Title 52, Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:27D-122. Legislative findings It is hereby found and declared: a. That a multiplicity of construction codes currently exists in this State and some of these codes contain needless restrictions which limit the use of certain materials, techniques or products without any benefit…

52:27D-122.1. Findings, declarations relative to building construction codes 1. The Legislature finds and declares that: a. One of the specified purposes of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), was the elimination of restrictive and u…

52:27D-122.2 Findings, declarations relative to energy efficiency in buildings. 1. The Legislature hereby finds and declares: a. It is the public policy of this State to encourage and facilitate the construction of energy-efficient buildings which are designed and built to reduce…

52:27D-123 State Uniform Construction Code; adoption. 5. a. The commissioner shall after public hearing pursuant to section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4) adopt a State Uniform Construction Code for the purpose of regulating the structural d…

52:27D-123.1 Applicability over law or regulation to contrary Any law or regulation to the contrary notwithstanding, the structure, design, construction, maintenance and use of all buildings or structures to be erected and the alteration, renovation, rehabilitation, repair, maint…

52:27D-123.10 Rules, regulations pertinent to playgrounds. 2. a. The Department of Community Affairs, in consultation with the Department of Education, shall promulgate rules and regulations for the design, installation, inspection, and maintenance regarding all playgrounds opera…

52:27D-123.11 Upgrading of playgrounds. 3. a. All governmental entities operating playgrounds shall upgrade their playgrounds by replacement or improvement as necessary to satisfy the rules and regulations promulgated pursuant to this act to the extent State funds are made availa…

52:27D-123.12 Conformity to rules, regulations required for receipt of State funding. 4. a. Except in connection with the upgrading of a playground as provided in subsection a. of section 3 of P.L.1999, c.50 (C.52:27D-123.11), after the effective date of the rules and regulations…

52:27D-123.13 Automatic rain sensor, sprinkler, override irrigation cycle after adequate rainfall, required. 1. a. An automatic lawn sprinkler system installed after September 8, 2000 shall be equipped with an operational automatic rain sensor or a smart sprinkler. b. As used in …

52:27D-123.13a Definitions. 2. As used in sections 3 through 6 of P.L.2023, c.299 (C.52:27D-123.13b through 52:27D-123.13e): "Automatic rain sensor" means a device or switch that will override the irrigation cycle of an automatic lawn sprinkler system when adequate rainfall has o…

52:27D-123.13b Real property, contract of sale, automatic lawn sprinkler system, operational automatic rain sensor, smart sprinkler, monies in escrow, required. 3. a. No later than three years after the effective date of P.L.2023, c.299 (C.52:27D-123.13a et al.), every contract o…

52:27D-123.13c Compliance, violations, fines. 4. An owner who sells any property that is subject to, but that fails to comply with, the provisions of section 3 of P.L.2023, c.299 (C.52:27D-123.13b) shall be subject to a fine of not more than $500 to be collected in a civil action…

52:27D-123.13d Automatic lawn sprinkler system, common interest community, retrofitting, rain sensor, smart sprinkler. 5. Within 24 months after the date of enactment of P.L.2023, c.299 (C.52:27D-123.13a et al.), an automatic lawn sprinkler system installed on or prior to Septemb…

52:27D-123.13e Automatic lawn sprinkler system, commercial, retail, industrial property, retrofitting, rain sensor, smart sprinkler. 6. Within 12 months after the date of enactment of P.L.2023, c.299 (C.52:27D-123.13a et al.), an automatic lawn sprinkler system installed on or pr…

52:27D-123.14 Dimensional requirements for certain elevators. 1. Notwithstanding any law, rule, or regulation to the contrary, within 180 days of the effective date of P.L.2015, c.21, the commissioner shall modify the code pertaining to elevators to require that at least one elev…

52:27D-123.15 Adaptability requirement; design standards. 5. a. Any new construction for which an application for a construction permit has not been declared complete by the enforcing agency before the effective date of P.L.2005, c.350 (C.52:27D-311a et al.) and for which credit …

52:27D-123.16 Rules, regulations relative to home elevations. 2. a. The Department of Community Affairs shall promulgate rules and regulations setting forth standards, methods, procedures and other requirements that must be followed in performing home elevations. A home elevation…

52:27D-123.17 Rules, regulations. 2. On or before the first day of the seventh month next following the enactment of P.L.2019, c.490 (C.40:55D-66.17 et al.), the Commissioner of Community Affairs shall promulgate rules and regulations, pursuant to the "Administrative Procedure Ac…

52:27D-123.18 Rules, regulations. 9. a. The Commissioner of Community Affairs shall adopt, pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), a list of approved uses, and use conditions or use limits, if applicable, for substitutes, as …

52:27D-123.19 Solar-ready building, warehouses. 1. a. Any newly constructed warehouse for which an application for a construction permit has not been declared complete by the enforcing agency before July 1, 2022, shall be a solar-ready building. b. The Department of Community Aff…

52:27D-123.2. Agricultural construction criteria a. Notwithstanding any other provision of P.L. 1975, c. 217 (C. 52:27D-119 et seq.), the Commissioner of the Department of Community Affairs and the Secretary of Agriculture shall, within 270 days of the effective date of this amen…

52:27D-123.20 Newly constructed townhouses, automatic fire sprinkling system installation; rules, regulations. 1. a. Except as provided in subsection b. of this section, a newly constructed townhouse subject to the one- and two-family dwelling subcode, adopted by the Commissioner…

