reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 10 - RADON HAZARD SUBCODE › Section 5:23-10.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words, terms, and abbreviations, when used in this
				  subchapter, shall have the following meanings unless the context clearly indicates
				  otherwise.
"Foundation pipe drain" means a drain placed around the perimeter
				  of a foundation that utilizes a perforated pipe. An "interior foundation pipe drain"
				  is one placed around the internal perimeter of a foundation. An "exterior foundation
				  pipe drain" is one placed around the external perimeter of a foundation.
"French drain" or "channel drain" means a path used to assist with
				  water drainage which is installed in basements of some structures during initial
				  construction, which consists of a gap (typically one-half to one and one-half inch
				  in width) between the basement block wall and the concrete floor slab around the
				  entire inside perimeter of the basement.
"Perforated pipe" means rigid plastic pipe that is a minimum wall
				  thickness of Sewer and Drain ASTM-D2729, with at least a two-and-a-half-inch
				  diameter hole every five *inches* of piping set approximately 120 degrees
				  apart.
"Picocurie per Liter (pCi/L)" means 2.2 disintegrations per minute
				  of radioactive material per liter. It may be used as a measure of the concentration
				  of radon gas in air. One picocurie is equivalent to 10-12 Curies.
"Radon collection mat" means an under slab prefabricated material
				  specifically made to create a lateral void space under a slab to allow water or air
				  to pass through it.
"Radon" means the radioactive noble gas radon-222.
"Radon progeny" means the short-lived radionuclides formed as a
				  result of the decay of radon-222, including polonium-218, lead-214, bismuth-214 and
				  polonium-214.
"Soil gas vent pipe" means a gas- and water-tight pipe not less
				  than three to four inches in diameter that is routed from perforated pipe or radon
				  collection mats (or equivalent approved method) to an approved location outside the
				  building.
"Sump" means a pit or hole in or through a basement floor slab
				  designed to collect water, and from which such water is drained by means of a
				  vertical-lift or sump pump.
"Sump pump" means a pump used to move collected water out of the
				  sump to an above grade discharge remote from the structure.
"Working level (WL)" means that concentration of short-lived radon
				  decay products that will result in 130,000 million electron volts of potential
				  alpha-particle energy per liter of air. Working level is a measure of radon decay
				  product concentration in air.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 10 - RADON HAZARD SUBCODE › Section 5:23-10.3 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this subchapter shall be
				enforced by the enforcing agencies having responsibility for the enforcement of this
				chapter.
(b) Enforcement responsibility
				shall be divided among subcode officials in the following manner:
1. Plan review and inspection with regard to
				compliance with N.J.A.C. 5:23-10.4(b) and
				(c) shall be the responsibility of the building
				subcode official, except that
				N.J.A.C.
				5:23-10.4(b)13 and (c)14 shall be
				the responsibility of the electrical subcode official; and
2. Enforcement responsibility for work other than
				which is required in
				5:23-10.4(b)  shall be
				as set forth in 5:23-3.4(a).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 10 - RADON HAZARD SUBCODE › Section 5:23-10.4 - Construction techniques

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Tier one radon hazard areas shall be
				identified in accordance with the county/municipal radon listing established by the
				Department of Environmental Protection. The current list of municipalities in tier
				one areas is set forth in Appendix 10-A of this subcode.
(b) Group E buildings: The construction techniques
				set forth in this subsection shall be the minimum radon hazard protective features
				required to be incorporated into construction of buildings in tier one areas, and
				may be incorporated elsewhere, in order to minimize radon and radon progeny entry
				and facilitate any postconstruction radon removal that may be required. Enumeration
				of these construction techniques is not intended to preclude voluntary use of
				additional or more extensive techniques. Full compliance with these construction
				techniques is not required for additions; however, those construction techniques
				that are feasible shall be incorporated.
1. A base
				course in accordance with Section 1805.4.1 of the building subcode shall be
				installed below slabs and foundations. There shall be a continuous base course under
				each soil gas vapor barrier that is separated by foundation walls or footings.
