N.J. Admin. Code § 5:23-4.3A

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:23-4.3A - Enforcing agency classification

(a) Local enforcing agencies shall be classified as Class 3 or RCS (specialty in residential and small commercial structures), Class 2 or ICS (specialty in industrial and commercial structures) or Class 1 or HHS (specialty in high-rise/hazardous structures). The classification of the enforcing agency shall be as determined by (b) below. The highest class of structures, as defined in (d) below, for which the enforcing agency in a municipality is authorized to do plan review shall correspond to the classification of the enforcing agency as determined by (b) below.

(b) The classification of an enforcing agency is determined by the lowest level of inspector license held by any of the subcode officials appointed to establish such agency and by the highest level of inspector license held by the appointed construction official. In the case of subcode officials, the inspector license used to determine the classification of the agency must be in the subcode area for which that individual is appointed. Enforcing agencies shall be classified as follows:

1. Class 1 agency: The lowest level of inspector license held in accordance with N.J.A.C. 5:23-5 by the construction official or any of the subcode officials appointed to constitute the enforcing agency is an HHS inspector license.

2. Class 2 agency: The lowest level of inspector license held in accordance with N.J.A.C. 5:23-5 by the construction official or any of the subcode officials appointed to constitute the enforcing agency is an ICS inspector license.

3. Class 3 agency: The lowest level of inspector license held in accordance with N.J.A.C. 5:23-5 by the construction official or any of the subcode officials appointed to constitute the enforcing agency is an RCS inspector license.

(c) Any change in the classification of an enforcing agency shall be effective immediately upon a change in the level of licensure of any of the officials appointed to constitute the enforcement agency as described in (a) above. The ability of a municipality to accept an application for plan review shall be determined by the classification of that municipality as of the date of application. Nothing contained herein, however, shall be construed to permit any enforcement agency to continue to review plans submitted if the classification of the agency has changed so as to render the agency no longer eligible to review the plans in question.

(d) Structures shall be classified as follows (group classifications are as per the building subcode, areas are per floor and stories/height are above grade):

1. Class 3 structures:

i. Group B less than 7,200 square feet, two stories, 40 feet high;

ii. Group M less than 4,800 square feet, one story, 40 feet high;

iii. Group S-1 less than 4,200 square feet, one story, 40 feet high;

iv. Group S-2 less than 7,200 square feet, two stories, 40 feet high;

v. Group R-3 as permitted in the building subcode and including accessory private garages, radio and television antennae and swimming pools;

vi. Group R-5 as permitted in the one- and two-family dwelling subcode and including accessory private garages, radio and television antennae and swimming pools.

2. Class 2 structures:

i. All plan review activities permitted to class 3 officials;

ii. Group A-1 less than 4,200 square feet, one story, 40 feet high;

iii. Group A-2 less than 2,400 square feet, one story, 55 feet high;

iv. Group A-3 less than 8,400 square feet, two story, 55 feet high;

v. Group A-4 less than 9,500 square feet, two story, 55 feet high;

vi. Group A-5 less than 5,000 square feet, one story, 55 feet high;

vii. Group B less than 37,500 square feet, five story, 65 feet high;

viii. Group E less than 14,400 square feet, two story, 55 feet high;

ix. Group F-1 less than 25,000 square feet, four story, 65 feet high;

x. Group F-2 less than 37,500 square feet, five story, 65 feet high;

xi. Paint Spray Booths, section 416;

xii. Group I-1 less than 8,400 square feet, three story, 55 feet high;

xiii. Group I-2 less than 7,200 square feet, one story, 55 feet high;

xiv. Group I-3 less than 6,000 square feet, one story, 55 feet high;

xv. Group I-4 less than 13,000 square feet, three story, 55 feet high;

xvi. Group M less than 21,500 square feet, four story, 65 feet high;

xvii. Group R-1 less than 9,600 square feet, three story, 55 feet high;

xviii. Group R-2 less than 9,600 square feet, three story, 55 feet high;

xix. Group R-4 less than 9,600 square feet, three stories, 55 feet high;

xx. Group S-1 less than 26,000 square feet, four story, 65 feet high;

xxi. Group S-2 less than 39,000 square feet, five story, 65 feet high;

xxii. Group U as permitted by the building subcode.

3. Class 1 structures:

i. All plan review activities permitted to class 2 and class 3 officials;

ii. All remaining use groups and categories not reserved to the State.

(e) Departmental plan review shall not be required for class 3 work. Departmental plan review prior to the issuance of a permit shall be required for class 2 work, unless the municipal enforcing agency is classified as class 2. Departmental plan review prior to the issuance of a permit shall be required for class 1 work unless the municipal enforcing agency is classified as class 1.

1. Reconstruction, changes of use or additions to class 1 or class 2 buildings shall be submitted to the Department when the municipal enforcing agency is not appropriately classified as per (e) above. The Department may, at its discretion, review such plans, or may return such plans to the municipality for review.

2. If an addition would cause a building not previously classified as class 1 or class 2 to be reclassified as class 1 or 2, and the municipal enforcing agency is not appropriately classified as per (e) above, then Departmental plan review shall be required.

(f) The Department shall issue a roster of enforcing agencies and their classification upon request. Copies may be obtained by contacting the Office of Regulatory Affairs, PO Box 818, Trenton, New Jersey 08625-0818.

N.J. Admin. Code § 5:23-4.3A

Amended by R.1992 d.272, effective 7/6/1992.
See: 24 N.J.R. 1446(a), 24 N.J.R. 2424(a).
Text on enforcing agency classification recodified from 3.10; new (a) added.
Amended by R.1993 d.662, effective 12/20/1993.
See: 25 N.J.R. 3891(a), 25 N.J.R. 5918(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.1999 d.424, effective 12/6/1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Rewrote (e).
Amended by R.2001 d.127, effective 4/16/2001.
See: 33 N.J.R. 392(a), 33 N.J.R. 1195(a).
In (e), deleted "after January 1, 1981" and "as of January 1, 1977 and" in the introductory paragraph, and rewrote 1 and 2.
Amended by R.2003 d.217, effective 5/19/2003.
See: 35 N.J.R. 28(a), 35 N.J.R. 2208(a).
Rewrote (d).
Administrative correction.
See: 38 N.J.R. 4178(a).
Amended by R.2007, d.384, effective 12/17/2007.
See: 39 N.J.R. 2684(a), 39 N.J.R. 5211(a).
In (d), substituted "(group classifications are as per the building subcode, areas are per floor and stories/height are above grade)" for "(keyed to section 302.1 of the building subcode)"; deleted former (d)1vi; recodified former (d)1vii as (d)1vi; in (d)1vi, substituted "one- and two-family dwelling" for "building"; added new (d)2xix; recodified former (d)2xix through (d)2xxi as (d)2xx through (d)2xxii; and deleted (d)4.
Amended by R.2013 d.081, effective 6/3/2013.
See: 44 N.J.R. 1303(a), 45 N.J.R. 1393(a).
Rewrote (a) and the introductory paragraphs of (d) and (e); and in the introductory paragraphs of (d)1, (d)2, and (d)3, substituted "structures" for "agencies".

Amended by 52 N.J.R. 2097(a), effective 12/7/2020