11/10/2014© Carl E. Peters1 New Jersey Uniform Construction Code and an Introduction to the...

111/10/2014 © Carl E. Peters

New Jersey Uniform Construction Code and an Introduction to the Municipal Land Use Law

New Jersey Societyof Municipal

EngineersCME ProgramNov. 13, 2014

Carl E. Peters,PE, PLS, PP, CO

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Carl E Peters, PE, PLS, PP, CO4525 Route 27Princeton, NJ 08540,[email protected]

mailto:[email protected]

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Objective

To give Professional Engineers the tools required to obtain the municipal approvals necessary to construct, repair, renovate, alter, add to or change the use of a building in New Jersey

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Introduction to: NJ Municipal Land Use Law (MLUL) Municipal Bodies Regulating Land Use Planning and Zoning NJ Uniform Construction Code Residential Site Improvements Standards Regulation of Design Professionals

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Why Do CME’s Need To Know This?

Review of Site Plans & Subdivisons Administration of Projects On

Municipally Owned Buildings Coordination of Prior Approvals and

Site Inspections with Code Officials Projects for Private Clients Management of Playgrounds

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Why Do CME’s Need To Know This?

Possible Employment Opportunities Follow the laws of professional

practice

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Lesson Plan

Work through the process of obtaining municipal approvals to plan and construct/alter a building

Stop along the way to describe key elements of the process

Discuss benefit of this information for both home and professional use

Class interaction is encouraged

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Our Project

Mixed Use Building Existing two story building – 4000 sq. ft. New building footprint 5000 sq. ft.

First Floor – Retail Second Floor - Professional Offices Third Floor – Four Residential Units

On-site parking At corner of two municipal streets Must acquire 100’ strip from adjacent lot

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The ConditionsDescription Required Proposed

Minimum Lot Area 80,000 sf 90,000 sf

Width 250 lf 300 lf (200 lf exist)

Depth 250 lf 300 lf

Front Yard Setback 50 lf 60’

Side Yard Setback 25 lf 40’

Rear Yard Setback 25 lf 190 lf

Max. Building Area 25,000 sf 15,000 sf

Max. Lot Coverage 20% 5.6%

Max. Building Height 35’ 37’

Parking Spaces 1 per 300 sf comm.Residential per RSIS

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Questions What Land Use Approvals are required? How long is it likely to take from project inception

until issuance of a construction permit? What are the codes that govern the design of the

project? If the municipal agency is Class 3 may they review

the plans for the project? Must the building have an elevator? How many h/c parking spaces are required?

Does the number of h/c spaces change if the second floor offices are for an orthopedic group?

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How long will it take before the construction can begin?

0 – 6 months 6 – 12 months 13 – 18 months 19 - 24 months Greater than 2 years

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Design and Review Timeline

Property Survey Preliminary Design Land Use Approvals Final Design Meet Conditions of Land Use

Approvals Utility Company Authorizations Construction Code Approvals

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How is Local Land Use Regulated? NJ Municipal Land Use Law (MLUL)

What is it? How was it created? What does it regulate?


Municipal Bodies Regulating Land Use

Who are they? What are their responsibilities?

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Planning and Zoning

What are they? How are they implemented? How do they affect your project?

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Regulation of Design Professionals

Registered Architects Professional Engineers Professional Land Surveyors


Residential Site Improvements Standards

What are they? When were they created? When are they applicable?

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Most Importantly

We will learn where to find the information we need: Statutes, Regulations, Ordinances


Not Included

State Plan Special Land Use Regulations

Fair Housing, Redevelopment, Brownfields, Historic Preservation

Environmental Regulations Freshwater Wetlands, CAFRA

Special Planning Areas Meadowlands, Pinelands

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Definitions and Abbreviations

DCA – NJ Department of Community Affairs – Division of Codes and Standards

MLUL – NJ Municipal Land Use Law

RSIS – Residential Site Improvements Standards

http://www.state.nj.us/dca/divisions/codes/codreg/


http://www.state.nj.us/dca/divisions/codes/codreg/pdf_regs/njac_5_21.pdf

http://www.state.nj.us/dca/divisions/codes/codreg/pdf_regs/njac_5_21.pdf


Historical Background

Municipalities may only engage in the activities that are authorized by the State

1928 – Model Zoning Enabling Act 1935 – Municipal Planning Act 1975 – Municipal Land Use Law

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Historical Background

Prior to the mid-1970’s municipalities were allowed to create their own: Land Use Regulations and Procedures Construction Codes

Municipal Land Use Law - 1975 Effective August 1, 1976

Uniform Construction Code Act -1975 Code Effective January 1, 1977

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Purpose of Uniform Construction Code Act – NJSA 52:27D – 119 et seq

Speed Construction Reduce Costs Encourage Innovation And Economy Adequate Performance = Acceptability Permit Modern Construction Techniques Eliminate Unnecessary Regulations That

Increase Cost And Retard Use Of New Materials

Eliminate Duplication Of Effort And Fees

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Getting a Project Started

What do we know first? Who? What? When? Where? How?

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Getting a Project Started What we know at the outset

Who wants to build something – us What we want to build – house, store,

restaurant, garage, etc. Defines the process we must follow

When – not nearly soon enough Where – We may know the general region

but not yet have a specific property How – Is what this class is all about.

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Planning and Zoning

New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq[A1] 565 Municipalities create their own

development regulations Zoning Map and Ordinance

Local regulations must be built along the rules and framework established in MLUL

MLUL dictates the process Purchase through NJPO

http://www.goleader.com/wf-masterplan/land_use_law.pdf



http://njpo.org/index.php

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Municipal Land Use Bodies

Governing Body Planning Board Zoning Board of Adjustment

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Governing Body – Who Are They?

