What is the Uniform Construction Code (N.J.A.C. 52:27D-119et seq of New Jersey?

“The act to authorize the commissioner of Community Affairs to adopt rules relating to the construction, alteration, renovation, rehabilitation, maintenance, occupancy and use of buildings and structures; to provide for state wide approval of premanufactured systems; to provide for the administration and enforcement of the act; and to establish remedies and fix penalties for violations of the act.”

The Uniform Construction Code (N.J.A.C. 5:23), which was promulgated in 1977, contains the UCC Act and all rules issued under the Act relating to the administration and enforcement of construction regulations. The UCC is comprised of four basic technical subcodes for construction: building, electrical, fire protection, and plumbing. In addition, the UCC contains technical subcodes for fuel gas installations; mechanical installations; one- and two-family dwellings; accessible (barrier free) construction; the rehabilitation of existing buildings; the construction of manufactured homes; asbestos hazard abatement; radon hazard abatement; and playground safety. In short, the UCC is a complete set of technical standards for construction with a uniform method of administration and enforcement.

For each technical subcode of the UCC, the Department adopts by reference national model construction codes, which, in turn, contain references to national performance technical standards used in construction. The technical standards contain more detailed specifications for a particular aspect of construction. The national model codes incorporate by reference standards that are appropriate to their subject. For example, the adopted building subcode for New Jersey is the 2000 edition of the International Building Code (IBC/2000), which references technical standards that are developed and published by such organizations as the American National Standards Institute, the American Society of Testing and Materials, and the National Fire Protection Association and that apply to accessibility, heating and ventilation, and fire sprinkler requirements.

The UCC provides one stop service at the local level. A construction permit is required for a construction project. This permit includes technical subcode applications for building, electrical, fire protection, mechanical, or plumbing work.

A construction permit is required for any new construction as well as for work on existing buildings, including structural, plumbing, mechanical, and electrical work. There are some exceptions to the general permit requirement. For example, construction permits are not required for ordinary maintenance, which includes routine repair.

Under Section 5:23-1 .4 Definitions,

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

 “Alteration” means the rearrangement of any space by the construction of walls or partitions, the addition or elimination of any door or window, the extension or rearrangement of any system, the installation of any additional equipment or fixtures and any work which affects a primary structural component.

“Equipment” means plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire prevention equipment, and elevators, dumb waiters, escalators, boilers, pressure vessels and other mechanical facilities or installations, which are related to building services and shall not include manufacturing, production or process equipment, but which shall include connections from building service to process equipment.

“

Maintenance” means the replacement or mending of existing work with equivalent materials or the provision of additional work or material for the purpose of the safety, healthfulness and upkeep of the structure and the adherence to such other standards of upkeep as are required in the interest of public safety, health and welfare.

“Minor work” means construction work undertaken in existing structures, requiring no prior approvals and no plan review, not altering in any way the structural members of a building and meeting the definition set forth in N.J.A.C. 5:23- 2.1 7A.

“Ordinary maintenance” means restoration or improvement of a routine or usual nature which is done by replacing a part of, or putting together, something that is worn or broken in a building, electrical, plumbing, heating, ventilation or air conditioning system and meeting the definition set forth in N.J.A.C. 5:23-2.7.

“Reconstruction” means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

“Rehabilitation” means the repair, renovation, alteration or reconstruction of any building or structure.

 “Renovation” means the removal and replacement or covering of existing interior or exterior finish, trim, doors, windows, or other materials with new materials that serve the same purpose and do not change the configuration of space. Renovation shall include the replacement of equipment or fixtures.

“Repair” means the restoration to a good or sound condition of materials, systems and/or components that are worn, deteriorated or broken using materials or components identical to or closely similar to the existing.

Under Section N.J.A.C. 5:23-2.7 (a)

     (a) Ordinary maintenance to structures may be made without filing a permit application with or giving notice to the construction official.

(c) The following items are ordinary maintenance and shall be treated as such by every enforcing agency. No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required. This is not an all-inclusive listing of ordinary maintenance.

 2. Ordinary plumbing maintenance shall include:

i. Replacement of hose bib valves in single family dwellings. Replacement hose bib valves shall be provided with an approved atmospheric vacuum breaker;

ii. Refinishing of existing fixtures. Relining of fixtures shall not be considered to be ordinary maintenance;

iii. Replacement of ball cocks. Replacement ball cocks must be an approved ant siphon type;

iv. Repair of leaks involving the replacement of piping between two adjacent joints only;

v. Clearance of stoppages;

vi. Replacements of faucets or working parts of faucets;

vii. Replacement of valves (including shower or combination bath/shower valves in a single family dwelling);

viii. Replacements of working parts of valves, including, but not limited to, shower or combination bath/shower valves;

ix. Replacement of traps except for traps on culinary sinks in food handling establishments;

x. Replacement of a water closet, and/or lavatory, and/or bathtub or shower unit and/or kitchen sink in a single family dwelling with an approved similar fixture provided that no change in the piping arrangement is made. Replacement water closets bearing a date stamp of July 1, 1991 or later must use an average of 1.6 gallons or less of water per flushing cycle; and

xi. Replacement of domestic clothes washers and dishwashers

Under Section N.J.A.C. 5:23-2.7 (b) 1-7

(b) Ordinary maintenance shall not include any of the following:

1. The cutting away of any wall, partition or portion thereof;

2. The removal or cutting of any structural beam or bearing support;

3. The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit way  requirements;

4. Any work affecting structural or fire safety;

5. Any work that will increase the nonconformity of any existing building or structure with the requirements of the regulations;

6. Addition to, or alteration, replacement or relocation of:

i. Any standpipe;

ii. Water supply, sewer, drainage, gas, soil, waste, vent or similar piping;

iii. Electrical wiring, except that the following shall be considered ordinary electrical maintenance:

(1) Communications wiring in a Class 3 structure provided that the installation does not involve the alteration or penetration of a fire-rated assembly and is not in a hazardous location as defined in Chapter 5 of the electrical sub code.

