Statutes, codes, and regulations
New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRSChapter 23 - UNIFORM CONSTRUCTION CODE
Subchapter 6 - REHABILITATION SUBCODE
Section 5:23-6.31 - Change of use

N.J. Admin. Code § 5:23-6.31

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 5:23-6.31 - Change of use
(a) General: The following are of general applicability to changes of use:
1. When the use of a building is changed, then the building must be brought into compliance with the requirements of this section. Each of the lettered subsections of this section establishes a specific type of requirement. This section establishes requirements for compliance with the basic requirements of this subcode, for means of egress, for enclosure of vertical openings, for height and area limitation, for exterior wall fire resistance, for automatic sprinkler systems, for fire alarm systems, for fire detection systems, for structural soundness, for plumbing, electrical, and mechanical systems, and for accessibility.
i. Limit on new buildings undergoing a change of use: Buildings that have been occupied for their originally intended use for less than one year shall be required to comply with the requirements of the Uniform Construction Code for new construction for the proposed use.
2. The subsections governing compliance with the basic requirements, means of egress, height and area limitations, exterior wall fire resistance, and automatic sprinkler systems incorporate Relative Group Hazard Index Tables. Compliance with the requirements of the subsection is required when the change of use will increase the relative hazard. Each of the subsections should be applied separately to the proposed new use.
3. This section may require an owner to undertake work in order to be permitted to change the use of a building or a portion of a building. Additionally, the owner of a building may wish to undertake other work not required by the section. That work must comply with the requirements for repair, renovation, alteration, and/or reconstruction applicable to the new group in accordance with the provisions of this subcode.
4. Fire protection system removal: Any fire protection system providing partial or redundant protection originally installed to protect a special hazard that no longer exists and that is not required in accordance with the current Uniform Construction Code, is allowed to be removed with the written approval of the fire subcode official and fire official. All disconnected equipment and devices, such as pull stations, nozzles, detectors, sprinklers, sensors, panels, and hose connections, shall be removed so as not to give a false indication that the structure, area, or space is protected. (Fire)
5. Where the character of use of an existing building or portion thereof is changed to one of the following special use or occupancy categories, the building or portion shall comply with the referenced section of the building subcode specific to the special use or occupancy regardless of whether a change of use group is involved.
i. Covered Mall and Open Mall Buildings--Section 402;
ii. Atriums--Sections 404;
iii. Underground Buildings--Section 405;
iv. Motor-Vehicle-Related Occupancies -- Section 406;
v. Motion Picture Projection Rooms--Section 409;
vi. Stages, Platforms, and Technical Production Areas --Section 410;
vii. Special Amusement Areas--Section 411:
(1) A variation shall not be granted for the flame spread and smoke development ratings of interior finish and trim requirements of Section 411.
(2) For the use of a building as a special amusement building, where a variation request has been submitted, the Construction Official shall consult with the Fire Official as required by 5:23-6.2(i).
viii. Aircraft-Related Occupancies--Section 412;
ix. Hazardous Materials--Section 414;
x. Spray Application of Flammable Finishes--Section 416;
xi. Drying Rooms--Section 417;
xii. Organic Coatings--Section 418;
xiii. Hydrogen Fuel Gas Rooms--Section 421;
xiv. Ambulatory Health Care Facilities-Section 422;
xv. Hyperbaric Facilities - Section 425;
xvi. Combustible Dusts, Grain Processing and Storage - Section 426;
xvii. Medical Gas Systems--Section 427; and
xviii. Higher Education Laboratories--Section 428.
xix. Live/Work Units--Section 508.5.
6. Any automatic sprinkler system or fire detection and/or alarm requirements applicable to the special use or occupancy shall be applied throughout the entire building unless the special use or occupancy is separated from the remainder of the building by fire separation assemblies having a rating of at least two hours. (Fire)
7. Group overnight stays: If any non-residential occupancy, other than Group F, H or S, accommodates seven or more non-consecutive group overnight stays within a calendar year for persons over 2 1/2 years of age, and the activities involve planned periods of sleep, the building is considered to have undergone a change of use. In such a case, it shall be necessary to apply for and be issued a Certificate of Occupancy. This shall be a dual Certificate of Occupancy to allow Group R-1 in addition to the existing use of a building. Any facility that accommodates six or fewer overnight stays within a calendar year shall obtain a permit under the Uniform Fire Code, N.J.A.C. 5:70. Group overnight stays in Groups F, H and S shall be prohibited.
8. Where an existing single-family dwelling is converted into a two-family dwelling, the following shall apply:
i. Smoke alarms shall be installed and maintained within each dwelling unit as required by Section 907.2.11.2 of the building subcode or Section R314 of the one- and two-family dwelling subcode, as applicable.
ii. Fire separation between dwelling units.
(1) One-hour dwelling unit separation; or
(2) Two layers of 5/8-inch thick type X gypsum wallboard. The base layer shall be applied at right angles to the joists with 1 1/4-inch minimum drywall screws or nails at 24 inches on center. The face layer shall be applied at right angles to the joists with 1-7/8-inch minimum drywall screws or nails at 12 inches on center. The face layer joints shall be offset from the base layer joints by a minimum of one joist bay. The joints of the face layer shall be taped and provided with a minimum of one layer of spackle. (Plan review--Building, Fire. Inspection--Building)
(b) Compliance with Basic Requirements: Compliance with the basic requirements shall be required as follows:

TABLE B

Relative Group Hazard

1 (highest) H-1, H-2, H-3
2 A-1, A-2 Nightclubs, H-4, H-5, F-1, I-3, M, S-1
3 A-2 Other than Nightclubs, A-3, A-4, A-5, B, F-2, I-2, I-4, R-1, S-2
4 A-3 Places of Worship, E, I-1, R-2, and R-4 buildings more than two stories in height or more than four dwelling units
5 (lowest) R-2 and R-4 buildings two stories or fewer in height and four dwelling units or less, R-3, R-5, U

