N.J. Admin. Code § 5:10-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:10-1.4 - Scope

(a) This chapter shall apply to the repair, maintenance, occupancy and use of new and existing hotels, retreat lodging facilities and multiple dwellings in the State of New Jersey.

(b) A building section containing four or fewer dwelling units shall not be considered to be a portion of a multiple dwelling, if it:

1. Is held under a condominium or cooperative form of ownership or by a mutual housing corporation;

2. Has no dwelling units not occupied by unit owners, if a condominium, or by shareholders, if a cooperative or mutual housing corporation.

i. If there are both owner-occupied units and units that are not owner-occupied within a building section, then the owner-occupied units within that building section, and only the owner-occupied units, shall be considered not to be portions of a multiple dwelling.

ii. The condominium association or cooperative or mutual housing corporation shall provide the Bureau with any information necessary to justify an exemption for a dwelling unit or building section pursuant to this paragraph.

3. Has at least two exterior walls unattached to any adjoining building section; and

4. Is attached to any adjoining building sections exclusively by fire separation walls. The fire separation wall shall have a 1 1/2 hour minimum fire resistant rating for buildings constructed prior to January 1, 1977, or the rating required by the State Uniform Construction Code, N.J.A.C. 5:23, at the time of construction.

N.J. Admin. Code § 5:10-1.4

Amended by R.1983 d.156, effective 5/16/1983.
See: 15 New Jersey Register 375(a), 15 New Jersey Register 803(a).
Added (b).
Amended by R.1983 d.388, effective 9/19/1983.
See: 15 New Jersey Register 1054(b), 15 New Jersey Register 1576(a).
Added "fire separation walls housing 1 1/2 hour resistant rating" to (b)4.
Amended by R.1998 d.425, effective 8/17/1998.
See: 30 New Jersey Register 1462(b), 30 New Jersey Register 3068(a).
In (b), substituted "four" for "two" preceding "dwelling" in the introductory paragraph, substituted "Is in a building that has no occupied" for "Has" at the beginning of 2, and rewrote 4.
Amended by R.2000 d.325, effective 8/7/2000.
See: 32 New Jersey Register 1891(a), 32 New Jersey Register 2863(a).
In (a), deleted references to demolition and to removal, and inserted a reference to retreat lodging facilities; and rewrote (b)2.

Amended by 55 N.J.R. 1687(a), effective 8/7/2023