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

(a) New buildings: A building or structure hereafter erected shall not be used or occupied in whole or part until a form of certificate of occupancy shall have been issued by the construction official. 1. The enforcing agency shall upon application by the owner issue a certificat…

(a) Construction permits for multi-tenant buildings shall be issued as follows: 1. A single construction permit shall be issued for the entire structure including all tenant spaces if: i. The permit applicant is undertaking all the work; ii. All the work is, or will be shown as, …

(a) Certificate of occupancy shall be conditioned upon the following: 1. That the completed project meets the conditions of the construction permit, and all prior approvals and has been done substantially in accordance with the code and with those portions of the plans and specif…

The municipality, in accordance with this chapter, shall establish by ordinance enforcing agency fees for the following activities: plan review; construction permits; certificate of occupancy; elevator device inspections and tests; demolition permit; moving of building permit; le…

Notes N.J. Admin. Code § 5:23-2.26 Repealed by R.2004 d.144, effective 4/5/2004. See: 35 N.J.R. 4944(a), 36 N.J.R. 1753(a). Section was "Plan Review Fees".

In the case of discontinuance of a building project, the volume of the work actually completed shall be computed. Any excess for the uncompleted work shall be returned to the permit holder; except that all penalties that may have been imposed on the permit holder under the requir…

(a) General: For the determination of the permit fees, the volume of the structure shall be computed as provided in this section. (b) Structures: The volume of the structure shall include all enclosed dormers, porches, penthouses and other enclosed portions of the structure measu…

(a) The owner of any premises upon which a building or structure is to be constructed shall be deemed to have consented to inspection, by the enforcing agency, of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been i…

These regulations shall apply to all construction undertaken after the effective date of the regulations or any subsequent amendment thereof. Notes N.J. Admin. Code § 5:23-2.3 Amended by R.1998 d.28, effective 1/5/1998. See: 29 N.J.R. 3603(a), 30 N.J.R. 129(a).

(a) Whenever the construction official or the appropriate subcode official shall determine that there exists a violation of the provisions of the regulations or where there exists a violation of a permit or certificate issued under the regulations, the appropriate subcode officia…

(a) If the notice of violation and orders to terminate have not been complied with, the construction official in addition to any other available remedies likely to bring about compliance, may request the legal counsel of the municipality, or of the joint enforcement agency, or th…

(a) All buildings or structures that shall become unsafe, or unsanitary, or that contain deficient or blocked exitway facilities, or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare, or that by reason of illegal or improper use or occu…

Except as is specifically provided for by the act with respect to stop construction orders, service of notices and orders pursuant to this section shall be upon the owner or the person specified as agent for receipt of same in the application for a permit or the person responsibl…

(a) Owners who undertake construction, rehabilitation, or demolition work at their properties shall protect adjoining properties and public rights of way from damage or hazardous conditions caused by the work. 1. In instances where it may be necessary to access the adjoining prop…

(a) Subsequent to the issuance of a certificate of occupancy, the construction official shall issue a notice of violation for any violation of the provisions of the Code in effect at the time of permit application that comes to his or her attention. Pursuant to N.J.S.A. 2A:14-1.1…

(a) Buildings containing five or more dwelling units of Groups R-2 or R-3 shall provide electrical vehicle supply equipment or make-ready parking spaces, as follows: 1. A minimum of 15 percent of the off-street parking approved by a municipality shall be electrical vehicle make-r…

(a) Service connections: Before a building can be elevated, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer, and other connections. A permit to elevate shall not be issued until releases are obtaine…

(a) Whenever the Department shall act as the enforcing agency under the State Uniform Construction Code Act (N.J.S.A. 52:27D-128), an appeal in lieu of the appeal to the county, municipal or joint construction board of appeals may be made to the Hearing Coordinator, Division of C…

(a) Applications for tax exemption pursuant to P.L. 1983, c.309 shall be made on a form prepared by the Department of Treasury, Division of Taxation, and made available to the public at the office of the enforcing agency. (b) Construction official's responsibilities: 1. The const…

(a) Existing structures, when repaired, renovated, altered or reconstructed, shall conform to the requirements of N.J.A.C. 5:23-6, Rehabilitation Subcode. (b) If an existing structure is damaged by fire or any other cause, the requirements of N.J.A.C. 5:23-6, Rehabilitation Subco…

If the structure is increased in floor area or height, then the increased portion of the structure shall conform to the requirements of this chapter applicable to new construction, while any related work within the existing structure shall conform with the requirements of N.J.A.C…

(a) Continuation of existing use: The legal use of any structure existing on the effective date of the regulations may be continued without change, except as may be specifically provided in these regulations or in any property or fire safety maintenance code, or minimum housing s…

(a) Ordinary maintenance to structures may be made without filing a permit application with or giving notice to the construction official. (b) Ordinary maintenance shall not include any of the following: 1. The cutting away of any loadbearing wall or partition, or portion thereof…

(a) When the installation, extension or alteration of mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or other equipment is specifically controlled by the provisions of this chapter, it shall be…

(a) No variations or exceptions from the requirements of any subcode of these regulations may be made, except upon the following findings: 1. That strict compliance with any specific subcode provision, if required, would result in practical difficulty to such owner; and 2. That t…