				Punctures, tears, and gaps around penetrations of the soil gas vapor barrier shall
				be repaired or covered with an additional soil gas vapor barrier.
i. The soil gas vapor barrier shall be a
				continuous 6-mil (0.15 mm) polyethylene or an approved equivalent.
ii. Approved alternative soil gas collection
				areas, such as sealed crawlspaces, shall be permitted.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 10 - RADON HAZARD SUBCODE › Appendix 10-A

Current through Register Vol. 56, No. 14, July 15, 2024
County
Municipality
Burlington
Chesterfield
Washington
Mansfield
Camden
Lawnside Borough
Runnemede
Magnolia
Somerdale
Cumberland
Bridgeton
Lawrence Township
Greenwich
Upper Deerfield Township
Gloucester
Deptford
South Harrison Township
East Greenwich
Swedesboro
Greenwich
Wenonah
Harrison
Woolwich
Hunterdon
All municipalities except
Union
Mercer
Ewing
Pennington
Hopewell Borough
Princeton Borough
Hopewell Township
Princeton Township
Lawrence
Middlesex
Highland Park
Piscataway
North Brunswick
Monmouth
Allentown
Marlboro
Colts Neck
Millstone Township
Freehold Borough
Roosevelt
Freehold Township
Shrewsbury Borough
Holmdel
Shrewsbury Township
Little Silver
Upper Freehold
Morris
Chester Borough
Morris
Chester Township
Morris Plains
Dover
Morristown
Harding
Mount Olive
Jefferson
Randolph
Kinnelon Borough
Riverdale
Long Hill
Roxbury
Mendham Borough
Victory Gardens
Mendham Township
Washington
Mine Hill
Wharton
Morris
Passaic
Pompton Lakes
West Milford
Salem
Mannington Township
Pilesgrove
Woodstown
Somerset
Bernardsville
Millstone
Bernards
Montgomery
Branchburg
Peapack & Gladstone
Bridgewater Township
Rocky Hill
Far Hills
Somerville
Hillsborough
Warren
Franklin
Watchung
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 11 - PLAYGROUND SAFETY SUBCODE › Section 5:23-11.1 - Subcode adopted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to authority at
				P.L.
				1999, c. 50 (N.J.S.A.
				52:27D-123.9 et seq.), the Commissioner hereby
				adopts the playground safety guidelines of the United States Consumer Product Safety
				Commission, known as the 2010 edition of the "Handbook for Public Playground Safety"
				(Pub. No. 325). These guidelines are hereby adopted by reference as the Playground
				Safety Subcode for New Jersey.
1. Copies of these
				guidelines may be obtained from the United States Consumer Product Safety
				Commission, Office of Information and Public Affairs, Washington, DC 20207,
http://www.cpsc.gov/
.
2. The "Handbook for Public Playground Safety" may
				be known and cited as the "Playground Safety Subcode."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 11 - PLAYGROUND SAFETY SUBCODE › Section 5:23-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Completely inclusive playground" shall mean a playground
				  designated for public use for children two to five years of age or five to 12 years
				  of age, with an accessible playground surface, a playground surface inspection, and
				  maintenance schedule with the standards detailed in the Americans with Disabilities
				  Act of 1990, 42 U.S.C. §§ 12101 et seq., and designed in accordance with
				  the rules adopted pursuant to subsection b. of
				  section
				  2 of
				  P.L.
				  1999, c. 50 (N.J.S.A.
				  52:27D-123.10). `
"Playground" shall mean an improved area designed, equipped, and
				  set aside for play of six or more children, which is not intended for use as an
				  athletic playing field or athletic court, and shall include any play equipment,
				  surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and
				  related structures.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 11 - PLAYGROUND SAFETY SUBCODE › Section 5:23-11.3 - Enforcement of subcode

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No permit shall be
				required for any element of playground construction that is not otherwise subject to
				the permit requirements of the State Uniform Construction Code.
(b) Compliance with the requirements of this
				subcode shall be the responsibility of the manager of the facility, of the owner of
				the facility and of the agency responsible for the administration of the
				facility.
(c) The facility manager
				and/or facility owner or agency responsible for administration of the facility shall
				certify in writing that any work performed complies with, and the facility is
				maintained in accordance with, all applicable provisions of this subcode and shall
				retain this certification on file.
(d)
				Complaints regarding lack of compliance with this subcode shall be in writing and
				shall be directed to the facility manager and the facility owner or agency
				responsible for administration of the facility. The facility manager or owner or
				administering agency shall respond in writing within 30 days to any written
				complaint received detailing the position taken with respect to the complaint. If
				the facility manager or owner or administering agency fails to respond in a manner
				satisfactory to the party registering the complaint, then the party shall have
				recourse to the appeals process as set forth at
				5:23-2.38.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 11 - PLAYGROUND SAFETY SUBCODE › Section 5:23-11.4 - Compliance schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All governmental and for-profit private
				entities operating playgrounds shall upgrade their playgrounds by replacement or
				improvement as necessary to comply with this subcode by October 18, 2004 for
				surfacing and by October 18, 2007 for all other elements, or, in the case of
				governmental entities, at such earlier date as State funds are made available for
				such purpose.