1. When the use of a building is changed to a higher relative use group hazard as shown in Table B above, the building shall comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30 applied throughout the building for the new group unless otherwise provided. Where another lettered subsection of this section establishes a requirement that differs from the basic requirement, the requirement contained in that other lettered subsection shall govern.
i. Where a portion of a building is changed to a higher relative group hazard, the building shall comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30 for an automatic sprinkler system and fire detection and/or alarms applied throughout the building for the new group unless the proposed use is separated from the existing use(s) by a fire barrier or horizontal assembly, or both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode in which case only the portion changed shall comply; mixed occupancies shall use the highest applicable rating from Table 707.3.10. The portion of the building changed shall comply with all the other basic requirements of N.J.A.C. 5:23-6.10 through 6.30 for the new group.
2. When a change of use is made to an equal or lesser relative group hazard as shown in Table B above, the existing building is not required to comply with the basic requirements except:
i. Where required in connection with alteration or reconstruction work by the sections of this subcode applicable to alteration or reconstruction work; or
ii. Where the proposed use is subject to and not in compliance with the applicable requirements of N.J.A.C. 5:70-4.
(c) Means of Egress: The following requirements apply to means of egress in a change of use:

TABLE C

Hazard Categories and Classifications

Means of Egress

Relative Hazard Use Classifications
1 (highest) H-1, H-2, H-3, A-2 Nightclubs
2 I-2, I-3, I-4
3 A (other than A-2 nightclubs), E, I-1, M, R-1, R-2, R-4
4 B, F-1, R-3, R-5, S-1, H-4, H-5
5 (lowest) F-2, S-2, U

1. For any change of use, except a change of use to Group A-2 Nightclubs, the occupant load of the space shall be calculated based on the capacity of the exits as per N.J.A.C. 5:23-6.11(b). The occupant load shall not exceed one occupant per five square feet floor area unless the building complies with chapter 10 of the building subcode in its entirety.
i. For Group A-2 Nightclubs, the occupant load shall be calculated using section 1029.2 of the building subcode, except the maximum occupant load shall not exceed one occupant per five square feet of occupiable floor space.
ii. Where a portion of a building undergoes a change of use, the determination of the capacity of the exit(s) serving that portion shall include all spaces served by those exit(s).
2. When a change in use is made to a higher hazard category as shown in Table C above, the entire building or portion thereof shall comply with the following requirements of the building subcode or of this subcode as specified below.
i. Sections 1006 (Number of Exits and Exit Access Doorways) and 1007 (Exit and Exit Access Doorway Configuration).
(1) Exception: The occupant load of the space may be restricted in order to comply with the requirements of these sections;
(2) Exception: A single exit shall be permitted in a change of use to a Group R-2 or R-4 where the conditions of N.J.A.C. 5:23-6.26(b) for a single exit are met;
ii. Section 1008 (Means of Egress Illumination);
iii. Section 1010 (Doors, Gates and Turnstiles) except section 1010.1.1 (Size of doors). Apply the Basic Requirements (6.10 through 6.30) for door widths;
iv. Sections 1011.7.2 (Outdoor conditions), 1011.7.3 (Enclosures under interior stairways), 1011.12 (Stairway to roof), and the Basic Requirements (6.10 through 6.30) for stair widths;
vi. Section 1013.1 (Exit signs - where required) and Section 1013.3 (Illumination);
vii. Section 1016.2 (Egress through intervening spaces);
viii. Section 1017 (Exit Access Travel Distance);
ix. Section 1018 (Aisles);
x. Sections 1020.2 (Corridor construction), 1020.4 (Corridor obstruction), 1020.6 (Air movement in corridors), 1020.7 (Corridor continuity), and the Basic Requirements (6.10 through 6.30) for corridor widths.
(1) Existing lath and plaster in good condition or existing 1/2-inch thick gypsum wallboard on both sides of the wall shall be accepted where a one-hour fire separation assembly is required by Table 1020.2 (Corridor Fire-Resistance Rating);
xi. Section 1025 (Luminous Egress Path Markings);
xii. Section 1026 (Horizontal Exits);
xiii. Section 1028 (Exit Discharge) and Section 1029 (Egress Courts); and
xiv. Section 1030 (Assembly).
3. When a change of use is made to an equal or lesser hazard category as shown in Table C above, the existing building is not required to comply with the requirements contained in (c)2 above except in areas where reconstruction work being performed in connection with the change of use triggers these requirements.
4. Vertical opening protection shall be provided for all stairs in accordance with 5:23-6.10 through 6.30 when a change of use that also constitutes a change of group is made and the proposed group is a higher hazard category as shown in Table C above.
i. Where the group of a portion of a building is changed to a higher hazard category, vertical opening protection shall be provided for all stairs serving the proposed group from the floor(s) on which the proposed group is located to the level of exit discharge.
5. Notwithstanding the relative hazard as determined by Table C above, where any change of use occurs to a story with one exit, the story shall meet the requirements at Section 1006.3.4 (single exits) of the building subcode for the proposed use.
i. Exception: A single exit shall be permitted in a change of use to a Group R-2 or R-4 where the conditions of N.J.A.C. 5:23-6.26(b) for a single exit are met.
6. When a change of use is made to any residential group (R-1, R-2, R-3, R-4 or R-5) or to Group I-1, every sleeping room below the fourth story shall have at least one operable window or exterior door. Where windows are provided to comply with this requirement, the window shall have a sill height of not more than 44 inches, and have a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side.
i. An outside window or exterior door is not required in buildings where the sleeping room is provided with a door to a corridor having access to two remote exits.
ii. An outside window or exterior door is not required in buildings equipped throughout with an automatic sprinkler system.
iii. In a building that originally was in Group R-3 or R-5 and is returning to Group R-3 or R-5, the windows shall be permitted to remain as they were during the time when the building previously was in use as a residence. (Plan review--Building, Fire. Inspection--Building)
7. Notwithstanding the relative hazard as determined by Table B or C above, where any change in use occurs to a Group A or Group E with an occupant load of 50 or more, approved panic hardware shall be installed in accordance with Section 1010.2.9 (panic and fire exit hardware) of the building subcode.
8. Notwithstanding the relative hazard as determined by Table B or C above, a single exit shall not be permitted when a building is to be used as a child care center. (Plan review--Building, Fire. Inspection--Building)
(d) Enclosure of vertical openings:
1. For any change of use that also constitutes a change in group, vertical openings other than stairs shall be protected as required by 5:23-6.10 through 6.30 for the proposed use within each space undergoing a change of use.
2. Stairs shall be enclosed in accordance with 5:23-6.10 through 6.30 for the proposed use when a change of use that also constitutes a change of group is made and the proposed group is a higher hazard category as shown in Table C above.
3. Atriums in compliance with Section 404 of the building subcode are not required to be enclosed. (Plan review--Building, Fire. Inspection--Building)
(e) Height and Area Limitations: The following height and area limitations apply in a change of use.

