N.J. Admin. Code § 5:23-3.18

Current through Register Vol. 56, No. 11, June 3, 2024
Section 5:23-3.18 - Energy subcode
(a) Rules concerning the energy subcode adopted are as follows:
1. Pursuant to authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the International Code Council, known as the International Energy Conservation Code/2021 (IECC/2021), as the energy subcode for New Jersey.
i. Copies of the IECC/2021 may be obtained from International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795.
ii. The model code listed above may be known and cited as the "energy subcode."
(b) The following chapters and sections of the commercial provisions of the energy subcode are amended ,as follows:
1. Chapter 1, Scope and Application, shall be amended as follows:
i. Sections C101.1, Title, and C101.3, Intent, shall be deleted.
ii. Section C101.4.1, Mixed residential and commercial buildings, and Section C101.5, Compliance, shall have "by means of the ASHRAE Standard 90.1" inserted after "IECC--Commercial Provisions."
iii. Section C103, Construction Documents, Section C104, Fees, Section C105, Inspections, Section C106, Notice of Approval, Section C107, Validity, Section C108.3, Other laws, C109, Stop Work Order, and C110, Board of Appeals, shall be deleted.
2. Chapter 2, Definitions, shall be deleted, except that a new definition of "IECC-Commercial Provisions" shall be inserted and defined as meeting "the requirements of the ASHRAE Standard 90.1 referenced by Chapter 6 of commercial provisions of this code."
3. Chapter 3, General Requirements, shall be deleted.
4. Chapter 4, Commercial Energy Efficiency, shall be amended as follows:
i. In Section C401.2, Application, "Section C401.2.1 or" shall be deleted. In addition, Section C401.2.1, International Energy Conservation Code, shall be deleted in its entirety. Lastly, new Section C401.2.2.1, Amendments, shall be added as follows: The following amendments shall apply to ASHRAE 90.1:
1. Chapter 8, Power, shall be considered optional.
ii. Section C402, Building Envelope Requirements, Section C403, Building Mechanical Systems, Section C404, Service Water Heating (Mandatory), Section C405, Electrical Power and Lighting Systems, Section C406, Additional Efficiency Package Options, C407, Total Building Performance, and C408, Maintenance Information and System Commissioning, shall be deleted in their entirety.
5. Chapter 5, Existing buildings, shall be deleted.
6. Chapter 6, Referenced Standards, shall be amended as follows:
i. In the ICC table, "IPC-21, International Plumbing Code" shall be deleted and " NSPC-21, National Standard Plumbing Code" shall be inserted. In addition, at the bottom of the ICC table, "**NSPC-21 is non-ICC and is published by the International Association of Plumbing and Mechanical Officials" shall be inserted.
7. Appendices
i. Appendix CA, Board of Appeals--Commercial, is deleted.
ii. Appendix CB, Solar-Ready Zone, is optional at the discretion of the permit applicant, except that this appendix is adopted as a requirement for the construction of a warehouse for which a construction permit has not been declared complete by the enforcing agency before July 1, 2022, pursuant to P.L. 2021, c. 290. A warehouse means any building, room, structure, or facility of at least 100,000 square feet used primarily for the storage of goods intended for sale.
iii. Appendix CC, Zero Energy Commercial Building Provisions, is optional at the discretion of the permit applicant. Appendix CC shall be amended as follows:
(1) In Section CC103.1, Renewable energy, the second paragraph shall be deleted. In addition, "Section C401.2.1, Item 2 or" shall be deleted in the third paragraph.
(c) The following chapters and sections of the residential provisions of the energy subcode are amended as follows:
1. Chapter 1, Scope and Application, shall be amended as follows:
i. Sections R101.1, Title, and R101.3, Intent, shall be deleted.
ii. Section R101.4.1, Mixed residential and commercial buildings, and Section R101.5, Compliance, shall have "by means of the ASHRAE Standard 90.1" inserted after "IECC--Commercial Provisions."
iii. Section R103, Construction Documents, Section R104, Fees, Section R105, Inspections, Section R106, Notice of Approval, Section R107, Validity, Section R108.3, Other laws, R109, Stop Work Order, and R110, Board of Appeals, shall be deleted.
2. Chapter 2, Definitions, shall be amended as follows:
i. In Section R201.3, Terms defined in other codes, "International Plumbing Code" shall be deleted and "National Standard Plumbing Code" shall be inserted.
ii. The definitions of "Addition" and "Alteration" shall be deleted.
iii. The definition of "Approved" shall be deleted and the following shall be inserted: "Approved refers to approval by the appropriate subcode official or other authority having jurisdiction in accordance with the regulations."
iv. In the definition of "Approved Agency," "or other authority having jurisdiction in accordance with the Uniform Construction Code" shall be inserted after "official."
v. The definition of "Building" shall be deleted and the definition at N.J.A.C. 5:23-3.14(b)2 shall be inserted:

