				unless access to the properties is granted by the courts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.35 - Enforcement actions after issuance of certificate(s) of occupancy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subsequent to the
				issuance of a certificate of occupancy, the construction official shall issue a
				notice of violation for any violation of the provisions of the Code in effect at the
				time of permit application that comes to his or her attention. Pursuant to
				N.J.S.A.
				2A:14-1.1, no notice of violation may be issued to
				the developer or to any contractor more than 10 years after issuance of the
				certificate of occupancy.
1. If violations of any
				of the following provisions of the Code in effect at the time of permit application
				are found in a residential structure in a development, other than Group R-1,
				subsequent to the issuance of a certificate of occupancy, the construction official
				shall issue such notices and orders as may be necessary to ensure that all units
				within the development that might have similar violations are inspected for such
				violations and that any such violations found are cited and abated:
i.  N.J.A.C. 5:23-2.32, Unsafe
				structures;
ii. The following provisions
				of the building subcode:
(1) Chapter 4, Special
				Detailed Requirements Based on Use and Occupancy, except for Sections 401, 402.3,
				409, and 412;
(2) Chapter 7, Fire and
				Smoke Protection Features;
(3) Section
				803, Wall and Ceiling Finishes;
(4)
				Chapter 9, Fire Protection and Life Safety Systems; and
(5) Chapter 10, Means of Egress, except for
				Sections 1011.5.4, 1011.5.5, 1011.11, 1011.12, 1030.14, 1030.16, and
				1030.17;
iii. The following
				provisions of the one- and two-family dwelling subcode:
(1) Section R302.1, Exterior walls (Fire-Resistant
				Construction);
(2) Section R302.2,
				Townhouses (Fire-Resistant Construction);
(3) Section R302.3, Two-family dwellings
				(Fire-Resistant Construction); and
(4)
				Section R314, Smoke Alarms.
iv. The following provisions of the electrical
				subcode:
(1) Section 240.3, Other
				Articles;
(2) Section 240.4, Protection
				of Conductors;
(3) Section 250.4,
				General Requirements for Grounding and Bonding;
v. Chapter 11, Accessibility, of the building
				subcode; and
vi. Any structural
				deficiency, which is present or likely to occur that has the potential for injury or
				significant damage to the livability of a home. This shall include any structural
				member that exceeds the permitted deflection established at
				N.J.A.C.
				5:23-6.5(c)1 i through
				iii.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.36 - Electric vehicle supply equipment and make-ready parking spaces

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Buildings containing
				five or more dwelling units of Groups R-2 or R-3 shall provide electrical vehicle
				supply equipment or make-ready parking spaces, as follows:
1. A minimum of 15 percent of the off-street
				parking approved by a municipality shall be electrical vehicle make-ready parking
				spaces. One-third of the required electrical vehicle make-ready spaces shall be
				provided with electrical vehicle supply equipment;
2. Non-accessible make-ready parking spaces or
				non-accessible parking spaces provided with electrical vehicle supply equipment
				shall be a minimum of 108 inches in width and 18 feet in length;
3. Accessible make-ready parking spaces or
				accessible spaces provided with electrical vehicle supply equipment shall comply
				with the requirements for a van accessible parking space that is 132 inches minimum
				in width with an adjoining access aisle that is 60 inches minimum in width and 18
				feet in length; and
4. At least five
				percent of vehicle spaces served by electrical vehicle supply equipment, but not
				fewer than one for each type of electric vehicle charging system, shall be
				accessible. The types of electrical vehicle charging systems are defined within the
				Office of Local Planning Services, Department of Community Affairs, in its Model
				Statewide Municipal EV Ordinance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.37 - Elevation of an existing building

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service connections:
				Before a building can be elevated, the owner or agent shall notify all utilities
				having service connections within the building, such as water, electric, gas, sewer,
				and other connections. A permit to elevate shall not be issued until releases are
				obtained from all utilities that provide service to the property, stating that their
				respective service connections and appurtenant equipment, such as meters and
				regulators, have been removed or sealed or plugged in a safe manner.
