Current through Register Vol. 56, No. 18, September 16, 2024
(a) This
subchapter, adopted pursuant to authority of the State Uniform Construction
Code Act (P.L.
1975, c.217), and entitled "Rehabilitation
Subcode," shall be known and may be cited throughout the regulations as
N.J.A.C. 5:23-6, and when referred to in subchapter 6 of this chapter, may be
cited as "this subchapter" or "this subcode." Unless otherwise specifically
provided, all references to article or section numbers, or to provisions not
specifically identified by number, shall be construed to refer to such article,
section or provision of this subchapter.
(b) Scope: Except as otherwise specified,
this subchapter shall control all matters concerning the repair, renovation,
alteration, reconstruction, change of use, and addition to all buildings and
structures and their service equipment as defined herein and shall apply to all
existing buildings and structures in the State of New Jersey.
1. This subchapter shall not be applied to
any building or portion thereof that has never been occupied. In such buildings
or spaces, the requirements of the other subcodes of the Uniform Construction
Code for new construction shall apply.
2. All work shall be classified by the
construction official, in consultation with the appropriate subcode
official(s), as one or more of six categories: repair, renovation, alteration,
reconstruction, change of use, and additions. Specific requirements are
established for each work category.
i. If a
structure is demolished except for a de minimis amount, the construction
official shall designate the replacement structure as a new structure and apply
the requirements of the Uniform Construction Code applicable to new
construction.
3. Work of
more than one category may be part of a single work project.
i. Where a project includes repair,
renovation or alteration work, then the work in each such category shall comply
with the requirements for that category of work.
ii. Where a project is a reconstruction
project which includes repair, renovation or alteration work, then the work in
each such category shall comply with the requirements for that category of
work.
iii. Where an alteration
project results in a new building element, then each such new element shall
comply with the requirements for new building elements.
iv. Where a project is a reconstruction
project, then the entire work area shall comply with the basic requirements of
this subcode. Where a reconstruction project in a building involves more than
one work area, then each work area shall comply with the requirements of this
subcode. Additionally, reconstruction projects shall comply with the
supplemental requirements of this subcode where they exceed the size
requirements specified by this subcode in the sections governing supplemental
requirements.
v. Where the use of a
building or portion thereof is changed, then the building or portion thereof
shall be made to conform to the requirements of this subcode for a change of
use. Where work is required by N.J.A.C. 5:23-6.31f or a change of use to be
approved, then that work shall comply with the requirements of this subcode for
changes of use. Where a project undertaken in connection with a change of use
involves repairs, renovations or alterations which are not required by this
subcode for the change of use, then the work in each such category shall comply
with the requirements of this subcode for that category.
vi. Where the work project involves an
addition to a building, then the addition shall comply with the requirements of
the other subcodes of the Uniform Construction Code for new buildings. Any
repair, renovation or alteration undertaken in an existing building in
connection with an addition shall comply with the requirements of this subcode
for such category of work.
(c) Compliance: The only requirements of the
other subcodes of the UCC that apply are specifically set forth in this
subchapter. Compliance with the requirements of the other subcodes of the UCC
is not required for work in existing buildings. However, building components
already in compliance with the requirements of the other subcodes of the UCC
shall be replaced with components that comply. Where no year or edition is
given for a standard referenced in this subchapter, the year or edition shall
be the one referenced in the other subcode(s) of the UCC as of September 19,
2022.
1. Buildings in compliance with the
current edition of the applicable subcode shall not be required to comply with
any more restrictive requirement of this subcode.
2. The repairs, renovations, alterations,
reconstruction, and changes of use and/or additions, of any building or
structure currently existing shall conform to the requirements of this
subchapter. Where compliance with the provisions of this subchapter would
result in practical difficulty, the owner may apply for a variation in
accordance with
N.J.A.C.
5:23-2.10.
3. Any variation previously issued in writing
pursuant to the UCC shall remain in force and effect unless the work to be
performed during the course of the rehabilitation project causes one of the
conditions of the variation to be violated or would otherwise create a
hazardous condition.
4. As an
alternative to compliance with the building and fire protection requirements of
this subchapter, a permit applicant shall be allowed to evaluate the building
in accordance with Sections 1301.5 through 1301.9 of the International Existing
Building Code, as referenced by the building subcode, incorporated herein by
reference, and to bring the building into compliance with the standards
contained therein.
5. When a
project is undertaken in an existing building having a group designation that
no longer represents the use due to subsequent adoptions of each subcode, the
current group designation that most closely resembles the approved use shall be
used as the basis for applying the requirements of this subchapter.
(d) Permits: The requirements of
this subchapter shall apply to all rehabilitation work without regard to
whether a permit is required for such work. It should not be assumed that a
permit is required simply because a requirement is established by this
subchapter. Determinations as to whether a permit is required shall be made in
accordance with the administrative provisions of the UCC contained at N.J.A.C.