Elected Municipal Legislative Body NJ Forms of Municipal Government

See http://www.njslom.org/forms-of-government.html

http://www.njslom.org/forms-of-government.html

http://www.njslom.org/forms-of-government.html

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Governing Body - Responsibilities

Board Appointments Create Ordinances Enforcement Establish Fees Hear appeals

For approval of type (d) variances only Only if specified by ordinance

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Planning Board – Who Are They? Class I: The mayor or mayor’s designee. (1) Class II: A municipal official, other than a

member of the governing body, appointed by the mayor. (1)

Class III: A member of the governing body, appointed by it. (1)

Class IV: Other citizens of the municipality, appointed by the mayor. Class IV members may not hold any other municipal office or position. (4 or 6)

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Planning Board Responsibilities Prepare Master Plan Subdivision Control Site Plan Review

One and two family dwellings are exempt Zoning Ordinance Bulk Variances per NJSA 40:55D-70 c Conditional Use Authorization Permission to build on lot w/o street

frontage

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Zoning Board of Adjustment

Who Are They? Seven Municipal Residents May not hold any other municipal

position

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Zoning Board Responsibilities

Hear Appeals of Decisions Made by the Administrative Officer

Interpret the Zoning Ordinance and Zoning Map

Hear Requests for “c” Variances C(1) – Hardship C(2) – Flexible One and Two Family Dwellings Only

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Hear Requests for “d” variances The use or principal structure in a district

regulated against such use or building. An expansion of a nonconforming use. Deviation from the standards for a

conditional use. An increase in the permitted floor area

ratio.

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Hear Requests for “d” variances An increase in permitted density. The height of a principal structure that

exceeds by 10 feet or 10% of the height permitted in the district for a principal structure

Five yes votes are required for approval

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Zoning Ordinance and Map Define Permitted uses (including conditional uses –

such as a place of worship in a residential zone)

Permitted lot size and dimensions Allowable building area Allowable building height Required yard setbacks (the distances that

a building must be situated away from a lot line)

Parking requirements And often much more

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Finding a Site for Your Project

Local Zoning Ordinance and Map Check Municipal Web Site Meet With Zoning Officer If your desired use is not permitted in the

zone in which your property is located, you may wish to consider another location.

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Preliminary Design Consider Hiring an Architect Now

To Provide assistance to lay out the size and shape of building and site improvements

Required for all building projects other than single family, owner occupied, residences

The Building Design Services Act, NJSA 45:4B-1, et seq. specifies: Design that may be performed by an architect,

and; Design that may be performed by an engineer.

http://www.njconsumeraffairs.gov/laws/building_design_law.pdf

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The Property Survey Performed by Professional Land

Surveyor Provides information about:

Size and shape of property Location and shape of existing

improvements on the property and sometimes beneath the surface of the property

Legal restrictions on use - such as easements

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Where do I go next?

One or two family home Next step is to “Building Department” Unless you are unable to meet one or

more of the bulk regulations in the zone Then go to Zoning Board of Adjustment

Or if you need to create a new lot or adjust a lot line a subdivision is required Go to the Planning Board

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Where do I go next?

For Anything Else Obtain Site Plan Approval

Go to Planning Board, unless A (d) variance is required, then - Go to

Zoning Board of Adjustment Unless - The Municipal Land Use

Ordinance provides for an exemption

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Site Plan and Major Subdivision Approval

Division of Responsibilities NJAC 13:40 – 7.1 et seq.

http://www.njconsumeraffairs.gov/laws/pelsregs.pdf

Checklist Requirements Per Municipal Ordinance

Which Board has Jurisdiction?





Completeness Review Upon certification by board or designee After 45 days from submittal, unless

Application is missing information required on the completeness checklist, and

Applicant has been notified in writing within 45 days.

When complete the development clock starts.

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Time for Approval – Preliminary Site Plan 45 days

If 10 acres or less and 10 dwelling units or less

95 days If over 10 acres or dwelling units

120 days If a variance is required

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Time for Approval – Preliminary Subdivision 45 days

If 10 or fewer lots If classified as a minor subdivision

95 days If more than 10 lots

120 days If a variance is required

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Time for Approval – Final Approval of Site Plans and Major subdivisions

Failure of the Board to act within the required time frame results in an approval

Site Plan, Subdivision, Conditional Use and Variance approval may occur simultaneously Longest time period for action governs

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Public Hearing Notice required May be waived for minor site plans and

subdivisions without variances Findings of Fact, performance bonds,

etc. Filing of Subdivision maps or deeds

Minor – 190 days Major – 95 days

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When Applicable shall govern any site improvements

carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval, or variance

These standards are both a maximum and minimum that may be required

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shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any siteimprovements constructed by a developer in connection with residential development.

streets, roads, parking facilities, sidewalks, drainage structures, grading, water supply and sanitary sewers

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Streets Street hierarchy Right of way width Cartway width Curb or shoulder Sidewalk or graded area On street parking lanes Pavement cross-section Curb materials

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Land Use Approvals Obtained – Now What?

Final Building Design Obtain Construction Code Permits Get Utility Mark-outs Begin Work Progress Inspections Final Inspections Obtain Certificate of Occupancy Bond Release11/10/2014


Final Building Design and Plan Approval

Who can prepare plans? What laws and regulations control

design? Where do I submit the plans for

review? What do I need to submit? How long will the review take?

