N.J. Admin. Code § 5:23-2.24

Current through Register Vol. 56, No. 9, May 6, 2024

Section 5:23-2.24 - Conditions of certificate of occupancy

(a) Certificate of occupancy shall be conditioned upon the following:

1. That the completed project meets the conditions of the construction permit, and all prior approvals and has been done substantially in accordance with the code and with those portions of the plans and specifications controlled by the code;

2. That all required fees have been paid in full;

3. That all necessary inspections have been completed and that the completed project meets the requirements of the regulations;

4. That all violations have been corrected and that any assessed penalties have been paid;

5. That all protective devices and equipment required to be installed by the regulations will continue to be operational as required by the regulations.

(b) No certificate of occupancy shall be issued for any new home, built by a builder, as such terms are defined in 5:25-1.3, except after filing by the builder with the construction official of proof that the new home has been enrolled in either the State New Home Warranty Security Plan or a private plan approved by the Department of Community Affairs. If the new home is enrolled in the State New Home Warranty Security Plan, proof shall be in the form of a validated copy of the Certificate of Participation, required pursuant to 5:25-5.5, and proof of payment of the warranty premium.

(c) No certificate of occupancy shall be issued for any new home built by an owner or in which any design, construction, plumbing or electrical work has been done by the owner unless the owner shall file with the construction official an affidavit in which he certifies that all work has been done in conformity with applicable law, acknowledges that work done by him or by any subcontractor working under his supervision, is not covered under the New Home Warranty and Builders' Registration Act (46:3B-1 et seq.) and states that he will disclose this to any person purchasing the property from him within 10 years of the date of issuance of a certificate of occupancy. The affidavit shall be filed on a form prescribed by the Department of Community Affairs.

(d) No certificate of occupancy shall be issued for any building used or intended to be used as a rooming house or a boarding house, as such terms are defined in section 3 of the Rooming and Boarding House Act of 1979 ( P.L. 1979, c.496; 55:13B-1 et seq.), except after filing by the owner with the construction official of a photocopy of a license to own a rooming or boarding house issued to the owner by the Department of Community Affairs.

(e) No certificate of occupancy shall be issued for a hotel or multiple dwelling, as defined in the Hotel and Multiple Dwelling Law (55:13A-1 et seq.), except after filing by the owner with the construction official of a photocopy of a certificate of registration issued by the Bureau of Housing Inspection of the Department of Community Affairs.

(f) No certificate of occupancy shall be issued for any building containing one or more elevators unless all of the elevators in the building have been registered with the Department in accordance with N.J.A.C. 5:23-12.

(g) Whenever a liquefied petroleum gas installation subject to the Department's jurisdiction pursuant to N.J.A.C. 5:23-3.11(j) is part of a project that requires a construction permit, no certificate of occupancy or certificate of approval shall be issued , except after filing by the owner with the construction official of a photocopy of a permit to operate and fill issued by the New Jersey Department of Community Affairs, Division of Codes and Standards, PO Box 821, Trenton, New Jersey 08625-0821.

(h) No certificate of occupancy shall be required in the case of minor work as provided for by 5:23-2.17A.

N.J. Admin. Code § 5:23-2.24

Amended by R.1991 d.509, effective 10/7/1991.
See: 23 N.J.R. 2236(a), 23 N.J.R. 3001(a).
Text added at (f).
Amended by R.1995 d.476, effective 9/5/1995 (operative January 1, 1996).
See: 27 N.J.R. 1846(a), 27 N.J.R. 3325(b).
Rewrote (f).
Amended by R.2001 d.141, effective 5/7/2001.
See: 32 N.J.R. 3917(a), 33 N.J.R. 746(a), 33 N.J.R. 1399(d).
Added new (g); recodified former (g) as (h).
Amended by R.2003 d.216, effective 5/19/2003.
See: 35 N.J.R. 16(a), 35 N.J.R. 2203(a).
Rewrote (a)1.
Amended by R.2003 d.200, effective 5/19/2003.
See: 35 N.J.R. 7(a), 35 N.J.R. 2187(a).
In (g), amended the N.J.A.C. reference and substituted "Bureau of Code Services" for "Bureau of Boiler and Pressure Compliance".
Administrative correction.
See: 35 N.J.R. 3608(a).
Amended by R.2007 d.231, effective 8/6/2007.
See: 39 N.J.R. 722(a), 39 N.J.R. 3295(a).
In (g), substituted "Whenever a liquefied petroleum gas installation subject to the Department's jurisdiction pursuant to N.J.A.C. 5:23-3.11(j) is part of a project that requires a construction permit, no" for "No" and "permit to operate and fill issued by" for "notice of LP gas installation filed, pursuant to N.J.A.C. 5:18-6.4(a), with" and deleted "for any building or project that includes a vapor delivery liquefied petroleum gas installation that is greater than 250 gallons, but not more than 2,000 gallons" following "shall be issued".

Administrative Change, 54 N.J.R. 1017(b), effective 5/2/2022