N.J. Admin. Code § 5:23-6.1

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

Section 5:23-6.1 - Introduction; using this subcode

(a) This section is a guide to the use of the rehabilitation subcode. It should not be interpreted as containing substantive requirements and it is not intended to be cited for enforcement purposes.

1. The provisions of the other subcodes of the Uniform Construction Code do not apply to work in existing buildings, changing the use of an existing building or work in an existing building related to an addition unless the provisions of this subcode specifically reference them and make them applicable.

2. Traditionally, the New Jersey Uniform Construction Code has made the requirements that are applicable to new buildings also apply to buildings whose use is changed; applicable to buildings undergoing rehabilitation with the extent of the requirements depending on the amount of money being spent on the building; and to some extent applicable to existing buildings that have an addition constructed. Buildings whose use was changed and buildings receiving rehabilitation costing more than 50 percent of the replacement cost of the building were required to comply with all the provisions of the Uniform Construction Code for new buildings.

3. This subcode takes a new approach. The requirements that apply to a project are based upon the type of work being done rather than on the extent of the work. There is only one exception to this rule. In the case of reconstruction work, as the term reconstruction is defined in this subcode, there are some requirements which must be met when the project is a large one in floor area.

4. In this subcode, work is classified into six categories. Each category has a separate section which describes the requirements for that category of work. The categories are repair, renovation, alteration, reconstruction, change of use and additions. These terms are defined in 5:23-6.3. The definitions are critical to understand the distinctions between these six categories of work. Where a project contains more than one category of work, each applicable category must be consulted for the requirements for that category of work.

(b) Repair Work: The requirements that apply to repair work are in N.J.A.C. 5:23-6.4. The requirements for repairs are brief due to the limited nature of the work. There is a short list of materials that may not be used for repair work due to their inherently hazardous nature and another list of materials that must be used in connection with repair work where applicable. These lists should be used when planning the repair components of any project.

1. This subcode does not establish when a permit is required for a project. Those requirements are in N.J.A.C. 5:23-2. Although it is generally true that repair work undertaken by itself does not require a construction permit, it is important to understand that any repair work undertaken in connection with a project that involves other categories of work is required to meet only the provisions for the repair category established by this subcode. There is no limit to the amount of repair work which may be undertaken. The decision to renovate rather than repair is made only by the owner.

2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling units of Group R-2 that undergo a repair.

3. The installation of carbon monoxide detection equipment is required in buildings containing a fuel burning appliance or having an attached garage.

(c) Renovation Work: The requirements that apply to renovation work are in N.J.A.C. 5:23-6.5. Renovation is defined in N.J.A.C. 5:23-6.3.

1. There are short lists of materials that may not be used and materials or practices which must be used, where applicable, when renovation work is undertaken. These lists should be used when planning a project which involves renovation work.

2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling units of Group R-2, which undergoes a renovation.

3. The installation of carbon monoxide detection equipment is required in buildings containing a fuel burning appliance or having an attached garage.

4. Renovation work must comply with 5:23-6.8, Materials and methods. All materials used for the renovation work must meet the standards for those materials established by 5:23-6.8 and methods of installation must comply with that section. 5:23-6.8, Materials and methods, references and makes applicable to renovation work certain specified subsections of the other subcodes of the Uniform Construction Code. Only those subsections specifically referenced in 5:23-6.8 apply to renovation work. All materials and methods used in renovation work must comply with the requirements of that section.

5. This subcode never requires renovation. Any existing work may be repaired. The requirements for renovation apply only where the owner decides to renovate.

(d) teration Work: The requirements that apply to alteration work are in N.J.A.C. 5:23-6.6. Alteration is defined in N.J.A.C. 5:23-6.3.

1.5:23-6.6, Alteration work, contains short lists of materials that may not be used and materials or practices which must be used, where applicable, when alteration work is undertaken. These lists should be used when planning a project which includes alteration work.

2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling units of Group R-2, which undergoes an alteration.

3. The installation of carbon monoxide detection equipment* is required in buildings containing a fuel burning appliance or having an attached garage.

4. Alteration work must also comply with materials and methods that are set forth in 5:23-6.8.

5. In alteration work, the configuration of the building is changed in some manner. The definition of "alteration" in 5:23-6.3 provides the information needed to fully understand this term. Because improper alteration work could create a safety hazard in the building, this subcode contains specific requirements which define these hazards. These are the basic requirements of the subcode which can be found in 5:23-6.10 through 6.30.

6. The subcode includes basic requirements, listed by group, with the exception of egress capacity, interior finish requirements, commercial cooking operations, and windowless stories which apply to all groups. Reference should be made to the list of basic requirements applicable to the particular group in which the building being altered falls. Care should be taken to ensure that the alteration will not create a non-conformity with any of the basic requirements which did not exist before the alteration was undertaken.

