N.J. Admin. Code § 5:23-4.24

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

Section 5:23-4.24 - Plan review by the Department of Community Affairs

(a) There is established in the Department of Community Affairs, Division of Codes and Standards, a Bureau of Construction Projects Review, hereinafter "the plan review bureau." The plan review bureau shall review plans, applications and specifications submitted to the Department in its enforcing agency capacity, and as further required or permitted by this section.

(b) Plan review:

1. Plan review shall be required for all uses except as may be otherwise provided in the regulations whenever the department acts as an enforcing agency in any municipality.

2. Special or hazardous uses and types of construction:

i.N.J.A.C. 5:23-3 divides all construction into three classes according to its 'complexity and potential hazard to the public health and safety. N.J.A.C. 5:23-5 provides for three levels of subcode official certification which correspond to the three classes in N.J.A.C. 5:23-5.

ii. For class 1, department plan review and release shall be required on the effective date of the regulations prior to the issuance of a construction permit unless the municipal enforcing agency is classified as class 1.

iii. For class 2, department plan review and release shall be required after January 1, 1981, prior to the issuance of a construction permit unless the municipal enforcing agency is classified as class 1 or class 2.

iv. For class 3, departmental plan review shall not be required except when the department acts as the enforcing agency.

v. Installations of elevators, escalators, and moving walks, except devices in structures of Group R-3, R-4, or R-5 and those devices in structures of Group R-2 that are otherwise exempted in 5:23-3.11(b), shall require Departmental plan review and release.

3. Premanufactured construction: Department plan review and release shall be required for all modular construction other than those authorized to be approved by an inplant inspection agency as provided at N.J.A.C. 5:23- 4A.7.

(c) The plan review bureau shall review all applications, plans and specifications for conformance to the regulations.

(d) Plans reviewed by the Department that are judged to be in conformance with the regulations shall be stamped with the word "released" and signed and dated by the reviewing official of the Department.

(e) All plans submitted, and any amendments thereto, accompanied by the required fee, shall be numbered, docketed, and examined promptly after their submission for compliance with the regulations. In the case of plans submitted by an architect or engineer bearing his or her signature, registration number, and seal, plan examination may, except for compliance with exit requirements, be limited to a supervisory check.

(f) If the Department judges a plan not to be in conformance with the regulations, it shall notify the applicant in writing of the reason for rejection.

(g) The Department shall provide such technical assistance to the applicant as may be appropriate pursuant to the regulations.

(h) The municipal enforcing agency shall perform all field inspections required by the regulations, except that the Department shall have the right to perform partial or complete field inspection services for any project for which it has released plans.

N.J. Admin. Code § 5:23-4.24

Amended by R.1986 d.142, effective 5/5/1986.
See: 17 N.J.R. 1169(a), 18 N.J.R. 945(a).
(a)iii added.
Amended by R.1990 d.313, effective 6/18/1990.
See: 22 N.J.R. 691(a), 22 N.J.R. 1915(b).
Reference to subchapter 4A added at (a)2iii.
Amended by R.1991 d.325, effective 7/1/1991.
See: 23 N.J.R. 805(a), 23 N.J.R. 2046(a).
Text added at (a)2i(5).
Amended by R.1992 d.147, effective 4/6/1992.
See: 24 N.J.R. 170(a), 24 N.J.R. 1397(a).
Elevators wholly within R-2 residences exempt.
Amended by R.1994 d.96, effective 2/22/1994.
See: 26 N.J.R. 1073(a).
Amended by R.1997 d.409, effective 10/6/1997.
See: 29 N.J.R. 2736(a), 29 N.J.R. 4281(a).
Deleted (a) and (b); recodified (a)1 as (a), (a)2 as (b), and (b)1 through 6 as (c) through (h); in (a), amended agencies referenced, in (a) through (h), deleted titling of subsections; and in (h), substituted "Department shall have the right" for "department deserves the right".
Amended by R.2004 d.67, effective 2/17/2004.
See: 35 N.J.R. 4627(a), 36 N.J.R. 949(b).
In (b)2v, added R-5 to the list of groups.
Amended by R.2013 d.081, effective 6/3/2013.
See: 44 N.J.R. 1303(a), 45 N.J.R. 1393(a).
Rewrote (b)2ii and (b)2iii, and in (b)2iv, substituted "3" for "three".

Amended by 53 N.J.R. 250(a), effective 1/12/2021