N.J. Admin. Code § 5:23-3.21

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:23-3.21 - One- and two-family dwelling subcode

(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 Code known as the "IRC/2021" as the one- and two-family dwelling subcode in New Jersey subject to the modifications stated at (c) below.

i. Copies of this code may be obtained from the International Code Council at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795.

ii. The IRC/2021 may be known and cited as the one- and two-family dwelling subcode.

(b) The provisions of this subcode shall apply to detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress serving each dwelling unit and their accessory structures.

(c) The following chapters or sections of the IRC/2021 shall be modified as follows:

1. Chapter 1, Scope and Administration, shall be deleted in its entirety and "See the administrative provisions of N.J.A.C. 5:23." shall be inserted. In addition, any referenced section of Chapter 1 shall be deleted throughout the code and "the administrative provisions of the Uniform Construction Code (N.J.A.C. 5:23)" shall be inserted.

2. Chapter 2, Definitions, shall be amended as follows:

i. The definition of "Addition" shall be deleted.

ii. The definition of "Alteration" shall be deleted.

iii. The definition of "Approved" shall be deleted and the following shall be inserted: "Approved refers to approval by the appropriate subcode official or other authority having jurisdiction in accordance with the regulations."

iv. In the definition of "Approved Agency," "or other authority having jurisdiction in accordance with the Uniform Construction Code" shall be inserted after "official."

v. The definition of "Attic, habitable" shall be deleted and the following shall be inserted:

"An attic that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third the area of the next floor below."

vi. The definition of "Building" shall be deleted and the following shall be inserted:

"BUILDING. A structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing shelter, enclosure and support of individuals, animals or property of any kind. When used herein, building and structure shall be interchangeable except where the context clearly indicates otherwise."

vii. The definition of "Building, Existing" shall be deleted.

viii. The definition of "Building Line" shall be deleted.

ix. The definitions of "Building Official" and "Change of Occupancy" shall be deleted.

x. In the definition of "Dwelling Unit," "living as a single housekeeping unit" shall be inserted after "persons."

xi. The definition of "Existing Installations" shall be deleted.

xii. The definition of "Guestroom" shall be deleted.

xiii. The definition of "Historic Building" shall be deleted.

xiv. The definition of "Jurisdiction" shall be deleted.

xv. The definition of "Lodging House" shall be deleted.

xvi. The definition of "Manufactured Home" shall be deleted.

xvii. The definition of "Owner" shall be deleted and the following shall be inserted: "OWNER. The owner or owners in fee of the property of a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation, directly or indirectly in control of a building, structure or real property and shall include any subdivision thereof of the State."

xviii. The definition of "Permit" shall be deleted.

xix. The definition of "Person" shall be deleted.

xx. In the definition of "Potable Water," "public health authority having jurisdiction" shall be deleted and "Public Health Drinking Water Standards or the regulations" shall be inserted.

xxi. The definition of "Repair" shall be deleted.

xxii. The definitions of "Reroofing," "Roof Recover," "Roof Repair," and "Roof Replacement" shall be deleted.

xxiii. The definition of "Structure" shall be deleted.

3. Chapter 3, Building Planning, shall be amended as follows:

i. Add new Section R300 as follows:

R300" Height and Area Limitations

R300.1 General. Buildings of VB, unprotected wood framed construction, as that term is defined in Section 602 of the building subcode, shall be not more than two stories, not more than 35 feet in height, and not more than 4,800 square feet in area per floor. For the purpose of applying this subsection, a habitable attic shall not constitute a story in a two-story dwelling.

R300.2 Increases in height. The building shall be not more than three stories and not more than 55 feet in height where the building is equipped throughout with an automatic sprinkler system installed in accordance with the National Fire Protection Association (NFPA) Standard 13D or Section P2904.

R300.3 Increases in area. The area of a building may be increased as provided in Sections R300.3.1 and Section R300.3.2 below.

R300.3.1 Automatic sprinkler system. The area limitation shall be unlimited where a building is equipped throughout with an automatic sprinkler system installed in accordance with NFPA Standard 13D or Section P2904.

R300.3.2 Frontage. The area limitation shall be permitted to be increased two percent for each one percent of excess frontage where a building has more than 25 percent of the building perimeter fronting on a street or other unoccupied space. The unoccupied space shall be on the same lot or dedicated for public use, shall be not less than 30 feet in width, and shall have access from a street by a posted fire lane that is not less than 18 feet in width.

R300.4 Buildings of VA construction. Buildings of VA, protected wood framed construction, as that term is defined in Section 602 of the building subcode, shall be not more than three stories, not more than 40 feet in height, and not more than 10,200 square feet in area per floor.

R300.4.1 Increases in height. Buildings of VA construction greater than three stories in height shall be designed and constructed in accordance with the building subcode.

R300.4.2 Increases in Area. Buildings of VA construction shall be permitted to be increased in area in accordance with R300.3.

