N.J.A.C. 5:23 — UNIFORM CONSTRUCTION CODE (Subchapter 1 to 12A)

(a) Approvals: Alternative materials, equipment, or methods of construction shall be approved by the appropriate subcode official provided the proposed design is satisfactory and that the materials, equipment, or methods of construction are suitable for the intended use and are a…

(a) The Department shall, after public hearing and in accordance with the Administrative Procedure Act (P.L. 1968, c.410, as amended), establish and distribute to all enforcing agencies a list of items, devices and materials the regular and intended use of which would violate any…

(a) Whenever the Commissioner shall, in accordance with applicable provisions of the Administrative Procedure Act, make any rule constituting an interpretation of any provision of the regulations, such shall be binding provided, however, that such interpretations shall be prospec…

This subchapter shall govern the enforcement by the Department of Community Affairs of the State Uniform Construction Code, in conjunction with other rules administered by the Department, in facilities and installations for which the Department is the sole enforcing agency, as se…

(a) All provisions of adopted model codes that are applicable to the construction, alteration, installation, erection or demolition of carnival-amusement rides or ski lifts shall be designated collectively as the amusement ride subcode. (b) All provisions of adopted model codes t…

(a) This subchapter, adopted pursuant to authority of the State Uniform Construction Code Act and entitled "Enforcing agencies; duties; powers; procedures", shall be known and may be cited through the regulation as N.J.A.C. 5:23-4," and when referred to in this part of the regula…

(a) Department of Community Affairs: Units of the Division of Codes and Standards enforcing the State Uniform Construction Code shall be organized, insofar as is practicable, in the same manner as are municipal enforcing agencies. 1. Such units shall employ persons qualified and …

(a) Department of Community Affairs: The Division of Codes and Standards shall administer and enforce this chapter, insofar as is practicable, in the same manner as a municipal enforcing agency.1. The conflict of interest provisions contained in N.J.A.C. 5:23-4.5 shall be applica…

(a) The Department shall authorize the establishment of private on-site inspection and plan review agencies, hereinafter called "on-site inspection agencies," for the purpose of contracting with municipalities in order to act in the place of a subcode official or inspector(s) for…

(a) An on-site inspection agency may be an individual, partnership, corporation, or other business entity organized for the purpose of enforcing and administering any one or more subcodes under the regulations, in place of a local subcode official or local inspector, in one or mo…

(a) Records shall be maintained by the "on-site inspection agency" of all inspections, applications and plans reviewed and any other information that may be required by the municipal construction official or the Department. These records shall be open to Department audit and shal…

(a) General: 1. In addition to any other remedies provided by the regulations, the Department may suspend or revoke its authorization of any private on-site agency if the Department determines that the authorization or reauthorization was based on the submission of fraudulent or …

(a) This section shall not apply for any inspection responsibilities reserved to the State pursuant to N.J.A.C. 5:23-3.11 and 3.11A. (b) Supplemental private on-site inspection agencies authorized pursuant to N.J.A.C. 5:23-4.12 may perform required, specific inspections for proje…

(a) Ordinance: The municipality shall set enforcing agency fees by ordinance for the following activities: plan review, construction permit, certificate of occupancy, certificates of continued occupancy, demolition permit, elevator permit and sign permit. 1. The municipality shal…

(a) General: 1. The fee for plan review, computed as a percentage of the fee for a construction permit, shall be paid at the time of submission of an application for a permit. The amount of this fee shall then be deducted from the amount of the fee due for a construction permit, …

(a) In order to provide for the training and certification and technical support programs required by the Act, an enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction within the m…

(a) Except as otherwise provided in subsection (b) below, the provisions of this subchapter shall apply to all agencies with an enforcement responsibility under the act and regulations. (b) Rules concerning exceptions are:1. Interstate agencies: This subchapter shall not apply to…

(a) General: 1. The fee for plan review, computed as a percentage of the fee for a construction permit, shall be paid at the time of application for a permit. The amount of this fee shall then be deducted from the amount of the fee due for a construction permit, when the permit i…

(a) Authorization fee: Any onsite inspection agency submitting an application to the Department under N.J.A.C. 5:23-4.12 for approval as an inspection agency shall pay a fee of $ 2,800 for each subcode for which authorization is sought. (b) Reauthorization fee: 1. Any onsite insp…

(a) In order to support the maintenance and software licensing fees associated with the electronic permitting system, an enforcing agency, including the Department when issuing permits using the NJEPPRS, shall collect a surcharge fee to be based upon the value of new construction…

(a) All fees paid to the Department under the regulations shall be nonrefundable except as otherwise specifically set forth in the regulations. All fees shall be paid by check or money order, payable to the "Treasurer, State of New Jersey". Notes N.J. Admin. Code § 5:23-4.23

