Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The applicability of provisions of this subchapter to existing buildings or
structures, identified or classified by the Federal, State or local government
authority as historic buildings, shall be determined by the local construction
code enforcing agency in consultation with the fire official.
1. For purposes of applying this section,
historic buildings shall include any building that meets one or more of the
following criteria:
i. Buildings listed on
the New Jersey or National Registers of Historic Places either individually or
as a contributing building to a historic district;
ii. Buildings that have been issued a
Determination of Eligibility by the Keeper of the National Register of Historic
Places;
iii. Buildings identified
as contributing buildings to Local Historic Districts which have been certified
by the Keeper of the National Register as substantially meeting the National
Register Criteria; or
iv. Buildings
with a State Historic Preservation Officer Opinion or Certification that the
property is eligible to be listed on the National Register of Historic Places
either individually or as a contributing building to a historic
district.
2. Variances:
Building owners wishing to use an alternative to compliance with specific
provisions of this subchapter shall submit request(s) for variances in writing
in accordance with
5:70-2.14. Requests for variances
shall identify all nonconformities with the requirements of this subchapter and
shall include: a statement of the requirements of this subchapter from which a
variance is sought, a statement of the manner by which strict compliance with
the provisions of this subchapter would result in practical difficulties or
would detract from the historic character of the building, and a statement of
feasible alternatives to the requirements of this subchapter that would
adequately protect the health, safety and welfare of the intended occupants and
of the public generally.
i. The provisions of
5:70-2.14, Variances,
notwithstanding, a variance may be granted where no feasible alternative to the
strict requirements of the subchapter exists, provided that the owner submits a
finding by a qualified architect that the feature of the building which cannot
be brought into strict compliance with the requirements of this subchapter is
essential to maintaining the historical value and character of the building.
Any such finding submitted in support of a variance application shall be in
writing and shall state the basis and reasons for the finding.
(b) A variation
previously granted to a provision of an existing code, which provision contains
requirements substantially the same as the comparable provision of this
subchapter, shall remain valid, subject to the following conditions:
1. To be accepted the variation must have
been:
i. Granted in writing;
ii. Granted through a formal process or
procedure; and
iii. Granted upon a
finding that equivalent life safety was provided.
(c) Nothing in this Code shall be
construed as preventing any State agency from exceeding provisions of this Code
in making improvements to buildings under their jurisdiction, ownership or
control when such changes are mandated by or through Federal law or Federal
regulations as a condition of funding such agency. Such action shall not reduce
the requirements of these regulations.
(d) The provisions of
5:70-4.1 through 4.3 shall not
prevent the fire official from making a finding of imminent hazard pursuant to
5:70-2.16 or the construction
official from making a finding of unsafe building pursuant to the Uniform
Construction Code and requiring correction of such hazard or unsafe condition
in accordance with those regulations.