R300.5 Buildings of other types of construction. The height and area limits allowable for buildings of construction type VA shall apply to other construction types, as they are defined in Section 602 of the building subcode, provided that the fire ratings of building elements meet or exceed the requirements for type VA in Tables 601 and 705.5 of the building subcode."

ii. Table R301.2, Climatic and Geographic Design Criteria, shall be amended as follows:

1. Under the heading of "Ground Snow Load," insert "see Bulletin 19-1";

2. Under the heading of "Wind Design--Speed," insert "see Bulletin 19-1";

3. Under the heading of "Wind Design--Topographic effects," insert "N/A" for Not Applicable;

4. Under the heading of "Wind Design--Special wind region," insert "N/A" for Not Applicable;

5. Under the heading of "Wind Design--Windborne debris region," insert "N/A" for Not Applicable;

6. Under the heading of "Seismic Design Category," insert "N/A" for Not Applicable;

7. Under the heading of "Subject to damage from - Weathering," insert "Severe";

8. Under the heading of "Subject to damage from - Frost line depth," insert "2'6" SNJ; 3'0" NNJ";

9. Under the heading of "Subject to damage from - Termite," insert "Moderate to Heavy";

10. Under the heading of "Ice Barrier Underlayment Required," insert "see Bulletin 07-3";

11. Under the heading of "Flood Hazards," insert "LFPA" for local floodplain administrator;

12. Under the heading of "Air Freezing Index," insert "1500 or less";

13. Under the heading of "Mean Annual Temp;" insert "see Note j";

14. At the beginning of Note b, insert "New Jersey is divided into two zones: SNJ consists of Monmouth and Burlington Counties and all counties to the south; NNJ consists of Mercer and Middlesex Counties and all counties to the north.";

15. At the beginning of Note g, insert "See the local floodplain administrator (LFPA)."

iii. Section R301.2.1.5, Topographic wind effects, shall be deleted, along with its subsections, tables and figures.

iv. Section R301.2.2, Seismic provisions, shall be deleted, along with its subsections, tables, and figures and the following shall be inserted: "Detached one- and two-family dwellings and attached single-family townhouses are exempt from the seismic requirements of this code."

v. Section R301.2.4, Floodplain Construction, "repair" shall be deleted and "restoration" shall be inserted. Also, Section R301.2.4.1, Alternative provisions, shall be deleted in its entirety.

vi. In Table R301.5, Minimum Uniformly Distributed Live Loads, delete "Balconies (exterior) and" from the fourth row. Insert a new row below "Decks" with "Exterior Balconies" in the "Use" column and "60" in the "Uniform Load" column.

vii. In exception 2 of Section R302.1, the following shall be added to the end of the sentence: "provided the aggregate area of all buildings on the same lot do not exceed the permissible area from Section R300."

viii. In Section R302.2.2, Common Walls, in the fourth sentence, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

ix. In Section R302.5.1, Opening protection, in the last sentence, "Doors shall be self-latching and equipped with a self-closing or automatic-closing device" shall be deleted.

x. In Section R302.6, Dwelling-garage fire separation, "Attachment of gypsum board shall comply with Table R702.3.5." shall be deleted.

xi. Table R302.6, Dwelling-Garage Separation, shall be amended as follows: In the column entitled "Material" and the rows entitled "From habitable rooms above the garage" and "Structure(s) supporting floor/ceiling assemblies used for separation required by this section," the text shall be deleted and "constructed with not less than a one-hour fire resistance rating (see N.J.U.C.C. FTO-13)" shall be inserted.

xii. Section R303.7, Interior stairway illumination and R303.8, Exterior stairway illumination, shall be deleted in their entirety.

xiii. Section R303.10, Required heating, shall be deleted in its entirety.

xiv. In Section R307.1, Space required, "Figure R307.1, and in accordance with the requirements of Section P2705.1" shall be deleted and "Figure 7.3.2 of the plumbing subcode (N.J.A.C. 5:23-3.15), entitled 'Minimum Fixture Clearances' "shall be inserted. In addition, Figure R307.1 shall be deleted.

xv. In Section R310.1, Emergency escape and rescue opening required, "Basements, habitable attics and" shall be deleted. The sentence shall start with "Every." In addition, exception 1 shall be deleted in its entirety.

xvi. In Section R310.4.3, Drainage, "R405.1" shall be deleted in the body of the general text and again in the exception and "R406.1" shall be inserted for each deletion.

xvii. Sections R310.5, Replacement windows for emergency escape and rescue openings, R310.6, Dwelling additions, and R310.7, Alterations or repairs of existing basements, R310.7.1, Existing emergency escape rescue openings, shall be deleted.

xviii. In Section R311.3.1, Floor elevations at the required egress doors, in the Exception, "7 3/4 inches (196 mm)" shall be deleted and "8 1/4 inches (210 mm)" shall be inserted. Also, in Section R311.3.2, Floor elevations at other exterior doors, "7 3/4 inches (196 mm)" shall be deleted and "8 1/4 inches (210 mm)" shall be inserted."

xix. In Section R311.7.5.1, Risers, "7 3/4 inches (196 mm)" shall be deleted and "8 1/4 inches (210 mm)" shall be inserted.

xx. In Sections R311.7.5.2, Treads, and R311.7.5.2.1, Winder treads, "10 inches (254 mm)" shall be deleted and "9 inches (229 mm)" shall be inserted.

xxi. In Section R311.7.8.1, Height, "34 inches (864 mm)" shall be deleted and "30 inches (762 mm)" shall be inserted.

xxii. Section R311.7.9, Illumination, shall be deleted in its entirety.

xxiii. In Section R311.8.3.1, Height, "34 inches (864 mm)" shall be deleted and "30 inches (762 mm)" shall be inserted.

xxiv. Section R313.1, Townhouse automatic fire sprinkler systems shall be deleted. Section R313.1.1 shall be retained.

xxv. Section R313.2, One- and two-family dwellings automatic sprinkler systems, shall be deleted. Section R313.2.1 shall be retained.

xxvi. Section R314.2.2, Alterations, repairs and additions, shall be deleted.

xxvii. In Section R314.6, Power source, both exceptions shall be deleted.

xxviii. New Section R314.7.5 shall be inserted as follows: "R314.7.5, Monitoring. The system shall be monitored by an approved supervising station and shall be maintained in accordance with NFPA 72."

