N.J. Admin. Code § 12:100-3A.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 12:100-3A.2 - Adoption of standards more stringent than Federal standards

(a) The Commissioner shall not adopt any standard within the scope of the State Uniform Construction Code adopted pursuant to 52:27D-119 et seq., or the Uniform Fire Safety Code adopted pursuant to 52:27D-192 et seq., unless the standard is one adopted pursuant to N.J.A.C. 12:100-4. If the Commissioner of Community Affairs determines that a building or structural safety standard adopted by the Commissioner pursuant to N.J.A.C. 12:100-4 is more stringent than the applicable standards found in the State Uniform Construction Code or the Uniform Fire Safety Code, he or she shall adopt a rule incorporating the more stringent standard. If the Commissioner of Community Affairs determines that there is a difference between a provision of any new or existing standard adopted pursuant to N.J.A.C. 12:100-4 and a provision of the Uniform Construction Code or the Uniform Fire Safety Code, and he or she determines that the provision of the applicable code is as effective as the provision of the standard, he or she shall prepare and submit to the Commissioner an application for submission to the Secretary of Labor seeking the approval of that provision of the Uniform Construction Code or the Uniform Fire Safety Code as being as effective as the provision of the standard and the approval of the incorporation of the code provision into the State Plan.

(b) Where no Federal standards are applicable or where standards more stringent than the Federal standards are deemed advisable, the Commissioner, in consultation with the Commissioner of Health and the Commissioner of Community Affairs, and with the advice of the Public Employees' Occupational Safety and Health Advisory Board, shall develop and establish State standards as may be necessary.

Amended by 49 N.J.R. 1423(a), effective 6/5/2017