TABLE E

Hazard Categories and Classifications

Height and Area

Relative Hazard Use Classification
1 (highest) A-2 Nightclubs, H-1, H-2, I-2, I-3, I-4
2 A-1, A-2 Other than Nightclubs, A-3, A-4, E, F-1, H-3, H-4, H-5, I-1, M, S-1
3 A-3 Places of Worship, B, R-1, R-2, R-4
4 (lowest) F-2, R-3, R-5, S-2, U

1. When a change of use is made to a higher hazard category as shown in Table E above, the height and area of the building shall meet the limitations of Chapter 5 of the building subcode for the proposed group.
i. For the purpose of determining the construction type, the fire resistance rating of the following structural elements shall be considered: exterior loadbearing walls, interior loadbearing walls, columns, girders, trusses and framing, floor construction, including beams, and roof construction, including beams, trusses and framing, arches and roof decks.
2. When a change of use is made to an equal or lesser hazard category as shown in Table E, the existing building may continue to exceed the maximum allowable height and area permitted for new buildings.
3. Where a change of use is made in a mixed use building or a single use building is changed to a mixed use building, and any of the proposed uses is a higher category as per Table E, the building shall comply with one or any combination of the following:
i. Nonseparated groups: The maximum allowable height and area shall be determined by applying the more restrictive of the height and area limitations of each group, as per Tables 504.3, 504.4, and 506.2 of the building subcode, to the entire building.
(1) Occupancies of Group H shall not be permitted to be unseparated when located in the same building as Groups A, E, I, M, R, or non-accessory Group B.
(2) Accessory occupancies in compliance with Section 508.2 of the building subcode are not required to comply with this requirement.
(3) When a change of use is made such that any nonresidential use is located below or attached to a residential use, a one-hour fire separation shall be provided between the groups. The exits from the residential floors shall be separately enclosed.
ii. Separated groups: Each portion of the building containing a group shall be completely separated from adjacent groups by a fire barrier or horizontal assembly, or both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode; mixed occupancies shall use the highest applicable rating from Table 707.3.10. For buildings equipped throughout with an automatic sprinkler system, the required fire resistance rating for groups other than H is permitted to be reduced by one hour but shall not be reduced to less than one hour. Each portion of the building shall comply with the height limitation of Tables 504.3 and 504.4 of the building subcode for that group. In each story, the area shall be such that the sum of the ratios of the floor area of each group divided by the allowable area of Table 506.2 of the building subcode for each group shall not exceed 1.0.
(1) Exception: Accessory occupancies in compliance with Section 508.2 of the building subcode are not required to comply with this requirement.
iii. Separate buildings: If each group is separated from other groups by fire walls that meet the requirements of Table 601 of the building subcode, then each group shall be considered a separate building. Each building shall comply with the height and area limitation of Tables 504.3, 504.4, and 506.2 of the building subcode.
(1) Exception: Accessory occupancies in compliance with Section 508.2 of the building subcode are not required to comply with this requirement.
4. In an unlimited area building, when a change of use is made to a higher hazard category as shown in Table E above, the building or portion thereof is required to comply with Section 507 of the building subcode for the proposed new use. (Plan review--Building, Fire Inspection--Building)
(f) Exterior Wall Fire Resistance Ratings and Maximum Area of Exterior Wall Openings: The following exterior wall fire resistance ratings and maximum area of exterior wall openings apply in changes of use:

TABLE F

Hazard Categories and Classifications

Exposure of Exterior Walls

Relative Hazard Use Classification
1 (highest) H
2 Buildings exceeding 12,000 sq ft of F-1, M or S-1
3 A, B, E, F-2, I, R-1, S-2 Buildings 12,000 sq ft or less of F-1, M$=B,$=R or S-1
4 (lowest) R-2, R-3, R-4, R-5, U

1. Exterior Wall Protection: If the group of a building is changed to a higher hazard classification in accordance with Table F, the requirements for exterior wall fire resistance rating in the table below shall be met.

Requirements for Exterior Wall Fire Resistance Rating Building Use Group<b>
Fire Separation DistanceH-2F-1, H-3, M, S-1A, B, E, F-2, S-2, H-4, H-5, I, R-1
0-5 feet432<a>
Over 5-10 feet321
Over 10-15 feet2r10
Over 15-30 feetr1-300
Over 30 feet30300
Note a: Existing eight-inch hollow or six-inch solid masonry walls shall be accepted as a two-hour rating in other than Group H-2 or H-3.
Note b: When the group of a building is changed to H-1, the building shall be located in accordance with Section 415.3 of the building subcode.

i. The requirements for exterior wall fire resistance rating shall not apply to exterior walls which face buildings on the same lot where the buildings are such that, if combined into one structure, the resulting building would comply with the height and area limitations of Tables 504.3, 504.4, and 506.2 of the building subcode.
ii. Where a portion of a building is changed to a higher hazard classification, exterior walls and openings of the entire building shall comply with the provisions of this section. If the proposed use is separated from the rest of the building by a fire barrier having a fire resistance rating in accordance with Table 707.3.10 of the building subcode, then only the portion changed must comply with the provisions of this section; mixed occupancies shall use the highest applicable rating from Table 707.3.10.
iii. When a change of use is made to an equal or lesser hazard classification as shown in Table F, no change in the rating of existing exterior walls is required.
iv. The fire resistance rating of non-loadbearing exterior walls may be reduced by one hour in buildings equipped throughout with an automatic sprinkler system. In a building equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13, the fire resistance rating of a non-loadbearing exterior wall may be reduced by one hour with the following exceptions:
(1) Exception: Where the fire separation distance is five feet or less, the fire resistance rating shall not be reduced to less than one hour.
(2) Exception: The rating of non-loadbearing exterior walls shall not be reduced in buildings of Group H.
2. Exterior Wall Openings: If the group of a building is changed to a higher hazard classification in accordance with Table F, the requirements for exterior wall openings in the table below shall be met.

