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11/10/2014© Carl E. Peters1 New Jersey Uniform Construction Code and an Introduction to the Municipal Land Use Law New Jersey Society of Municipal Engineers CME Program Nov. 13, 2014 Carl E. Peters, PE, PLS, PP, CO
11/10/2014© Carl E. Peters2 Carl E Peters, PE, PLS, PP, CO 4525 Route 27 Princeton, NJ 08540,
11/10/2014© Carl E. Peters3 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
11/10/2014© Carl E. Peters4 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
11/10/2014© Carl E. Peters5 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
Why Do CME’s Need To Know This? Possible Employment Opportunities Follow the laws of professional practice 11/10/2014© Carl E. Peters6
11/10/2014© Carl E. Peters7 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
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 11/10/2014© Carl E. Peters8
The Conditions DescriptionRequiredProposed Minimum Lot Area80,000 sf90,000 sf Width250 lf300 lf (200 lf exist) Depth250 lf300 lf Front Yard Setback50 lf60’ Side Yard Setback25 lf40’ Rear Yard Setback25 lf190 lf Max. Building Area25,000 sf15,000 sf Max. Lot Coverage20%5.6% Max. Building Height35’37’ Parking Spaces1 per 300 sf comm. Residential per RSIS 38 11/10/2014© Carl E. Peters9
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? 11/10/2014© Carl E. Peters10
How long will it take before the construction can begin? 0 – 6 months 6 – 12 months 13 – 18 months months Greater than 2 years 11/10/2014© Carl E. Peters11
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 11/10/2014© Carl E. Peters12
11/10/2014© Carl E. Peters13 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? 11/10/2014© Carl E. Peters14
Planning and Zoning What are they? How are they implemented? How do they affect your project? 11/10/2014© Carl E. Peters15
11/10/2014© Carl E. Peters16 NJ Uniform Construction Code When Permits Are Required What Codes to Follow for Design How to File a UCC Permit Application Required Inspections Certificates of Occupancy Prior Approvals
11/10/2014© Carl E. Peters17 NJ Uniform Construction Code Requirements for Existing Buildings Types of Enforcing Agencies Barrier Free Code Requirements Playground Safety Requirements Penalties Variations and Appeals
11/10/2014© Carl E. Peters18 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? 11/10/2014© Carl E. Peters19
11/10/2014© Carl E. Peters20 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 11/10/2014© Carl E. Peters21
11/10/2014© Carl E. Peters22 Definitions and Abbreviations DCA – NJ Department of Community Affairs – Division of Codes and StandardsNJ Department of Community Affairs – Division of Codes and Standards MLUL – NJ Municipal Land Use Law RSIS – Residential Site Improvements StandardsResidential Site Improvements Standards
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 11/10/2014© Carl E. Peters23
11/10/2014© Carl E. Peters24 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 Effective August 1, 1976 Uniform Construction Code Act Code Effective January 1, 1977
11/10/2014© Carl E. Peters25 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
11/10/2014© Carl E. Peters26 Getting a Project Started What do we know first? Who? What? When? Where? How?
11/10/2014© Carl E. Peters27 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.
11/10/2014© Carl E. Peters28 Planning and Zoning New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq[A1] 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 NJPONJPO
11/10/2014© Carl E. Peters29 Municipal Land Use Bodies Governing Body Planning Board Zoning Board of Adjustment
11/10/2014© Carl E. Peters30 Governing Body – Who Are They? Elected Municipal Legislative Body NJ Forms of Municipal Government See government.htmlhttp://www.njslom.org/forms-of- government.html
11/10/2014© Carl E. Peters31 Governing Body - Responsibilities Board Appointments Create Ordinances Enforcement Establish Fees Hear appeals For approval of type (d) variances only Only if specified by ordinance
11/10/2014© Carl E. Peters32 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)
11/10/2014© Carl E. Peters33 Planning Board Responsibilities Prepare Master Plan Subdivision Control Subdivision Site Plan Review Site Plan One and two family dwellings are exempt Zoning Ordinance Bulk Variances per NJSA 40:55D-70 c Conditional Use Authorization Conditional Use Permission to build on lot w/o street frontage
11/10/2014© Carl E. Peters34 Zoning Board of Adjustment Who Are They? Seven Municipal Residents May not hold any other municipal position
11/10/2014© Carl E. Peters35 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
11/10/2014© Carl E. Peters36 Zoning Board Responsibilities 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.
11/10/2014© Carl E. Peters37 Zoning Board Responsibilities 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
11/10/2014© Carl E. Peters38 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
11/10/2014© Carl E. Peters39 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.
11/10/2014© Carl E. Peters40 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:NJSA 45:4B-1, et seq Design that may be performed by an architect, and; Design that may be performed by an engineer.
