New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 23 - UNIFORM CONSTRUCTION CODE
Subchapter 3 - SUBCODES
Section 5:23-3.2 - Matters covered; exceptions
Universal Citation: NJ Admin Code 5:23-3.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Except as is otherwise provided in (b), (c) and (d) below, the provisions of this subchapter shall apply uniformly throughout the State. Any standards other than those provided herein are void and of no effect.
(b) Rules concerning exceptions in health care facilities are as follows:
1.
Construction or rehabilitation of health care facilities shall be in accordance
with this code and with the "Guidelines for Design and Construction of Health
Care Facilities" (Facilities Guidelines Institute), current edition. All health
care facilities shall comply with National Fire Protection Association (NFPA)
101, the Life Safety Code, as referenced in the rules promulgated by the
Centers for Medicare and Medicaid Services. In the event of any conflict, the
more restrictive code provision shall govern.
2. The Department of Health may adopt
licensing standards for the physical plant and environment of health care
facilities that supplement this code and the "Guidelines for Design and
Construction of Health Care Facilities," although these standards may not be in
conflict with these codes.
3. The
publication "Guidelines for Design and Construction of Health Care Facilities"
is available from the American Society for Healthcare Engineering (ASHE) of the
American Hospital Association, 155 Wacker Dr., Chicago, IL 60606 and can be
ordered through the Facilities Guidelines Institute at
www.fgiguidelines.org.
(c) Individual on-site water supply and sewage disposal systems shall be in accordance with N.J.S.A. 58:11-23 et seq., and N.J.A.C. 7:10-3.1 et seq. and N.J.A.C. 7:9-2.1 et seq.
(d) Rules concerning commercial farm buildings are as follows:
1. A
commercial farm building means any building located on a commercial farm which
produces not less than $ 2,500 worth of agricultural or horticultural products
annually which building's main use or intended use is related to the production
of agricultural or horticultural products produced on that farm.
2. Buildings constructed in accordance with
the provisions of this section and meeting the requirements of (d)1 above shall
be classified as commercial farm buildings. For those provisions not covered by
this section, commercial farm buildings shall comply with the construction code
provisions applicable to Group S-2. Commercial farm buildings shall include,
but not be limited to, the following: stall barns, milking parlors, poultry
houses, horse arenas, packing houses for agricultural or horticultural
commodities, farrowing houses, greenhouses, and buildings used for the storage
of agricultural or horticultural products, farm machinery and farm equipment,
or farm materials and supplies that are produced or used on the farm.
3. Pre-engineered grain bins, manure handling
equipment and impoundments used on a farm for the storage of agricultural
commodities or by-products which are produced by or used on the farm shall not
require a construction permit. However, all on-site construction work such as
foundations and plumbing and electrical connections shall be subject to all
requirements and inspections of any applicable subcode(s).
4. A temporary greenhouse, also called a
"hoophouse" or "polyhouse," used exclusively for the production and storage of
live plants, shall be exempt from the permit requirements of the Uniform
Construction Code if it meets all the criteria of (d)4i through iii below:
i. There is no permanent anchoring system or
foundation;
ii. There is no
storage, temporary or otherwise, of solvents, fertilizers, gases, or other
chemical or flammable materials;
iii. The structure is no wider than 31 feet
and there is an unobstructed path of no greater length than 150 feet from any
point to a door or fully accessible wall area, the covering of which is a
material no greater than six mils (152.4 micrometers) in thickness that yields
approximately four pounds of maximum impact resistance to provide egress
through the wall; and
iv. If a
temporary greenhouse contains any device subject to the electrical subcode or
any mechanical equipment subject to the mechanical subcode, a permit shall be
required for the device, system or fixture only. If the temporary greenhouse is
connected to a potable water system, a permit shall be required for the
backflow prevention devices only.
5. A three-sided turn-out shed used to
shelter livestock shall be exempt from the permit requirements of the Uniform
Construction Code provided there is no permanent foundation or floor and
provided the structure is 250 square feet or less in area and 14 feet or less
in height and has no utility (water, gas, oil, sewer or electric) connections.
i. The structure shall be of sufficient
weight to remain in place or shall be anchored to the ground. Concrete shall
not be required for anchoring.
6. Garden-type utility sheds and similar
structures shall be exempt from the permit requirements of the Uniform
Construction Code provided the structure is 200 square feet or less in area, 10
feet or less in height, has no utility (water, gas, oil, sewer or electric)
connections and the shed is dimensionally stable without the foundation system.
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.
i. The structure shall be of
sufficient weight to remain in place or shall be anchored to the ground.
Concrete shall not be required for anchoring.
7. The type and amount of materials or
supplies stored in a commercial farm building, including hay, straw, and
livestock bedding materials, shall not be subject to limitation. However, other
hazardous materials within spaces of commercial farm buildings occupied by more
than 10 persons shall not exceed the allowable exempt amounts shown in Tables
307.1(1) and 307.1(2) of the building subcode unless separated from the
occupied area by appropriate fire resistance rated construction as prescribed
in the building subcode.
