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

(a) Five percent of all picnic tables, benches, fireplaces, and grills provided, rounded to the next higher whole number, but not less than one, shall be on an accessible route of travel. 1. Such equipment shall be distributed throughout the picnic area to the degree feasible as …

(a) At each equestrian facility, at the area used for mounting, a mounting platform shall be provided for people with disabilities. 1. To mount a pony, the top of the platform shall be 32 inches above the surface upon which the pony stands. 2. To mount a horse, the top of the pla…

Notes N.J. Admin. Code § 5:23-7.4 Repealed by 47 N.J.R. 2352(b), effective 9/21/2015

Notes N.J. Admin. Code § 5:23-7.5 Repealed by 47 N.J.R. 2352(b), effective 9/21/2015

Notes N.J. Admin. Code § 5:23-7.6 Repealed by 47 N.J.R. 2352(b), effective 9/21/2015

Notes N.J. Admin. Code § 5:23-7.7 Repealed by 47 N.J.R. 2352(b), effective 9/21/2015

Notes N.J. Admin. Code § 5:23-7.8 New Rule, R.1999 d.105, effective 4/5/1999. See: 30 N.J.R. 2972(a), 31 N.J.R. 852(a). Former N.J.A.C. 5:32-7.7, Recreation: swimming and skating areas, recodified to N.J.A.C. 5:23-7.20. Amended by R.2005 d.184, effective 6/20/2005. See: 36 N.J.R.…

Notes N.J. Admin. Code § 5:23-7.9 Repealed by 47 N.J.R. 2352(b), effective 9/21/2015

(a) This part of the regulations, adopted pursuant to P.L. 1975, c.217, the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and entitled Asbestos Hazard Abatement Subcode shall be known and may be cited throughout the regulations as N.J.A.C. 5:23-8 and when referred t…

(a) Any candidate for certification as an asbestos safety technician shall submit an application to the Department accompanied by the required application fee established in (c) below. The requirements for certification as an asbestos safety technician are as follows: 1. At least…

(a) An asbestos safety control monitor may be an individual, partnership, corporation, or other business entity organized for the purpose of enforcing and administering this subchapter. 1. Each asbestos safety control monitor shall enter into a contract for each asbestos hazard a…

(a) This section shall apply to the application of asbestos, except as provided in (a)1 below. 1. This section shall not apply to asbestos materials which are applied in solid, non-friable form, such as floor tiles or cement pipe. (b) The requirements of this section are set fort…

Before an asbestos abatement project begins, the owner shall have evaluated whether or not the scope of work for a specific project will require that all surfaces in the work area are to be HEPA vacuumed and/or wet-wiped. This is in order to remove any dust which may contain asbe…

(a) Operations and maintenance activity, as defined in N.J.A.C. 5:23-8.2, involves asbestos abatement work that may be performed without application or notice to the enforcing agency. Mechanical, electrical, plumbing or general construction work that involves the incidental distu…

(a) No asbestos hazard abatement work including preparation shall be performed or continued without having a certified asbestos safety technician at the work area. (b) Protective clothing, equipment, and general procedures for asbestos abatement shall be subject to the following …

(a) Encapsulation constitutes spraying friable asbestos-containing material with a liquid sealant (not including paint) that helps bind the asbestos together with other material components to adhere it firmly to the building structure. 1. The requirements of this section are set …

(a) The following procedures shall be followed for the use of glove bags or other techniques or work practices approved by the Department which similarly contain asbestos fibers. The glove bag work area enclosure shall be either an enclosure, built out of polyethylene sheeting ar…

(a) In buildings undergoing partial demolition and in buildings to be reoccupied by persons other than workers wearing appropriate NIOSH-approved respiratory protection, all friable asbestos or asbestos-containing material that will become friable during demolition must be proper…

(a) The requirements of this section are intended to prevent contamination and exposure of building occupants to asbestos fibers. (b) The building owner shall notify building occupants in writing 20 business days prior to the commencement of an asbestos abatement project. The bui…

The following words, terms and abbreviations when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise. "Airlock" means a serial arrangement of rooms whose doors are spaced a minimum of four feet apart so as to permit ingress or…

(a) This section applies to all non-friable, miscellaneous asbestos-containing material. 1. When the removal method will cause the building environment to become contaminated with airborne asbestos fibers caused by a combination of mechanical and manual tasks, such as grinding th…

(a) Air sampling specified in this section shall be performed by the asbestos safety technician in accordance with the procedures specified in this subchapter and shall be analyzed by a laboratory pursuant to 40 CFR 763.90. 1. For phase contrast microscopy (PCM) analysis, laborat…