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Final Building Design and Plan Approval

The short answers are:

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Who may prepare plans? Registered Architect Professional Engineer in accordance with

Building Design Services Act IBC Use and Occupancy Classifications

Licensed Electrician – Class 3 Buildings Licensed Master Plumber – Class 3

Buildings Homeowner – for owner occupied, single

family, detached dwellings

http://www.state.nj.us/dca/divisions/codes/publications/pdf_ucc/ibc_2009_nj_ed_use_and_occ_class.pdf

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What Laws and Regulations Control Building Design?

NJ Construction Code Act NJ Uniform Construction Code

NJ Uniform Construction Code defines the model codes to be used in NJ Note: The State of New Jersey makes its

own modifications to the model codes

http://www.state.nj.us/dca/divisions/codes/codreg/ucc.html



Where do I submit the plans for review?

It Depends? Local Enforcing Agency County Enforcing Agency Inter-local Enforcing Agency NJ Department of Community Affairs Other?

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What do I need to submit? Two sets of plans and specifications Buff File Jacket with certifications Building Technical Form Electrical Technical Form Plumbing Technical Form Fire Protection Technical Form Mechanical Technical Form Elevator Technical Form Other

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f100_cpa.pdf

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f110_bldg.pdf

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f120_elec.pdf

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f130_plumb.pdf

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f140_fire_prot.pdf

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Obtain Prior Approvals

Zoning Water Supply Sewage Disposal Electric Service Gas Service Street Opening Other

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How long will it take to issue a permit?

Agency reviews plans within 20 business days

May deny application or request additional information Failure to act equals denial

Issues Permits If you start construction before receiving

the required permits you will be fined.


After Permits are issued

Call for utility mark-outs Notify inspection agency before

starting construction Other

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Inspections During Construction

Footings Foundation

Location Survey by PLS Framing Insulation Rough and Final Plumbing and Electric Final

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Request Certificate of Occupancy

Obtain Form - Request for Certificate Submit Form to Enforcing Agency Agency Has 10 business days to act If you occupy before receiving a

certificate of occupancy you will be fined.

http://www.state.nj.us/dca/divisions/codes/forms/pdf_ucc_stdforms/ucc_f270_cert_app.pdf


Statutes and Regulations

Statutes N.J.S.A. – NJ Statutes Annotated Created by Legislature Signed by

Governor Rules and Regulations

N.J.A.C. – NJ Administrative Code Created by State Departments

Community Affairs Publication in NJ Register

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The Rest of the Story

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CONSTRUCTION CODE ACT

The Statute creating a statewide construction code

Effect of Code Promulgation All other local regulations are superseded Does not invalidate local zoning

ordinances Does not invalidate local licensing of

construction trades Unless already licensed by State

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New Jersey Uniform Construction Code Act

Enabling Legislation Purpose for creating a UCC Establishing of Subcodes Sets standards for training and

qualifications of code officials Establishes powers of the Commissioner Organization of Local Enforcing Agencies Mechanism for appeals

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Regulations

Administrative Code Created by Commissioner Augments the statute

May not contradict the statute

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New Jersey Uniform Construction Code (UCC)

Regulations How to obtain a permit under the NJ

Uniform Construction Code When permits are necessary Who can prepare plans What inspections are required Prior approvals Obtaining a Certificate of Occupancy

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New Jersey Uniform Construction Code (UCC)

Regulations Types of Enforcing Agencies Requirements for Code Licensing Adoption and modification of model

codes Barrier Free Access Requirements Requirements for Existing Buildings Playground Safety Regulations

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UNIFORM CONSTRUCTION CODE REGULATIONS – NJAC 5:23-1 et seq

Effective Date: January 1, 1977 Promulgated by Commissioner of the

Department of Community Affairs (DCA) With guidance from Code Advisory Board

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Uniform Construction Code

Subchapter 1 – General Provisions Subchapter 2 – Administration and

Enforcement; Process Subchapter 3 – Subcodes Subchapter 4 – Enforcing Agencies;

Duties; Powers; Procedures Subchapter 5 – Licensing of Code

Enforcement Officials

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Uniform Construction Code

Subchapter 6 – Rehabilitation Subcode Subchapter 7 – Barrier Free Subcode Subchapter 8 – Asbestos Hazard Abatement

Subcode Subchapter 9 – Code Interpretations Subchapter 10 – Radon Hazard Subcode Subchapter 11 – Playground Safety

Subcode Subchapter 12 – Elevator Safety Subcode

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Subchapter 1 – General Provisions Intent and Purpose

Encourage innovation and economy in construction Provide standards for construction and materials in

conformance with nationally recognized standards Performance is the test for acceptability Permit use of modern methods of construction Eliminate restrictive, obsolete, conflicting and

unnecessary regulations Eliminate duplication of effort and fees in plan review

and inspection

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Subchapter 1 – General Provisions

Important Definitions Alteration Building Building Subcode Official Certificate of Continued Occupancy Certificate of Occupancy Construction Permit Department

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Important Definitions (cont’d) Enforcing Agency Maintenance Minor work Ordinary Maintenance Owner Plans and Specifications Primary Function Space

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Subchapter 1 – General Provisions Important Definitions (cont’d)

Prior Approvals Private on-site Inspection and plan

review agency Reconstruction Rehabilitation Renovation Repair Small Job

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Important Definitions (cont’d) Stop Construction Order Tenancy Use

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Effective Date January 1, 1977 No other codes are in effect

Grace Period Six Months After A Subcode Revision

Complete Application All Prior Approvals Met

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NJ UNIFORM CONSTRUCTION CODE

