New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 70 - UNIFORM FIRE CODE › Subchapter 4 - FIRE SAFETY CODE › Section 5:70-4.3 - Relationship to Uniform Construction Code

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A building in full
				compliance with the subcodes adopted pursuant to the Uniform Construction Code Act
				and regulations in force at the time of its construction and possessing a valid
				certificate of occupancy shall not be required to conform to the more restrictive
				requirements established by this subchapter, except as may be required by (a)4
				through 9 below.
1. Exception to (a) above: A
				building or portion thereof of Use Group A-2 nightclub shall be required to conform
				to the more restrictive requirements established by this subchapter unless the
				building is in full compliance with the Building Officials and Code Administrators
				National Building Code, 1990 edition or a later edition of the building subcode of
				the Uniform Construction Code, and possesses a valid certificate of
				occupancy.
2. A variation issued in
				writing pursuant to the Uniform Construction in connection with the construction of
				a building shall remain in force and effect provided that all of the conditions of
				the variation continue to be met and shall not be reversed or modified for purposes
				of establishing compliance with this subchapter.
3. In accordance with
				5:23-6.2, certificates of occupancy for
				projects in compliance with the requirements of the Rehabilitation Subcode of the
				New Jersey Uniform Construction Code (N.J.A.C. 5:23-6 ) are specific to the work
				undertaken and shall not obviate the need for a building to be brought into
				compliance with this subchapter.
i. In accordance
				with 5:23-6.2(g)3  i, a
				variation issued in writing pursuant to the Uniform Construction Code in connection
				with a rehabilitation project shall remain in force and effect, provided that all of
				the conditions of the variation continue to be met, and shall be accepted for
				purposes of establishing compliance with this subchapter for the portion of the
				building to which the variation applies.
ii. In accordance with
				5:23-6.2(i), for
				variation requests involving provisions of this subchapter which have been
				incorporated into the Rehabilitation Subcode, the construction official is required
				to consult with the fire official. If the fire official is also licensed as a fire
				protection subcode official under the Uniform Construction Code, then the approval
				of the fire official shall be required on such variation requests.
4. The requirements of
5:70-4.19
shall apply to all one- and two-family or attached single
				family structures other than newly constructed buildings at the time of initial
				occupancy, regardless of their state of compliance with the Uniform Construction
				Code or any other code.
5. The
				requirements of 5:70-4.7(j)  shall
				apply to all dormitory buildings, as defined in this Code, unless the provisions of
				(b) below are applicable.
6. The
				requirements of 5:70-4.7(c)  shall
				apply to all nursing homes, as defined in this Code, unless the provisions of (b)
				below are applicable.
7. The
				requirements of 5:70-4.20 shall apply to all casino
				hotel buildings, unless the provisions of (b) below are applicable.
8. The requirements for carbon monoxide detection
				at N.J.A.C.
				5:70-4.9(d)  shall apply to all
				Use Groups, other than newly-constructed buildings at the time of initial occupancy,
				regardless of their state of compliance with the Uniform Construction
				Code.
9. Any commercial cooking
				operations producing grease-laden vapors shall be required to conform to the more
				restrictive requirements established by this subchapter, unless the commercial
				cooking operation is in full compliance with the Building Officials and Code
				Administrators National Mechanical Code, 1984 edition or a later edition of the
				mechanical subcode of the Uniform Construction Code, and possesses a valid
				certificate of occupancy or certificate of approval for newly-installed cooking
				operations.