(A) For the purposes of applying this provision, communications wiring shall mean any wiring covered by Chapter 8 of the electrical sub code. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as "communications circuits," in accordance with Article 725 of the electrical sub code; or

iv. Mechanical or other work affecting public health or general safety; or

7. Any work undertaken for the purpose of lead abatement

Under Section 5:23-2.17(c) 1-2 Minor work is

(c) Minor work:

 1. Minor work shall mean and include:

 i. The construction or total replacement of any porch or stoop which does not provide structural support for any roof or portion of a building;

ii. Renovation or alteration work in an existing one or two-family dwelling  provided that no primary structural members are altered in any way, and further provided that the work does not constitute reconstruction

 iii. The removal and replacement of more than 25 percent of the exterior siding of a one  to or family

2. Minor work shall also mean and include the replacement of any existing plumbing piping work with new and approved material of like capacity; the installation of drinking fountains and condensate drains in existing structures; the replacement of existing low pressure hot water heaters with new ones of like capacity; and the new installation of lavatories, water closets, tubs, showers, washers or dishwashers, and garbage disposers in existing space of one and two-family dwellings where the new installation of additional fixtures can be accommodated with no increase in the size of the water distribution system, water service or house drain;

Under Section 5:23-2.17(a) and (b)   

(a) The issuance of a permit shall not be required before minor work may proceed. The owner, or an architect or contractor acting on behalf of the owner, shall, however, provide notice of the work to the enforcing agency before work begins.

(b) Notice of work; application:

            1. Notice of minor work shall be a personal or telephoned oral notice before work commences. This oral notice shall be             

             provided to the enforcing agency between 9:00 A.M. and 5:00 P.M., Monday through Friday, except holidays. In those   

             cases where the local enforcing agency is not open and available to receive notice at those times then notice shall be

             provided to the municipal clerk;

            2. In addition to oral notice, the owner or his agent shall be required to file an application. The completed application with

             the fee shall be delivered in person or by mail to the enforcing agency, within five business days from the date of the  

             oral notice.

Under Section 5:23-2.14 (a) construction permits --- when required

(a) It shall be unlawful to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure, or change the use of a building or structure, or portion thereof, or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, or to undertake a project involving lead abatement in accordance with N.J.A.C. 5:17, without first filing an application with the construction official, or the appropriate sub code official where the construction involves only one sub code, in writing and obtaining the required permit there for.

1. Not with standing any provision of (b) below to the contrary, a permit shall be required for any work to abate violations cited in a Notice of Violation and Order to Terminate (F213) issued after a certificate of occupancy has been issued.

Under Section 5:23-2.14 (b) 3.

3. Emergency work not involving lead abatement, except that a permit shall be applied for or notice given as soon thereafter as is practicable, but not later than 72 hours thereafter.

Under Section N.J.A.C. 5:23-2.16 (a)     Construction permits—procedure

 (a) Action on application: The construction official or the appropriate subcode official in the case of construction involving only one trade or subcode, shall examine or cause to be examined all applications for permits and amendments thereto, and approve or deny in whole or in part the application, within 20 business days. If the application is denied in whole or in part, the enforcing agency shall set forth the reasons therefore in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application within 20 business days, such failure shall be deemed a denial of the application for purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant. Whenever plans have been rejected and are thereafter revised and resubmitted, the revised plans shall be released if the deficiencies that were stated as grounds for rejection have been corrected and code compliance has been demonstrated. In that case, a written notice of release shall be given to the applicant not later than seven business days after the resubmission of the revised plans. When the grounds for rejection have not been corrected or when code compliance has not been demonstrated, a written notice of rejection stating the grounds for rejection shall be given to the applicant not later than seven business days after the resubmission of the revised plans.

 i. Where the prototype release did not include the foundation detail, the construction official shall act on the application within seven business days.

Under Section N.J.A.C. 5:23-(d)

(d)Application for a permit shall be made by the owner, or his agent, a licensed engineer, architect or plumbing, electrical or other contractor employed in connection with the proposed work. If the application is by a person other than the owner in fee, it shall be accompanied by an affidavit of the owner or the authorized person making the application, that the proposed work is authorized by the owner in fee, and that the applicant is authorized to make such application. All issued permits shall remain the property of the owner even if the application was made by a contractor or authorized agent.

Under Section N.J.A.C. 5:23-(e) 

Penalties may be levied by an enforcing agency as follows:

1. Up to $ 1,000 per violation for failure or refusal to comply with any lawful order, unless the failure or refusal to comply is done with the knowledge that it will endanger the life or safety of any person, in which case the penalty shall be up to $ 2,000 per violation;
2. Up to $ 2,000 per violation for failure to obtain a required permit prior to commencing construction or for allowing a building to be occupied without a certificate of occupancy;
3. Up to $ 2,000 per violation for failure to comply with a stop construction order;
4. Up to $ 2,000 per violation for willfully making a false or misleading written statement, or willfully omitting any required information or statement in any application or request for approval;
5. Up to $ 500.00 per violation for any violation not covered under (e)1 through 4 above;
6. For purposes of this subsection, in an occupied building, a code violation involving fire safety, structural soundness or the malfunctioning of mechanical equipment that would pose a life safety hazard shall be deemed to endanger the life or safety of a person. In an unoccupied building, a code violation of a requirement intended to protect members of the public who are walking by the property shall be deemed to endanger