Subchapter 4 – Enforcing Agencies; Duties; Powers; Procedures

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UCC SUBCHAPTER 4ENFORCING AGENCIES

5:23-4.1 this section controls the structure, organization and procedures of state local and inter-local enforcing agencies. It also governs the structure, organization and procedures for boards of appeals. It governs private enforcing agencies and how fees are established

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UCC SUBCHAPTER 4ENFORCING AGENCIES 5:23-4.3 ESTABLISHING MUNICIPAL AGENCY

CERTIFIED NOTICE GIVEN TO DCA RESOLUTION BY GOVERNING BODY STAFF OR PRIVATE AGENCIES WHO WILL HEAR APPEALS IF LOCALS DON’T WANT TO ENFORCE, DCA WILL ENFORCING AGENCY MUST BE ESTABLISHED BY

ORDINANCE ORDINANCE ESTABLISHES POSITIONS ORDINANCE SETS FEES

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5:23-4.3 CONTINUED DEPARTMENTAL INTERVENTION

IF LOCALS AREN’T DOING JOB DCA SENDS NOTICE TO

GOVERNING BODY CONSTRUCTION OFFICIAL ADMINISTRATOR/MANAGER

DCA COULD DISSOLVE LOCAL AGENCY DCA CAN SUPPLANT A LOCAL AGENCY FOR

A SPECIFIC PROJECT

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UCC SUBCHAPTER 4ENFORCING AGENCIES 5:23-4.3A Enforcing Agency

Classification RCS – Class 3 ICS – Class 2 HHS – Class 1 Determined by the highest class of

structure for which the lowest level Subcode Official or the Construction Official is authorized to review plans

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5:23-4.3A (d) Establishes what size and classification that each type of agency may perform plan review on Based Upon Use Groups in Building Code

(e) DCA may return plans to a lower level agency for review

Agencies may perform inspections on all classes of buildings

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IBC Use Groups – Chapter 3

Assembly Business Educational Factory and

Industrial High Hazard

Institutional Mercantile Residential Storage Utility and

Miscellaneous

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Building Design Services Act

NJSA 45B:7 Identifies which categories of buildings,

or portions of buildings may be designed by a Professional Engineer

Architects may design any use group, except “Engineering Works”

Based upon Building Code Use Groups

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UCC SUBCHAPTER 4ENFORCING AGENCIES 5:23-4.4 Municipal Agency

Organization Construction Official – Chief

administrator – establishes operating routines and coordinates subcodes – Must hold at least one subcode license – Must be appointed as a local official (employee)

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UCC SUBCHAPTER 4ENFORCING AGENCIES 5:23-4.4 Municipal Agency

Organization Subcode Official –

Exclusive decision making authority for the technical provisions of his Subcode.

Municipality may contract with private agencies for Subcode Official services

Inspectors Technical Assistant

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5:23-4.14 Private On-site agencies May hire inspectors or Subcode Officials

part time A Municipal Construction Official may not

be hired by a Private Agency

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UCC SUBCHAPTER 4ENFORCING AGENCIES 5:23-4.17 Municipal Agency Fees

Set by ordinance Construction Official must prepare Annual Report

of receipts and expenses Fee Schedule shall cover cost of operating the

agency but should be used only for code enforcement purposes New construction based on volume Renovations based on cost Other Subcodes based upon fixtures

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State Enforcing Agencies Bureau Of Local Code Enforcement

Enforces UCC In Municipalities That Have Chosen Not To Have A Local Agency

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Subchapter 5 – Licensing of Code Enforcement Officials

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5:23-5.3 Types Of Licenses Inspectors

Building Inspectors have HHS, ICS, RCS the other Subcodes only have ICS and HHS

License level indicates plan review authority – All inspectors are allowed to inspect all types of buildings

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5:23-5.3 (a) 4. -Special Inspectors Structural Welding Structural Steel And Bolting Concrete Placement Reinforced Concrete Prestressed Concrete Structural Masonry Spray Applied Fire Proofing Exterior Insulation Finish Systems

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5:23-5.6 Construction Official Requirements Hold at least one Subcode License Experience Per NJSA 52:27d-126b Complete an approved CO Training

Course

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5:23-5.7 Subcode Official Requirements Have A Technical Inspector License Complete a Subcode Training Program Experience

10 Years as a journeyman, inspector or contractor currently regulated by the code

5 Years experience plus a Bachelor’s Degree in architecture or engineering or similar area of study

3 Years experience plus a PE or RA in NJ

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5:23-5.25 Revocation Of Licenses Violated UCC Got license through fraud Gross Negligence Failed to report an offer of a bribe or favor Has failed to comply with an order of the

department

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SUBCHAPTER 2 –ADMINISTRATION AND ENFORCEMENT; PROCESS

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5:23 – 2.1 Title, Scope, Intent

Controls all construction, alteration, addition, repair removal, demolition, use, location and occupancy of all buildings and structures and service equipment

Covers both existing and proposed To insure public safety, health and

welfare

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5:23 – 2.2 Matter Covered

Applies to all buildings and appurtenances No building may be constructed, renovated

or altered or demolished in violation of the code

If it is not specified in the code the subcode official and construction official may make a determination

Use or occupancy without approval is a violation and subject to penalty

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5:23 – 2.2 Matter Covered

No municipal code may conflict with regard to structural, fire and sanitary safety

For use, location, permissible area and height, the more restrictive of UCC or local zoning code will govern