Group Exterior Wall Requirements
H No opening permitted with a fire separation distance of three feet or less. Protected openings required with a fire separation distance of 20 feet or less.
A-1, A-2 Nightclubs, A-2 Other than Nightclubs, A-3, A-4, A-3 Places of Worship, B, E, F-1, I-1, I-2, I-3, I-4, M, S-1, R-1 No openings permitted with a fire separation distance of three feet or less. Walls with a fire separation distance of 10 feet or less, but more than three feet, are permitted to have unprotected openings with an aggregate area not exceeding 10 percent of the area of the wall. Openings in excess of 10 percent of the aggregate wall area shall be protected.
F-2, S-2 No openings permitted with a fire separation distance of three feet or less. Protected openings required with a fire separation distance of five feet or less.

i. If the building is provided with an automatic sprinkler system throughout, the amount of unprotected openings shall be permitted to be increased to the limit for protected openings.
ii. In all occupancies other than Group H, unlimited unprotected openings are permitted in the first story of exterior walls facing a street which have a fire separation distance of greater than 15 feet, or facing unoccupied space. The unoccupied space shall be on the same lot or dedicated for public use, shall not be less than 30 feet in width and shall have access from a street by a posted fire lane not less than 30 feet in width and shall have access from a street by a posted fire lane not less than 18 feet in width.
iii. When a change of use is made to an equal or lesser hazard classification as shown in Table F, no change in existing exterior wall openings is required. (Plan review--Building, Fire. Inspection--Building)
(g) Automatic Sprinkler Systems: The following automatic sprinkler system requirements apply in changes of use.

TABLE G

Hazard Categories and Classifications Automatic Sprinkler Systems

Relative Hazard Use Classification
1 (highest) A-2 nightclubs, H, I
2 A-2 (other than nightclubs), R-1, R-2, R-3, R-4
3 A-1, A-3, A-4
4 F-1, M, S-1
5 A-3 Places of Worship, E
6 (lowest) A-5, B, F-2, R-5, S-2, U

1. When a change of use is made to a higher hazard category as shown in Table G, the building shall be provided with an automatic sprinkler system as required by the following sections of the building subcode: 903.2.1 for Group A occupancies, 903.2.3 for Group E occupancies, 903.2.4 for Group F-1 occupancies, 903.2.5 for Group H occupancies, 903.2.6 for Group I occupancies, 903.2.7 for Group M occupancies, 903.2.8 for Group R occupancies, 903.2.9 for Group S-1, 903.2.10 for Group S-2, and 903.2.11.1 for windowless stories (stories without openings.) When this section requires an automatic sprinkler system, compliance with 903.3 of the building subcode is also required.
i. When a portion of a building is changed to a higher hazard category and the proposed use is separated from the existing use(s) by a fire barrier or horizontal assembly, or both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode, an automatic sprinkler system as required above shall be installed only in the portion changed; mixed occupancies shall use the highest applicable rating from Table 707.3.10.
ii. When an attached single-family townhouse or portion thereof or a portion of a detached one- or two-family dwelling is changed to any nonresidential use, except Group H, Group F, or Group S, the remaining attached dwelling(s) or portion of the dwelling(s) are not required to be provided with an automatic sprinkler system.
2. When a change of use is made to an equal or lesser hazard category as shown in Table G, there is no requirement to install an automatic sprinkler system except in areas where work being performed in connection with the change of use triggers a requirement for an automatic sprinkler system and in windowless stories in accordance with 5:23-6.30(c) of this subchapter.
3. Notwithstanding the relative hazard as determined by Table G, when a change in the character of the use is made to a higher degree of hazard as defined by NFPA 13 (Light Hazard, Ordinary Hazard Group 1, Ordinary Hazard Group 2, Extra Hazard Group 1, Extra Hazard Group 2 and Special Occupancy Hazards), the sprinkler system shall be evaluated and, where required by NFPA 13, altered to conform to the required density and maximum sprinkler protection area per head for the proposed occupancy.
4. Notwithstanding the relative hazard as determined by Table G above, when a change in the group or a change in the character of the use is made to create a dormitory, the building or portion thereof is required to be provided with an automatic sprinkler system. (Fire)
(h) Fire Alarm and Detection Systems: When a change of use is made to any of the following groups, a fire alarm system and/or an automatic fire detection system shall be installed in accordance with Section 907 of the building subcode. Where a portion of a building is changed to any of the following groups, a fire alarm system and/or an automatic fire detection system shall be installed throughout the building in accordance with Section 907 of the building subcode unless the proposed use is separated from the other use(s) in the building by a fire barrier having a fire resistance rating in accordance with Table 707.3.10 of the building subcode in which case only the portion changed shall comply; mixed occupancies shall use the highest applicable rating from Table 707.3.10. (For purposes of applying this section, horizontal separation shall not be considered.)
1. Group A: A manual or automatic fire alarm system shall be installed and maintained as required by Section 907.2.1 of the building subcode.
2. Group B: A manual fire alarm system shall be installed and maintained as required by Section 907.2.2 of the building subcode.
3. Group E: A manual fire alarm system shall be installed and maintained as required by Section 907.2.3 of the building subcode.
4. Group F: A manual fire alarm system shall be installed and maintained as required by Section 907.2.4 of the building subcode.
5. Group H: A manual fire alarm system shall be installed and maintained as required by Section 907.2.5 of the building subcode.
6. Group I: A manual fire alarm system and an automatic smoke detection system shall be installed and maintained as required by Section 907.2.6 of the building subcode.
7. Group M: A manual fire alarm system shall be installed and maintained as required by Section 907.2.7 of the building subcode.
8. Group R-1: A manual fire alarm system and an automatic smoke detection system shall be installed and maintained as required by Section 907.2.8 of the building subcode.
9. Group R-2: A fire alarm system shall be installed and maintained as required by Section 907.2.9 of the building subcode.
10. Group R-4: An automatic smoke detection system shall be installed and maintained as required by Section 907.2.9A of the building subcode.
11. Group S: A manual fire alarm system shall be installed and maintained as required by Section 907.2.10 of the building subcode. (Fire)
(i) Single and Multiple Station Smoke Alarms: When a change of use is made to any of the following groups, single and multiple station smoke alarms shall be installed in accordance with Section 907.2.11 of the building subcode.
1. Group R-1: Single or multiple station smoke alarms shall be installed and maintained as required by Section 907.2.11.1 of the building subcode.
2. Groups R-2, R-3, R-4, R-5, and I-1: Smoke alarms shall be installed and maintained as required by Section 907.2.11.2 of the building subcode or Section R314 of the one- and two-family dwelling subcode, as applicable.
3. Where the use of a portion of a building is changed such that any nonresidential use is located below or attached to one or more dwelling units (including single room occupancies), single or multiple station smoke alarms shall be installed in the nonresidential portion(s) of the building in accordance with NFPA 72 and provided with an audible alarm located within each dwelling unit of the residential portion of the building. The alarms shall be AC powered with battery back-up. Hard-wired, interconnected smoke alarms installed throughout the building shall be accepted as meeting this requirement. (Fire)
(j) Carbon monoxide detection equipment: When the use of a building is changed and the building contains a fuel-burning appliance or has an attached garage, carbon monoxide detection equipment shall be installed in accordance with Section 915 of the building subcode or Section R 315 of the one- and two-family dwelling subcode, as applicable. (Fire)
1. Exception: In occupancies other than Group I-1, I-2, I-4 or R or classrooms in Group E occupancies, battery-powered or plug-in devices shall be accepted for purposes of meeting the requirements of this section.
(k) Structural Requirements: The following structural requirements shall apply in changes of use:

TABLE K
Structural Load Categories
Load CategoryUse or Character of Use
1 (highest)F-1, F-2, S-1, S-2, stack areas in libraries, stages and platforms, areas subject to vehicular loads, queuing areas
2All loading conditions not listed in category 1 or 3
3 (lowest)B, E, I-1, I-2, I-3, I-4, R-1, R-2, R-3, R-4, R-5

1. When the use or the character of use of a building is changed to a higher load category as shown in Table K above, then the structure shall be capable of supporting the load requirement for the new use or character of use as specified in Table 1607.1 of the building subcode.
i. If the building subcode official determines that the number of occupants or the placement and weight of furniture and equipment can be controlled by the occupants, the areas designed for the reduced live load shall be posted with the approved live load. Placards stating the allowable live loads shall be posted. Placards may state loads in forms usable by the occupants, in addition to posting the allowable load in pounds per square foot. Such information shall be developed by a licensed design professional and be approved by the subcode official.
(1) Analysis and test methods for evaluation of existing structural members shall use methods specified in the code in effect at the time the building was originally constructed or other standards as approved by the subcode official.
ii. The corridor and lobby loading requirements of Table 1607.1 shall be met only if the corridor exceeds six feet in width or if the lobby or corridor area is used for queuing purposes.
2. Where the use or character of use within an existing building is changed to an equal or lower load category as shown in Table K above, then the existing structure may be used without modification, provided that the building is structurally sound and in good structural repair.
3. When a building is reclassified into one of the following occupancies, the building shall comply with the seismic design requirements of Section 1613 of the building subcode: Fire, rescue and police stations; Group I-2 having surgery or emergency treatment facilities; emergency preparedness centers; post-earthquake recovery vehicle garages; post-earthquake shelters; power-generating stations and other utilities required as emergency backup facilities; primary communication facilities; highly toxic materials as defined by Section 307 of the building subcode where the quantity of material exceeds the exempt amount as per Section 307.1 of the building subcode. (Building)
(l) Plumbing Requirements: When the character of the use of a building or portion of a building is changed, the following plumbing provisions shall apply:
1. The fixture requirements for the proposed new use shall comply with the basic requirements for that use.
2. If the new use is a food handling establishment, all existing sanitary waste lines above the food or drink preparation or storage areas shall be panned or otherwise protected to prevent leaking pipes or condensation on pipes from contaminating food or drink. New drainage lines shall not be installed above such areas except where it is the only practical alternative. Where new lines are to be installed, they shall be protected in accordance with the plumbing subcode.
3. New uses that will produce grease or oil laden wastes shall be provided with interceptors as required in the plumbing subcode.
4. If the new use produces chemical wastes, the following shall apply:
i. If the existing piping is compatible with the chemical waste, no change to the existing piping material is required.
ii. If the existing piping is not compatible with the chemical waste, either the waste must be neutralized prior to entering the drainage system or the piping must be changed to a compatible material.
iii. No chemical waste shall discharge to a public sewer system without the approval of the sewage authority.
5. Where a building's use is changed to a health care facility, the requirements of chapter 14 of the plumbing subcode shall apply. (Plumbing)
(m) Electrical Requirements: The following electrical requirements shall apply in changes of use:
1. When the character of the use of a building or portion thereof is changed to one of the following special occupancies as described at Chapter 5 of the electrical subcode, the electrical wiring and equipment of the building or portion thereof that contains the proposed use shall comply with all applicable requirements of the electrical subcode regardless of whether a change of group is involved:
i. Hazardous (classified) Locations;
ii. Commercial Garages, Repair and Storage;
iii. Aircraft Hangars;
iv. Motor Fuel Dispensing Facilities;
v. Bulk Storage Plants;
vi. Spray Application, Dipping, Coating, and Printing Processes;
vii. Health Care Facilities;
viii. Assembly Occupancies;
ix. Theaters, Motion Picture and Television Studios, and Similar Locations;
x. Motion Picture and Television Studios and Similar Locations; and
xi. Agricultural Buildings.
2. When the use of a building is changed to Group R-2, R-3, R-4 or R-5, the electrical wiring and equipment of the building shall comply, at a minimum, with the Basic Requirements of this subcode for that use and shall have the electrical service (conductors and equipment) sized and rated in accordance with the electrical subcode. (Electrical)
(n) Mechanical Requirements: When the character of the use of a building is changed, the following mechanical provisions shall apply:
1. All spaces intended for human occupancy shall be provided with natural or mechanical ventilation. A building intended to be used as a public school shall be mechanically ventilated.
i. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the outdoors shall be based on the total floor area being ventilated.
ii. Spaces intended to be mechanically ventilated shall comply with the following:
(1) If the occupancy of a building is changed and the new occupancy would require the same or a lesser amount of outdoor air based on the equations below, no change to the mechanical ventilation system is required.
(2) If the occupancy of a building is changed and the new occupancy would require a greater amount of outdoor air based on the equations below, the HVAC system shall be upgraded to satisfy the requirements of Table 403.3.1.1 in the mechanical subcode for the new occupancy.
(3) Residential buildings that are intended to be mechanically ventilated shall be provided with the ventilation specified in the mechanical subcode.
(4) When the use of a building is changed to a health care facility, mechanical ventilation shall be provided as required by the mechanical subcode and 5:23-3.2(b).
(5) When the group of a building is changed to B or E and the building is a class one or class two building, a test and balance report shall be submitted prior to the issuance of a certificate of occupancy. (Building)
2. A commercial hood and an automatic suppression system that comply with the mechanical subcode shall be required for commercial cooking operations producing grease-laden vapors. No automatic suppression system shall be required for completely enclosed ovens, steam tables or similar equipment.
i. Exception: Bed and breakfast home stay facilities, which are designed to accommodate five or fewer guests, shall not be required to comply with this provision. (Fire)
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors, fumes, sprays, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with local exhaust in accordance with Section 502 of the mechanical subcode. (Building)