11/10/2014© Carl E. Peters41 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
11/10/2014© Carl E. Peters42 Legal Issues It’s probably time to hire an attorney if you haven’t already Prepare Lease or Purchase Agreement Make conditional upon receipt of approvals
11/10/2014© Carl E. Peters43 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
11/10/2014© Carl E. Peters44 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
11/10/2014© Carl E. Peters45 Site Plan and Major Subdivision Approval Division of Responsibilities NJAC 13:40 – 7.1 et seq. sregs.pdf sregs.pdf Checklist Requirements Per Municipal Ordinance Which Board has Jurisdiction?
Site Plan and Major Subdivision Approval 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. 11/10/2014© Carl E. Peters46
Site Plan and Major Subdivision Approval 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 11/10/2014© Carl E. Peters47
Site Plan and Major Subdivision Approval 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 11/10/2014© Carl E. Peters48
Site Plan and Major Subdivision Approval 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 11/10/2014© Carl E. Peters49
Site Plan and Major Subdivision Approval 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 11/10/2014© Carl E. Peters50
Residential Site Improvements Standards 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 11/10/2014© Carl E. Peters51
Residential Site Improvements Standards shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer in connection with residential development. streets, roads, parking facilities, sidewalks, drainage structures, grading, water supply and sanitary sewers 11/10/2014© Carl E. Peters52
Residential Site Improvements Standards 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 11/10/2014© Carl E. Peters53
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 Release 11/10/2014© Carl E. Peters54
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? 11/10/2014© Carl E. Peters55
Final Building Design and Plan Approval The short answers are: 11/10/2014© Carl E. Peters56
11/10/2014© Carl E. Peters57 Who may prepare plans? Registered Architect Professional Engineer in accordance with Building Design Services Act IBC Use and Occupancy Classifications IBC Use and Occupancy Classifications Licensed Electrician – Class 3 Buildings Licensed Master Plumber – Class 3 Buildings Homeowner – for owner occupied, single family, detached dwellings
11/10/2014© Carl E. Peters58 What Laws and Regulations Control Building Design? NJ Construction Code Act NJ Uniform Construction Code NJ Uniform Construction Code NJ Uniform Construction Code defines the model codes to be used in NJmodel codes Note: The State of New Jersey makes its own modifications to the model codes
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? 11/10/2014© Carl E. Peters59
11/10/2014© Carl E. Peters60 What do I need to submit? Two sets of plans and specifications Buff File Jacket with certifications Buff File Jacket with certifications Building Technical Form Building Technical Form Electrical Technical Form Electrical Technical Form Plumbing Technical Form Plumbing Technical Form Fire Protection Technical Form Fire Protection Technical Form Mechanical Technical Form Elevator Technical Form Other
11/10/2014© Carl E. Peters61 Obtain Prior Approvals Zoning Water Supply Sewage Disposal Electric Service Gas Service Street Opening Other
11/10/2014© Carl E. Peters62 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 11/10/2014© Carl E. Peters63
11/10/2014© Carl E. Peters64 Inspections During Construction Footings Foundation Location Survey by PLS Framing Insulation Rough and Final Plumbing and Electric Final
11/10/2014© Carl E. Peters65 Request Certificate of Occupancy Obtain Form - Request for CertificateRequest 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.
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 11/10/2014© Carl E. Peters66
The Rest of the Story 11/10/2014© Carl E. Peters67
11/10/2014© Carl E. Peters68 CONSTRUCTION CODE ACT The Statute creating a statewide construction code Effect of Code Promulgation All other local regulations are superseded All other local regulations are superseded Does not invalidate local zoning ordinances Does not invalidate local zoning ordinances Does not invalidate local licensing of construction trades Does not invalidate local licensing of construction trades Unless already licensed by State
11/10/2014© Carl E. Peters69 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
11/10/2014© Carl E. Peters70 Regulations Administrative Code Created by Commissioner Augments the statute May not contradict the statute May not contradict the statute
11/10/2014© Carl E. Peters71 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
11/10/2014© Carl E. Peters72 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
11/10/2014© Carl E. Peters73 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 With guidance from Code Advisory Board
11/10/2014© Carl E. Peters74 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
11/10/2014© Carl E. Peters75 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