(b) All nonprofit entities
				operating playgrounds shall upgrade their playgrounds by replacement or improvement
				as necessary to comply with this subcode by October 18, 2004 for surfacing and by
				October 18, 2014 for all other elements.
(c) All newly constructed playgrounds built, and
				all new and replacement equipment installed, by a governmental, nonprofit or private
				for-profit entity more than six months after October 18, 1999 shall conform to the
				requirements of this subcode.
(d) All
				construction or alteration of playgrounds, playground equipment, and surfacing that
				are subject to the Playground Safety Subcode shall comply with the applicable
				provisions of the Barrier-Free Subcode (N.J.A.C.
				5:23-7).
1. In
				accordance with N.J.A.C. 5:23-7.19(d) 
				and ICC A117.1, Sections 302 and 303, surfaces of all routes and spaces required to
				be accessible shall be stable, firm, and slip-resistant. Sand and gravel shall,
				therefore, not be used as surfacing materials when new equipment is being installed,
				or a new safety surface is being put in place, and the barrier-free subcode is
				applicable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.1 - Title; scope; intent; definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter of
				the rules adopted pursuant to the authority of the Uniform Construction Code Act,
				entitled "Elevator Safety Subcode," shall be known and cited throughout this chapter
				as subchapter 12 or N.J.A.C. 5:23-12, and when referred to in this subchapter may be
				cited as "this subchapter."
(b) Unless
				otherwise specifically provided, all references to paragraphs, sections, or to
				provisions not specifically identified, shall be construed to refer to such
				paragraph or section or provision of this subchapter.
(c) This subchapter shall control all matters
				relating to administration of tests and inspections of elevator devices as defined
				in (e) below.
(d) It is the purpose of
				this subchapter to enhance the public safety, health, and welfare by ensuring that
				elevator devices as defined in this subchapter are inspected, tested, and maintained
				in accordance with nationally recognized, referenced standards and in accordance
				with the established inspection cycle for the building.
(e) For purposes of this subchapter, "elevator" or
				"elevator device" means a hoisting and lowering device equipped with a car or
				platform which moves in guides for the transportation of individuals or freight in a
				substantially vertical direction through successive floors or levels of a building
				or structure; or, a power driven, inclined, continuous stairway used for raising or
				lowering passengers; or, a type of passenger carrying device on which passengers
				stand or walk, and in which the passenger carrying surface remains parallel to its
				direction of motion and is uninterrupted. This includes, without limitation,
				elevators, escalators, moving walks, dumbwaiters, wheelchair lifts, manlifts,
				stairway chairlifts, and any device within the scope of ASME A17.1 (Safety Code for
				Elevators and Escalators), ASME A18.1 (Safety Standard for Platform Lifts and
				Stairway Chairlifts), or ASME A90.1 (Safety Standard for Belt Manlifts).
1. This definition shall not apply to any
				conveying devices and process equipment. Conveying devices include special purpose
				personnel elevators, mine elevators, marine elevators, wind turbine tower elevators,
				outside emergency elevators, material hoists, conveyors, and any other device
				outside of the scope of ASME A17.1, A18.1, or A90.1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.2 - Referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Periodic and acceptance tests and inspections,
				if applicable, shall be required on all new, altered, and existing elevators,
				dumbwaiters, moving walks, wheelchair lifts, manlifts, and stairway chairlifts. The
				required cyclical inspections and tests shall be performed in accordance with the
				most recent edition of ASME A17.1, ASME A18.1, or ASME A90.1 referenced in the
				building subcode. Requirements for periodic tests and inspections shall not apply to
				elevator devices in structures of Group R-3, R-4, or R-5, or to any elevator device
				located wholly within dwelling unit in a structure of Group R-2 if the device is not
				accessible to the general public.