(a) This section of the regulations, adopted pursuant to authority of the State Uniform Construction Code Act and entitled "Subcodes," shall be known and may be cited throughout the regulations as "N.J.A.C. 5:23-3," and when referred to in this subchapter may be cited as "this su…

Notes N.J. Admin. Code § 5:23-3.10 Amended by R.1987 d.509, effective 12/7/1987. See: 19 New Jersey Register 1264(a), 19 New Jersey Register 2270(a). Substantially amended. Amended by R.1990 d.507, effective 10/15/1990. See: 22 New Jersey Register 2208(a), 22 New Jersey Register …

(a) Except as otherwise provided at N.J.A.C. 5:23-3.11A(b), the Department of Community Affairs shall be the sole plan review agency for the following structures, plans, and equipment: 1. Electrical generating stations, including nuclear; 2. Incineration plants; 3. Solid waste di…

(a) Plan review shall be performed by the Department of Community Affairs. A Department of Education approval shall be submitted prior to the release of plans for projects subject to the Department of Education review pursuant to N.J.A.C. 6A:26-3. 1. Plan review for the construct…

(a) The installation, repair (other than "minor repair," as defined in N.J.A.C. 7:14B-10.5), and closure (or "demolition") of underground storage tank systems, as defined in N.J.A.C. 7:14B-10.1, shall be controlled by the State Uniform Construction Code and by N.J.A.C. 7:14B-1 th…

Whenever the Commissioner shall make any modifications to the rules, notice of same shall be published in the New Jersey Register. Notes N.J. Admin. Code § 5:23-3.12 Amended by R.1995 d.544, effective 10/16/1995. See: 27 New Jersey Register 2827(a), 27 New Jersey Register 3933(a)…

(a) The following apply to State-sponsored model code change proposals: 1. Any private party, municipality, other political subdivision, or agency of the State seeking to submit a State-sponsored model code change proposal shall do so not less than 240 days prior to the code chan…

(a) Rules concerning the building subcode are as follows: 1. Pursuant to authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the International Code Council, 2021 International Building Code, known as the "IBC/2021." Th…

(a) Rules concerning the plumbing subcode adopted are as follows: 1. Pursuant to the authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the Model Code of the International Association of Plumbing and Mechanical Officials, known as "The…

(a) Rules concerning the electrical subcode adopted are as follows:1. Pursuant to the authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the National Fire Protection Association, known as "The National Electrical Code…

(a) Rules concerning the fire protection subcode adopted are as follows: 1. Pursuant to the authority of P.L. 1975, c. 217, as modified at P.L. 1996, c. 53, the Commissioner hereby adopts the following portions of the building, electrical, mechanical, fuel gas, and one- and two-f…

(a) Rules concerning the energy subcode adopted are as follows: 1. Pursuant to authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the International Code Council, known as the International Energy Conservation Code/202…

Notes N.J. Admin. Code § 5:23-3.19 Reserved by 51 N.J.R. 1269(a), effective 8/5/2019

(a) Except as is otherwise provided in (b), (c) and (d) below, the provisions of this subchapter shall apply uniformly throughout the State. Any standards other than those provided herein are void and of no effect. (b) Rules concerning exceptions in health care facilities are as …

(a) Rules concerning the mechanical subcode adopted are as follows: 1. Pursuant to authority of P.L. 1975, c. 217, the Commissioner hereby adopts the model code of the International Code Council, Inc., known as the International Mechanical Code/2021. This code is hereby adopted b…

Notes N.J. Admin. Code § 5:23-3.20A New Rule R.1992 d.183, effective 4/20/1992. See: 24 New Jersey Register 167(a), 24 New Jersey Register 1475(b). Repealed by R.2001 d.196, effective 6/18/2001. See: 33 New Jersey Register 6(a), 33 New Jersey Register 2090(a). Section was "Indoor…

(a) Rules concerning the one- and two-family dwelling subcode are adopted as follows: 1. Pursuant to authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the International Code Council, 2021 International Residential Co…

(a) Rules concerning the fuel gas subcode adopted are as follows:1. Pursuant to authority of P.L. 1975, c. 217, the Commissioner hereby adopts the model code of the International Code Council, Inc., known as the International Fuel Gas Code/2021. This code is hereby adopted by ref…

(a) In accordance with the delineation of responsibility for enforcement specified herein, subject to specific reservations by the Department to itself, the appropriate official(s) shall enforce the subcode and shall act on any question relative to the mode or manner of construct…

(a) The enforcement responsibilities of the adopted subcodes are as follows:1. Building Subcode: Chapter Section/Title Responsibility Plan Review Inspection Ch. 3 Use and Occupancy Classification Building/Fire Building Ch. 4 Special Detailed Requirements Based on Use and Occupanc…

(a) Posted use and occupancy: Every building and structure and part thereof designed for business, factory and industrial, high hazard, mercantile, or storage use, (use groups B, F, H, M and S) as defined in chapter 3 of the building subcode shall be posted on all floors by the o…

(a) This chapter, together with the subcodes, national standards and appendices it adopts by reference, shall be the primary guide to accepted engineering practice in respect to any material, equipment, system or method of construction therein specified. (b) When this chapter and…

(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…