11/10/2014© Carl E. Peters76 Subchapter 1 – General Provisions Intent and Purpose Encourage innovation and economy in construction Encourage innovation and economy in construction Provide standards for construction and materials in conformance with nationally recognized standards Provide standards for construction and materials in conformance with nationally recognized standards Performance is the test for acceptability Performance is the test for acceptability Permit use of modern methods of construction Permit use of modern methods of construction Eliminate restrictive, obsolete, conflicting and unnecessary regulations Eliminate restrictive, obsolete, conflicting and unnecessary regulations Eliminate duplication of effort and fees in plan review and inspection Eliminate duplication of effort and fees in plan review and inspection
11/10/2014© Carl E. Peters77 Subchapter 1 – General Provisions Important Definitions Alteration Alteration Building Building Building Subcode Official Building Subcode Official Certificate of Continued Occupancy Certificate of Continued Occupancy Certificate of Occupancy Certificate of Occupancy Construction Permit Construction Permit Department Department
11/10/2014© Carl E. Peters78 Subchapter 1 – General Provisions Important Definitions (cont’d) Enforcing Agency Enforcing Agency Maintenance Maintenance Minor work Minor work Ordinary Maintenance Ordinary Maintenance Owner Owner Plans and Specifications Plans and Specifications Primary Function Space Primary Function Space
11/10/2014© Carl E. Peters79 Subchapter 1 – General Provisions Important Definitions (cont’d) Prior Approvals Prior Approvals Private on-site Inspection and plan review agency Private on-site Inspection and plan review agency Reconstruction Reconstruction Rehabilitation Rehabilitation Renovation Renovation Repair Repair Small Job Small Job
11/10/2014© Carl E. Peters80 Subchapter 1 – General Provisions Important Definitions (cont’d) Stop Construction Order Stop Construction Order Tenancy Tenancy Use Use
11/10/2014© Carl E. Peters81 Subchapter 1 – General Provisions Effective Date January 1, 1977 January 1, 1977 No other codes are in effect No other codes are in effect Grace Period Six Months After A Subcode Revision Six Months After A Subcode Revision Complete Application All Prior Approvals Met
11/10/2014© Carl E. Peters82 NJ UNIFORM CONSTRUCTION CODE Subchapter 4 – Enforcing Agencies; Duties; Powers; Procedures
11/10/2014© Carl E. Peters83 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: 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
11/10/2014© Carl E. Peters84 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: ESTABLISHING MUNICIPAL AGENCY CERTIFIED NOTICE GIVEN TO DCA CERTIFIED NOTICE GIVEN TO DCA RESOLUTION BY GOVERNING BODY RESOLUTION BY GOVERNING BODY STAFF OR PRIVATE AGENCIES STAFF OR PRIVATE AGENCIES WHO WILL HEAR APPEALS WHO WILL HEAR APPEALS IF LOCALS DON’T WANT TO ENFORCE, DCA WILL IF LOCALS DON’T WANT TO ENFORCE, DCA WILL ENFORCING AGENCY MUST BE ESTABLISHED BY ORDINANCE ENFORCING AGENCY MUST BE ESTABLISHED BY ORDINANCE ORDINANCE ESTABLISHES POSITIONS ORDINANCE SETS FEES
11/10/2014© Carl E. Peters85 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: CONTINUED DEPARTMENTAL INTERVENTION DEPARTMENTAL INTERVENTION IF LOCALS AREN’T DOING JOB DCA SENDS NOTICE TO GOVERNING BODY GOVERNING BODY CONSTRUCTION OFFICIAL CONSTRUCTION OFFICIAL ADMINISTRATOR/MANAGER ADMINISTRATOR/MANAGER DCA COULD DISSOLVE LOCAL AGENCY DCA CAN SUPPLANT A LOCAL AGENCY FOR A SPECIFIC PROJECT
11/10/2014© Carl E. Peters86 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5:23-4.3A Enforcing Agency Classification RCS – Class 3 RCS – Class 3 ICS – Class 2 ICS – Class 2 HHS – Class 1 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 Determined by the highest class of structure for which the lowest level Subcode Official or the Construction Official is authorized to review plans
11/10/2014© Carl E. Peters87 UCC SUBCHAPTER 4 ENFORCING AGENCIES 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 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
11/10/2014© Carl E. Peters88 IBC Use Groups – Chapter 3 Assembly Business Educational Factory and Industrial High Hazard Institutional Mercantile Residential Storage Utility and Miscellaneous
11/10/2014© Carl E. Peters89 Building Design Services Act NJSA 45B:7 Identifies which categories of buildings, or portions of buildings may be designed by a Professional Engineer 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” Architects may design any use group, except “Engineering Works” Based upon Building Code Use Groups Based upon Building Code Use Groups
11/10/2014© Carl E. Peters90 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: 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) 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)
11/10/2014© Carl E. Peters91 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: Municipal Agency Organization Subcode Official – Subcode Official – Exclusive decision making authority for the technical provisions of his Subcode. Municipality may contract with private agencies for Subcode Official services Inspectors Inspectors Technical Assistant Technical Assistant
11/10/2014© Carl E. Peters92 UCC SUBCHAPTER 4 ENFORCING AGENCIES N.J.A.C. 5: Filing System Required Filing System Required Standard Forms Standard Forms