(a) There is established in the Department of Community Affairs, Division of Codes and Standards, a Bureau of Construction Projects Review, hereinafter "the plan review bureau." The plan review bureau shall review plans, applications and specifications submitted to the Department…

(a) The emergency building inspection program is hereby established, pursuant to section 1 of P.L. 2007, c. 2 (N.J.S.A. 52:27D-126.3). In accordance with section 5 of P.L. 2007, c. 2 (N.J.S.A. 52:27D-126.7), participation in the emergency building inspection program is voluntary,…

(a) Building elements shall be certified in accordance with the following provisions: 1. Building elements, such as fire walls, fire separation walls, wall panels, pre-stressed/prefabricated floor or roof panels, and pre-engineered structural frames, built in accordance with the …

Notes N.J. Admin. Code § 5:23-4.27 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(c) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.28 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(d) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.29 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(e) and substantially amended. Amended by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b). Text at (a)1, 2, 3,…

(a) Notice of intention to establish: 1. Any municipality seeking to establish and operate an enforcing agency, pursuant to the act and the regulations, shall first notify the department of its intent to establish such an agency by registered and certified mail, return receipt re…

Notes N.J. Admin. Code § 5:23-4.30 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(h)-(j) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.31 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 17 N.J.R. 945(a). Recodified from 4.25(k) and substantially amended. Amended by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b). Text at (a) through…

Notes N.J. Admin. Code § 5:23-4.32 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 17 N.J.R. 945(a). Recodified from 4.25(l) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.33 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(m) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.34 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(n) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.35 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(o) and substantially amended. Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.36 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a). Recodified from 4.25(p). Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.37 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(a), 17 N.J.R. 945(a). Recodified from 4.25(q). Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.38 Amended by R.1986 d.142, effective 5/5/1986. See: 17 N.J.R. 1169(b), 18 N.J.R. 945(a). Recodified from 4.25(r). Repealed by R.1990 d.313, effective 6/18/1990. See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).

Notes N.J. Admin. Code § 5:23-4.39 R.1982 d.42, effective 3/1/1982. See: 13 N.J.R. 717(a), 14 N.J.R. 233(a). As amended, R.1982, d.232, effective 8/2/1982. See: 14 N.J.R. 496(a), 14 N.J.R. 834(e). Added Federal citation to (e). Prior to recodification of N.J.A.C. 5:23, this secti…

(a) Local enforcing agencies shall be classified as Class 3 or RCS (specialty in residential and small commercial structures), Class 2 or ICS (specialty in industrial and commercial structures) or Class 1 or HHS (specialty in high-rise/hazardous structures). The classification of…

(a) The municipality shall organize its enforcing agency in accordance with the ordinance adopted pursuant to N.J.A.C. 5:23-4.3 and to meet the following additional requirements: 1. Construction official: The construction official shall serve as the chief administrator of the enf…

Notes N.J. Admin. Code § 5:23-4.40 Repealed by R.1996 d.236, effective 5/20/1996 (operative January 1, 1997). See: 27 N.J.R. 4050(a), 28 N.J.R. 2586(a). Section was "Construction boards of appeal".

(a) Records and procedures: The municipality shall ensure that the construction official, with the assistance of the subcode officials and other necessary municipal employees, maintains a central file system, by block and lot, for each property in the municipality for which a per…

Notes N.J. Admin. Code § 5:23-4.5A Repealed by R.2006 d.128, effective 4/3/2006. See: 37 N.J.R. 4106(a), 38 N.J.R. 1573(a). Section was "Selection of private on-site inspection and plan review agencies".

(a) Parties: Any two or more municipalities may, by resolution, join to administer and enforce this chapter and any adopted subcode. Any municipalities that are party to an agreement establishing one enforcing agency having jurisdiction for all subcodes may further provide for th…

(a) General: Except as is provided in this section, enforcing agencies organized pursuant to this section shall, insofar as is practicable, be organized in the same manner as are municipal enforcing agencies. (b) Exception: Nothing contained in N.J.A.C. 5:23-4.3, with respect to …

(a) General: Enforcing agencies organized pursuant to this article shall administer and enforce the regulations in the same manner as municipal enforcing agencies. (b) The provisions of N.J.A.C. 5:23-4.3 regarding conflict of interest shall be applicable to interlocal enforcing a…

(a) Department of Community Affairs: 1. The Bureau of Local Code Enforcement in the Division of Codes and Standards is constituted as the enforcing agency for the purpose of administering and enforcing the code in those municipalities which have decided, pursuant to N.J.A.C. 5:23…