1. Periodic,
				routine, and acceptance tests and inspections, as applicable, shall be required on
				all new, altered, and existing escalators.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.4 - Registration of elevator devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before July 1,
				1992, and thereafter as required by (e) below, the owner of every existing structure
				containing one or more elevator devices, other than a structure of Group R-3, R-4,
				or R-5, or other than an elevator device wholly within a dwelling unit in a
				structure of Group R-2 that is not accessible to the general public, shall register
				each elevator device with the Department on a form provided by the
				Commissioner.
(b) The owner of every new
				structure containing one or more elevator devices or with a newly installed elevator
				in an existing building shall register each elevator device with the Department, on
				a form provided by the Commissioner, prior to the issuance of a certificate of
				occupancy or certificate of approval as the case may be.
1. Exception: Elevators within a building of Group
				R-3, R-4, or R-5 shall not be required to be registered.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.5 - Registration fee

Current through Register Vol. 56, No. 14, July 15, 2024
The initial registration fee for each elevator device in any
				  structure that is not of Group R-3, R-4, or R-5, or that is not an exempted
				  structure of Group R-2, shall be $ 76.00. A reregistration fee of $ 76.00 shall be
				  required for each structure containing one or more elevator devices, upon change of
				  ownership.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.6 - Test and inspection fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Departmental fees for witnessing
				acceptance tests and performing inspections on new and altered elevator devices
				shall be as follows:
1. The basic fees for
				elevator devices in structures not of Group R-3, R-4, or R-5, or in an exempted
				structure of Group R-2, shall be as follows:
i.
Traction and winding drum elevators:
(1)
One to 10 floors
$340.00;
(2)
Over 10 floors
$567.00;
ii.
Hydraulic elevators
$302.00;
iii.
Roped hydraulic elevators
$340.00;
iv.
Escalators, moving walks
$302.00;
v.
Dumbwaiters
$76.00;
vi.
Stairway chairlifts, inclined and vertical wheelchair lifts,
						  and manlifts
$76.00.
2.
				Additional charges for devices equipped with the following features shall be as
				follows:
i.
Oil buffers (charge per oil buffer)
$60.00;
ii.
Counterweight governor and safeties
$151.00;
iii.
Auxiliary power generator
$114.00.
3. The Departmental
				fee for elevator devices in structures of Group R-3, R-4, or R-5, or otherwise
				exempt devices in structures of Group R-2, shall be $ 227.00 except fees for
				dumbwaiters, stairway chairlifts, and inclined and vertical wheelchair lifts shall
				be $ 76.00. These fees shall be waived when signed statements and supportive
				inspection and acceptance test reports are filed by an approved qualified agent or
				agency in accordance with
				5:23-2.19 and 2.20.
4. The fee for performing inspection of minor work
				shall be $ 76.00.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.7 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All elevator subcode
				officials and inspectors shall be licensed according to
				5:23-5.5.
(b) Any person aggrieved by any decision of the
				Department under these rules shall be entitled to a hearing pursuant to
				5:23-5.2.
(c) A licensed elevator subcode official or
				inspector shall be responsible for completing any continuing educational
				requirements imposed by the Department pursuant to this chapter prior to license
				renewal pursuant to N.J.A.C. 5:23-5.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.8 - Alterations, minor work, ordinary elevator maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes
				of this subchapter, alteration of an elevator device means any change to equipment
				other than minor work as provided in (b) below and ordinary maintenance, as defined
				at
				N.J.A.C.
				5:23-2.7(c)6. Alteration of an
				elevator device shall comply with the applicable requirements of Section 8.7 and
				Appendix L of the most recent edition of ASME A17.1, referenced in the building
				subcode, or with the applicable requirements of the most recent edition of ASME
				A18.1, or ASME A90.1 referenced in the building subcode.
1. For purposes of the elevator subcode,
				"alteration" shall mean stand-alone projects undertaken on elevator devices and,
				with the exception of
				N.J.A.C.
				5:23-6.6(e)22, shall not be used
				to trigger any additional requirements of
				N.J.A.C. 5:23-6.6. If work
				on an elevator device or devices is part of a larger scope of work, then the
				appropriate category of work, as determined under the Rehabilitation Subcode, and
				the accompanying requirements shall apply.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.10 - Inspections in seasonal facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this
				subchapter, a "seasonal facility" is defined as a building that is open, and
				available for use by members of the public, employees or maintenance personnel or
				any occupants, for a period of not more than 184 consecutive days and is then closed
				and not available for such use for at least 181 consecutive days.
