New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 23 - UNIFORM CONSTRUCTION CODE
Subchapter 2 - ADMINISTRATION AND ENFORCEMENT; PROCESS
Section 5:23-2.6 - Change of use
Universal Citation: NJ Admin Code 5:23-2.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Continuation of existing use: The legal use of any structure existing on the effective date of the regulations may be continued without change, except as may be specifically provided in these regulations or in any property or fire safety maintenance code, or minimum housing standard or regulation, adopted pursuant to law.
1. A certificate of continued occupancy shall
be granted upon request, subject to this subchapter.
(b) Change of use: It shall be unlawful to change the use of any structure or portion thereof without the prior application for and issuance of a certificate of occupancy as provided below.
1. A certificate of occupancy shall be
issued, provided such structure shall comply with the provisions of N.J.A.C.
5:23-6, Rehabilitation Subcode. After a change of use has been made to a
building or structure, the reestablishment of a prior use is prohibited, unless
the building complies with the provisions of N.J.A.C. 5:23-6, Rehabilitation
Subcode, for the prior use.
i. Buildings
meeting the requirements of
5:23-6.31(p)
shall be entitled to a certificate of occupancy for Group R-1. The certificate
of occupancy shall be subject to the condition that it shall be valid for a bed
and breakfast use only.
2. If any non-residential occupancy, other
than Use Groups F, H, or S, accommodates seven or more non-consecutive group
overnight stays within a calendar year for persons over 21/2 years of age, and
the activities involve planned periods of sleep, the building is considered to
have undergone a change of use. In such a case, it shall be necessary to apply
for and be issued a Certificate of Occupancy. This shall be a dual Certificate
of Occupancy to allow Use Group R-1 in addition to the existing use of the
building. Any facility that accommodates six or fewer overnight stays within a
calendar year shall obtain a permit under the Uniform Fire Code, N.J.A.C. 5:70.
Group overnight stays in Use Groups F, H, and S shall be prohibited.
3. The use of an existing structure as a
"special amusement building," as defined in the building subcode, shall be a
change in the character of use of the existing building. The building or
portion thereof shall be required to comply with
5:23-6.31(a)5
vii.
i. Exception: The use of an existing
structure or portion thereof as a special amusement building for not more than
15 days in a calendar year provided that a permit for such use has been issued
by the local fire official pursuant to the Uniform Fire Safety Act,
52:27D-192 et seq.
4. If any room or space incidental
to a religious occupancy is being used as a hospitality room, accommodates 15
persons for emergency shelter, for 15 consecutive days or 50 days in a calendar
year, and the activities involve planned periods of sleep, the building is
considered to have undergone a change of use. In such a case, it shall be
necessary to apply for and be issued a Certificate of Occupancy. This shall be
a dual Certificate of Occupancy to allow Use Group R-1, in addition to the
existing use of the building. Any religious facility that accommodates fewer
stays within a calendar year shall obtain a permit under the Uniform Fire Code,
N.J.A.C. 5:70. Hospitality rooms in occupancies other than a religious
occupancy shall be prohibited.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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