11/10/2014© Carl E. Peters93 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: Private On-site agencies May hire inspectors or Subcode Officials part time May hire inspectors or Subcode Officials part time A Municipal Construction Official may not be hired by a Private Agency A Municipal Construction Official may not be hired by a Private Agency
11/10/2014© Carl E. Peters94 UCC SUBCHAPTER 4 ENFORCING AGENCIES 5: Municipal Agency Fees Set by ordinance Set by ordinance Construction Official must prepare Annual Report of receipts and expenses 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 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
11/10/2014© Carl E. Peters95 UCC SUBCHAPTER 4 ENFORCING AGENCIES State Enforcing Agencies Bureau Of Local Code Enforcement Bureau Of Local Code Enforcement Enforces UCC In Municipalities That Have Chosen Not To Have A Local Agency
11/10/2014© Carl E. Peters96 NJ UNIFORM CONSTRUCTION CODE Subchapter 5 – Licensing of Code Enforcement Officials
11/10/2014© Carl E. Peters97 Subchapter 5 – Licensing of Code Enforcement Officials 5: Types Of Licenses Inspectors Building Inspectors have HHS, ICS, RCS the other Subcodes only have ICS and HHS 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 License level indicates plan review authority – All inspectors are allowed to inspect all types of buildings
11/10/2014© Carl E. Peters98 Subchapter 5 – Licensing of Code Enforcement Officials 5: (a) 4. -Special Inspectors Structural Welding Structural Welding Structural Steel And Bolting Structural Steel And Bolting Concrete Placement Concrete Placement Reinforced Concrete Reinforced Concrete Prestressed Concrete Prestressed Concrete Structural Masonry Structural Masonry Spray Applied Fire Proofing Spray Applied Fire Proofing Exterior Insulation Finish Systems Exterior Insulation Finish Systems
11/10/2014© Carl E. Peters99 Subchapter 5 – Licensing of Code Enforcement Officials 5: Construction Official Requirements Hold at least one Subcode License Hold at least one Subcode License Experience Per NJSA 52:27d-126b Experience Per NJSA 52:27d-126b Complete an approved CO Training Course Complete an approved CO Training Course
11/10/2014© Carl E. Peters100 Subchapter 5 – Licensing of Code Enforcement Officials 5: Subcode Official Requirements Have A Technical Inspector License Have A Technical Inspector License Complete a Subcode Training Program Complete a Subcode Training Program Experience 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
11/10/2014© Carl E. Peters101 Subchapter 5 – Licensing of Code Enforcement Officials 5: Revocation Of Licenses Violated UCC Violated UCC Got license through fraud Got license through fraud Gross Negligence Gross Negligence Failed to report an offer of a bribe or favor Failed to report an offer of a bribe or favor Has failed to comply with an order of the department Has failed to comply with an order of the department
11/10/2014© Carl E. Peters102 NJ UNIFORM CONSTRUCTION CODE SUBCHAPTER 2 – ADMINISTRATION AND ENFORCEMENT; PROCESS
11/10/2014© Carl E. Peters103 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
11/10/2014© Carl E. Peters104 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
11/10/2014© Carl E. Peters105 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
11/10/2014© Carl E. Peters106 5:23 – 2.3 Applicability Applies to all construction performed after the date of the regulations
11/10/2014© Carl E. Peters107 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
11/10/2014© Carl E. Peters108 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
11/10/2014© Carl E. Peters109 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 A change of use may be defined differently in the zoning code than in the UCC
11/10/2014© Carl E. Peters110 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 Cutting of wall or partition Removal or cutting a beam or bearing support Removal or cutting a beam or bearing support Change or removal of a means of egress Change or removal of a means of egress Work affecting fire or structural safety Work affecting fire or structural safety Work that will increase building non-conformity Work that will increase building non-conformity
11/10/2014© Carl E. Peters111 5:23 – 2.7 Ordinary Maintenance Does not include Addition, Alteration, Replacement Or Relocation Of: Addition, Alteration, Replacement Or Relocation Of: Standpipe Water, Sewer, Gas, Drainage
11/10/2014© Carl E. Peters112 5:23 – 2.8 Installation of Equipment Equipment may not be used until a certificate of occupancy or certificate of approval is issued
11/10/2014© Carl E. Peters113 5:23 – 2.9 Variations and Exceptions May be granted when: Strict compliance would result in practical difficulty Strict compliance would result in practical difficulty An exception, if granted will not jeopardize the health, safety and welfare of occupants and the public An exception, if granted will not jeopardize the health, safety and welfare of occupants and the public
11/10/2014© Carl E. Peters114 5:23 – 2.10 Applications for Variations Must be filed in writing and state: Code requirement from which a variation is sought Code requirement from which a variation is sought How strict compliance would result in practical difficulties How strict compliance would result in practical difficulties Nature of difficulty Nature of difficulty Feasible alternative which adequately protects health, safety and welfare Feasible alternative which adequately protects health, safety and welfare