(b) Elevator devices in seasonal facilities shall
				be subject only to the applicable periodic inspections and tests (one, three and
				five year). Such inspections and tests shall be performed prior to the building
				being used by employees, maintenance personnel, members of the public or occupants.
				A certificate of compliance or temporary certificate of compliance shall be granted
				only for the time period during which the device is allowed to operate in the
				seasonal facility.
1. The fees for performing such
				inspections and witnessing tests shall be in accordance with such provisions of
				5:23-12.6 as may be
				applicable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.11 - Notice concerning accidents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following an
				accident involving an elevator device, the owner of the building shall immediately
				notify the construction official, who shall immediately notify the elevator subcode
				official and the Department, when the accident meets at least one of the following
				conditions:
1. An accident involving an elevator
				device resulting in death or personal injury requiring medical treatment by a
				physician other than first aid.
i. For purposes of
				this section, "first aid" means the one time treatment or observation of scratches,
				cuts not requiring stitches, burns, splinters or contusions, or a diagnostic
				procedure, including examination and x-rays, which does not indicate any need for
				further medical treatment. First aid may be performed by licensed medical personnel
				or by other persons; or
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12 - ELEVATOR SAFETY SUBCODE › Section 5:23-12.12 - Special safety equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On all existing elevators, a space between the
				elevator hoistway door and the car door or gate shall comply with the requirements
				of Rule 204.4e of ASME A17.1-1990. Where the space exceeds the maximum distance, a
				space guard shall be installed to minimize the gap. Sight guards shall be installed
				along with the space guards on horizontally sliding type hoistway doors.
1. Freight elevators that are equipped with
				horizontally swinging doors, are not accessible to the general public, and are
				located in the factories, warehouses, garages, or similar buildings shall not be
				required to comply.
2. Installation of
				space and sight guards shall comply with all applicable requirements of ASME
				A17.3-1993 and shall be considered minor work within the meaning of
				5:23-2.17A.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.1 - Title; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter of
				the rules, adopted pursuant to the authority of the Uniform Construction Code Act,
				as supplemented by
				P.L.
				1997, c. 336, is entitled
				"Optional Elevator Inspection Program" and shall be known and cited throughout this
				chapter as N.J.A.C. 5:23-12A. When referred to in this subchapter, it may be cited
				as "this subchapter."
(b) Unless
				otherwise specifically provided, all references to paragraphs, sections, or to
				provisions not specifically identified, shall be construed to refer to such
				paragraph or section or provision of this subchapter.
(c) This subchapter shall control all matters
				relating to the administration of the registration of qualified elevator device
				inspection firms, hereinafter referred to as "qualified firms," qualified elevator
				device inspectors and the elevator devices enrolled in this optional program, as
				defined in (d) below.
(d) For purposes
				of this subchapter, "elevator" or "elevator device" means a hoisting and lowering
				device equipped with a car or platform which moves in guides for the transportation
				of individuals or freight in a substantially vertical direction through successive
				floors or levels of a building or structure. The term shall include, without
				limitation, elevators, dumbwaiters, wheelchair lifts, manlifts, stairway chairlifts
				and any device within the scope of ASME A17.1 (Safety Code for Elevators and
				Escalators) or ASME A90.1 (Safety Standard for Belt Manlifts), except escalators and
				moving walks.
1. This definition shall not apply
				to any conveyor devices that are process equipment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.2 - Qualified elevator device inspection firms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any sole
				proprietorship, partnership, association or corporation that is engaged in the
				business of maintaining, inspecting and testing elevator devices, has at all times,
				as a bona fide employee, at least one qualified elevator device inspector, and
				carries general liability insurance in at least the amount of $ 4,000,000 for each
				person and each occurrence to satisfy claims or judgments for property damage and/or
				personal injury may apply for registration with the Department as a qualified firm.
1. The application shall contain information
				relating to the financial integrity of the firm, as evidenced by a reviewed
				financial statement prepared by an independent certified public
				accountant.
2. The application shall
				contain the names and addresses and home phone numbers of all persons who hold at
				least a ten percent interest in the qualified firm and/or are corporate
				officers.
3. Each applicant for
				registration as a qualified firm shall disclose in the application any subsidiary or
				parent relationship with any other qualified firm or other entity regulated by the
				State Uniform Construction Code and shall further disclose all interests of any
				officer, partner, or stockholder of the firm in any other qualified firm or other
				entity regulated by the State Uniform Construction Code.