7. Certain alterations create what are defined to be new building elements. There is a specific listing of those items which are to be treated as newly-created building elements which can be found in 5:23-6.9. The elements on that list are required to conform to certain specific sections of the other subcodes of the Uniform Construction Code. The sections with which each newly-constructed element must comply are listed in 5:23-6.9. Any alteration which creates one of the elements listed in that section must comply with the specific requirements listed in 5:23-6.9.

8. Improvements to the accessibility of buildings may be required when alteration work is undertaken. Those requirements are specified in 5:23-6.6(e) and (k).

(e) Reconstruction Work: The requirements that apply to reconstruction work are in 5:23-6.7. Reconstruction is defined in 5:23-6.3. Unlike repair, renovation, and alteration, reconstruction is not a kind of work. A reconstruction may, as the definition of the term makes clear, include a combination of repair, renovation, and alteration work. It is the extent and nature of the work which makes a project a reconstruction. There are no quantitative criteria which determine whether a project is a reconstruction. A project becomes a reconstruction when the area where the project is taking place cannot be occupied while the work is in progress and when a new certificate of occupancy is required before the area can be re-occupied. Both criteria must be met.

1. This subcode requires that a reconstruction project have a delineated work area. This area is established by the permit applicant. The term "work area" is defined in 5:23-6.3. A reconstruction project must always involve an entire use, primary function space, or tenancy as those three terms are defined in 5:23-6.3. Projects which do not involve an entire use, primary function space, or tenancy are not reconstruction projects.

2. Although a reconstruction project is comprised of repair, renovation and alteration work, all of the requirements that apply are found in 5:23-6.7. For ease of use, this section has been written to include all of the requirements applicable to reconstruction. The entire work area must conform to the basic requirements in 5:23-6.10 through 6.30. These sections must be carefully reviewed when a reconstruction project is being planned.

3. The basic requirements are organized by individual groups in 5:23-6.12 through 6.28. Only the sections relevant to the building's group must be consulted. Where a project involves mixed uses, then the special provisions of 5:23-6.29 should also be consulted. Basic requirements that apply to all groups are in 5:23-6.11 and 6.30. Therefore, 5:23-6.11, 6.30, and the specific group section between 6.12 and 6.28 must be consulted for the basic requirements which apply to a project.

4. In addition to meeting the basic requirements, certain reconstruction projects must meet the supplemental requirements found in 5:23-6.10 through 6.30. There is a specific section for each group as is the case with the basic requirements. Supplemental requirements that apply to all groups are in 5:23-6.11A and 6.30. The supplemental requirements apply only when the work area for a reconstruction project exceeds a certain size. Each supplemental requirement has its own threshold of applicability.

5. The owner of a building in which a reconstruction project is planned must review the supplemental requirements applicable to the use of the project to determine if any of those requirements applies to the project. In addition to the specific group section between 5:23-6.12A and 6.28A, 5:23-6.11A and 6.30 should be consulted for the supplemental requirements that apply to a project.

(f) Applying the Subcode to a Project: The requirements of this subcode applicable to a project can be found as follows:

1. Separate the project into its component parts of repair, renovation, and alteration;

2. Where a portion of the work is repair, consult the repair section of this subcode (5:23-6.4) to ensure that prohibited materials are not being used and that any applicable required materials or practices are being used;

3. Where a portion of the work is renovation:

i. Consult the renovation sections of this subcode (5:23-6.5);

ii. Ensure that the renovation work does not use any prohibited materials and that any applicable required materials or practices are being used; and

iii. Ensure that renovation materials and the methods of their installation conform to the Materials and Methods section of this subcode (5:23-6.8) .

4. Where a portion of the work is alteration work:

i. Consult the alteration section of this subcode (5:23-6.6);

ii. Ensure that the alteration work does not use any prohibited materials and that any applicable required materials or practices are being used;

iii. Ensure that any materials and methods used for the alterations conform to the requirements of the materials and methods section of this subcode (5:23-6.8);

iv. Ensure that alteration which creates a new building element listed in 5:23-6.9 conforms to the requirements for new building elements that are specified in 5:23-6.9; and

v. Ensure that none of the alteration work creates a new condition which would create a violation of any of the basic requirements applicable to the groups that are specified in 5:23-6.10 through 6.30.

5. Determine whether the project is a reconstruction project according to the definitions in 5:23-6.3. When the project is a reconstruction project:

i. Establish the work area of the project and show it on the plans and/or permit application;

ii. Ensure that the requirements applicable to the repair, renovation, and alteration portions of the project are followed;

iii. Ensure that the basic requirements for the particular uses that are specified in the relevant section of this subcode between 5:23-6.11 and 6.28 are followed. Where the project work area includes more than one group, then 5:23-6.29 should be consulted; and

iv. Review the size of the work area against the relevant provisions of the supplemental requirements in 5:23-6.11A through 6.28A. Where compliance with a supplemental requirement is necessary, then ensure that the plans and/or the permit application reflect compliance with the required section. Some supplemental requirements will require work outside the work area.