"BUILDING. A structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing shelter, enclosure and support of individuals, animals or property of any kind. When used herein, building and structure shall be interchangeable except where the context clearly indicates otherwise."

vi. The definition of "Code Official" shall be deleted.
vii. In the definition of "Dwelling Unit," "living as a single housekeeping unit" shall be inserted after "persons."
viii. The definitions of "Historic Building," "Repair," "Reroofing," "Roof Recover," "Roof Repair," and "Roof Replacement" shall be deleted.
ix. New definition of "IECC-Commercial Provisions" shall be inserted and defined as meeting the requirements of the ASHRAE Standard 90.1 referenced by Chapter 6 of commercial provisions of this code.
3. Chapter 3, Climate Zones, shall be amended as follows:
i. Section R303.3, Maintenance information, shall be deleted.
4. Chapter 4, Residential Energy Efficiency, shall be amended as follows:
i. Section R401.2, Application, the exception shall be deleted in its entirety.
ii. In Section R403.7, Equipment sizing and efficiency rating (Mandatory), "or replacement" shall be deleted in the second sentence.
iii. In Section R403.8, Systems serving multiple dwelling units (Mandatory), delete "Sections C403 and C404 of the IECC--Commercial Provisions" and replace with "Chapters 6 and 7 of the ASHRAE Standard 90.1".
iv. In Section R404.1.1, Exterior lighting, delete "Section C405.4 of the International Energy Conservation Code--Commercial Provision" and replace with "Section 9.4.2 of the ASHRAE Standard 90.1."
5. Chapter 5, Existing Buildings, shall be deleted.
6. Chapter 6, Referenced Standards, shall be amended as follows:
i. In the ICC table, "IPC-21, International Plumbing Code" shall be deleted and "NSPC-21, National Standard Plumbing Code" shall be inserted. In addition, at the bottom of the ICC table, "**NSPC-21 is non-ICC and is published by the International Association of Plumbing and Mechanical Officials" shall be inserted.
7. Appendices
i. Appendix RA, Board of Appeals--Residential, is deleted.
ii. Appendix RB, Solar-Ready Provisions--Detached One- and Two-Family Dwellings and Townhouse, is optional at the discretion of the permit applicant.
iii. Appendix RC, Zero Energy Residential Building Provisions, is optional at the discretion of the permit applicant. Appendix RC shall be amended as follows:
(1) In Section RC101.1, Compliance, "Existing residential buildings shall comply with Chapter 5." is deleted.

N.J. Admin. Code § 5:23-3.18

Amended by 47 N.J.R. 2352(b), effective 9/21/2015
Amended by 51 N.J.R. 1399(a), effective 9/3/2019
Administrative Change, 53 N.J.R. 619(b), effective 3/25/2021
Amended by 54 N.J.R. 1707(a), effective 9/6/2022
Amended by 54 N.J.R. 2143(a), effective 11/21/2022