xxix. In Section R315.2, Where required, "and R315.2.2" shall be deleted. Also, Section R315.2.2, Alterations, repairs and additions, shall be deleted. Lastly, exception 2 of Section R315.6, Power source, shall be deleted.

xxx. In Section R319.1, Address Identification, the fourth, fifth, and ninth sentences shall be deleted. Additionally, in the seventh sentence, "fire code official" shall be deleted and "fire protection subcode official" shall be inserted.

xxxi. Section R320, Accessibility, shall be deleted.

xxxii. Section R321, Elevators and platform lifts, shall be deleted.

xxxiii. In Section R322.1, General, "repair" shall be deleted and "restoration" shall be inserted.

xxxiv. Section R322.1.1, Alternative provisions, shall be deleted in its entirety.

xxxv. In Section R322.1.6, Protection of mechanical, plumbing and electrical systems, the second sentence shall be deleted.

xxxvi. In Section R322.1.7, Protection of water supply and sanitary sewage systems, in the first and second sentences, "and replacement" shall be deleted. Also, in the second sentence, "the plumbing provisions of this code and Chapter 3 of the International Private Sewage Disposal Code" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

xxxvii. In Section R322.1.9, Manufactured homes, in the first sentence, "new and replacement" shall be deleted and "relocated" shall be inserted in lieu thereof.

xxxviii. In Section R322.2.3, Foundation design and construction, "For buildings supported by piles, the design and methods of construction shall meet the applicable criteria of ASCE 24." shall be inserted after the first sentence.

xxxix. In Section R322.3, Coastal high-hazard areas (including V Zones and Coastal A Zones, where designated), "Sections R322.3.1 through R322.3.10" shall be deleted and " ASCE 24" shall be inserted in its place. Additionally, the subsections that follow the text of R322.3, Sections R322.3.1 through R322.3.10, shall be deleted.

xl. Section R323, Storm Shelters, shall be deleted.

xli. Section R326, Habitable attics, shall be deleted.

xlii. In Section R327.1, General, "and enclosures" shall be inserted between "spas" and "shall."

xliii. A new Section R327.2, Amendments to the International Swimming Pool and Spa Code, shall be inserted as follows:

R327.2. Amendments to the International Swimming Pool and Spa Code. The following amendments shall be made to the International Swimming Pool and Spa Code (ISPSC).

1. Chapter 1, Scope and Administration, shall be deleted in its entirety and "See the administrative provisions of N.J.A.C. 5:23." shall be inserted. In addition, any referenced section of Chapter 1 shall be deleted throughout the code and "the administrative provisions of the Uniform Construction Code (N.J.A.C. 5:23)" shall be inserted.

2. Chapter 2, Definitions, shall be amended as follows:

2.1 In Section 201.3, Terms defined in other codes, "International Plumbing Code" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

2.2 In Section 202, Definitions:

2.2.1 The definition of "alteration" shall be deleted.

2.2.2 The definition of "code official" shall be deleted and the following shall be inserted:

"Construction Official. A qualified person appointed by the municipal appointing authority or the commissioner pursuant to the act and the regulations to enforce and administer the regulations within the jurisdiction of the enforcing agency."

2.2.3 The definition of "existing pool or spa" shall be deleted.

2.2.4 The definition of "owner" shall be deleted and the following shall be inserted:

"Owner. The owner or owners in fee of the property of a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation, directly or indirectly in control of a building, structure or real property and shall include any subdivision thereof of the State."

2.2.5 The definitions of "permit" and "repair" shall be deleted.

3. Chapter 3, General Compliance, shall be amended as follows:

3.1 In Section 302.1, Electrical, "NFPA 70" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted. Additionally, "or the International Residential Code, as applicable in accordance with Section 102.7.1" shall be deleted.

3.2 In Section 302.2, Water service and drainage, "International Plumbing Code" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

3.3 In Sections 302.5, Backflow prevention, and 302.6, Waste-water discharge, "International Plumbing Code or the International Residential Code, as applicable in accordance with Section 102.7.1" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

3.4 Section 305, Barrier requirements, shall be amended as follows:

3.4.1 In Section 305.1, General, in the second sentence, "and swimming pools are equipped with a powered safety cover that complies with ASTM F1346" shall be deleted. Also in the second sentence, ", hot tubs or pools" shall be replaced with "or hot tubs".

3.4.2 Section 305.1.1, Construction fencing required, shall be deleted.

3.4.3 Section 305.4, Structure wall as a barrier, shall be deleted.

3.4.4 In Section 305.5, Onground residential pool structure as a barrier, in item 3, "capable of being secured, locked or removed to prevent access except where the ladder or steps are" shall be deleted.

3.5 In Section 306.1, General, "in accordance with Section 102.7.1" shall be deleted.

3.6 Sections 306.3, Step risers and treads, and 306.4, Deck steps handrail required, shall be deleted.

3.7 In Section 306.9.1, Hose bibbs, "International Plumbing Code or the International Residential Code, as applicable in accordance with Section 102.7.1" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

3.8 In Sections 307.1.1, Glazing in hazardous locations, 307.1.3, Roofs or canopies, 307.2.2, Materials and structural design, and 316.6.1, Installation, "in accordance with Section 102.7.1" shall be deleted.

3.9 In Section 316.4, Installation, "in accordance with Section 102.7.1" shall be deleted. Additionally, "NFPA 70" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

3.10 In Section 318.2, Protection of potable water supply, "International Residential Code or the International Plumbing Code or, as applicable in accordance with Section 102.7.1" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

3.11 In Section 321.2.1, Pool and deck illumination, in the second sentence, "NFPA 70" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

3.12 In Section 321.4, Residential pool and deck illumination, "NFPA 70" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted. Additionally, "or the International Residential Code, as applicable in accordance with Section 102.7.1" shall be deleted.