11/10/2014© Carl E. Peters115 5:23 – 2.11 Review of Variation Applications Time for review: 20 days Considered denied if not acted upon
11/10/2014© Carl E. Peters116 5:23 – 2.12 Final Decision on Variations Determination is made by appropriate Subcode Official
11/10/2014© Carl E. Peters117 5:23 – 2.13 Authority to Grant Variations The agency with plan review responsibility has sole authority to grant variations
11/10/2014© Carl E. Peters118 5:23 – 2.14 Construction Permits – Where Required Must apply for and receive a permit prior to starting construction, except: ordinary repairs ordinary repairs minor work minor work emergency work emergency work some temporary structures some temporary structures garden type sheds under 100 sq. ft. in area and less than 10’ high garden type sheds under 100 sq. ft. in area and less than 10’ high fences 6’ or less in height fences 6’ or less in height
11/10/2014© Carl E. Peters119 5:23 – 2.14 Construction Permits – Where Required Permits required for retaining walls – or a series of walls Total height of 4’ or greater Total height of 4’ or greater Wall less than 4’ impacting a foundation 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
11/10/2014© Carl E. Peters120 5:23 – 2.15 Construction Permits - Application Standard Forms Buff Jacket Buff Jacket Certifications Owner Owner Homeowner’s Warranty Plan Preparation Perform or Supervise Building & Fire Perform Plumbing & Electrical Prior Approvals
11/10/2014© Carl E. Peters121 5:23 – 2.15 Construction Permits - Application Standard Forms Buff Jacket Buff Jacket Certifications Agent Agent Homeowner Authorization Prior Approvals Taxation
11/10/2014© Carl E. Peters122 5:23 – 2.15 Construction Permits - Application Standard Forms Technical Sections Technical Sections Building Electrical Fire Plumbing Elevator Mechanical
11/10/2014© Carl E. Peters123 5:23 – 2.15 Construction Permits - Application Description of proposed work Use group classification Type of construction Building area and volume Fixture counts Cost estimate Certification of prior approvals
11/10/2014© Carl E. Peters124 5:23 – 2.15 Construction Permits - Application 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
11/10/2014© Carl E. Peters125 5:23 – 2.15 Construction Permits - Application Separate application required for each building Application may be made by owner or his agent – contractor, engineer architect, etc.
11/10/2014© Carl E. Peters126 5:23 – 2.15 Construction Permits - Application 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
11/10/2014© Carl E. Peters127 5:23 – 2.15 Construction Permits - Application Site diagram In accordance with accurate boundary survey Show existing and proposed structures and structures to be demolished Protection of adjacent structures
11/10/2014© Carl E. Peters128 5:23 – 2.15 Construction Permits - Application 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
11/10/2014© Carl E. Peters129 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
11/10/2014© Carl E. Peters130 5:23 – 2.16 Construction Permits - Procedure Suspension of permit Invalid if work doesn’t commence within 12 months Invalid if work is suspended or abandoned for six months after commencement
11/10/2014© Carl E. Peters131 5:23 – 2.16 Construction Permits - Procedure 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
11/10/2014© Carl E. Peters132 5:23 – 2.16 Construction Permits - Procedure 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
11/10/2014© Carl E. Peters133 5:23 – 2.17 Demolition or Removal of Structures Releases from utilities Notices to adjoining owners
11/10/2014© Carl E. Peters134 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
11/10/2014© Carl E. Peters135 5:23 – 2.18 Inspections During progress of work Where work must cease Where work must cease Bottom of footings Foundation walls prior to backfilling Foundation location survey required for new construction Foundation location survey required for new construction Utility services Structural framing, connections, wall and roof sheathing and insulation
11/10/2014© Carl E. Peters136 5:23 – 2.18 Inspections During progress of work Where work must cease Where work must cease Rough electrical –wiring, panel and service Rough plumbing – piping Mid point building inspections must include compliance with barrier free subcode Mid point building inspections must include compliance with barrier free subcode
11/10/2014© Carl E. Peters137 5:23 – 2.18 Inspections 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
11/10/2014© Carl E. Peters138 5:23 – 2.19 Special Technical Services Reports from professional engineer or registered architect Provided at applicant’s expense Provided at applicant’s expense Site investigation Site investigation Structural analysis Structural analysis Building systems analysis Building systems analysis
11/10/2014© Carl E. Peters139 5:23 – 2.20 Tests and Special Inspections
11/10/2014© Carl E. Peters140 5:23 – 2.21 Construction Control
11/10/2014© Carl E. Peters141 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
11/10/2014© Carl E. Peters142 5:23 – 2.23 Certificate Requirements Temporary Certificate of Occupancy Bulletin 01-02
11/10/2014© Carl E. Peters143 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
11/10/2014© Carl E. Peters144 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