5:23-2
(e) Enforcement
Responsibilities: Responsibility for the enforcement of the provisions of this
subchapter shall be as indicated in parentheses at the end of each section,
subsection, paragraph or subparagraph, as appropriate (for example, in a
subsection of several paragraphs, the enforcement responsibility shall be in
parentheses after the subsection's last paragraph). For provisions of other
subcodes of the Uniform Construction Code referenced herein, enforcement
responsibility shall be as indicated in
N.J.A.C.
5:23-3.4.
1. Assignment of enforcement responsibility
for a requirement does not imply that work undertaken that would not otherwise
require a permit under the provisions of N.J.A.C. 5:23-2 of the Uniform
Construction Code would now require a permit. Assignment of enforcement
responsibility means that when there is a permit required or a complaint
lodged, the designated subcode official is responsible. The parenthetical notes
shall have the following meanings:
i.
"Building" means that responsibility is assigned to the building subcode
official.
ii. "Fire" means that
responsibility is assigned to the fire protection subcode official.
iii. "Electrical" means that responsibility
is assigned to the electrical subcode official.
iv. "Plumbing" means that responsibility is
assigned to the plumbing subcode official.
v. "Elevator" means that responsibility is
assigned to the elevator subcode official.
2. Responsibility for the enforcement of
mechanical requirements in buildings of Group R-3 or R-5 may be assigned as
delineated in
N.J.A.C.
5:23-3.4 at the discretion of the
construction official.
(f) Pre-Existing Buildings: Buildings or
structures legally in existence at the time of the adoption or subsequent
amendment of this subchapter may continue in use and nothing herein shall be
interpreted as requiring the repair, renovation, alteration or reconstruction
of such building, except as provided at
N.J.A.C.
5:23-2.32, Unsafe Structures.
(g) Relationship of this subcode to other
codes, rules, and ordinances, shall be as follows:
1. It is the intent of this subcode to
provide a uniform, Statewide, harmonious system of rehabilitation regulations
applicable to all existing buildings and structures in the State. No code,
ordinance, rule, regulation of any municipality, county, board, department,
commission or agency thereof, shall establish any requirement for any matter
covered by this subcode.
i. Exterior light
fixtures that replace existing light fixtures shall comply with a municipal
ordinance adopted to control light pollution.
2. It is the intent of this subcode to
establish requirements for reconstruction projects which are at least as
stringent as the requirements applicable to that area under the Uniform Fire
Code, N.J.A.C. 5:70, the Regulations for Maintenance of Hotels and Multiple
Dwellings (N.J.A.C. 5:10) and the New Jersey State Housing Code (N.J.A.C.
5:28). This subcode shall not be interpreted as establishing requirements less
stringent than these codes.
3.
Certificates of occupancy issued for projects in compliance with the
requirements of this subcode are specific to the work undertaken and shall not
obviate the need for the building to be brought into compliance with the
requirements of N.J.A.C. 5:70-4.
i.
Notwithstanding the above, a variation issued in writing pursuant to the UCC 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 N.J.A.C. 5:70-4
for the portion of the building to which the variation applies.
4. This subcode is not intended to
establish minimum standards of habitability for housing. No provision of any
State or municipal housing code or the equivalent which establishes minimum
standards for natural light, natural ventilation, minimum habitable floor area
per occupant, or requirements for heat shall be deemed to be affected or
superseded by this subchapter.
5.
Where work is proposed to an existing commercial farm building or where the use
of a building is changed to a commercial farm building, the building shall be
permitted to comply with the requirements of
N.J.A.C.
5:23-3.2(d). For items not
specifically covered by
N.J.A.C.
5:23-3.2(d), the project
shall comply with the requirements of this subchapter applicable to Group
S-2.
6. Any work performed in a
licensed health care facility shall be in accordance 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 with this subcode, the more restrictive
code provision shall govern.
(h) Correction of Violations of Other Codes:
Alterations or renovations mandated by any property, housing, or fire safety
maintenance code or mandated by any licensing rule or ordinance, adopted
pursuant to law, shall conform only to the requirements of that code, rule, or
ordinance and shall not be required to conform to this subchapter unless the
code requiring such alterations so provides.
(i) Variations: Building owners wishing to
use an alternative to compliance with specific provisions of this subcode shall
submit request(s) for variations in writing in accordance with
N.J.A.C.
5:23-2.10. For variation requests involving
fire safety, the construction official shall consult with the fire official. If
the fire official is also licensed as a fire subcode official under the Uniform
Construction Code, then the approval of the fire official shall be required on
such variation requests.
(j)
Asbestos hazard abatement projects and lead hazard abatement projects shall not
be categorized as reconstruction projects in and of themselves despite the fact
that occupancy of the work area is not permitted. However, all related
construction work undertaken in connection with such projects and all
replacement materials used shall comply with the applicable provisions of this
subcode.