TABLE N
Outdoor Air Rates Based on Occupancy Type
OccupancyP/1,000 sq.ft.CFM/person
Storage Warehouses510
Correction Facilities
Dining Halls10015
Guard Stations4015
Dry Cleaners, laundries
Coin oper dry cleaner2015
Coin oper laundries2015
Education
Auditoriums15015
Classrooms5015
Libraries2015
Music Rooms5015
Food & Bev Service
Dining Rooms7015
Kitchens (cooking)2015
Hospitals, Nursing &
Convalescent Homes
Med Procedure Rooms2015
Physical Therapy2015
Recovery and ICU2015
Hotels, Motels, Resorts,
Dormitories
Assembly Rooms12015
Dormitory Sleep Areas2015
Lobbies3015
Specialty Shops
Barber2515
Florists815
Hardware, drug, fabric815
Reducing Salons2015
Supermarkets815
Theaters
Auditoriums15015
Stages and Studios7015
Transportation
Platforms10015
Vehicles15015
Waiting Rooms10015
Workrooms
Bank Vaults515
Meat Processing1015
Pharmacy2015
Photo Studios1015
Sports and Amusement
Spectator Areas15015
Correctional Facilities
Cells2020
Education
Laboratories5020
Training Shops3020
Food & Bev Service
Cafeteria, fast food10020
Hotels, Motels, Resorts,
Dormitories
Conference Rooms5020
Dry Cleaners
Commercial Laundry1025
Hospitals, Nursing and
Convalescent Homes
Patient Rooms1025
Specialty Shops
Beauty2525
Dry Cleaners, Laundries
Commercial Dry
Cleaner3030
Food & Bev Service
Bars & Cocktail
Lounges10030
Dry Cleaners, Laundries
Storage, Pick-up3035
Smoking Lounges7060
Offices
Conference Rooms5020
Office Spaces720
Reception Areas6020
Telecommunication
Ctrs & Data Entry6020
Theaters
Lobbies15020
Ticket Booths6020
Sports and Amusement
Playing floors (gym)3020
Sports and Amusement
Ballrooms and Discos10025
Bowling Alleys
(Seating areas)7025
Game Rooms7025
Hospitals, Nursing &
Convalescent Homes
Operating Rooms2030
Hotels, Motels, Resorts,
Dormitories
Gambling Casinos12030

OccupancyCFM/sq. ft.
Education
Corridors0.1
Locker Rooms0.5
Hospitals, Nursing and
Convalescent Homes
Autopsy Rooms0.5
Public Spaces
Corridors and Utilities0.05
Elevators1.0
Locker & Dressing Rooms0.5
Public Restrooms75 cfm per water closet
or urinal
Retail Stores, Sales Floors
and Showroom Floors
Basement and Street0.3
Dressing Rooms0.2
Malls and Arcades0.2
Shipping and Receiving0.15
Storage Rooms0.15
Upper Floors0.2
Warehouses0.05
Specialty Shops
Automotive Service1.5
Clothes and Furniture0.3
Pet Shops1.0
Sports & Amusement
Ice Arenas0.5
Swimming Pools
(Pool & Deck Area)0.5
Storage
Repair Garages/Public
Garages1.5
Workrooms
Darkrooms0.5
Duplicating0.5
Note: P/1,000 sq. ft. = persons per 1,000 square feet of building area.
Note a. Spaces unheated or maintained below 50 degrees F are not covered
by these requirements unless the occupancy is continuous.
Where the ventilation rates in Table N are based on CFM/person
(1) OL[n] x V[n] is less than or equal to OL[e] x V[e]+ no upgrade
(2) OL[n] x V[n] is greater than OL[e] x V[e]+ upgrade
Where the ventilation rates in Table N are based on CFM/square footage
(3) SF[n]xV[n] is less than or equal to SF[e]xV[e]+ no upgrade
(4) SF[n]xV[n] is greater than SF[e]xV[e]+ upgrade
Where the ventilation rates in Table N are based on CFM/square footage
and CFM/person
(5) OL[n]xV[n] is less than or equal to SF[e]xV[e]+ no upgrade
(6) OL[n]xV[n] is greater than SF[e]xV[e]+ upgrade
(7) SF[n]xV[n] is less than or equal to OL[e]xV[e]+ no upgrade
(8) SF[n]xV[n] is greater than OL[e]xV[e]+ upgrade
Where:
OL[n] =the occupant load of the proposed occupancy based on
Table N. When accepted by the administrative authority this occupant load can be reduced.
OL[e] =the occupant load of the existing occupancy
based on Table N.
SF[n] =the square footage of the proposed occupancy.
SF[e] =the square footage of the existing occupancy.
V[n] =the ventilation rate for the proposed
occupancy based on Table N.
V[e] =the ventilation rate for the existing
occupancy based on Table N.