4. Each application shall include a sample form of
				the contract of full service needs to be used for the purposes of this
				subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.3 - Qualified elevator device inspector

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate for
				certification as a qualified elevator device inspector for the inspection and
				testing of elevator devices enrolled under this subchapter shall pay a nonrefundable
				fee of $ 65.00 and shall meet the following competence and experience requirements:
1. Seven years of experience consisting of one or
				a combination of the following:
i. Experience in
				construction, design, or supervision as a journeyman in a skilled trade currently
				regulated by the elevator subcode;
ii.
				Experience as an elevator inspector; or
iii. Experience as a construction contractor in a
				field of construction currently regulated by the elevator subcode; and
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.4 - Enrollment of devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Elevator devices, as
				defined by this subchapter, can be enrolled in this optional program by the owner or
				the owner's agent. To be eligible for enrollment, an elevator device shall be
				subject to the cyclical inspections and witnessing of tests, as defined by this
				subchapter, by the qualified elevator device maintenance, inspection and testing
				firm under a contract of full service needs with the owner of the elevator.
1. For purposes of this subchapter, a contract of
				full service needs is a contract which stipulates that:
i. The scope of the applicable inspections and
				tests shall be in accordance with the most recent edition of ASME A17.1 or A90.1
				referenced in the building subcode and the frequency of the inspections and tests,
				as well as the inspection/testing procedures, shall be in accordance with N.J.A.C.
				5:23-12;
ii. The registered firm shall
				issue a certification that the inspection and tests have been performed and the
				signed report on the results shall be issued to the owner and to all other parties
				to whom the report is required to be sent; and
iii. The performance of the repairs necessary to
				ensure compliance of inspected/tested equipment with the requirements of applicable
				ASME A17.1 or A90.1 is required.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.5 - Permit process and monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All construction
				permit-related enforcement processes, inspection and witnessing of the "five year"
				tests of traction and roped hydraulic elevators, and inspection and witnessing of
				applicable tests at the "five-year" intervals of all other types of elevator devices
				enrolled in the optional program, shall be performed by the enforcing agency having
				jurisdiction pursuant to
				5:23-4.3(a)3. The
				Department shall define cyclical inspections/tests at the time when those will be
				assigned to the enforcing agencies.
1. The
				Department shall notify the local jurisdiction at least two months prior to the
				inspections and witnessing of tests required to be done by the local
				jurisdiction.
2. Fees for permit-related
				enforcement shall be as required by the Uniform Construction Code. The fee for the
				required cyclical inspection and test performed/witnessed by the local jurisdiction,
				in the amount of $ 150.00, shall be reimbursed by the Department and such fee shall
				be payable to a local enforcing agency only upon the Department's receipt of the
				inspection report. The inspection report shall be forwarded to the owner and the
				Department within 20 working days from the date when the inspection/test was
				performed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23 - UNIFORM CONSTRUCTION CODE › Subchapter 12A - OPTIONAL ELEVATOR INSPECTION PROGRAM › Section 5:23-12A.6 - Special inspection and compliance procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, upon inspection
				or test, a qualified elevator device inspector who is employed by a qualified firm
				shall find that an elevator device is in a dangerous condition, or if there is an
				immediate hazard to persons riding on or using any such device, the qualified
				elevator device inspector, on behalf of the qualified firm, shall immediately
				prohibit any further use of such device and shall give written notice of this action
				and of the condition to the owner, the enforcing agency having jurisdiction and the
				Bureau of Code Services, and shall take such other steps as may be necessary to
				protect the public. Once the device is placed out of operation, it shall remain out
				of operation until such time as the qualified elevator device inspector shall issue
				a certification, on behalf of the qualified firm, indicating that the dangerous
				condition or immediate hazard has been removed or corrected and that the elevator
				device is safe for public use. Such a certification shall be forwarded to the
				enforcing agency having jurisdiction, the Bureau of Code Services and the owner
				before the device may be placed back in operation.
1. If, upon inspection or test, deficiencies
				beyond the scope of this subchapter are observed, the qualified elevator device
				inspector shall issue a report on such findings to the owner and shall forward a
				copy to the construction official and the Bureau of Code Services.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 5:23A-1.1 - Title; authority; scope; intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter, which
				is promulgated under authority of
				52:27D-124, 52:17D-198, 40A:14A-43,
				40A:14B-76 and 40:55D-53.2a, shall be known as, and
				may be cited as, the "Rules Governing Construction Boards of Appeals."
