Current through Register Vol. 56, No. 18, September 16, 2024
(a) Action on
application: The construction official or the appropriate subcode official in
the case of construction involving only one trade or subcode, shall examine or
cause to be examined all applications for permits and amendments thereto, and
approve or deny in whole or in part the application, within 20 business days.
If the application is denied in whole or in part, the enforcing agency shall
set forth the reasons therefor in writing. If an enforcing agency fails to
grant, in whole or in part, or deny an application within 20 business days,
such failure shall be deemed a denial of the application for purposes of an
appeal to the Construction Board of Appeals, unless such period of time has
been extended with the consent of the applicant. Whenever plans have been
rejected and are thereafter revised and resubmitted, the revised plans shall be
released if the deficiencies that were stated as grounds for rejection have
been corrected and code compliance has been demonstrated. In that case, a
written notice of release shall be given to the applicant not later than seven
business days after the resubmission of the revised plans. When the grounds for
rejection have not been corrected or when code compliance has not been
demonstrated, a written notice of rejection stating the grounds for rejection
shall be given to the applicant not later than seven business days after the
resubmission of the revised plans.
1.
Exception: For a building designed in conformance with the one-and two-family
dwelling subcode, where the Department or local enforcing agency has released a
prototype plan which is to be used for the work covered by the permit
application, the construction official shall act on the application within
three business days.
i. Where the prototype
release did not include the foundation detail, the construction official shall
act on the application within seven business days.
2. Exception: For a building designed in
conformance with the building subcode, where the Department or local enforcing
agency has released a plan which is to be used for the work covered by the
permit application, provided that the permit is complete, the construction
official shall act on the application within five business days.
3. Exception--Plan Release with Conditions
and Permit Issuance: In buildings of Group B, F, M, or S, for alteration or
reconstruction projects performed in accordance with N.J.A.C. 5:23-6, unless
the code official finds that the plans are so deficient that they cannot be
used as a means of determining code compliance upon inspection, the
construction official shall act on the permit application by identifying and
providing to the permit applicant a list of those conditions that require
correction for code compliance, as follows:
i.
A plan release with conditions shall mean that a list of code deficiencies
identified through plan review shall be attached to the plans with the
condition that the deficiencies so identified will have been corrected and will
be code compliant upon inspection.
ii. The plan release with conditions shall
identify any deferred submittals necessary to perform an inspection.
iii. A timeframe for the receipt by the
enforcing agency of the deferred submittals and for the correction of code
deficiencies shall be specified in the plan release with conditions. If revised
drawings are determined to be necessary, a timeframe for submitting revised
drawings shall be specified in the plan release with conditions.
iv. The plans shall be released with
conditions and the permit application shall be acted upon following the written
acceptance by the permit applicant of the conditions attached to the plan
release. When the list of conditions attached to the plan release is provided
to the permit applicant, the enforcing agency shall provide a copy of the
conditions attached to the plan release to the design professional of record.
(1) The issuance of a plan release with
conditions notwithstanding, the construction permit shall not be issued until
the conditions of all prior approvals, as defined at
5:23-1.4, have been met in
accordance with
5:23-2.15(a)5.
v. Plan release with conditions
shall not apply to a change of use or to a change in the character of use in
accordance with N.J.A.C. 5:23-6.
(b) Suspension of permit: Any permit issued
shall become invalid if the authorized work is not commenced within 12 months
after issuance of the permit, or if the authorized work is suspended or
abandoned for a period of six months after the time of commencing the
work.
(c) Previous approvals: The
rules shall not require changes in the plans, construction or designated use of
a building for which a lawful permit has been heretofore issued or otherwise
lawfully authorized, and the construction of which shall have been actively
prosecuted within six months after the operative date of the rules and
completed with dispatch. This six months provision shall also apply to
subsequent amendments.
(d)
Signature to permit: The construction official shall attach his signature to
every permit; or he may authorize a subordinate to affix such signature
thereto. By doing so he shall certify that each responsible subcode official
shall have reviewed and approved the application for permit.
(e) Released plans: The construction official
shall stamp or endorse in writing both sets of plans released, and one set of
such released plans shall be retained and the other set shall be kept at the
building site, open to inspection of the construction official or the
construction official's authorized representative at all reasonable times.
1. For plans released pursuant to (a)3 above,
the conditions shall be attached to the plans that are retained on site and the
plans that are retained by the enforcing agency and shall be available for use
in performing inspections.
(f) Revocation of permits:
1. The construction official may revoke a
permit or approval issued under the provisions of this code in the following
cases:
i. If the applicant has submitted any
false statement or misrepresentation of fact in the application or on the plans
on which the permit or approval was based; or
ii. If the project for which the permit was
obtained is not completed by the third anniversary of the date of the issuance
of the permit. If a project is not completed by such date, the permit holder
may apply to the enforcing agency for a one-year extension of time for
completion of the project. The enforcing agency shall not unreasonably withhold
approval of any such extension request. If the project is not completed within
the time allowed, the enforcing agency shall take such action under the code as
may be appropriate, including, without limitation, demolition of the structure,
in which case the legal authority of the jurisdiction shall institute
appropriate action against the owner of the property for recovery of the costs
incurred. The provisions of this subparagraph shall not apply to:
(1) Improvements to the interior of a
building in which the permit holder is currently residing, if such improvements
are not visible from outside of the property;
(2) Any building in which all exterior work
and all required site improvements have been completed; or
(3) Any project currently under the control
of a mortgagee in possession.
(g) Approval of part: The construction
official shall issue a permit for the construction of foundations or any other
part of a building or structure before the entire plans and specifications for
the whole building or structure have been submitted, provided adequate
information and detailed statements have been filed complying with all the
pertinent requirements of this code. The holder of such permit for the
foundations or other part of a building or structure shall proceed at his own
risk with the building operation and without assurance that a permit for the
entire structure will be granted.
(h) Posting of permit: A true copy of the
construction permit shall be kept on the site of operations open to inspection
during the entire time of prosecution of the work and until the completion of
the same.
(i) Notice of start: At
least 24 hours notice of start of work under a construction permit shall be
given to the construction official.
(j) Conditions of permit: The issuance of the
construction permit shall be conditioned upon the following:
1. The payment of appropriate fees;
2. That work will conform to the requirements
of the code applicable to the work for which the permit has been issued
including prior approvals and any approved amendments thereto;
3. That the permit is a license to proceed
with the work and shall not be construed as authority to violate, cancel or set
aside any of the provisions of the regulations;
4. That the owner, his agent, contractor, or
other employees will assist the enforcing agency in its inspection work, if
requested;
5. That all escrows
required to be paid by the applicant, pursuant to
N.J.A.C.
5:23-4.17(d), in connection
with work done under permits issued for development-wide violation correction,
pursuant to
N.J.A.C.
5:23-2.35(a)1, have been
paid unless there is an appeal pending. For purposes of applying this
paragraph, any escrow due from any person or entity affiliated with the
applicant by way of having any common officers, directors, or shareholders with
at least a 10 percent interest shall be deemed to be due from the applicant;
and
6. That any change in ownership
is reported through a permit update and that any required replacement
performance guarantee has been furnished.
(k) Upon request of the local health
department, the construction official shall supply copies of permits issued for
lead abatement work.
