N.J. Admin. Code § 5:23-2.16

Current through Register Vol. 56, No. 8, April 15, 2024

Section 5:23-2.16 - Construction permits-procedure

(a) Action on application: The construction official or the appropriate subcode official in the case of construction involving only one trade or subcode, shall examine or cause to be examined all applications for permits and amendments thereto, and approve or deny in whole or in part the application, within 20 business days. If the application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application within 20 business days, such failure shall be deemed a denial of the application for purposes of an appeal to the Construction Board of Appeals, unless such period of time has been extended with the consent of the applicant. Whenever plans have been rejected and are thereafter revised and resubmitted, the revised plans shall be released if the deficiencies that were stated as grounds for rejection have been corrected and code compliance has been demonstrated. In that case, a written notice of release shall be given to the applicant not later than seven business days after the resubmission of the revised plans. When the grounds for rejection have not been corrected or when code compliance has not been demonstrated, a written notice of rejection stating the grounds for rejection shall be given to the applicant not later than seven business days after the resubmission of the revised plans.

1. Exception: For a building designed in conformance with the one-and two-family dwelling subcode, where the Department or local enforcing agency has released a prototype plan which is to be used for the work covered by the permit application, the construction official shall act on the application within three business days.

i. Where the prototype release did not include the foundation detail, the construction official shall act on the application within seven business days.

2. Exception: For a building designed in conformance with the building subcode, where the Department or local enforcing agency has released a plan which is to be used for the work covered by the permit application, provided that the permit is complete, the construction official shall act on the application within five business days.

3. Exception--Plan Release with Conditions and Permit Issuance: In buildings of Group B, F, M, or S, for alteration or reconstruction projects performed in accordance with N.J.A.C. 5:23-6, unless the code official finds that the plans are so deficient that they cannot be used as a means of determining code compliance upon inspection, the construction official shall act on the permit application by identifying and providing to the permit applicant a list of those conditions that require correction for code compliance, as follows:

i. A plan release with conditions shall mean that a list of code deficiencies identified through plan review shall be attached to the plans with the condition that the deficiencies so identified will have been corrected and will be code compliant upon inspection.

ii. The plan release with conditions shall identify any deferred submittals necessary to perform an inspection.

iii. A timeframe for the receipt by the enforcing agency of the deferred submittals and for the correction of code deficiencies shall be specified in the plan release with conditions. If revised drawings are determined to be necessary, a timeframe for submitting revised drawings shall be specified in the plan release with conditions.

iv. The plans shall be released with conditions and the permit application shall be acted upon following the written acceptance by the permit applicant of the conditions attached to the plan release. When the list of conditions attached to the plan release is provided to the permit applicant, the enforcing agency shall provide a copy of the conditions attached to the plan release to the design professional of record.

(1) The issuance of a plan release with conditions notwithstanding, the construction permit shall not be issued until the conditions of all prior approvals, as defined at 5:23-1.4, have been met in accordance with 5:23-2.15(a)5.

v. Plan release with conditions shall not apply to a change of use or to a change in the character of use in accordance with N.J.A.C. 5:23-6.

(b) Suspension of permit: Any permit issued shall become invalid if the authorized work is not commenced within 12 months after issuance of the permit, or if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work.

(c) Previous approvals: The rules shall not require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which shall have been actively prosecuted within six months after the operative date of the rules and completed with dispatch. This six months provision shall also apply to subsequent amendments.

(d) Signature to permit: The construction official shall attach his signature to every permit; or he may authorize a subordinate to affix such signature thereto. By doing so he shall certify that each responsible subcode official shall have reviewed and approved the application for permit.

(e) Released plans: The construction official shall stamp or endorse in writing both sets of plans released, and one set of such released plans shall be retained and the other set shall be kept at the building site, open to inspection of the construction official or the construction official's authorized representative at all reasonable times.

1. For plans released pursuant to (a)3 above, the conditions shall be attached to the plans that are retained on site and the plans that are retained by the enforcing agency and shall be available for use in performing inspections.

