N.J. Admin. Code § 5:70-4.3

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

Section 5:70-4.3 - Relationship to Uniform Construction Code

(a) A building in full compliance with the subcodes adopted pursuant to the Uniform Construction Code Act and regulations in force at the time of its construction and possessing a valid certificate of occupancy shall not be required to conform to the more restrictive requirements established by this subchapter, except as may be required by (a)4 through 9 below.

1. Exception to (a) above: A building or portion thereof of Use Group A-2 nightclub shall be required to conform to the more restrictive requirements established by this subchapter unless the building is in full compliance with the Building Officials and Code Administrators National Building Code, 1990 edition or a later edition of the building subcode of the Uniform Construction Code, and possesses a valid certificate of occupancy.

2. A variation issued in writing pursuant to the Uniform Construction in connection with the construction of a building shall remain in force and effect provided that all of the conditions of the variation continue to be met and shall not be reversed or modified for purposes of establishing compliance with this subchapter.

3. In accordance with 5:23-6.2, certificates of occupancy for projects in compliance with the requirements of the Rehabilitation Subcode of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-6) are specific to the work undertaken and shall not obviate the need for a building to be brought into compliance with this subchapter.

i. In accordance with 5:23-6.2(g)3 i, a variation issued in writing pursuant to the Uniform Construction Code in connection with a rehabilitation project shall remain in force and effect, provided that all of the conditions of the variation continue to be met, and shall be accepted for purposes of establishing compliance with this subchapter for the portion of the building to which the variation applies.

ii. In accordance with 5:23-6.2(i), for variation requests involving provisions of this subchapter which have been incorporated into the Rehabilitation Subcode, the construction official is required to consult with the fire official. If the fire official is also licensed as a fire protection subcode official under the Uniform Construction Code, then the approval of the fire official shall be required on such variation requests.

4. The requirements of 5:70-4.19 shall apply to all one- and two-family or attached single family structures other than newly constructed buildings at the time of initial occupancy, regardless of their state of compliance with the Uniform Construction Code or any other code.

5. The requirements of 5:70-4.7(j) shall apply to all dormitory buildings, as defined in this Code, unless the provisions of (b) below are applicable.

6. The requirements of 5:70-4.7(c) shall apply to all nursing homes, as defined in this Code, unless the provisions of (b) below are applicable.

7. The requirements of 5:70-4.20 shall apply to all casino hotel buildings, unless the provisions of (b) below are applicable.

8. The requirements for carbon monoxide detection at N.J.A.C. 5:70-4.9(d) shall apply to all Use Groups, other than newly-constructed buildings at the time of initial occupancy, regardless of their state of compliance with the Uniform Construction Code.

9. Any commercial cooking operations producing grease-laden vapors shall be required to conform to the more restrictive requirements established by this subchapter, unless the commercial cooking operation is in full compliance with the Building Officials and Code Administrators National Mechanical Code, 1984 edition or a later edition of the mechanical subcode of the Uniform Construction Code, and possesses a valid certificate of occupancy or certificate of approval for newly-installed cooking operations.

(b) A building in full compliance with the current fire safety requirements of the Uniform Construction Code, as determined by the construction official with the concurrence of the fire subcode official and in consultation with the fire official, shall not be required to conform to more restrictive requirements established by this subchapter.

1. A determination as to whether a Uniform Construction Code requirement involves fire safety shall, in a disputed case, be determined by the Division of Codes and Standards after consultation with the Division of Fire Safety, the construction official and the fire official and, if necessary, with the concurrence of the Assistant Commissioner, Department of Community Affairs, responsible for overseeing the Divisions of Fire Safety and Codes and Standards.

2. For purposes of this subsection, "current fire safety requirements" means requirements set forth in the New Jersey Uniform Construction Code in effect at the time of adoption of the requirement as part of this subchapter.

N.J. Admin. Code § 5:70-4.3

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

Amended by 50 N.J.R. 729(a), effective 2/5/2018