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5:23 – 2.3 Applicability

Applies to all construction performed after the date of the regulations

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5:23 – 2.4 Alterations, Replacements & Damages Work on existing structures shall conform to

rehabilitation subcode Work on a building damaged by fire or any

other cause shall be governed by rehabilitation subcode

Work required by a housing, fire or maintenance code shall be governed by that code unless referred back to UCC

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5:23 – 2.5 Increase in Size

If the building is increased in size the new area shall conform to the standards for new construction

Work in the old area is governed by the rehabilitation subcode

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5:23 – 2.6 Change of Use

Legal existing uses may continue Change of use requires a new c/o

A change of use may be defined differently in the zoning code than in the UCC

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5:23 – 2.7 Ordinary Maintenance

Ordinary maintenance may be performed without a permit or giving notice to the construction official

Does not include: Cutting of wall or partition Removal or cutting a beam or bearing support Change or removal of a means of egress Work affecting fire or structural safety Work that will increase building non-conformity

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5:23 – 2.7 Ordinary Maintenance

Does not include Addition, Alteration, Replacement Or

Relocation Of: Standpipe Water, Sewer, Gas, Drainage

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5:23 – 2.8 Installation of Equipment

Equipment may not be used until a certificate of occupancy or certificate of approval is issued

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5:23 – 2.9 Variations and Exceptions

May be granted when: Strict compliance would result in

practical difficulty An exception, if granted will not

jeopardize the health, safety and welfare of occupants and the public

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5:23 – 2.10 Applications for Variations

Must be filed in writing and state: Code requirement from which a variation

is sought How strict compliance would result in

practical difficulties Nature of difficulty Feasible alternative which adequately

protects health, safety and welfare

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5:23 – 2.11 Review of Variation Applications

Time for review: 20 days Considered denied if not acted upon

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5:23 – 2.12 Final Decision on Variations

Determination is made by appropriate Subcode Official

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5:23 – 2.13 Authority to Grant Variations

The agency with plan review responsibility has sole authority to grant variations

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5:23 – 2.14 Construction Permits – Where Required

Must apply for and receive a permit prior to starting construction, except: ordinary repairs minor work emergency work some temporary structures garden type sheds under 100 sq. ft. in area and

less than 10’ high fences 6’ or less in height

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5:23 – 2.14 Construction Permits – Where Required

Permits required for retaining walls – or a series of walls Total height of 4’ or greater Wall less than 4’ impacting a foundation

There is an exception for walls intended to be dedicated to the municipality and subject to regulation, inspection and issuance of bonds

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5:23 – 2.15 Construction Permits - Application

Standard Forms Buff Jacket

Certifications Owner

Homeowner’s Warranty Plan Preparation Perform or Supervise Building & Fire Perform Plumbing & Electrical Prior Approvals

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Standard Forms Buff Jacket

Certifications Agent

Homeowner Authorization Prior Approvals Taxation

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Standard Forms Technical Sections

Building Electrical Fire Plumbing Elevator Mechanical

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Description of proposed work Use group classification Type of construction Building area and volume Fixture counts Cost estimate Certification of prior approvals

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List of special inspections for class 1 structures

Required prior to starting construction Names and addresses of contractors Builders registration info for one or two

family dwelling, condo or co-op, except built by the owner

Seal of licensed plumber or electrician

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Separate application required for each building

Application may be made by owner or his agent – contractor, engineer architect, etc.

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Plans and specifications Two sets minimum Sufficient clarity and detail to show

nature and character of work Information necessary to demonstrate

code compliance Subcode official determines what’s

necessary

© Carl E. Peters 12711/10/2014


Site diagram In accordance with accurate boundary

survey Show existing and proposed structures and

structures to be demolished Protection of adjacent structures

© Carl E. Peters 12811/10/2014


Who May Prepare Drawings Architect Engineer Electrician – Class 3 Buildings only Plumber - Class 3 Buildings only Mechanical Contractor - Class 3 Buildings

only Homeowner – Single Family Owner

Occupied

© Carl E. Peters 12911/10/2014

5:23 – 2.16 Construction Permits - Procedure

To be reviewed within 20 business days

If denied reasons must be in writing If agency fails to act it’s considered a

denial Resubmissions must be reviewed in

seven business days

© Carl E. Peters 13011/10/2014


Suspension of permit Invalid if work doesn’t commence within

12 months Invalid if work is suspended or

abandoned for six months after commencement

© Carl E. Peters 13111/10/2014


Revocation of permit If applicant provided false information in

application or plans If project is not completed within 3 years,

except Interior improvement not visible from

outside Where exterior work and site improvements

are complete

© Carl E. Peters 13211/10/2014


Permit must be posted on site 24 hour notice to construction official Conditions of permit

Payment of fees Conformance to code & prior approvals Assist enforcing agency

© Carl E. Peters 13311/10/2014

5:23 – 2.17 Demolition or Removal of Structures

Releases from utilities Notices to adjoining owners

© Carl E. Peters 13411/10/2014

5:23 – 2.17A Minor Work

Work may proceed without permit Notice must be given to enforcing

agency prior to starting work Application must be made within five

days of notice Inspections must be made within 30

days of request

© Carl E. Peters 13511/10/2014

5:23 – 2.18 Inspections

During progress of work Where work must cease

Bottom of footings Foundation walls prior to backfilling

Foundation location survey required for new construction

Utility services Structural framing, connections, wall and

roof sheathing and insulation

© Carl E. Peters 13611/10/2014


During progress of work Where work must cease

Rough electrical –wiring, panel and service Rough plumbing – piping

Mid point building inspections must include compliance with barrier free subcode

© Carl E. Peters 13711/10/2014


Owner/ contractor to call for inspections at least 24 hours in advance

Inspections to be made within 3 business days

Final inspections Required prior to requesting certificate of

occupancy

© Carl E. Peters 13811/10/2014

5:23 – 2.19 Special Technical Services

Reports from professional engineer or registered architect Provided at applicant’s expense Site investigation Structural analysis Building systems analysis

