N.J. Admin. Code § 5:23-4A.5

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:23-4A.5 - Standards

(a) No person/agency shall be allowed to deliver, sell, lease, or install any industrialized/modular building or building component in the participating state unless such industrialized/modular building or building component is certified in accordance with the requirements of this subchapter.

(b) Buildings, building components and building systems shall comply with all applicable provisions of the State Uniform Construction Code.

(c) Alternates: The provisions of this subchapter are not intended to prevent the use of any technologies, techniques, or materials not specifically prescribed by the codes, standards, specifications, and requirements in this subchapter, provided any such alternate has been approved.

1. Applications for such alternates shall be filed in writing with the evaluation agency. The application shall contain the current requirements of the codes, standards or specifications from which an alternate is sought and a statement of how the proposed alternate would adequately protect the health, safety and welfare of both the occupants and the public.

2. The evaluation agency may approve any such alternate provided that it determines that the proposed design is satisfactory and that the material, method, or work offered is, for the purpose intended, consistent with the adopted codes and standards as to quality, strength, effectiveness, fire resistance, durability, and safety. The evaluation agency shall require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding the use of any such alternate. The evaluation agency shall notify the applicant of the determination. If the application is denied, the notification shall state the reasons for the denial.

N.J. Admin. Code § 5:23-4A.5

Repeal and New Rule, R.1994 d.96, effective 2/22/1994.
See: 25 N.J.R. 5388(a), 26 N.J.R. 1073(a).
Amended by R.1998 d.332, effective 7/6/1998.
See: 30 N.J.R. 1377(a), 30 N.J.R. 2421(b).
In (b), added a new iii in 1, a new v in 2, and a new iv in 3.
Amended by R.2004 d.132, effective 4/5/2004.
See: 35 N.J.R. 5189(a), 36 N.J.R. 1757(b).
In (a), substituted "Buildings, building components and building" for "Building"; deleted former (b); recodified existing (c) as (b).
Amended by R.2013 d.064, effective 4/15/2013.
See: 45 N.J.R. 6(a), 45 N.J.R. 891(a).
Added new (a); recodified former (a) through (b) as (b) through (c); in the introductory paragraph of (c), inserted a comma following "techniques" and "specifications" and inserted "in this subchapter"; and in (c)2, deleted a comma following "alternate" and inserted a comma following "method" and "durability".