3.13 In Section 324.4, Electrical, "NFPA 70" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

4. Chapter 4, Public swimming pools, shall be amended as follows:

4.1 In Section 410.1, Toilet facilities, "International Building Code or International Plumbing Code" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

5. Chapter 6, Aquatic recreation facilities, shall be amended as follows:

5.1 In Section 601.1, Scope, the following sentence shall be added to the end of the paragraph, "For purposes of enforcement, Class D-2 and Class D-6 public pools shall be regulated by this chapter and N.J.A.C. 5:23; all other Class D public pools shall be regulated by N.J.A.C. 5:14A."

5.2 In Section 609.1, General, "International Building Code and International Plumbing Code and Section 609.2 through 609.9" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

5.3 Sections 609.2, Number of fixtures, 609.3, Showers, 609.4, Soap dispensers, 609.5, Toilet tissue holder, 609.6, Lavatory mirror, 609.7, Sanitary napkin receptacles, 609.8, Sanitary napkin dispensers, and 609.9, Infant Care, shall be deleted.

6. Appendix A, Board of Appeals, shall be deleted in its entirety.

xliv. In Section R329.2, Installation, "Chapters 34 through 43" shall be deleted, and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

xlv. In Section R330.1, General, the words "and existing" shall be deleted.

4. Chapter 4, Foundations, shall be amended as follows:

i. In Table R401.4.1, Presumptive Load Bearing Values of Foundation Materials, "12,000; 4,000; 3,000; 2,000; and 1,500" shall be deleted and "12,000; 6,000; 5,000; 3,000; and 2,000" shall be inserted.

ii. Section R403.1.4, Minimum depth, shall have the following exceptions added:

"Exceptions:

1. Accessory garden-type utility sheds and similar structures that are 100 square feet or less in area, 10 feet or less in height and does not contain a water, gas, oil or sewer connection. These structures shall be of sufficient weight to remain in place or shall be anchored to the ground.

2. Accessory garden-type utility sheds and similar structures that are greater than 100 square feet, but not more than 200 square feet in area, and 10 feet or less in height, provided the shed is dimensionally stable without the foundation system and does not contain a water, gas, oil or sewer connection. A shed shall be considered dimensionally stable if it is provided with a floor system that is tied to the walls of the structure such that it reacts to loads as a unit. These structures shall be of sufficient weight to remain in place or shall be anchored to the ground."

iii. In Section R403.1.4.1, Frost protection, the exceptions shall be deleted and the following shall be inserted:

Exception: Free standing buildings meeting all of the following conditions shall not be required to be protected:

1. Buildings and other structures that represent a low hazard to human life in the event of failure, including but not limited to, agricultural buildings, temporary buildings and minor storage facilities.

2. Area of 600 square feet (56 m< >) or less for light framed construction, or 400 square feet (37 m< >) or less for other than light-framed construction; and

3. Eave height of 10 feet (3048 mm) or less.

iv. In Section R403.3.3, Drainage, "Table R405.1" shall be deleted and "Table R406.1" shall be inserted.

v. In Table R403.4, note C; Table R404.1.1(1), Note B; Table R404.1.1(2), Note D; Table R404.1.1 (3), Note D; Table R404.1.1(4), Note D; Table R404.1.2(2), Note A; Table R404.1.2(3), Note A; Table R404.1.2(4), Note A; Table R404.1.2(5), Note A; Table R404.1.2(6), Note A; Table R404.1.2 (7), Note A; and Table R404.1.2(8), Note A, "Table R405.1" shall be deleted and "Table R406.1" shall be inserted.

vi. In Section R404.2.5, Drainage and dampproofing, delete "Sections R405 and R406, respectively." and insert "Section R406."

vii. In Section R404.4, Retaining walls, in the first sentence, "that are not laterally supported at the top and that retain in excess of 48 inches (1219 mm) of unbalanced fill, or retaining walls exceeding 24 inches (610 mm) in height that resist lateral loads in addition to soil" shall be deleted and "for which a construction permit is required by N.J.A.C. 5:23-2.14" shall be inserted.

viii. Sections R405, Foundation Drainage, with the exception of Table R405.1, which shall be renumbered as "Table R406.1", and R406, Foundation Waterproofing and Dampproofing, shall be deleted and the text of Section 1805, Dampproofing and Waterproofing from the building subcode shall be inserted as follows:

R406.1" General. Walls or portions thereof that retain earth and enclose interior spaces and floors below grade shall be waterproofed and dampproofed in accordance with this section, with the exception of those spaces containing groups other than residential and institutional where such omission is not detrimental to the building or occupancy.

Ventilation for crawl spaces shall comply with Section R408.

R406.1.1 Story above grade plane. Where a basement is considered a story above grade plane and the finished ground level adjacent to the basement wall is below the basement floor elevation for 25 percent or more of the perimeter, the floor and walls shall be dampproofed in accordance with Section R406.2 and a foundation drain shall be installed in accordance with Section R406.4.1. The foundation drain shall be installed around the portion of the perimeter where the basement floor is below ground level. The provisions of Sections R406.3 and R406.4.1 shall not apply in this case.

R406.1.2 Under-floor space. The finished ground level of an under-floor space such as a crawl space shall not be located below the bottom of the footings. Where there is evidence that the ground water table rises to within 6 inches (152 mm) of the ground level at the outside building perimeter, or that the surface water does not readily drain from the building site, the ground level of the under-floor space shall be as high as the outside finished ground level, unless an approved drainage system is provided. The provisions of Sections R406.2, R406.3 and R406.4 shall not apply in this case.