1. Exception: No release from the utility shall be
				required for the disconnection of water or sewer service outside of the utility
				right-of-way.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.38 - Department appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever the Department shall act as the
				enforcing agency under the State Uniform Construction Code Act (52:27D-128), an
				appeal in lieu of the appeal to the county, municipal or joint construction board of
				appeals may be made to the Hearing Coordinator, Division of Codes and Standards,
				Department of Community Affairs, PO Box 802, Trenton, NJ 08625.
1. The case shall be adjudicated before the Office
				of Administrative Law and the final decision shall be issued by the
				Commissioner.
2. Such hearings shall be
				governed by the provisions of the Administrative Procedure Act, 52:14B-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the time
				provisions applicable to construction boards of appeal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS › Section 5:23-2.39 - Automatic fire suppression systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications for tax
				exemption pursuant to P.L. 1983, c.309 shall be made on a form prepared by the
				Department of Treasury, Division of Taxation, and made available to the public at
				the office of the enforcing agency.
(b)
				Construction official's responsibilities:
1. The
				construction official shall have responsibility for determining the eligibility of
				any proposed automatic fire suppression systems.
2. The construction official shall consult with
				the appropriate subcode officials in determining conformity with the building and
				fire protection subcodes and their referenced standards, as well as, where
				applicable, the most recently published editions of NFPA 13D, NFPA 20, NFPA 22 and
				NFPA 24. A system shall only be eligible for tax exemption if it conforms to such of
				these standards as are applicable to that type of automatic fire suppression system
				and appurtenant installations.
i. A system shall
				not be deemed ineligible because it is in a new building or because it only provides
				coverage to part of a building.
3. The construction official shall, in addition,
				review the cost estimates provided by the applicant.
4. The construction official may require
				documentation in the form of signed contracts, contractor estimates and the like if
				he deems it necessary.
5. The
				construction official shall grant or deny certification of the system prior to
				issuance of the construction permit and shall notify the applicant of his decision
				at that time.
6. The construction
				official shall forward a copy of the approved application for exemption to the
				municipal assessor for his action upon issuance of the certificate of occupancy or
				certification of completion.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section of the
				regulations, adopted pursuant to authority of the State Uniform Construction Code
				Act and entitled "Subcodes," shall be known and may be cited throughout the
				regulations as "N.J.A.C. 5:23-3," and when referred to in this subchapter may be
				cited as "this subchapter."
(b) When
				used alone, the term "subchapter," "section," and so forth, refers to that portion
				of the regulations. When used in conjunction with the term "building subcode,"
				"plumbing subcode" or "electrical subcode," and so forth, the term "article" or
				"section," and so forth, refers to that subcode.
(c) This subchapter shall control matters relating
				to:
1. The adoption of subcodes of the Uniform
				Construction Code.
2. Modifications to
				the subcodes adopted.
3. The
				organization of enforcement responsibilities.
4. The use of standards of accepted
				practice.
5. Approvals and
				interrelations.
6. The division of plan
				review responsibilities and State reserved activities; and
7. Procedures for adoption of future subcode
				amendments.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.2 - Matters covered; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as is
				otherwise provided in (b), (c) and (d) below, the provisions of this subchapter
				shall apply uniformly throughout the State. Any standards other than those provided
				herein are void and of no effect.
(b)
				Rules concerning exceptions in health care facilities are as follows:
1. Construction or rehabilitation of health care
				facilities shall be in accordance with this code and with the "Guidelines for Design
				and Construction of Health Care Facilities" (Facilities Guidelines Institute),
				current edition. All health care facilities shall comply with National Fire
				Protection Association (NFPA) 101, the Life Safety Code, as referenced in the rules
				promulgated by the Centers for Medicare and Medicaid Services. In the event of any
				conflict, the more restrictive code provision shall govern.
