N.J. Admin. Code § 5:23-4.2

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

Section 5:23-4.2 - Matters covered; exceptions

(a) Except as otherwise provided in subsection (b) below, the provisions of this subchapter shall apply to all agencies with an enforcement responsibility under the act and regulations.

(b) Rules concerning exceptions are:

1. Interstate agencies: This subchapter shall not apply to agencies created by Interstate Compact. Such agencies shall administer and enforce the subcodes, under such rules and regulations as they may develop, pursuant to authority of the State Uniform Construction Code Act, and any other applicable law of this State.

2. Department of Education:

i. When final plans for the construction or alteration of a public school facility have been submitted to the Department of Education, and approved under the standards for educational adequacy set forth at N.J.A.C. 6A:26, and have been submitted for review to, and released by, either the Department of Community Affairs or a construction official of an enforcing agency, such plans shall be filed with the enforcing agency of the municipality in which the public school facility is located.

ii. The enforcing agency shall inspect any construction or alteration of a public school facility in the same manner as any other building or structure subject to the code for the purpose of determining if there are any violations of the educational enhancement and adequacy requirements as set forth at 5:23-3.11A(c) and (d) or any other provision of the State Uniform Construction Code.

(c) Rules concerning matters not specifically provided for are:

1. Any type or class of enforcing agency or board of appeals, the procedures of which are developed in this subchapter, may individually adopt further rules for their internal governance, not inconsistent with any specific provision of this subchapter, or with its stated intent.

N.J. Admin. Code § 5:23-4.2

Amended by R.1991 d.309, effective 6/17/1991.
See: 23 N.J.R. 1084(a), 23 N.J.R. 1922(a).
Rule conformed to P.L. 1990 c.23; reference to N.J.A.C. 6:22 added.
Amended by R.1997 d.417, effective 10/6/1997.
See: 29 N.J.R. 3387(a), 29 N.J.R. 4285(a).
In (b)2i, substituted "educational adequacy" for "facility adequacy", inserted "either the Department or" preceding "a construction official"; and substantially amended (b)2ii.
Amended by R.2000 d.166, effective 4/17/2000.
See: 31 N.J.R. 4151(a), 32 N.J.R. 1376(a).
Rewrote (b)2ii.
Administrative change.
See: 34 N.J.R. 1022(a).