11/10/2014© Carl E. Peters145 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
11/10/2014© Carl E. Peters146 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
11/10/2014© Carl E. Peters147 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
11/10/2014© Carl E. Peters148 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 Issued when a violation of regulations, permit or certificate exists Citation of section violated Citation of section violated Time to correct Time to correct Penalty assessed, if any Penalty assessed, if any
11/10/2014© Carl E. Peters149 5:23 – 2.31 Compliance Penalties issued for: Violations of the act or regulations Violations of the act or regulations Performing construction in violation of a condition of a permit Performing construction in violation of a condition of a permit Failing to comply with an order Failing to comply with an order Making a false or misleading statement Making a false or misleading statement Refusing entry or interfering with an inspection Refusing entry or interfering with an inspection
11/10/2014© Carl E. Peters150 5:23 – 2.31 Compliance Failing to obey an order Stop construction Stop construction Each day is a separate offense Others Others Each week is a separate offense Construction in violation of a building permit condition Each violation is a separate offense Each violation is a separate offense
11/10/2014© Carl E. Peters151 5:23 – 2.31 Compliance 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 obtain a construction permit Failure to request required inspections Failure to request required inspections Occupying without a certificate of occupancy Occupying without a certificate of occupancy
11/10/2014© Carl E. Peters152 5:23 – 2.31 Compliance Stop Construction Order Must Be In Writing Must Be In Writing State The Reasons For Issuance State The Reasons For Issuance Establish Condition For Resuming Construction Establish Condition For Resuming Construction
11/10/2014© Carl E. Peters153 5:23 – 2.31 Compliance Penalty amounts Failure to comply with an order 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 Failure to obtain a permit or occupying without a certificate of occupancy Up to $2000 per violation
11/10/2014© Carl E. Peters154 5:23 – 2.31 Compliance Penalty amounts Failure to comply with a stop construction order Failure to comply with a stop construction order Up to $2000 per violation Making a false or misleading statement Making a false or misleading statement Up to $2000 per violation All other violations All other violations Up to $500 per violation
11/10/2014© Carl E. Peters155 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 Shall be made safe, or Taken down Taken down
11/10/2014© Carl E. Peters156 5:23 – 2.32 Unsafe Structures Notice of unsafe structure Issued by construction official Issued by construction official Specifies required repairs Specifies required repairs Sets time period for: Sets time period for: Vacation Repair Demolition Building must be posted Building must be posted
11/10/2014© Carl E. Peters157 5:23 – 2.32 Unsafe Structures Emergency Measures – In Cases Of Immediate Danger Of Failure Or Collapse Vacate Building Immediately Vacate Building Immediately Perform Repairs To Make Building Temporarily Safe Perform Repairs To Make Building Temporarily Safe Including Demolition After 24 Hours Notice To Owner Close Streets Close Streets Cost Of Emergency Repairs Cost Of Emergency Repairs Paid By Municipality – Recovered From Property Owner
11/10/2014© Carl E. Peters158 5:23 – 2.33 Service of Notice
11/10/2014© Carl E. Peters159 UCC SUBCHAPTER 3 - SUBCODES 5: controls Adoption of subcodes Adoption of subcodes Modification of subcodes Modification of subcodes Organization of enforcement responsibilities Organization of enforcement responsibilities Standards of accepted practice Standards of accepted practice Division of plan review responsibilities Division of plan review responsibilities State reserved activities State reserved activities
11/10/2014© Carl E. Peters160 UCC SUBCHAPTER 3 SUBCODES 5: This subchapter applies uniformly throughout the state – no other standards have effect This subchapter applies uniformly throughout the state – no other standards have effect 5: Appropriate subcode official is to enforce subcode and answer technical questions Appropriate subcode official is to enforce subcode and answer technical questions
11/10/2014© Carl E. Peters161 UCC SUBCHAPTER 3 SUBCODES 5: Division of responsibilities 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. Where there is joint responsibility for review of a code section and there is a dispute between Subcode Officials, the Construction Official chooses.
11/10/2014© Carl E. Peters162 UCC SUBCHAPTER 3 SUBCODES 5: posting structures Posted use and occupancy Posted use and occupancy Posted occupancy load Posted occupancy load Emblems for truss construction Emblems for truss construction F – floor trusses R – roof trusses F/R – both floor and roof trusses
11/10/2014© Carl E. Peters163 UCC SUBCHAPTER 3 SUBCODES 5: Subchapter 3 along with specified model codes is the primary guide to accepted engineering practice 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. When the subchapter and national standards are silent, manufacturer’s recommendations may be taken - but may not overrule the code.