2. The Department of Health may adopt licensing
				standards for the physical plant and environment of health care facilities that
				supplement this code and the "Guidelines for Design and Construction of Health Care
				Facilities," although these standards may not be in conflict with these
				codes.
3. The publication "Guidelines
				for Design and Construction of Health Care Facilities" is available from the
				American Society for Healthcare Engineering (ASHE) of the American Hospital
				Association, 155 Wacker Dr., Chicago, IL 60606 and can be ordered through the
				Facilities Guidelines Institute at
www.fgiguidelines.org
.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.3 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				the delineation of responsibility for enforcement specified herein, subject to
				specific reservations by the Department to itself, the appropriate official(s) shall
				enforce the subcode and shall act on any question relative to the mode or manner of
				construction, and the materials to be used in the erection, addition to, repair,
				renovation, alteration, reconstruction, removal, demolition, installation of service
				equipment, and the location, use and occupancy of all buildings and structures,
				except as may be otherwise specifically provided for in the regulations, including,
				but not limited to:
1. Applications, certificates
				and permits: Such official(s) shall review applications for permits for the
				erection, repair (other than ordinary maintenance), renovation, alteration and
				reconstruction of buildings and structures; indicate approval or denial to the
				construction official; and inspect the premises for which such permits have been
				issued and enforce compliance with the provisions of the regulations.
2. Notices and orders: Such official(s) shall
				issue all necessary notices or orders to remove illegal or unsafe conditions; to
				require the necessary safeguards during construction; and to insure compliance with
				all requirements for the safety, health and general welfare of the public.
3. Inspections: Such official(s) shall make all
				the required inspections, and all reports of such inspections shall be in writing
				and certified by them or they may engage such expert opinion as he may deem
				necessary to report upon unusual technical issues that may arise, subject to the
				approval of the construction official and appointing authority.
4. Enforcing agency records: Such official(s)
				shall assist in the keeping of official records of applications received, permits
				and certificates issued, fees collected, reports of inspections, and notices and
				orders issued as may be required by the construction official.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 3 - SUBCODES › Section 5:23-3.5 - Posting structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Posted use and
				occupancy: Every building and structure and part thereof designed for business,
				factory and industrial, high hazard, mercantile, or storage use, (use groups B, F,
				H, M and S) as defined in chapter 3 of the building subcode shall be posted on all
				floors by the owner with a suitably designed placard in a form designated by the
				building subcode official, which shall be securely fastened to the structure in a
				readily visible place, stating the use group and the live load and occupancy
				load.
(b) Posted occupancy load: Every
				building and structure and part thereof designed for use as a place of public
				assembly or as an institutional building for harboring people for penal,
				correctional, educational, medical or other care or treatment (use groups A, E and
				I) shall be posted with an approved placard designating the maximum occupancy
				load.
(c) Replacement of posted signs:
				All posting signs shall be furnished by the owner and shall be of permanent design;
				they shall not be removed, or defaced and, if lost, removed or defaced, shall be
				immediately replaced.
(d) Posted
				hydraulic system data plate: In lieu of the nameplate of the referenced NFPA
				standard(s), fire sprinkler system contractors are required to identify
				hydraulically designed fire sprinkler systems by affixing a permanently marked
				weatherproof metal or rigid plastic sign at the alarm valve. The nameplate shall
				contain information relative to the design parameters of the system as indicated on
				Form No. F380. The plate shall be secured at the alarm valve with corrosion
				resistant wire, chain, or other approved means.
(e) Identifying emblems for structures with truss
				construction: Identifying emblems shall be permanently affixed to the front of
				structures with truss construction as required by
				5:70-2.20.
1. The emblem shall be of a bright and reflective
				color, or made of reflective material. The shape of the emblem shall be an isosceles
				triangle and the size shall be 12 inches horizontally by six inches vertically. The
				following letters, of a size and color to make them conspicuous, shall be printed on
				the emblem:
i. "F" to signify a floor with truss
				construction;
ii. "R" to signify a roof
				with truss construction; or
iii. "F/R"
				to signify both a floor and roof with truss construction.