(o) Accessibility requirements: The following accessibility requirements shall apply in changes of use:
1. Nonresidential buildings and buildings of Use Group R-1.
i. The change of use of a building of 10,000 square feet or more total gross enclosed floor area shall comply with all applicable provisions of Chapter 11 of the building subcode.
ii. The change of use of a building of less than 10,000 square feet total gross enclosed floor area shall be exempt from the provisions of Chapter 11 of the building subcode, except as follows:
(1) An alteration project undertaken in connection with the change of use of a small building shall provide accessibility as required by 5:23-6.6.
(2) A reconstruction project undertaken in connection with the change of use of a small building shall provide accessibility as required by 5:23-6.7.
iii. In a building of any size, where there is a change of use of an area of 10,000 square feet or more, the proposed new use shall comply with the requirements of Chapter 11 of the building subcode.
iv. In a building of any size, where there is a change of use of an area of less than 10,000 square feet, the proposed new use shall be exempt from the provisions of Chapter 11 of the building subcode, except as follows:
(1) A renovation project undertaken in connection with the change of use of a small building shall provide accessibility as required by 5:23-6.5.
(2) An alteration project undertaken in connection with the change of use of a small building shall provide accessibility as required by N.J.A.C. 5:23-6.6.
(3) A reconstruction project undertaken in connection with the change of use of a small building shall provide accessibility as required by N.J.A.C. 5:23-6.7. (Building)
2. When an assisted living facility that was constructed with dwelling units or rooms pursuant to Chapter 11 of the building subcode because it provided accommodations for stays of 30 or more consecutive days makes any of those dwelling units or rooms available for less than 30 consecutive days, 50 percent of the accommodations or rooms made thus available shall be made fully accessible. The work needed to make those units accessible shall be completed and approved before any occupancy of less than 30 days.
3. Residential buildings, other than buildings of Group R-1, with four or more dwelling units.
i. A renovation project undertaken in connection with the change of use shall provide accessibility as required by N.J.A.C. 5:23-6.5.
ii. An alteration project undertaken in connection with the change of use shall provide accessibility as required by N.J.A.C. 5:23-6.6.
iii. A reconstruction project undertaken in connection with the change of use shall provide accessibility as required by N.J.A.C. 5:23-6.7. (Building)
(p) Change of use to a bed and breakfast shall be done in compliance with this subchapter except as modified below. (Plan review--Building, Fire. Inspection--Building)
1. Single-family dwellings of Group R-3, R-4, or R-5 that are being converted to bed and breakfast guest houses shall meet the requirements of this section.
i. "Bed and breakfast guest house" shall mean a facility providing sleeping or dwelling accommodations to transient guests which:
(1) Consists of a structure originally constructed for the purposes of a private residence;
(2) Includes individual sleeping accommodations for six to 12 guests;
(3) Has at least one dwelling unit occupied by the owner of the facility or the owner's agent as his or her place of residence during any time this facility is being used for the lodging of guests or has an owner or agent of the owner within 15 minutes travel distance of the facility while guests are lodging there;
(A) If the owner or agent is not on site, there shall be a clearly legible sign, conspicuously displayed in the area where guests register, containing the owner's or agent's name, address (including unit number or apartment number), and a 24-hour emergency telephone number;
(4) Has not less than 300 square feet of common area for the exclusive use of the guests, including, but not limited to, parlors, dining rooms, libraries, porches, verandas, and solariums for occupancies with more than 10 guests or not less than 150 square feet of common area for occupancies with 10 or fewer guests;
(5) Prohibits cooking and smoking in guest rooms;
(6) Provides a meal to the guests in the forenoon of each day but does not operate as a restaurant open to the general public;
(7) Is not a "rooming house" or "boarding house" as defined in 55:13B-3;
(8) Does not allow more than 15 percent of the guests to remain more than 30 successive days or more than 30 days of any period of 60 successive days; and
(9) Does not allow any guest to remain more than 60 successive days or more than 60 days of any period of 90 successive days.
2. Single-family dwellings of Group R-3, R-4, or R-5 that have been converted to bed and breakfast guest houses shall be deemed to have met the intent of the rules, as provided in N.J.A.C. 5:23-2.6(b) l, if the following requirements have been met:
i. AC-powered interconnected smoke alarms with battery back-ups shall be installed in accordance with the building subcode in the locations listed below. Fixed temperature or rate-of-rise and fixed temperature heat detectors may be substituted for smoke alarms in those locations where frequent nuisance alarms would be likely to occur. At least one portable visual alarm-type smoke alarm for the deaf or hearing impaired shall be available. Notification of the availability of such devices shall be provided to each occupant. Installation shall be required at the following locations:
(1) In all guestrooms;
(2) On each story in common areas;
(3) In storage rooms;
(4) In basements; and
(5) In utility and mechanical rooms.
ii. Except as otherwise provided in (p)2ii(1) and (2) below, every story utilized for human occupancy shall be provided with a minimum of two exits.
(1) An existing fire escape shall be accepted as providing one of the required means of egress if it can safely be used under emergency exiting conditions. All occupants shall have unobstructed access to the fire escape without having to pass through a room subject to locking. Access to a fire escape shall be through a door, except that window access shall be permitted from guest rooms;
(A) Window access shall be permitted to serve more than one guestroom provided that the window serves a floor with a maximum occupant load of 10 and that the window has a clear opening of at least 5.7 square feet, a minimum net clear opening of 24 inches in height, a minimum net clear opening of 20 inches in width, and a sill height of not more than 44 inches above the finished floor.
(B) Where a door is required because the occupant load served exceeds 10, the door shall have a clear opening of at least 10 square feet, a minimum net clear opening of 54 inches in height, and a minimum net clear opening of 24 inches in width.