(a) The disposal of friable/non-friable asbestos-containing material and asbestos-contaminated waste from the project site shall be in accordance with New Jersey Department of Environmental Protection and Energy requirements specified in N.J.A.C. 7:26 and 40 CFR Part 61, Subpart …

(a) Except as is otherwise provided in (b)1 below, the provisions of this subchapter shall be enforced by municipal enforcing agencies utilizing asbestos safety control monitors or by the New Jersey Department of Community Affairs, hereafter cited as the Department, if applicable…

(a) No variations from the requirements of this subchapter shall be made except upon written approval from the Department. The application for a variation shall be filed by the owner or the agent of the owner and forwarded to the Department with the recommendation of the asbestos…

(a) It shall be unlawful to undertake an asbestos hazard abatement project unless the owner of the facility, or an authorized representative on behalf of the owner, first files an application in writing with the enforcing agency and obtains the required permit. This permit shall …

(a) When a building owner or an authorized representative on behalf of the owner submits an application for a construction permit for repair, renovation, or demolition work, the following information shall be required to be given to the construction official having jurisdiction b…

(a) Pre-commencement inspections shall be conducted as follows: 1. Notification in writing to the Asbestos Safety Control Monitor shall be made by the applicant or contractor to request a pre-commencement inspection at least 48 hours in advance of the desired date of inspection. …

(a) Certificate of occupancy requirements are as follows: 1. It shall be unlawful to re-occupy the portion of a building that was vacated during an asbestos hazard abatement project until a certificate of occupancy has been issued by the enforcing agency. The certificate of occup…

(a) The enforcing agency that issues the construction permit and the certificate of occupancy for an asbestos hazard abatement project shall establish by regulation or ordinance the following flat fee schedule: 1. An administrative fee of $ 118.00 for each construction permit iss…

Notes N.J. Admin. Code § 5:23-9.1 Amended by R.1995 d.647, effective 12/18/1995 (operative March 18, 1996). See: 27 N.J.R. 3517(a), 27 N.J.R. 5012(a). Amended by R.2002 d.319, effective 10/7/2002. See: 33 N.J.R. 4185(a), 34 N.J.R. 3497(b). Rewrote the section. Amended by R.2003 d…

Notes N.J. Admin. Code § 5:23-9.2 Amended by R.2003 d.216, effective 5/19/2003. See: 35 N.J.R. 16(a), 35 N.J.R. 2203(a). In (b)3, inserted "and submissions" following "details" in the introductory paragraph, added new ii, recodified former ii through iv as iii through v and added…

(a) This is a binding, prospective interpretation of the Uniform Construction Code (UCC) issued pursuant to the Uniform Construction Code Act, N.J.S.A. 52:27D-124. 1. The Uniform Construction Code Act gives the Commissioner the authority to issue such prospective interpretations …

Notes N.J. Admin. Code § 5:23-9.4 New Rule, R.1990 d.490, effective 10/1/1990. See: 22 New Jersey Register 592(a), 22 New Jersey Register 3148(a). Repealed by R.1995 d.121, effective 3/6/1995 (operative July 1, 1995). See: 26 New Jersey Register 4875(a), 27 New Jersey Register 89…

Notes N.J. Admin. Code § 5:23-9.5 Repealed by R.2006 d.24, effective 1/17/2006. See: 37 New Jersey Register 2111(a), 38 New Jersey Register 485(a). Section was "Interpretation: Records retention."

(a) Fixed central pedestal seating (stools) shall be allowed within major aisles and cross-aisles in casinos for gaming patrons who use standard size slot machines or other similar machines, within these aisles, provided the following requirements have been met: 1. Schematic draw…

Notes N.J. Admin. Code § 5:23-9.7 New Rule, R.1993 d.132, effective 4/5/1993. See: 24 N.J.R. 3458(a), 25 N.J.R. 1512(b). Amended by R.1995 d.647, effective 12/18/1995 (operative March 18, 1996). See: 27 N.J.R. 3517(a), 27 N.J.R. 5012(a). Repealed by R.2013 d.081, effective 6/3/20…

Notes N.J. Admin. Code § 5:23-9.8 Repealed by R.2006 d.120, effective 4/3/2006. See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a). Section was "Interpretation: bed and breakfast guest houses--change in Group requirements".

Notes N.J. Admin. Code § 5:23-9.9 Repealed by R.2009 d.126, effective 4/20/2009. See: 41 N.J.R. 16(a), 41 N.J.R. 1725(a). Section was "Foundation systems for garden type utility sheds and similar structures".