New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 6 - REHABILITATION SUBCODE › Section 5:23-6.2 - Applicability and compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter,
				adopted pursuant to authority of the State Uniform Construction Code Act
				(P.L.
				1975, c.217), and entitled "Rehabilitation Subcode,"
				shall be known and may be cited throughout the regulations as
				N.J.A.C.
				5:23-6, and when referred to in subchapter 6 of
				this chapter, may be cited as "this subchapter" or "this subcode." 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.
(b) Scope: Except as otherwise specified, this
				subchapter shall control all matters concerning the repair, renovation, alteration,
				reconstruction, change of use, and addition to all buildings and structures and
				their service equipment as defined herein and shall apply to all existing buildings
				and structures in the State of New Jersey.
1. This
				subchapter shall not be applied to any building or portion thereof that has never
				been occupied. In such buildings or spaces, the requirements of the other subcodes
				of the Uniform Construction Code for new construction shall apply.
2. All work shall be classified by the
				construction official, in consultation with the appropriate subcode official(s), as
				one or more of six categories: repair, renovation, alteration, reconstruction,
				change of use, and additions. Specific requirements are established for each work
				category.
i. If a structure is demolished except
				for a de minimis amount, the construction official shall designate the replacement
				structure as a new structure and apply the requirements of the Uniform Construction
				Code applicable to new construction.
3. Work of more than one category may be part of a
				single work project.
i. Where a project includes
				repair, renovation or alteration work, then the work in each such category shall
				comply with the requirements for that category of work.
ii. Where a project is a reconstruction project
				which includes repair, renovation or alteration work, then the work in each such
				category shall comply with the requirements for that category of work.
iii. Where an alteration project results in a new
				building element, then each such new element shall comply with the requirements for
				new building elements.
iv. Where a
				project is a reconstruction project, then the entire work area shall comply with the
				basic requirements of this subcode. Where a reconstruction project in a building
				involves more than one work area, then each work area shall comply with the
				requirements of this subcode. Additionally, reconstruction projects shall comply
				with the supplemental requirements of this subcode where they exceed the size
				requirements specified by this subcode in the sections governing supplemental
				requirements.
v. Where the use of a
				building or portion thereof is changed, then the building or portion thereof shall
				be made to conform to the requirements of this subcode for a change of use. Where
				work is required by
				N.J.A.C.
				5:23-6.31f or a change of use to be approved, then
				that work shall comply with the requirements of this subcode for changes of use.
				Where a project undertaken in connection with a change of use involves repairs,
				renovations or alterations which are not required by this subcode for the change of
				use, then the work in each such category shall comply with the requirements of this
				subcode for that category.
vi. Where the
				work project involves an addition to a building, then the addition shall comply with
				the requirements of the other subcodes of the Uniform Construction Code for new
				buildings. Any repair, renovation or alteration undertaken in an existing building
				in connection with an addition shall comply with the requirements of this subcode
				for such category of work.