(f) Revocation of permits:

1. The construction official may revoke a permit or approval issued under the provisions of this code in the following cases:

i. If the applicant has submitted any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based; or

ii. If the project for which the permit was obtained is not completed by the third anniversary of the date of the issuance of the permit. If a project is not completed by such date, the permit holder may apply to the enforcing agency for a one-year extension of time for completion of the project. The enforcing agency shall not unreasonably withhold approval of any such extension request. If the project is not completed within the time allowed, the enforcing agency shall take such action under the code as may be appropriate, including, without limitation, demolition of the structure, in which case the legal authority of the jurisdiction shall institute appropriate action against the owner of the property for recovery of the costs incurred. The provisions of this subparagraph shall not apply to:

(1) Improvements to the interior of a building in which the permit holder is currently residing, if such improvements are not visible from outside of the property;

(2) Any building in which all exterior work and all required site improvements have been completed; or

(3) Any project currently under the control of a mortgagee in possession.

(g) Approval of part: The construction official shall issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted, provided adequate information and detailed statements have been filed complying with all the pertinent requirements of this code. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(h) Posting of permit: A true copy of the construction permit shall be kept on the site of operations open to inspection during the entire time of prosecution of the work and until the completion of the same.

(i) Notice of start: At least 24 hours notice of start of work under a construction permit shall be given to the construction official.

(j) Conditions of permit: The issuance of the construction permit shall be conditioned upon the following:

1. The payment of appropriate fees;

2. That work will conform to the requirements of the code applicable to the work for which the permit has been issued including prior approvals and any approved amendments thereto;

3. That the permit is a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of the regulations;

4. That the owner, his agent, contractor, or other employees will assist the enforcing agency in its inspection work, if requested;

5. That all escrows required to be paid by the applicant, pursuant to N.J.A.C. 5:23-4.17(d), in connection with work done under permits issued for development-wide violation correction, pursuant to N.J.A.C. 5:23-2.35(a)1, have been paid unless there is an appeal pending. For purposes of applying this paragraph, any escrow due from any person or entity affiliated with the applicant by way of having any common officers, directors, or shareholders with at least a 10 percent interest shall be deemed to be due from the applicant; and

6. That any change in ownership is reported through a permit update and that any required replacement performance guarantee has been furnished.

(k) Upon request of the local health department, the construction official shall supply copies of permits issued for lead abatement work.

N.J. Admin. Code § 5:23-2.16

Amended by R.1993 d.420, effective 9/7/1993.
See: 25 N.J.R. 2158(a), 25 N.J.R. 4072(a).
Amended by R.1995 d.381, effective 7/17/1995.
See: 27 N.J.R. 970(a), 27 N.J.R. 2715(a).
Amended by R.1995 d.544, effective 10/16/1995.
See: 27 N.J.R. 2827(a), 27 N.J.R. 3933(a).
Amended by R.1997 d.409, effective 10/6/1997.
See: 29 N.J.R. 2736(a), 29 N.J.R. 4281(a).
Amended by R.1998 d.36, effective 1/5/1998.
See: 29 N.J.R. 4214(a), 30 N.J.R. 193(a).
Deleted (k); recodified existing ( l) as (k).
Amended by R.2003 d.216, effective 5/19/2003.
See: 35 N.J.R. 16(a), 35 N.J.R. 2203(a).
Rewrote the section.
Amended by R.2004 d.144, effective 4/5/2004.
See: 35 N.J.R. 4944(a), 36 N.J.R. 1753(a).
In (a), rewrote 1 and added 2.
Amended by R.2004 d.364, effective 10/4/2004 (operative January 14, 2005).
See: 36 N.J.R. 2604(a), 36 N.J.R. 4440(a).
Rewrote (f).
Amended by R.2006 d.355, effective 10/2/2006.
See: 38 N.J.R. 1789(a), 38 N.J.R. 4175(a).
In (j)4, substituted "; and" for a period at the end; and added (j)5.
Amended by R.2007 d.124, effective 5/7/2007.
See: 38 N.J.R. 3708(a), 39 N.J.R. 1669(a).
In (a)2, deleted "prototype" preceding "plan", inserted "provided that the permit is complete,", and substituted "five" for "seven".
Administrative correction.
See: 40 N.J.R. 3991(a).
Amended by R.2010 d.291, effective 12/20/2010.
See: 42 N.J.R. 1943(a), 42 N.J.R. 3053(a).
In (f)1ii, deleted "or January 24, 2005, whichever is later" following the second occurrence of "permit" and deleted "the" preceding "such date".
Amended by R.2012 d.181, effective 11/5/2012.
See: 44 N.J.R. 1757(a), 44 N.J.R. 2556(a).
In the introductory paragraph of (a), substituted "therefor" for "therefore"; and added (a)3 and (e)1.

Amended by 52 N.J.R. 2100(a), effective 12/7/2020