(b) This chapter shall govern all aspects of the
				administration and implementation by construction boards of appeals of the
				provisions of the State Uniform Construction Code Act (52:27D-119 et seq.), the Uniform
				Construction Code rules (N.J.A.C. 5:23) and the subcodes incorporated herein by
				reference, the Uniform Fire Safety Act (52:27D-192 et seq., the Uniform Fire
				Code (N.J.A.C. 5:70) and associated rules, P.L. 1995, c.54, and
				P.L.
				1999, c. 11.
(c) It is the intention of the Department of
				Community Affairs that these rules facilitate uniformity in procedure and a high
				level of quality in performance so as to allow construction boards of appeals to
				properly discharge the duties and functions that have been assigned to them by the
				Legislature under the State Uniform Construction Code Act, the Uniform Fire Safety
				Act, P.L. 1995, c.54, and
				P.L.
				1999, c. 11.
(d) Unless otherwise specified, all provisions of
				this chapter are equally applicable to matters arising under any of the statutes or
				rules listed in (b) above.
(e) Each
				construction board of appeals shall have authority to adopt and enforce local rules
				that are not inconsistent with this chapter or with any of the statutes or rules
				listed in (b) above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 5:23A-1.2 - Establishment of construction boards of appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				of each county shall, by resolution, establish a construction board of appeals that
				shall exercise its functions in accordance with this chapter.
(b) The governing body of any municipality that
				has its own local enforcing agency may, by ordinance, establish a construction board
				of appeals. Any such board shall exercise its functions in accordance with this
				chapter.
(c) The governing bodies of two
				or more municipalities that have established a joint enforcing agency may, pursuant
				to an interlocal agreement approved by ordinances of all participating
				municipalities, establish a joint construction board of appeals. Any such board
				shall exercise its functions in accordance with this chapter.
(d) Copies of all such resolutions, ordinances and
				interlocal agreements shall be filed by the governing bodies with the Office of
				Regulatory Affairs of the Division of Codes and Standards.
(e) In any municipality in which a municipal or
				joint construction board of appeals has been established, the county board of
				appeals shall only exercise jurisdiction in cases arising under P.L. 1995, c.54 or
				P.L.
				1999, c. 11.
(f) A municipality that either establishes or
				discontinues a municipal construction board of appeals, or either joins or
				discontinues participation in a joint municipal board, shall give prompt notice of
				such action to the county governing body, the county construction board of appeals
				and the Office of Regulatory Affairs of the Division of Codes and Standards. In the
				absence of a municipal or joint municipal board having jurisdiction, all appeals
				from a municipality shall be heard by the county board.
(g) The appointing authority shall annually
				designate one regular member of the board to serve as chairperson and another
				regular member of the board to serve as vice-chairperson. The vice-chairperson shall
				serve as chairperson in the event of the absence or disqualification of the
				chairperson.
(h) The appointing
				authority of a county shall appoint a secretary, who need not be a member of the
				board. In the case of a municipal board, the secretary shall be appointed by the
				appointing authority of the municipality. In the case of a joint board, the
				secretary shall be appointed in a manner determined by agreement of the
				participating municipalities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 5:23A-1.3 - Membership of construction boards of appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every construction
				board of appeals shall include five regular members.
1. Regular members shall be appointed for a term
				of four years by the appointing authority of the county or municipality in question
				or, in the case of a joint municipal board, by means mutually determined by the
				governing bodies of such municipalities.
2. For the members first appointed, the appointing
				authority shall designate the appointees' terms so that one shall be appointed for a
				term of one year, one for a term of two years, one for a term of three years, and
				two for a term of four years.
3.
				Vacancies on the board shall be filled for the unexpired term.
4. Members may be removed by the authority
				appointing them for cause.
5. A person
				may serve on more than one construction board of appeals.
6. Unless otherwise provided by county or
				municipal resolution or ordinance, as the case may be, a board member shall not be
				required to be a resident of the county or municipality in which the board exercises
				jurisdiction.
7. No more than two
				regular members of any board shall be members of the same profession or
				occupation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 5:23A-1.4 - Post-appointment educational requirements for board members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise
				provided in (b) below, each regular or alternate member of a construction board of
				appeals, other than an alternate special member, shall be required to attend a
				general course for members of construction boards of appeals within 12 months of
				appointment or within 12 months of the announcement by the Department of Community
				Affairs of the availability of the course, whichever is later. At least two months'
				prior notice of any announcement of the availability of a course shall be given to
				all construction boards of appeals by the Department.