R406.1.2.1 Flood hazard areas. For buildings and structures in flood hazard areas as established in Section R322, the finished ground level of an under-floor space such as a crawl space shall be equal to or higher than the outside finished ground level on at least one side.

Exception: Under-floor spaces that meet the requirements of FEMA TB-11.

R406.1.3 Ground-water control. Where the groundwater table is lowered and maintained at an elevation not less than 6 inches (152 mm) below the bottom of the lowest floor, the floor and walls shall be dampproofed in accordance with Section R406.2. The design of the system to lower the ground-water table shall be based on accepted principles of engineering that shall consider, but not necessarily be limited to, permeability of the soil, rate at which water enters the drainage system, rated capacity of pumps, head against which pumps are to operate and the rated capacity of the disposal area of the system.

R406.2 Dampproofing. Where hydrostatic pressure will not occur, floors and walls for other than wood foundation systems shall be dampproofed in accordance with this section. Wood foundation systems shall be constructed in accordance with AWC PWF.

R406.2.1 Floors. Dampproofing materials for floors shall be installed between the floor and the base course required by Section R406.4.1, except where a separate floor is provided above a concrete slab.

Where installed beneath the slab, dampproofing shall consist of not less than 6-mil (0.006 inch; 0.152 mm) polyethylene with joints lapped not less than 6 inches (152 mm), or other approved methods or materials. Where permitted to be installed on top of the slab, dampproofing shall consist of mopped-on bitumen, not less than 4-mil (0.004 inch; 0.102 mm) polyethylene, or other approved methods or materials. Joints in the membrane shall be lapped and sealed in accordance with the manufacturer's installation instructions.

R406.2.2 Walls. Dampproofing materials for walls shall be installed on the exterior surface of the wall, and shall extend from the top of the footing to above ground level.

Dampproofing shall consist of a bituminous material, 3 pounds per square yard (16N/m< >) of acrylic modified cement, 1/8-inch (3.2 mm) coat of surface-bonding mortar complying with ASTM C 887, any of the materials permitted for waterproofing by Section R406.3.2, or other approved methods or materials.

R406.2.2.1 Surface preparation of walls. Prior to application of dampproofing materials on concrete walls, holes and recesses resulting from the removal of form ties shall be sealed with a bituminous material or other approved methods or materials. Unit masonry walls shall be parged on the exterior surface below ground level with not less than 3/8 inch (9.5 mm) of portland cement mortar. The parging shall be coved at the footing.

Exception: Parging of unit masonry walls is not required where a material is approved for direct application to the masonry.

R406.3 Waterproofing. Where the ground-water investigation indicates that a hydrostatic pressure condition exists, and the design does not include a ground-water control system as described in Section R406.1.3, walls and floors shall be waterproofed in accordance with this section.

R406.3.1 Floors. Floors required to be waterproofed shall be of concrete and designed and constructed to withstand the hydrostatic pressures to which the floors will be subjected.

Waterproofing shall be accomplished by placing a membrane of rubberized asphalt, butyl rubber, fully adhered/fully bonded HDPE or polyolefin composite membrane or not less than 6-mil (0.006 inch; 0.152 mm) polyvinyl chloride with joints lapped not less than 6 inches (152 mm) or other approved materials under the slab. Joints in the membrane shall be lapped and sealed in accordance with the manufacturer's installation instructions.

R406.3.2 Walls. Walls required to be waterproofed shall be of concrete or masonry and shall be designed and constructed to withstand the hydrostatic pressures and other lateral loads to which the walls will be subjected.

Waterproofing shall be applied from the bottom of the wall to not less than 12 inches (305 mm) above the maximum elevation of the ground-water table. The remainder of the wall shall be dampproofed in accordance with Section R406.2.2. Waterproofing shall consist of two-ply hot-mopped felts, not less than 6-mil (0.006 inch; 0.152 mm) polyvinyl chloride, 40-mil (0.040 inch; 1.02 mm) polymer-modified asphalt, 6-mil (0.006 inch; 0.152 mm) polyethylene or other approved methods or materials capable of bridging nonstructural cracks. Joints in the membrane shall be lapped and sealed in accordance with the manufacturer's installation instructions.

R406.3.2.1 Surface preparation of walls. Prior to the application of waterproofing materials on concrete or masonry walls, the walls shall be prepared in accordance with Section R406.2.2.1.

R406.3.3 Joints and penetrations. Joints in walls and floors, joints between the wall and floor, and penetrations of the wall and floor shall be made watertight utilizing approved methods and materials.

R406.4 Subsoil drainage system. Where a hydrostatic pressure condition does not exist, dampproofing shall be provided and a base shall be installed under the floor and a drain installed around the foundation perimeter. A subsoil drainage system designed and constructed in accordance with Section R406.1.3 shall be deemed adequate for lowering the ground-water table.

R406.4.1 Floor base course. Floors of basements, except as provided for in Section R406.1.1, shall be placed over a floor base course not less than 4 inches (102 mm) in thickness that consists of gravel or crushed stone containing not more than 10 percent of material that passes through a No. 4 (4.75 mm) sieve.

Exception: Where a site is located in well-drained gravel or sand/gravel mixture soils, a floor base course is not required.