8. A
commercial farm building may be used as a place of public assembly for not more
than 15 days in a calendar year. For the purposes of enforcing this
requirement, a public assembly shall be a gathering of 50 or more people. A
permit shall be obtained from the local fire official pursuant to the Uniform
Fire Safety Act,
N.J.S.A.
52:27D-192 et seq., and the fee for issuing
the permit shall not exceed $ 75.00 per event.
i. A commercial farm building that is used as
a place of public assembly for not more than 15 days in a calendar year and
that is provided with electricity shall comply with Section 1008 of the
building subcode.
ii. The use of a
commercial farm building as a "special amusement building," as defined in the
building subcode, shall be permitted only if a permit specific to special
amusement buildings is issued by the local fire official pursuant to the
Uniform Fire Safety Act,
N.J.S.A.
52:27D-192 et seq. or if the building or
portion thereof complies with
N.J.A.C.
5:23-6.31(a)5 vii.
9. Buildings containing any of the
following uses are not included in the definition of a commercial farm
building:
i. Residential
structures;
ii. High hazard
facilities, such as grain elevators or grain storage silos used to store
products which are neither used nor produced on the farm itself;
iii. Processing facilities that include
specialized machinery to perform functions other than the washing, cleaning,
hydrocooling, vacuum cooling, grading, sizing and packing of agricultural or
horticultural products, unless the exempted functions are only the first step
in a sequence of processing to be performed on the farm;
iv. Mercantile structures, such as farm
retail markets or nursery greenhouse retail sales areas;
v. Offices with either 11 or more occupants,
or floor area of greater than 1,200 square feet; and
vi. Buildings that contain any use not
included in the definition of commercial farm building, except incidental
offices as provided in (d)12vii below.
10. A commercial farm building may include a
use that does not meet the definition of a "commercial farm building," provided
that the space that does not meet the commercial farm building definition is
separate from the remainder of the building with the required fire separation
assemblies and meets all applicable requirements of the building
subcode.
11. Construction type,
height, and allowable area requirements for commercial farm buildings and
structures shall be as specified in the building subcode and shall not exceed
the area or height limitations at Tables 504.3, 504.4, and 506.2 for the type
of construction used, except as follows:
i.
The height and area of a one-story commercial farm building of any type of
construction shall not be limited if the building has a fire separation
distance of 50 feet. In that case, a sprinkler system shall not be
required.
ii. The height and area
of a two-story commercial farm building of any type of construction shall not
be limited if the building is provided with an approved automatic fire
suppression system throughout, conforming to the Uniform Construction Code and
has a fire separation distance of 50 feet.
iii. Two or more commercial farm buildings
excepted pursuant to (d)11i and ii above may be constructed on the same lot, or
on an owner's contiguous lots without meeting the fire separation distance of
50 feet. However, the fire separation distance specified at Table 705.5 of the
building subcode must be maintained between a commercial farm building and any
building not eligible for the commercial farm building exemption.
12. Commercial farm buildings
exempted under (d)11i above shall meet the following requirements in lieu of
those requirements specified in the subsections of Chapter 10, Means of Egress,
of the building subcode:
i. In lieu of the
requirements of Section 1017, the maximum distance of travel from any point in
the building to an exit shall not exceed 150 feet;
ii. In lieu of the requirements of Sections
1006 and 1007, one exit is required for each 15,000 square feet of floor area
and fraction thereof;
iii. In lieu
of the requirements of Section 1013, exit signs must be posted. Exit signs are
not required to be illuminated;
iv.
The provisions of Section 1008 shall apply in commercial farm buildings where
the owner has determined to provide electricity. Where electricity is provided,
any electric light provided in the commercial farm building shall be deemed to
meet the means of egress lighting requirements and a back up power source shall
not be required unless the commercial farm building will be used as a place of
public assembly in accordance with (d)8 above.
v. In lieu of the requirements of Section
1004, occupancy is limited to 30 people;
vi. Fire extinguishers and "no smoking" signs
shall be provided;
vii. Offices
with 10 or fewer occupants and a floor area not in excess of 1,200 square feet
shall be considered incidental to the structure, if direct exit to the exterior
is provided. 13. Site plans signed and sealed by a registered architect or a
licensed engineer, pursuant to
N.J.A.C.
5:23-2.15(f)1 ix, shall not
be required, provided that a sketch plan of the site is submitted to the
construction official.
14. A commercial farm building shall meet the
fixture requirements of the plumbing subcode, except as follows:
i. A building within 500 feet of a structure
with a restroom facility available for use shall not be required to have
plumbing fixtures; or
ii. A
building operated on a seasonal basis, in use for no longer than six months
within a 12-month period, may be served by a portable restroom.
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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