(b) As an alternative to attending the general
				course for members of construction boards of appeals, a regular or alternate board
				member (other than an alternate special board member) may complete both the subcode
				official course and the fire official course offered by the Department of Community
				Affairs.
(c) The Department of Community
				Affairs may require that board members satisfactorily complete more specialized
				training consistent with their duties as board members, including, without
				limitation, training concerning P.L. 1995, c.54 and
				P.L.
				1999, c. 11. Special members
				and alternate special members shall be required to attend training concerning P.L.
				1995, c.54 and P.L. 1999, c.
				11 within 12 months of appointment or within 12 months
				of announcement by the Department of Community Affairs of the availability of the
				course, whichever is later.
(d) Failure
				to comply with the requirements of this section shall be deemed good cause for
				removal by the appointing authority.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 1 - GENERAL PROVISIONS › Section 5:23A-1.5 - Board meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Board meetings shall
				be held as often as may be necessary in order to comply with time limits for board
				action established by statute or by this chapter, but in no case shall a board
				schedule meetings less frequently than once a month.
1. Special meetings shall be scheduled when
				necessary by the chairperson of the board. Notice of any special meeting shall be
				given to all board members by telephone or fax transmission at least 48 hours prior
				to the time of the special meeting; provided, however, that notice of special
				meetings shall not be required to be given to special members of the board when the
				special meeting does not involve any cases arising under P.L. 1995, c.54 or
				P.L.
				1999, c. 11.
2. Public notice of all scheduled and special
				meetings shall be given, and meetings shall be open to the public, as required by
				the Open Public Meetings Act (10:4-6
				et seq.). Additionally, copies of all notices of meetings shall be provided by each
				board to the Office of Regulatory Affairs.
3. All hearings shall be recorded and tapes or
				transcripts shall be made available upon request at the expense of the requesting
				party.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 2 - BOARD PROCEDURES › Section 5:23A-2.1 - Hearing applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who is
				aggrieved by any ruling, action, notice, order or decision of a local enforcing
				agency that enforces either the State Uniform Construction Code or the Uniform Fire
				Code, including, without limitation, any refusal to grant an application or any
				failure or refusal to act upon an application, but not including any order requiring
				the taking of emergency measures pursuant to
				5:23-2.32(b), may file
				an application for a hearing with the secretary of the construction board of appeals
				having jurisdiction.
1. Any such application shall
				be filed by the 15th day after receipt by the person of written notice of the
				ruling, action, order or notice complained of, or, in the case of inaction by a
				local enforcing agency, by the 15th day after the expiration of the period allowed
				for action by the local enforcing agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 23A - CONSTRUCTION BOARDS OF APPEALS › Subchapter 2 - BOARD PROCEDURES › Section 5:23A-2.2 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All parties to any
				dispute shall be accorded full opportunity to address the construction board of
				appeals, present testimony and examine and cross-examine witnesses, consistent with
				reasonable rules of procedure and due process. All testimony shall be under oath or
				affirmation. Parties shall be allowed to appear through legal counsel or public or
				corporate officers. Construction, subcode and fire officials may appear and testify
				on behalf of their local enforcing agencies.
(b) A quorum of the board for cases arising under
				the State Uniform Construction Code Act or the Uniform Fire Safety Act shall consist
				of three regular and/or alternate members. A quorum of the board for cases arising
				under P.L. 1995, c.54 or
				P.L.
				1999, c. 11 shall consist of
				four regular and/or alternate and/or special members.
(c) Except as otherwise provided in (d) below,
				when there are not five regular and/or alternate members present to consider an
				appeal, or if five regular and/or alternate members are present but a code
				discipline that is involved in a construction code case is not represented, or if no
				regular or alternate member who is certified as a fire official is present to hear a
				fire code case, or if either of the special members, or an alternate meeting the
				same qualifications requirement, is not present in a case arising under P.L. 1995,
				c.54 or P.L.
				1999, c. 11, either party
				shall be entitled to have the hearing adjourned. If neither party requests an
				adjournment, the case may be heard by the board if a quorum is present.
1. In a case involving the elevator safety
				subcode, a party shall only have a right to an adjournment due to the absence of a
				board member having elevator subcode qualification if there is at least one regular
				or alternate member of the board who has such qualification.