New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 70 - UNIFORM FIRE CODE
Subchapter 4 - FIRE SAFETY CODE
Section 5:70-4.3 - Relationship to Uniform Construction Code
Universal Citation: NJ Admin Code 5:70-4.3
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
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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