N.J. Admin. Code § 5:23-3.11

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

Section 5:23-3.11 - Enforcement activities reserved to the Department

(a) Except as otherwise provided at N.J.A.C. 5:23-3.11A(b), the Department of Community Affairs shall be the sole plan review agency for the following structures, plans, and equipment:

1. Electrical generating stations, including nuclear;

2. Incineration plants;

3. Solid waste disposal plants;

4. Class 1 and Class 2 structures where required in accordance with 5:23-4.3A and 4.24(b)2;

5. Casino hotels;

6. Public mausoleums, vaults, crypts and other structures intended to hold or contain human remains;

7. All premanufactured systems for Class 1 and Class 2 structures, other than those authorized to be approved by an inplant inspection agency licensed to perform Class 1 and Class 2 plan review as provided in N.J.A.C. 5:23- 4A.7, and all on-site installation of Class 1 and Class 2 premanufactured construction within the jurisdiction of a local enforcing agency that is not a Class 1 or Class 2 agency, as the case may be.

8. Health care facilities, as defined at N.J.A.C. 5:23-1.4;

9. Public school facilities, as defined in N.J.A.C. 5:23-1.4;

10. Prototype plans intended for use in more than one municipality;

11. High level alarm systems in terminals, as defined in 52:27D-214; and

12. Stadiums, arenas and theaters with an occupant load of 5,000 or greater.

(b) The Department of Community Affairs shall be the sole plan review agency for elevators, escalators, and moving walks in structures of Groups other than R-2, R-3, R-4, or R-5 in which the elevator devices are wholly within dwelling units and not accessible to the general public, in all buildings and structures other than those that:

1. Are in a municipality that has an elevator subcode official; and

2. Are otherwise within the plan review jurisdiction of the local enforcing agency.

(c) A permit shall not be issued until the required plans for the building or structure have been released by the department. The Department shall insure that the municipal enforcing agency receives a copy of the released plans.

1. Exception: In the case of a permit application based upon prototype plans released by the Department, it shall be the responsibility of the applicant to submit the items listed at 5:23-2.15(f)2 ii, including a reference set of plans, the prototype file identification number, the plan number and date of the released prototype plan, to the municipal enforcing agency.

(d) The department may perform field inspections for any of the above projects when it deems such activity appropriate. However, such action shall not relieve the municipality of the obligation to perform field inspections for any project for which the municipality has granted a permit.

(e) Whenever the department shall determine that there exists a violation of these regulations, it shall take appropriate action and shall provide the municipality with copies of all notices, orders, and other applicable information. The department and any municipality may consolidate or take other steps to expedite any matter of which they jointly complain, but in no event shall the owner of any building subject to the act be sanctioned twice for the same violations.

(f) In any case where the department shall notify a municipality that a violation exists, no certificate of occupancy may issue until the department notifies the municipality that the violation has been abated.

(g) The Department of Community Affairs shall be the sole agency for the enforcement of the Barrier Free Recreation Standards (N.J.A.C. 5:23-7.16 through 7.32). Any complaint of noncompliance with these rules shall be forwarded to the Department.

(h) The Department of Community Affairs shall be the sole agency having authority to grant variations from the requirements of the Asbestos Hazard Abatement Subcode, pursuant to 5:23-8.4.

(i) The Department of Community Affairs shall be the sole agency for the enforcement of the Playground Safety Subcode (N.J.A.C. 5:23-11) with regard to all matters not within the scope of a construction permit issued by a local enforcing agency; provided, however, that this subsection shall not be construed as prohibiting the Department of Education from including review of compliance with applicable playground requirements in its ongoing district monitoring process.

(j) The Department shall be the sole enforcing agency for the following work:

1. Amusement rides and any portable generator and associated portable distribution wiring that serves portable amusement rides, portable concessions, portable ticket booths, and other portable structures that are ancillary in nature at carnivals and fairs;

2. Ski lifts;

3. Billboards located on land owned or controlled by any State, county or local department, agency, board, commission, authority, or instrumentality; and

4. Liquefied petroleum gas installations, except vapor delivery installations utilizing containers with an aggregate water capacity of 2,000 gallons or less, which jurisdiction is retained by the municipal enforcing agency.

(k) The Department shall be the sole enforcing agency for Cooperative Sober Living Residences licensed as Class F rooming houses pursuant to N.J.A.C. 5:27.

N.J. Admin. Code § 5:23-3.11

Amended by 47 N.J.R. 459(a), effective 2/17/2015

Amended by 50 N.J.R. 310(a), effective 1/16/2018

Administrative Change, 52 N.J.R. 1821(a).

Amended by 52 N.J.R. 2097(a), effective 12/7/2020

Amended by 55 N.J.R. 2403(a), effective 12/4/2023