(g) Changes of Use: The Uniform Construction Code divides all buildings into categories called uses. The Rehabilitation Subcode uses these same classifications.

1. The different uses represent different hazards and different needs. Specific requirements apply to each use. Each of the other technical subcodes of the Uniform Construction Code: Building, Fire, Plumbing, Electrical, Mechanical, Fuel Gas, Energy, and One- and Two-Family Dwelling, defines these uses, each for its own purpose. Traditionally, the Uniform Construction Code required any building or portion of a building where the use was changed to conform to the requirements of the code for a new building of that use. This subcode takes a different approach.

2. A change of use in a building often, but not always, involves some construction work. Changes of use, in which the owner does not need any construction work to effect the new use, do happen. The different uses defined by the code reflect different levels of hazard and different safety requirements. Depending upon the specific change, a new use may not affect the hazard; it could pose a lesser hazard; or it might pose a greater hazard or necessitate additional safety measures.

3. This subcode allows changes of use where the new use is similar to or less demanding in terms of hazard or safety requirements than the present use. No modifications to the building are required by this subcode where such a change of use is planned.

4. This subcode uses the concept of hazard indexes in order to specify the requirements for a change of use. Separate hazard indexes are established for different aspects of building, health, and safety:

i. Basic Requirements: Changes of use specified in 5:23-6.31(b) must comply with the basic requirements set forth in 5:23-6.10 through 6.30 before the building can be occupied for the new use.

ii. Means of Egress: Certain changes of use specified in 5:23-6.31(c) must comply with additional requirements for egress which are set forth in 5:23-6.31(c) before the building can be occupied for the new use.

iii. Vertical Openings: Stairways and other vertical openings located in a building or portion of a building where there is a change of use are required to meet certain enclosure requirements for the new use which are specified in 5:23-6.12 through 6.28. These requirements must be met before the building may be occupied for the new use.

iv. Height and Area Limits: Changes of use are not allowed if the building will exceed the height and area limits specified in 5:23-6.31(e) for its type of construction. The types of construction are defined in 5:23-3.14, the Building Subcode.

v. Exterior Walls: Changes of use as specified in 5:23-6.31(f) of this subcode must have the fire resistance of exterior walls and any openings therein improved as specified in 5:23-6.31(f) before the building can be occupied for the new use.

vi. Automatic Sprinkler System: Changes of use as specified in 5:23-6.31(g) must have an automatic sprinkler system installed in accordance with the requirements of 5:23-6.31(g) before the building can be occupied for the new use.

vii. Fire Alarms and Fire Detection Systems: Changes of use as specified in 5:23-6.31(h) and (i) must have fire alarms or fire detection installed in accordance with the requirements of 5:23-6.31(h) and (i) before the building can be occupied for the new use.

viii. Structural, Plumbing, Electrical, and Mechanical: Some changes of use may necessitate changes to the structural, plumbing, electrical, or mechanical systems of a building. These requirements are set forth in 5:23-6.31(k), (l), (m) and (n) of this subcode. Only those requirements necessitated by the change and needed for health or safety in the new use as specified must be met.

ix. Accessibility Requirements: Changes of use must conform to the accessibility requirements specified in 5:23-6.31 (o) before the building can be occupied for the new use.

5. Where the owner of a building undergoing a change of use decides to undertake work not required by 5:23-6.31, then that work must comply with the requirements for repair, renovation, alteration, and reconstruction, as the case may be, which are established by 5:23-6.4, 6.5, 6.6 and 6.7.

6. Where the use of a building or portion of a building is changed, a new certificate of occupancy is required for the new use by the provisions of N.J.A.C. 5:23-2. This does not mean that all changes of use are required to meet the requirements for reconstruction. Only a project which meets the definition of reconstruction set forth in 5:23-6.3 need comply with the provisions of 5:23-6.7, Reconstruction.

(h) Additions: Additions are required to comply with the provision of the other technical subcodes of the Uniform Construction Code. Work in the existing building which is related to the addition must conform with the requirements of 5:23-6.32. Additionally, such work undertaken in the existing building must comply with the requirements for repair, renovation, alteration, and reconstruction as set forth in 5:23-6.4, 6.5, 6.6 and 6.7.

(i) Historical Buildings: 5:23-6.33 defines those buildings which are to be treated as historic and sets forth certain special requirements applicable to historic buildings which modify the provisions of this subcode when a building is historic. 5:23-6.33 should be reviewed to determine if a building is to be treated as historic under this subcode and for the special provisions applicable to the various types of historical buildings.

N.J. Admin. Code § 5:23-6.1

Amended by 49 N.J.R. 1020(a), effective 5/1/2017

Amended by 49 N.J.R. 1381(b), effective 6/5/2017