(2) In buildings having a single exit, no additional exit shall be required if all of the following conditions are met:
(A) At all locations in the story at the level of discharge, the exit access travel distance shall not exceed 75 feet;
(B) In buildings not more than two stories in height, from floors that are not more than 16 feet above grade, where there are not more than four guestrooms per floor and the exit access travel distance does not exceed 50 feet, the exit shall be enclosed with construction and opening protection providing a one hour fire-resistance rating; and
(C) No part of the building open to guests shall be on a floor that is more than 16 feet above exterior grade.
iii. Every sleeping room shall be provided with an operable window having a sill height of not more than 44 inches, having a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side.
iv. Dead-end corridors shall not exceed 35 feet.
v. Emergency egress lighting shall be provided and shall be connected to an emergency electrical system conforming to NFPA 70 to assure continued illumination for a duration of not less than one hour, in case of primary power loss in all building rooms or spaces required to have more than one exit or exit access.
vi. In all buildings, rooms or spaces required to have more than one exit or exit access, all required means of egress shall be indicated with approved, internally illuminated or self-luminous exit signs that comply with the building subcode. Exit signs shall not be required if the second means of egress is a fire escape that is accessed directly from an individual sleeping room(s) or on main exterior doors that are clearly identified as exits. Exit signs shall be connected to an emergency electrical system to assure continued illumination for not less than one hour in case of primary power loss.
vii. Means of egress doors shall comply with the following:
(1) All doors opening into a passageway at grade or exit stair shall be self closing or automatic closing by listed closing devices; and
(2) All guest room doors shall be at least 1 3/8 inch solid core wood or approved equal with approved door closers and shall be reasonably tight fitting. Replacement doors shall be 1 3/4 inch solid cord wood or approved equal unless existing frame will accommodate only a 1 3/8 inch door.
viii. Existing handrails and guardrails provided for stairways and open sided floor areas shall be permitted to remain in place, provided they are structurally sound. When handrails or guardrails do not exist in locations where the building subcode requires them, or where handrails or guardrails are in danger of collapse when used under emergency conditions, handrails and guardrails complying with the building subcode shall be provided.
ix. Transoms shall be either glazed with 1/4 inch wire glass set in metal frames and permanently secured in the closed position or sealed with materials consistent with the corridor construction.
x. Interior finish shall comply with the following:
(1) Interior finish of exit enclosures shall have a flame spread of 0-25 and a smoke developed rating of 450 or less (Class I finish as determined by ASTM-E84);
(2) Interior finish of exit access enclosures shall have a flame spread of 26-75 and a smoke developed rating of 450 or less (Class II finish as determined by ASTM-E84);
(3) Interior finish of all other spaces shall have a flame spread rating of under 200 and a smoke developed rating of 450 or less (Class III finish as determined by ASTM-E84).
xi. Interior stairways and other vertical openings connecting more than six floor levels shall be enclosed with approved assemblies having a two-hour fire-resistance rating. Those connecting four to six floor levels shall be enclosed with approved assemblies having a one-hour fire-resistance rating. Interior stairways connecting three or fewer levels shall be enclosed as follows:
(1) A minimum one-hour fire barrier shall be provided to protect all interior stairways and other vertical openings not exceeding three stories. Such fire barrier may be omitted provided that:
(A) The building is provided throughout with an approved automatic fire suppression system complying with the building subcode; or
(B) All of the following conditions exist:
I. Every sleeping room has an operable window with a sill height of not more than 44 inches, a width of at least 20 inches, a height of at least 24 inches and a minimum total area of 5.7 square feet measured from head to sill and from side to side;
II. The building is protected throughout by an automatic fire alarm system complying with the building subcode and is supervised in accordance with NFPA 72; and
III. Every sleeping room above the second floor or more than 16 feet above grade is provided with direct access to a fire escape or other approved secondary exit or any exit-access corridor exceeding 20 feet in length which serves two means of egress, at least one of which is an unprotected vertical opening, shall be separated from the vertical opening by a one-hour fire barrier.
(q) A change in the character of use of a single-family home to a cooperative sober living residence shall comply with this subchapter except as modified below. (Plan review--Building, Fire. Inspection--Building, Fire.)
1. Single-family dwellings of Group R-3 or R-5 that are being converted to a cooperative sober living residence shall meet the requirements of this section.
i. There shall be not more than 10 occupants, excluding staff; each occupant, including staff, shall be capable of prompt self-evacuation;
ii. Each home shall have smoke alarms that comply with the Uniform Fire Code (N.J.A.C. 5:70-4.19). Fire alarm systems installed in accordance with the One- and Two-Family Dwelling Subcode shall also be deemed to comply. Smoke alarms shall be located in each sleeping room, in the area outside separate sleeping rooms, and on each additional story of the dwelling, including basements and habitable attics;
iii. In the vicinity of each sleeping area, each home with a fuel burning appliance or with an attached garage shall have carbon-monoxide alarms that comply with the Uniform Fire Code (N.J.A.C. 5:70-4.19) or with N.J.A.C. 5:27-14.1; and
iv. Each bedroom shall have an operable egress window that complies with the Uniform Construction Code (N.J.A.C. 5:23).

N.J. Admin. Code § 5:23-6.31

Amended by 49 N.J.R. 1020(a), effective 5/1/2017
Amended by 49 N.J.R. 1381(b), effective 6/5/2017
Amended by 50 N.J.R. 310(a), effective 1/16/2018
Administrative Change, 50 N.J.R. 2327(a).
Amended by 53 N.J.R. 245(a), effective 2/16/2021
Administrative Change, 53 N.J.R. 1671(c), effective 9/10/2021.
Amended by 54 N.J.R. 2371(c), effective 12/19/2022
Amended by 55 N.J.R. 349(a), effective 3/6/2023
Administrative Change, 56 N.J.R. 36(a)effective 12/6/2023
Administrative Change, 56 N.J.R. 1711(a), effective 7/16/2024