© Carl E. Peters 13911/10/2014

5:23 – 2.20 Tests and Special Inspections

© Carl E. Peters 14011/10/2014

5:23 – 2.21 Construction Control

© Carl E. Peters 14111/10/2014

5:23 – 2.23 Certificate Requirements Certificate of occupancy required prior to

use or occupancy of new building or reconstructed building

Certificate of approval required prior to occupancy of a renovated or altered building

A Certificate Of Occupancy is required prior to use or occupancy of a building addition

© Carl E. Peters 14211/10/2014

5:23 – 2.23 Certificate Requirements

Temporary Certificate of Occupancy Bulletin 01-02

http://www.state.nj.us/dca/divisions/codes/publications/pdf_bulletins/b01_2.pdf

© Carl E. Peters 14311/10/2014

5:23 – 2.23 Certificate Requirements Application for certificate

Statement by person in responsible charge that work has been completed in accordance with the permit and regulations

Final cost of the work Amended drawings Test and balance report for mechanically

ventilated buildings

© Carl E. Peters 14411/10/2014

5:23 – 2.23 Certificate Requirements

Certificate to be issued within 10 business days

Certificate may be revoked if a condition of the certificate is violated Must maintain code compliance

© Carl E. Peters 14511/10/2014

5:23 – 2.24 Conditions of Certificate of Occupancy Project Meets Conditions Of

Construction Permit, All Prior Approvals And Is Substantially In Conformance With Code, Plans And Specifications

All Fees Have been Paid All Required Inspections Have Been

Passed

© Carl E. Peters 14611/10/2014

5:23 – 2.24 Conditions of Certificate of Occupancy

All Violations Have Been Corrected All Protective Devices are Operational New Home Warranty Provided Affidavit By Homeowner when any

design, construction, electrical or plumbing work has been done by owner and a Warranty is Not Provided

© Carl E. Peters 14711/10/2014

5:23 – 2.29 Entry

Owner is deemed to have consented to inspection of entire premises until a c of o has been issued

9am to 5pm, business days Whenever construction is being

undertaken When a dangerous condition exists

© Carl E. Peters 14811/10/2014

5:23 – 2.30 Violation, Notice, and Orders

Notice of violation and order to terminate Issued when a violation of regulations,

permit or certificate exists Citation of section violated Time to correct Penalty assessed, if any

© Carl E. Peters 14911/10/2014

5:23 – 2.31 Compliance

Penalties issued for: Violations of the act or regulations Performing construction in violation of a

condition of a permit Failing to comply with an order Making a false or misleading statement Refusing entry or interfering with an

inspection

© Carl E. Peters 15011/10/2014


Failing to obey an order Stop construction

Each day is a separate offense Others

Each week is a separate offense

Construction in violation of a building permit condition Each violation is a separate offense

© Carl E. Peters 15111/10/2014


Penalties not to be levied until after issuance of a notice of violation and expiration of the period to correct, except,

Penalties must be issued immediately for: Failure to obtain a construction permit Failure to request required inspections Occupying without a certificate of occupancy

© Carl E. Peters 15211/10/2014


Stop Construction Order Must Be In Writing State The Reasons For Issuance Establish Condition For Resuming

Construction

© Carl E. Peters 15311/10/2014


Penalty amounts Failure to comply with an order

Up to $1000 per violation Up to $2000 for violations done with the

knowledge that it will endanger the life or safety of any person

Failure to obtain a permit or occupying without a certificate of occupancy Up to $2000 per violation

© Carl E. Peters 15411/10/2014


Penalty amounts Failure to comply with a stop

construction order Up to $2000 per violation

Making a false or misleading statement Up to $2000 per violation

All other violations Up to $500 per violation

© Carl E. Peters 15511/10/2014

5:23 – 2.32 Unsafe Structures

Buildings that are unsafe, unsanitary, contain blocked exits, constitute a fire hazard, or otherwise dangerous to human life or the public welfare or by illegal use or occupancy Shall be made safe, or Taken down

© Carl E. Peters 15611/10/2014


Notice of unsafe structure Issued by construction official Specifies required repairs Sets time period for:

Vacation Repair Demolition

Building must be posted

© Carl E. Peters 15711/10/2014


Emergency Measures – In Cases Of Immediate Danger Of Failure Or Collapse Vacate Building Immediately Perform Repairs To Make Building Temporarily

Safe Including Demolition After 24 Hours Notice To

Owner Close Streets Cost Of Emergency Repairs

Paid By Municipality – Recovered From Property Owner

© Carl E. Peters 15911/10/2014

UCC SUBCHAPTER 3 - SUBCODES

5:23-3.1 controls Adoption of subcodes Modification of subcodes Organization of enforcement responsibilities Standards of accepted practice Division of plan review responsibilities State reserved activities

© Carl E. Peters 16011/10/2014

UCC SUBCHAPTER 3SUBCODES

5:23-3.2 This subchapter applies uniformly

throughout the state – no other standards have effect

5:23-3.3 Appropriate subcode official is to enforce

subcode and answer technical questions

© Carl E. Peters 16111/10/2014


5:23-3.4 Division of responsibilities

Plan review Inspection

Where there is joint responsibility for review of a code section and there is a dispute between Subcode Officials, the Construction Official chooses.