52:27D-123.3. High hazard uses Any use of a commercial farm building, other than its main use, which constitutes a high hazard because it involves the generation, processing or storage of corrosive, highly toxic, flammable or explosive materials shall be segregated from the main …

52:27D-123.4. Public assembly permit A commercial farm building may be used temporarily as a place of public assembly if a permit for such use has been issued by the local fire official pursuant to the code adopted pursuant to the "Uniform Fire Safety Act," P.L. 1983, c. 383 (C. …

52:27D-123.5. Building code, development 2. The Commissioner of the Department of Community Affairs, in consultation with the State Board of Education, is directed to develop a building code specifically designed to foster cost-effective school building construction, while ensuri…

52:27D-123.6. Code conditions 3. The code adopted by the Commissioner of Community Affairs pursuant to section 2 of this act shall not require as a condition for approval of plans and specifications for the erection, alteration, improvement or repair of a public school facility: …

52:27D-123.7. Findings, determinations, declarations 1. The Legislature hereby finds, determines and declares: a. There is an urgent need to improve the housing conditions of low and moderate income individuals and families, many of whom live in substandard housing, particularly …

52:27D-123.8 Development of building code to foster housing rehabilitation 2. a. The Commissioner of Community Affairs is hereby directed to develop a building code specifically designed to foster cost-effective housing rehabilitation, while ensuring through its provisions that n…

52:27D-123.9 Definitions relative to playground safety. 1. For the purposes of P.L.1999, c.50 (C.52:27D-123.9 et seq.): "Completely inclusive playground" means a playground designated for public use for children two to five years of age or five to twelve years of age, with an acc…

52:27D-123a. Adoption of radon hazard code The Commissioner of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a radon hazard code, or may propose amendments to revise the appropriate model code adopted pursuant…

52:27D-123b. Construction to be in accordance with radon hazard code standards No construction permit shall be issued for the construction of any new school or residential building in a tier one area, except after submission to the construction official of documentation sufficien…

52:27D-123c. Certificate of occupancy contingent on conformity with radon hazard code standards No certificate of occupancy shall be issued for any newly constructed school or residential building required to be constructed in accordance with radon hazard code standards as provid…

52:27D-123d. Testing of building sites for presence of radon hazards The Department of Community Affairs, in consultation with the Department of Environmental Protection, the National Institute of Standards and Technology, the National Association of Homebuilders Research Center …

52:27D-123e. Training of construction officials The Department of Community Affairs shall take such actions as are necessary to train construction officials in the implementation of this act. L.1989,c.186,s.5.

52:27D-123f Carbon monoxide detectors required in certain structures. 1. a. An application for a construction permit for any structure other than a structure subject to the provisions of P.L.1999, c.15 (C.52:27D-133.3 et al.) shall not be declared complete without containing prov…

52:27D-124 Powers of the commissioner. 6. The commissioner shall have all the powers necessary or convenient to effectuate the purposes of P.L.1975, c.217 (C.52:27D-119 et seq.), including, but not limited to, the following powers in addition to all others granted by P.L.1975, c.…

52:27D-124.1. Uniform construction code revolving fund There is established in the Department of Community Affairs, a nonlapsing, revolving fund to be known as the Uniform Construction Code Revolving Fund. All surcharge fees levied on new construction pursuant to section 6 of P.L…

52:27D-124.2. Functions, etc. relating to energy subcode continued and transferred All of the functions, powers and duties heretofore exercised by the Department of Energy and the commissioner thereof pursuant to P.L.1977, c. 146 (C. 52:27F-1 et seq.) relating to the adoption, am…

52:27D-124.3 Submittal of bid, proposal by private agency under local public contracts law. 3. A proposal by a private agency to provide inspection or plan review services to a municipality to administer the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217…

52:27D-124.4 "Electronic Permit Processing Review System." 1. a. The Commissioner of Community Affairs shall establish, develop, implement, and administer the "Electronic Permit Processing Review System." This electronic system shall be an Internet-based system allowing for the e…

52:27D-124.5 Findings, declarations. 1. The Legislature finds and declares that: a. New Jersey has adopted a goal of 100 percent clean energy by 2035. b. Simplifying and enhancing the ability of New Jersey residents to install and use solar energy systems and home batteries is an…

52:27D-124.6 State Smart Solar Permitting Platform, definitions. 2. a. As used in this section: "Department" means the Department of Community Affairs. "Enforcing agency" means the municipal or county construction official and subcode officials provided for in section 8 of P.L.19…

52:27D-124a. Federal manufactured home safety and construction standards; administration and enforcement; reports In accordance with the provisions of subsection b. of section 6 of P.L.1975, c. 217 (C. 52:27D-124b.) and with this act, the commissioner is authorized to administer …

52:27D-124b. Standards where no federal standard established; enforcement Whenever the commissioner shall deem it necessary to establish standards concerning any manufactured or mobile home construction or safety issue with respect to which no federal standard has been establishe…

52:27D-124c. Inspection of factory, warehouse, or place of sale; monitoring inspection fee The commissioner, by his authorized representatives, may enter, at reasonable times, any factory, warehouse or establishment in which manufactured homes are manufactured, stored or held for…

52:27D-124d. Manufacturers, distributors and dealers; records, reports and provision of information; inspection Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the secre…