11/10/2014© Carl E. Peters164 UCC SUBCHAPTER 3 SUBCODES 5: Alternative Materials, Equipment Or Methods Of Construction OK If Design And Materials Are Satisfactory For Intended Use 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 Applicant Must Supply Sufficient Technical Data
11/10/2014© Carl E. Peters165 UCC SUBCHAPTER 3 SUBCODES 5: Products violating the code list set forth in (D) list set forth in (D) 5: Interpretations and opinions Code Interpretations Code Interpretations Code Interpretations Code Interpretations Commissioner’s rulings are binding Commissioner’s rulings are binding Prospective in nature Does not overrule the Subcode Official who has already ruled
11/10/2014© Carl E. Peters166 UCC SUBCHAPTER 3 SUBCODES 5: Formal Technical Opinions Formal Technical Opinions Formal Technical Opinions 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 May Be Considered In Context Of An Appeal
11/10/2014© Carl E. Peters167 UCC SUBCHAPTER 3 SUBCODES 5: Bulletins Bulletins Bulletins Issued by Const. Code Element Advice to agencies, builders and designers Must consult with Code Advisory Board first Informal Opinions Informal Opinions Issued by DCA staff – only in writing if the request is in writing
11/10/2014© Carl E. Peters168 UCC SUBCHAPTER 3 SUBCODES 5: Activities Reserved To The Department Electrical Generating Stations Electrical Generating Stations Incineration Plants Incineration Plants Solid Waste Disposal Plants Solid Waste Disposal Plants Class 1 & 2 Structures If Local Agency Is Not Authorized Class 1 & 2 Structures If Local Agency Is Not Authorized Casino Hotels Casino Hotels Health Care Facilities Health Care Facilities Public School Facilities Public School Facilities Prototype Plans For Use In More Than One Municipality Prototype Plans For Use In More Than One Municipality
11/10/2014© Carl E. Peters169 UCC SUBCHAPTER 3 SUBCODES 5: Activities Reserved To The Department (C)- Local Agency May Not Issue Permit Until DCA Releases Plans (C)- Local Agency May Not Issue Permit Until DCA Releases Plans If DCA Says A Violation Exists, Locals Can’t Issue C/O If DCA Says A Violation Exists, Locals Can’t Issue C/O DCA Responsible For Barrier Free Recreation Standards DCA Responsible For Barrier Free Recreation Standards DCA Responsible For Enforcement Of Playground Safety Subcode DCA Responsible For Enforcement Of Playground Safety Subcode Amusement Rides And Ski Lifts Amusement Rides And Ski Lifts
11/10/2014© Carl E. Peters170 UCC SUBCHAPTER 3 SUBCODES 5: When rules are modified it must be published in the NJ Register 5: Building Subcode Establishes IBC 2009 as model code Establishes IBC 2009 as model code modifies some sections of IBC : modifies some sections of IBC : 5: Plumbing Subcode Establishes National Standard Plumbing Code as model code Establishes National Standard Plumbing Code as model code Modifies some sections of NSPC 2009 Modifies some sections of NSPC 2009
11/10/2014© Carl E. Peters171 UCC SUBCHAPTER 3 SUBCODES 5: Establishes National Electric Code 2008 as the model code Establishes National Electric Code 2008 as the model code Makes revisions to NEC 2008 Makes revisions to NEC 2008 5: Fire Protection Subcode 5: Energy Subcode 5: Mechanical Subcode
11/10/2014© Carl E. Peters172 UCC SUBCHAPTER 3 SUBCODES 5: One & Two Family Subcode Detached one or two family dwellings Detached one or two family dwellings Single Family Townhouses Single Family Townhouses Group R-5 Not more than 3 stories high 5: Fuel Gas Subcode
11/10/2014© Carl E. Peters173 UCC SUBCHAPTER 7 - BARRIER FREE SUBCODE 5: Applicability Requires access to sites and buildings (unless exempted) for occupants, employees, students consumers, spectators, etc. Requires access to sites and buildings (unless exempted) for occupants, employees, students consumers, spectators, etc. 5: Accessibility Standard Model code ICC/ANSI A Model code ICC/ANSI A As modified by Subchapter 7 As modified by Subchapter 7
11/10/2014© Carl E. Peters174 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: EXCEPTIONS Temporary structures and equipment associated with the construction process Temporary structures and equipment associated with the construction process Areas of buildings where work cannot be reasonably performed by people with significant impairment Areas of buildings where work cannot be reasonably performed by people with significant impairment
11/10/2014© Carl E. Peters175 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Exceptions Continued Residential Buildings 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
11/10/2014© Carl E. Peters176 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Non-residential use groups and R1 Small Buildings Small Buildings Total gross floor area under 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
11/10/2014© Carl E. Peters177 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Non-residential Use Groups And R-1 Large Buildings Large Buildings sf or more Elevator required
11/10/2014© Carl E. Peters178 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: (a) Buildings separated by fire walls with penetrations intended for human passage shall not constitute separate buildings 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 Accessible routes shall not pass through kitchens, storage rooms or similar spaces
11/10/2014© Carl E. Peters179 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Exterior Accessible Routes Includes parking, curb aisles, curb ramps, walks or ramps Includes parking, curb aisles, curb ramps, walks or ramps 5: Accessible Building Entrances 50% must be accessible 50% must be accessible