R406.4.2 Foundation drain. A drain shall be placed around the perimeter of a foundation that consists of gravel or crushed stone containing not more than 10 percent material that passes through a No. 4 (4.75 mm) sieve. The drain shall extend a minimum of 12 inches (305 mm) beyond the outside edge of the footing. The thickness shall be such that the bottom of the drain is not higher than the bottom of the base under the floor, and that the top of the drain is not less than 6 inches (152 mm) above the top of the footing. The top of the drain shall be covered with an approved filter membrane material. Where a drain tile or perforated pipe is used, the invert of the pipe or tile shall not be higher than the floor elevation. The top of joints or the top of perforations shall be protected with an approved filter membrane material. The pipe or tile shall be placed on not less than 2 inches (51 mm) of gravel or crushed stone complying with Section R406.4.1 and shall be covered with not less than 6 inches (152 mm) of the same material.

R406.4.3 Drainage discharge. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainage system that complies with the plumbing subcode (N.J.A.C. 5:23-3.15).

Exception: Where a site is located in well-drained gravel or sand/gravel mixture soils, a dedicated drainage system is not required."

ix. At Section R407.3, Structural requirements, in the exception, delete the phrase "In Seismic Design Categories A, B, and C" at the beginning of the sentence.

5. Chapter 5, Floors, shall be amended as follows:

i. In Section R502.11.4, entitled "Truss Design Drawings," the second sentence shall be amended to insert "and truss layout drawings" after "Truss design drawings."

ii. New Section R502.11.5, entitled "Truss Identification," shall be inserted as follows: "Each truss shall be labeled or otherwise indelibly marked at the factory with the individual truss number as assigned in the truss layout plan. The indelible marking or label shall be located on the bottom chord of the truss, inside the bearing points. When indelible markings are used, each digit shall be not less than one inch high. When labels are used, the label shall be a minimum of five inches by three inches and shall be affixed to the truss by a truss plate. Labels shall remain affixed to the truss."

iii. In Section R506.2.2, Base, in the exception, "Table R405.1" shall be deleted and "Table R406.1" shall be inserted.

6. Chapter 6, Wall Construction, shall be amended as follows:

i. In Figure R602.6.1, Top plate framing to accommodate piping, "8-10d nails" shall be deleted and "3-8d nails" shall be inserted.

ii. In Section R602.6.1, Drilling and notching of top plate, "eight 10d (0.148 inch diameter)" shall be deleted and "3-8d" shall be inserted.

iii. Section R606.1.1, Professional registration not required, shall be deleted.

iv. In Section R608.1, General, the second sentence shall be deleted.

7. Chapter 8, Roof-Ceiling Construction, shall be amended as follows:

i. In Section R802.10.1, entitled "Truss Design Drawings," the third sentence shall be amended to insert "and truss layout drawings" after "Truss design drawings."

ii. New Section R802.10.5, entitled "Truss Identification," shall be inserted as follows: "Each truss shall be labeled or otherwise indelibly marked at the factory with the individual truss number as assigned in the truss layout plan. The indelible marking or label shall be located on the bottom chord of the truss, inside the bearing points. When indelible markings are used, each digit shall be not less than one inch high. When labels are used, the label shall be a minimum of five inches by three inches and shall be affixed to the truss by a truss plate. Labels shall remain affixed to the truss."

8. Chapter 9, Roof Assemblies, shall be amended as follows:

i. In Section R903.4.1, Secondary (emergency overflow) drains or scuppers, in the last sentence of the first paragraph, "Sections 1106 and 1108 of the International Plumbing Code, as applicable" shall be deleted and "plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted in its place.

ii. In Section R905.1.2, Ice barriers, in the first sentence, delete "in areas where there has been a history of ice forming along the eaves causing a back-up of water as designated in table R301.2," and "In areas where the average daily temperature in January is 25°F (-4°C) or less," shall be inserted.

9. Chapter 10, Chimneys and Fireplaces, shall be amended as follows:

i. In Section R1001.11, Fireplace clearance, Exception 3, "12 inches" shall be deleted and "six inches" shall be inserted. In addition, in Figure R1001.11, Clearance from combustibles, "12 IN." shall be deleted and "6 IN." shall be inserted.

ii. In Section R1003.18, Chimney clearances, Exception 3, "8 inches" shall be deleted and "six inches" shall be inserted.

iii. In Figure R1003.18, Clearance from Combustibles, "8 IN." shall be deleted and "6 IN." shall be inserted.

10. Chapter 11, Energy Efficiency, shall be amended as follows:

i. Sections N1101.2 (R101.3), Intent, and N1101.5 (R103.2), Information on construction documents, shall be deleted.

ii. In Section N1101.6 (R202), Defined terms, the following definitions shall be deleted: Addition, Alteration, Building, Historic Building, Repair, Reroofing, Residential Building, Roof Recover, Roof Repair, and Roof Replacement.

iii. Section N1101.12 (R303.3), Maintenance information, shall be deleted.

iv. In Section N1101.13 (R401.2), Application, the exception shall be deleted in its entirety.

v. In Section N1103.7 (R403.7), Equipment sizing and efficiency rating, "or replacement" shall be deleted in the second sentence.

vi. In Section N1103.8 (R403.8), Systems serving multiple dwellings units, delete "Sections C403 and C404 of the IECC--Commercial Provisions" and replace with "Chapters 6 and 7 of the ASHRAE Standard 90.1 referenced by the energy subcode (N.J.A.C. 5:23-3.18)."

vii. In Section N1104.1.1 (R404.1.1), Exterior lighting, delete "Section C405.5 of the International Energy Conservation Code-- Commercial Provision" and replace with "Section 9.4.2 of the ASHRAE Standard 90.1".

viii. Sections N1109 (R501), Existing Buildings--General, N1110 (R502), Additions, N1111 (R503), Alterations, N1112 (R504), Repairs, and N1113 (R505), Change of Occupancy or Use, shall be deleted.

11. Chapter 12, Mechanical Administration, shall be amended as follows:

i. Section M1202, Existing mechanical systems, shall be deleted in its entirety.