© Carl E. Peters 16211/10/2014


5:23-3.5 posting structures Posted use and occupancy Posted occupancy load Emblems for truss construction

F – floor trusses R – roof trusses F/R – both floor and roof trusses

© Carl E. Peters 16311/10/2014


5:23-3.6 Subchapter 3 along with specified model

codes is the primary guide to accepted engineering practice

When the subchapter and national standards are silent, manufacturer’s recommendations may be taken - but may not overrule the code.

© Carl E. Peters 16411/10/2014

UCC SUBCHAPTER 3SUBCODES 5:23-3.7 Alternative Materials,

Equipment Or Methods Of Construction OK If Design And Materials Are

Satisfactory For Intended Use Field Evaluation Label Or Report From A

National Testing Lab Reports From Nationally Recognized

Evaluation Service Programs Applicant Must Supply Sufficient

Technical Data

© Carl E. Peters 16511/10/2014


5:23-3.8 Products violating the code list set forth in (D)

5:23-3.9 Interpretations and opinions Code Interpretations Commissioner’s rulings are binding

Prospective in nature Does not overrule the Subcode Official who

has already ruled

http://www.state.nj.us/dca/divisions/codes/codreg/ucc.html

© Carl E. Peters 16611/10/2014


5:23-3.9 Formal Technical Opinions

Issued By Const. Code Element To Clarify A Code Provision Signed By Asst. Director Binding Upon DCA And Local Agencies Prospective In Nature Does Not Overrule A Decision By A Subcode

Official May Be Considered In Context Of An Appeal

http://www.state.nj.us/dca/divisions/codes/resources/formal_technical_opinions.html

© Carl E. Peters 16711/10/2014


5:23-3.9 Bulletins

Issued by Const. Code Element Advice to agencies, builders and designers Must consult with Code Advisory Board first

Informal Opinions Issued by DCA staff – only in writing if the

request is in writing

http://www.state.nj.us/dca/divisions/codes/resources/bulletins.html

© Carl E. Peters 16811/10/2014

UCC SUBCHAPTER 3SUBCODES 5:23-3.11 Activities Reserved To The

Department Electrical Generating Stations Incineration Plants Solid Waste Disposal Plants Class 1 & 2 Structures If Local Agency Is Not

Authorized Casino Hotels Health Care Facilities Public School Facilities Prototype Plans For Use In More Than One

Municipality

© Carl E. Peters 16911/10/2014

UCC SUBCHAPTER 3SUBCODES 5:23-3.11 Activities Reserved To The

Department (C)- Local Agency May Not Issue Permit Until DCA

Releases Plans If DCA Says A Violation Exists, Locals Can’t Issue

C/O DCA Responsible For Barrier Free Recreation

Standards DCA Responsible For Enforcement Of Playground

Safety Subcode Amusement Rides And Ski Lifts

© Carl E. Peters 17011/10/2014

UCC SUBCHAPTER 3SUBCODES 5:23-3.12 When rules are modified it must

be published in the NJ Register 5:23-3.14 Building Subcode

Establishes IBC 2009 as model code modifies some sections of IBC 2009 5:23-3.14

5:23-3.15 Plumbing Subcode Establishes National Standard Plumbing Code -

2009 as model code Modifies some sections of NSPC 2009

© Carl E. Peters 17111/10/2014

UCC SUBCHAPTER 3SUBCODES 5:23-3.16

Establishes National Electric Code 2008 as the model code

Makes revisions to NEC 2008 5:23-3.17 Fire Protection Subcode 5:23-3.18 Energy Subcode 5:23-3.20 Mechanical Subcode

© Carl E. Peters 17211/10/2014


5:23-3.21 One & Two Family Subcode Detached one or two family dwellings Single Family Townhouses

Group R-5 Not more than 3 stories high

5:23-3.22 Fuel Gas Subcode

© Carl E. Peters 17311/10/2014

UCC SUBCHAPTER 7 -BARRIER FREE SUBCODE

5:23-7.1 Applicability Requires access to sites and buildings

(unless exempted) for occupants, employees, students consumers, spectators, etc.

5:23-7.2 Accessibility Standard Model code ICC/ANSI A117.1- 2003 As modified by Subchapter 7

© Carl E. Peters 17411/10/2014

UCC SUBCHAPTER 7BARRIER FREE SUBCODE

5:23-7.3 EXCEPTIONS Temporary structures and equipment

associated with the construction process Areas of buildings where work cannot be

reasonably performed by people with significant impairment

© Carl E. Peters 17511/10/2014


5:23-7.3 Exceptions Continued Residential Buildings

Townhouses - But Not Townhouses For Which COAH Credit Is Sought – Note Definition Of Townhouse

R-2, R-3, R-4 OR R-5 With Up To 3 Units In A Building

Common Use Facilities Must Be Accessible

© Carl E. Peters 17611/10/2014

UCC SUBCHAPTER 7BARRIER FREE SUBCODE 5:23-7.3 Non-residential use groups and R1

Small Buildings Total gross floor area under 10000 sf One accessible 1st floor entrance Accessible interior building features on all floors On more than 2 story bldg an elevator is

required Public buildings must have elevator Transit buildings must have elevator Offices of health care providers must have

elevator Shopping centers must have elevator

© Carl E. Peters 17711/10/2014


5:23-7.3 Non-residential Use Groups And R-1 Large Buildings

10000 sf or more Elevator required

© Carl E. Peters 17811/10/2014


5:23-7.4 (a) Buildings separated by fire walls with

penetrations intended for human passage shall not constitute separate buildings

Accessible routes shall not pass through kitchens, storage rooms or similar spaces

