N.J. Admin. Code § 5:23-3.13

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

Section 5:23-3.13 - Code change proposals

(a) The following apply to State-sponsored model code change proposals:

1. Any private party, municipality, other political subdivision, or agency of the State seeking to submit a State-sponsored model code change proposal shall do so not less than 240 days prior to the code change meeting of the model code adoption agency for which the amendment is being proposed.

2. Such proposal shall be on a form provided by the model code organization where one is available. If none is available, such proposal shall state the name and address of the party or official proposing the model code change, the company, agency, or political subdivision represented, if applicable, the text of the amendment suggested and an explanation of the amendment together with any technical justification deemed necessary by the proponents.

3. A hearing shall thereafter be held in accordance with 52:27D-124 of the Act.

4. Copies of the submitted applications for model code change proposals, transcripts of hearings on such applications, and State-sponsored model code change proposals, as adopted, shall be available from the Department at a fee of $.50 per page.

5. Whenever a model code change hearing is scheduled so as not to allow adequate time to meet the procedures set forth in this section and in 52:27D-124 of the Act, the Commissioner may hold a hearing and require the advice of the Code Advisory Board within a lesser time period, as the situation dictates.

(b) The following apply to rehabilitation subcode code change proposals:

1. Proposals for code changes to the rehabilitation subcode (N.J.A.C. 5:23-6) may be submitted to the Department at any time. Those rehabilitation subcode code change proposals submitted by January 31 shall be considered with the changes received during the previous calendar year.

2. A rehabilitation subcode code change proposal shall include the following information:

i. The name, organization, mailing address, telephone number, facsimile number, and e-mail address of the proponent of the proposed code change;

ii. The primary section of the rehabilitation subcode proposed for change and any other section(s) where corresponding changes are required. Language proposed for deletion shall be presented in brackets and language proposed for addition shall be underlined; and

iii. A description and supporting statement for the proposed code change.

3. Rehabilitation subcode code change proposals may be submitted on the form provided in subchapter Appendix 3-A, incorporated herein by reference.

4. Rehabilitation subcode code change proposals shall be submitted to the Code Development Unit, Department of Community Affairs, Division of Codes and Standards, PO Box 802, Trenton, New Jersey 08625. Code change proposals may be faxed to the Code Development Unit at (609) 633-6729.

5. A public hearing for rehabilitation subcode code change proposals shall be held prior to a scheduled Code Advisory Board meeting. The date and time of the public hearing on rehabilitation subcode code change proposals may be obtained by contacting the Code Development Unit at (609) 984-7609.

(c) The following apply to code change proposals to other State-developed subcodes:

1. Proposals for code changes to other State-developed subcodes may be submitted to the Department at any time and shall include the information outlined in (b)2 above.

2. Code change proposals to other State-developed subcodes shall be submitted to the Code Development Unit in accordance with (b)4 above.

N.J. Admin. Code § 5:23-3.13

Amended by R.2004 d.261, effective 7/6/2004.
See: 36 N.J.R. 1267(a), 36 N.J.R. 3275(a).
Rewrote the section.
Amended by R.2005 d.342, effective 10/17/2005.
See: 37 N.J.R. 2325(a), 37 N.J.R. 3974(a).
In (a)1, added "private party," and substituted "240" for "90"; in (a)2, added "party or", "company,", "," following "agency", and "if applicable,"; added (c).

Administrative Change, 55 N.J.R. 2257(a), effective 10/3/2023