12. Chapter 13, General Mechanical System Requirements, shall be amended as follows:

i. In Section M1305.1.2.1, Electrical requirements, "Chapter 39" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

ii. In Section M1305.1.3.3, Electrical requirements, "Chapter 39" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

iii. Section M1307.4, Hydrogen generating and refueling operations, shall be deleted in its entirety and the following shall be inserted:

M1307.4 Hydrogen generating and refueling operations. The installation of hydrogen fuel cell systems shall be installed in accordance with the applicable requirements of the International Fire Code, the International Building Code, the International Mechanical Code and the International Fuel Gas Code.

iv. In Section M1307.5, Electrical appliances, "and 34 through 43" shall be deleted and "and the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted at the end of the sentence.

v. Section M1307.6, Plumbing Connections, "Chapters 29 and 30" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted in its place.

vi. Add new Section M1307.8 as follows:

M1307.8 Safety devices and controls. Oil burners, other than oil stoves with integral tanks, shall be provided with means for manually stopping the flow of oil to the burner. Such device or devices shall be placed in a readily accessible location a minimum of 10 feet from the burner. For electrically driven equipment, an identified switch in the burner supply circuit shall be provided at the entrance to the room or area where the appliance is located or, for equipment located in basements, the switch is required to be located at the top of stairs leading to the basement. An identifiable valve in the oil supply line, operable from a location a minimum of 10 feet from the burner, shall be used for other than electrically driven or controlled equipment.

13. Chapter 14, Heating and Cooling Equipment, shall be amended as follows:

i. Section M1401.3, Equipment and appliance sizing, "When provided" shall be inserted at the beginning of the sentence.

ii. In Section M1405.1, General, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

iii. In Section M1406.1, General, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

iv. In Section M1406.2, Clearances, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

v. In Section M1407.1, General, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

vi. In Section M1411.3, Condensate disposal, in the first sentence, "in accordance with the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted after "disposal."

vii. Section M1411.3.2, Drain pipe materials and sizes, shall be deleted in its entirety.

viii. In Section M1413.1, General, "Section P2902" shall be deleted in item #4 and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

14. Chapter 18, Chimney and Vents, shall be amended as follows:

i. In Section M1801.3.2, Flue passageways, in the first sentence, "free of obstructions and combustible deposits" shall be deleted and "inspected in accordance with the chimney verification program as provided for in N.J.A.C. 5:23-2.20(d)" shall be inserted.

15. Chapter 20, Boilers/Water Heaters, shall be amended as follows:

i. In Sections M2004.1, General, and M2005.1, General, "Chapter 28" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

ii. In Section M2005.3, Electric water heaters, "Chapters 34 through 43" shall be deleted and "the electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

16. Chapter 21, Hydronic Piping, shall be amended as follows:

i. In Section M2101.2, System drain down, "Chapters 25 through 32 of this code" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

ii. In Sections M2101.3, Protection of potable water, M2101.25, Protection of potable water, and M2105.18, Protection of potable water, "Section P2902" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

iii. In Sections M2101.16 and M2105.9, both entitled CPVC plastic pipe, "Section P2906.9.1.2" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted. In addition, in Sections M2101.21 and M2105.14, both entitled PVC plastic pipe, "Section P2906.9.1.4" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

iv. In Section M2103.3, Piping joints, in Item #2, "Section P3003.6.1" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

v. In Sections M2101.26, Pipe penetrations, and M2105.19, Pipe penetrations, "Section P2606.1" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

17. Chapter 22, Special Piping and Storage Systems shall be amended as follows:

i. In Section M2201.2, Above-ground tanks, in the first sentence and in the exception, "above ground or" shall be deleted and "residential" shall be inserted before "building."

18. Chapter 23, Solar Thermal Systems, shall be amended as follows:

i. In Section M2301.4, Heat transfer gasses or liquids and heat exchangers, "Section P2902.5.2" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

ii. In Sections M2301.5, Backflow protection, and M2301.7, Solar thermal systems for heating potable water, "Section P2902.5.5" shall be deleted and "the plumbing subcode (N.J.A.C. 5:233.15)" shall be inserted.

iii. In Section M2301.7.1, Indirect systems, "Section P2902.5.2" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

iv. In Section M2301.7.2, Direct systems, "Chapter 29" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

19. Chapter 24, Fuel Gas, shall be amended as follows:

i. In Section G2402.3, Terms defined in other codes, "International Building Code, International Fire Code, and International Plumbing Code" shall be deleted and "electrical, building, fire protection, and plumbing subcodes" shall be inserted.

ii. Section G2403, entitled "General Definitions" shall be amended as follows:

(1) The definitions of "approved," "approved agency," "code," "code official" and "dwelling unit" shall be deleted.

iii. In Section G2404.3, Listed and labeled, in the first sentence, "Section R104.11" shall be deleted and "N.J.A.C. 5:23-3.7" shall be inserted. In addition, the last sentence shall be deleted.

iv. Section G2404.5, Repair, shall be deleted in its entirety.

v. In Section G2408.1, General, the second paragraph shall be deleted in its entirety.

vi. In Section G2410.2, Connections, "Chapters 34 through 43" shall be deleted and "the Electrical subcode (N.J.A.C. 5:23-3.16)" shall be inserted.

vii. Section G2412.2, Liquefied petroleum gas storage, shall be amended to add the following: "Notwithstanding the provisions contained in NFPA 58, the installation of LP-Gas containers on roofs of buildings shall be strictly prohibited."

viii. Section G2412.3, Modifications to existing system, shall be deleted in its entirety.

ix. Add new Section G2412.11 as follows:

"G2412. 11 (401.9) Protection from vehicle impact. Gas meters, related regulators and piping that are installed indoors or outdoors and are subject to vehicle impact shall be protected by barriers meeting the requirements of Section 312 of the International Fire Code. For the purpose of applying this provision, "subject to vehicle impact" shall mean located within three feet of any garage door opening, driveway or designated parking area and not separated by a building wall from the space where a vehicle may be operated.