© Carl E. Peters 17911/10/2014


5:23-7.7 Exterior Accessible Routes Includes parking, curb aisles, curb

ramps, walks or ramps 5:23-7.8 Accessible Building

Entrances 50% must be accessible

© Carl E. Peters 18011/10/2014

UCC SUBCHAPTER 7BARRIER FREE SUBCODE 5:23-7.10 Accessible parking

Must be the closest spaces on the shortest route to an accessible entrance

For buildings with multiple entrances, parking must be dispersed

One of eight spaces must be van accessible

For medical out-patient facilities 10% must be accessible

© Carl E. Peters 18111/10/2014


5:23-7.13 Existing Facilities Must comply with the Rehabilitation

Subcode – Subchapter 6

© Carl E. Peters 18211/10/2014

UCC Subchapter 6 – Rehabilitation Subcode

Applies to work in existing buildings Changing a use in an existing building Additions on existing buildings Based upon type of work done rather

than extent of work

© Carl E. Peters 18511/10/2014


Renovation List of prohibited materials Installation of smoke alarms in R-3 and

R-5 buildings Materials and Methods per 5:23-6.8

© Carl E. Peters 18611/10/2014


Alteration 5:23-6.3 List of prohibited materials Installation of smoke alarms in R-3 and

R-5 buildings Materials and Methods per 5:23-6.8 Alterations involve reconfiguration of a

portion of the building Basic Requirements per 5:23-6.10-6.30

© Carl E. Peters 18711/10/2014


Alteration 5:23-6.3 New Building elements per 5:23-6.9 Accessibility Improvements per 5:23-6.6

(e) and (j)

© Carl E. Peters 18811/10/2014


Reconstruction Extent of work makes it a reconstruction A reconstruction may include repair,

renovation and/or alteration work Reconstruction is triggered when a

project may not be occupied during the work and a new certificate of occupancy is required.

© Carl E. Peters 18911/10/2014


Reconstruction Delineated Work Area

Established by applicant Involves an entire use, primary function

space or tenancy Basic Requirements organized by use

group 5:23 6.12 – 6.28 Supplemental requirements 5:23-6.10 -

6.30

© Carl E. Peters 19011/10/2014


Changes of Use Often but not always requires some

construction Defined by levels of hazard and safety

requirements Parking requirements may change Accessibility requirements may change

© Carl E. Peters 19111/10/2014


Changes of Use Hazard Groups

Basic Requirements - Table B Means of Egress – Table C Enclosure of Vertical Openings – Table E Exposure of Exterior Walls – Table F Automatic Sprinkler Systems – Table G Structural Load Categories – Table K

© Carl E. Peters 19211/10/2014


Additions Required to conform to current codes Work in existing building related to

addition must comply with 5:23-6.33 May not increase any non-conformity in

existing building Historic Buildings 5:23-6.33

© Carl E. Peters 19311/10/2014


Bulletin 98-1 Rehab Code Matrix

http://www.state.nj.us/dca/divisions/codes/publications/pdf_bulletins/b_98-1.pdf

© Carl E. Peters 19411/10/2014

UCC Subchapter 11– Playground Safety Subcode

Play area for six or more children Not athletic playing fields or courts

No UCC permit is required Compliance is the responsibility of the

owner and manager of the facility Complaints not satisfied will be

referred to DCA

© Carl E. Peters 19511/10/2014

Construction Boards of Appeal

Each county must have one Municipalities may have one Hear cases from persons aggrieved

by actions of local enforcing agency per ucc or ufc

County boards hear escrow fee disputes

© Carl E. Peters 19611/10/2014


Membership Plumbing Subcode Official Electrical Subcode Official Architect or Engineer or Building

Subcode Fire Protection Subcode Official Fire Prevention Official

© Carl E. Peters 19711/10/2014


Special Members – County Boards Only PE with site construction experience Builder Serve only for cases involving municipal

or municipal utilities authority fees


Subdivision

"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.

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Subdivision "Major subdivision" means any subdivision not

classified as a minor subdivision. "Minor subdivision" means a subdivision of land for

the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of

which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42).

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Not a subdivision

The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (1) divisions of land found by the

planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size,

(back)

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Not a subdivision

(2) divisions of property by testamentary or intestate provisions,

(3) divisions of property upon court order, including but not limited to judgments of foreclosure,

(4)consolidation of existing lots by deed or other recorded instrument and,

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Not a subdivision (5) the conveyance of one or more

adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.

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Site Plan "Site plan" means a development plan of one or more lots on

which is shown (1) the existing and proposed conditions of the lot, including but not

necessarily limited to topography, vegetation, drainage, flood plains,marshes and waterways,

(2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and

(3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board adopted pursuant to article 6 of this act.

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Site Plan "Minor site plan" means a development plan of one

or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. (Back)

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Conditional Use Authorization

"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board. (Back)

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Variance

"Variance" means permission to depart from the literal requirements of a zoning ordinance pursuant to section 47 and subsection 29.2b., 57c. and 57d. of this act.

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Bulk Variances per NJSA 40:55D-70 c

C(1) – Hardship C(2) – Flexible

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© Carl E. Peters 20911/10/2014

Carl E Peters, PE, PLS, PP, CO4525 Route 27Princeton, NJ 08540,[email protected]

mailto:[email protected]

11/10/2014© Carl E. Peters1 New Jersey Uniform Construction Code and an Introduction to the...

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