11/10/2014© Carl E. Peters180 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Accessible parking Must be the closest spaces on the shortest route to an accessible entrance Must be the closest spaces on the shortest route to an accessible entrance For buildings with multiple entrances, parking must be dispersed For buildings with multiple entrances, parking must be dispersed One of eight spaces must be van accessible One of eight spaces must be van accessible For medical out-patient facilities 10% must be accessible For medical out-patient facilities 10% must be accessible
11/10/2014© Carl E. Peters181 UCC SUBCHAPTER 7 BARRIER FREE SUBCODE 5: Existing Facilities Must comply with the Rehabilitation Subcode – Subchapter 6 Must comply with the Rehabilitation Subcode – Subchapter 6
11/10/2014© Carl E. Peters182 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
11/10/2014© Carl E. Peters183 UCC Subchapter 6 – Rehabilitation Subcode Repair Renovation Alteration Reconstruction Change of Use Additions
11/10/2014© Carl E. Peters184 UCC Subchapter 6 – Rehabilitation Subcode Repair 5: List of prohibited materials List of prohibited materials May or may not require a permit May or may not require a permit
11/10/2014© Carl E. Peters185 UCC Subchapter 6 – Rehabilitation Subcode Renovation List of prohibited materials List of prohibited materials Installation of smoke alarms in R-3 and R-5 buildings Installation of smoke alarms in R-3 and R-5 buildings Materials and Methods per 5: Materials and Methods per 5:23-6.8
11/10/2014© Carl E. Peters186 UCC Subchapter 6 – Rehabilitation Subcode Alteration 5: List of prohibited materials List of prohibited materials Installation of smoke alarms in R-3 and R-5 buildings Installation of smoke alarms in R-3 and R-5 buildings Materials and Methods per 5: Materials and Methods per 5: Alterations involve reconfiguration of a portion of the building Alterations involve reconfiguration of a portion of the building Basic Requirements per 5: Basic Requirements per 5:
11/10/2014© Carl E. Peters187 UCC Subchapter 6 – Rehabilitation Subcode Alteration 5: New Building elements per 5: New Building elements per 5: Accessibility Improvements per 5: (e) and (j) Accessibility Improvements per 5: (e) and (j)
11/10/2014© Carl E. Peters188 UCC Subchapter 6 – Rehabilitation Subcode Reconstruction Extent of work makes it a reconstruction Extent of work makes it a reconstruction A reconstruction may include repair, renovation and/or alteration work 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. Reconstruction is triggered when a project may not be occupied during the work and a new certificate of occupancy is required.
11/10/2014© Carl E. Peters189 UCC Subchapter 6 – Rehabilitation Subcode Reconstruction Delineated Work Area Delineated Work Area Established by applicant Involves an entire use, primary function space or tenancy Basic Requirements organized by use group 5: – 6.28 Basic Requirements organized by use group 5: – 6.28 Supplemental requirements 5: Supplemental requirements 5:
11/10/2014© Carl E. Peters190 UCC Subchapter 6 – Rehabilitation Subcode Changes of Use Often but not always requires some construction Often but not always requires some construction Defined by levels of hazard and safety requirements Defined by levels of hazard and safety requirements Parking requirements may change Parking requirements may change Accessibility requirements may change Accessibility requirements may change
11/10/2014© Carl E. Peters191 UCC Subchapter 6 – Rehabilitation Subcode Changes of Use Hazard Groups 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
11/10/2014© Carl E. Peters192 UCC Subchapter 6 – Rehabilitation Subcode Additions Required to conform to current codes Required to conform to current codes Work in existing building related to addition must comply with 5: Work in existing building related to addition must comply with 5: May not increase any non-conformity in existing building May not increase any non-conformity in existing building Historic Buildings 5:
11/10/2014© Carl E. Peters193 UCC Subchapter 6 – Rehabilitation Subcode Bulletin 98-1 Bulletin 98-1 Bulletin 98-1 Rehab Code Matrix Rehab Code Matrix
11/10/2014© Carl E. Peters194 UCC Subchapter 11– Playground Safety Subcode Play area for six or more children Not athletic playing fields or courts 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
11/10/2014© Carl E. Peters195 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
11/10/2014© Carl E. Peters196 Construction Boards of Appeal Membership Plumbing Subcode Official Plumbing Subcode Official Electrical Subcode Official Electrical Subcode Official Architect or Engineer or Building Subcode Architect or Engineer or Building Subcode Fire Protection Subcode Official Fire Protection Subcode Official Fire Prevention Official Fire Prevention Official
11/10/2014© Carl E. Peters197 Construction Boards of Appeal Special Members – County Boards Only PE with site construction experience PE with site construction experience Builder Builder Serve only for cases involving municipal or municipal utilities authority fees 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. 11/10/2014© Carl E. Peters198
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). 11/10/2014© Carl E. Peters199
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) 11/10/2014© Carl E. Peters200
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, 11/10/2014© Carl E. Peters201
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. 11/10/2014© Carl E. Peters202
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. 11/10/2014© Carl E. Peters203
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)(Back) 11/10/2014© Carl E. Peters204
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 planni ng board. (Back)(Back) 11/10/2014© Carl E. Peters205
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. 11/10/2014© Carl E. Peters206
Bulk Variances per NJSA 40:55D-70 c C(1) – Hardship C(2) – Flexible 11/10/2014© Carl E. Peters207
11/10/2014© Carl E. Peters208
11/10/2014© Carl E. Peters209 Carl E Peters, PE, PLS, PP, CO 4525 Route 27 Princeton, NJ 08540,
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