Exception: If verification of the installation of an excess flow valve is provided by the gas utility, vehicle impact barriers shall not be required."

x. In Section G2413.7.1, Operation below -5°F (21°C), insert the following at the beginning of the section: "The operating pressure for undiluted LP-gas systems shall not exceed 20 psig (140 kPa gauge)."

xi. In Section G2425.15.2, Flue passageways, in the first sentence, "free of obstructions and combustible deposits" shall be deleted and "inspected in accordance with the chimney verification program as provided for in N.J.A.C. 5:23-2.20(d)" shall be inserted.

xii. In Section G2427.5.5, Inspection of chimneys, "examined to ascertain that it is clear and free of obstructions" shall be deleted and "inspected in accordance with the chimney verification program as provided for in N.J.A.C. 5:23-2.20(d)" shall be inserted.

xiii. In Section G2448.1.1, Installation requirements, "this code" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

xiv. In Section G2448.2, Water heaters utilized for space heating, "this code" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

20. Chapters 25 through 28 shall be deleted in their entirety and "Plumbing requirements under the scope of this subcode shall be regulated by the plumbing subcode, N.J.A.C. 5:23-3.15" shall be inserted.

21. Chapter 29, Water Supply and Distribution, shall be deleted except P2904, Dwelling unit fire sprinkler systems. The deleted sections shall have "Plumbing requirements under the scope of this subcode shall be regulated by the plumbing subcode, N.J.A.C. 5:23-3.15." inserted.

i. Section P2904 shall be amended as follows:

(1) In Section P2904.1, General, the last sentence shall be deleted and "A backflow flow preventer shall be required to separate a stand-alone sprinkler system from the water distribution system in accordance with the plumbing subcode (N.J.A.C. 5:23-3.15)." shall be inserted.

(2) In Section P2904.2.3, Freezing areas, "Section P2603.5" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

(3) In Section P2904.8.1, Preconcealment Inspection, item 8, "Section P2503.7" shall be deleted and "the plumbing subcode (N.J.A.C. 5:23-3.15)" shall be inserted.

22. Chapters 30 through 33 shall be deleted in their entirety and "Plumbing requirements under the scope of this subcode shall be regulated by the plumbing subcode, N.J.A.C. 5:23-3.15." shall be inserted.

23. Chapters 34 through 43 shall be deleted in their entirety and "Electrical requirements under the scope of this subcode shall be regulated by the electrical subcode, N.J.A.C. 5:23-3.16." shall be inserted.

24. The Appendices shall be amended as follows:

i. Appendix AA, Sizing and Capacities of Gas Piping; Appendix AB, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use with Type B Vents; and Appendix AC, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems are informative and are not part of the one- and two-family dwelling subcode.

ii. Appendix AD, Recommended Procedure for Safety Inspection of an Existing Appliance Installation; Appendix AE, Manufactured Housing Used as Dwellings; Appendix AF, Radon Control Methods; and Appendix AG, Piping Standards for Various Applications, are deleted in their entirety.

iii. Appendix AH, Patio Covers, and Appendix AK, Sound Transmission, shall be adopted as part of this subcode.

iv. Appendix AI, Private Sewage Disposal; Appendix AJ, Existing Buildings and Structures; Appendix AL, Permit Fees; Appendix AM, Home Day Care--R-3 Occupancy; Appendix AN, Venting Methods; Appendix AO, Automatic Vehicular Gates; and Appendix AP, Sizing of Water Piping Systems, shall be deleted.

v. Appendix AQ, Tiny Houses; Appendix AR, Light Straw-Clay Construction; and Appendix AS, Strawbale Construction, shall be adopted as part of this subcode.

vi. Appendix AT, Solar-Ready Provisions--Detached One- And Two-Family Dwellings, Multiple Single-Family Dwellings (Townhouses), shall be optional at the discretion of the permit applicant.

vii. Appendix AV, Board of Appeals, shall be deleted in its entirety.

viii. Appendix AW, 3D-Printed Building Construction, shall be adopted as part of this subcode. The Appendix shall be amended as follows:

(1) In Section AW103.2, Design approval, in the last line, "Section R104.11" shall be deleted, and "the administrative provisions of the Uniform Construction Code (N.J.A.C. 5:23)" shall be inserted in its place.

N.J. Admin. Code § 5:23-3.21

Amended by 46 N.J.R. 2186(a), effective 10/1/2014.

Amended by 47 N.J.R. 989(b), effective 5/18/2015.

Amended by 47 N.J.R. 2352(b), effective 9/21/2015

Administrative Change, 47 N.J.R. 2753(a).

Amended by 51 N.J.R. 1269(a), effective 8/5/2019

Amended by 51 N.J.R. 1399(a), effective 9/3/2019

Amended by 53 N.J.R. 53(a), effective 1/4/2020

Amended by 54 N.J.R. 263(a) effective 2/7/2022

Administrative Change, 54 N.J.R. 1551(a), effective 7/6/2022

Amended by 54 N.J.R. 1707(a), effective 9/6/2022

Administrative Change, 55 N.J.R. 2322(b), effective 10/25/2023

Administrative Change, 56 N.J.R. 35(b)), effective 12/6/2023

Administrative Change, 56 N.J.R. 1708(a), effective 7/23/2024