N.J. Admin. Code § 5:23-6.9

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

Section 5:23-6.9 - New building elements

(a) When the rehabilitation of an existing building creates or includes any building element of a type listed in this section, then the new element shall comply with the requirements for such an element established by this section.

(b) Building Subcode and One- and Two-Family Dwelling Subcode shall be as follows:

1. The installation of a floor system which did not previously exist, shall be constructed utilizing the live load requirements as specified in Section 1607 of the building subcode, or with Section R301.5 of the one- and two-family dwelling subcode, as applicable.

2. When the number of stories in a building is increased without increasing the height of the building, the building shall comply with the story requirements of Table 504.4 of the building subcode.

i. Stories or habitable attics within buildings of Group R-5 shall comply with N.J.A.C. 5:23-3.21(c)3 i (Section R300) of the one- and two-family dwelling subcode.

3. Newly created floor openings shall comply with the requirements of Sections 712 and 713 of the building subcode.

4. Newly created atriums shall comply with the requirements of Section 404 of the building subcode.

5. Newly created door openings shall comply with Section 1010.1.1 of the building subcode. Additionally, newly created door openings in walls which are fire-resistance rated shall comply with Section 716 of the building subcode.

i. Newly created exit doors in buildings of Group R-5 shall comply with Section R311.2 of the one- and two-family dwelling subcode.

6. Newly created openings in fire resistance rated assemblies shall be protected in accordance with Sections 714, 715, 716, and 717, as applicable, of the building subcode, or with Sections R302.4 and R302.5 of the one- and two-family dwelling subcode, as applicable.

7. Newly created exit passageways and newly created exit discharge used as exit elements shall:

i. Comply with the requirements of Section 1024 of the building subcode for exit passageways. However, the fire resistance rating of the passageway shall not be required to exceed the fire resistance rating of the exit element that discharges into the passageway; or

ii. Comply with the requirements of Section 1028 of the building subcode for exit discharge.

8. Newly created stairways:

i. Stairways in buildings subject to the one- and two-family dwelling subcode shall comply with Sections R311.7.1, R311.7.2, R311.7.4, R311.7.5, R311.7.8, R311.7.10, R311.7.11, R311.7.12, and R312.1;

ii. Exit stairways in buildings subject to the building subcode shall comply with Sections 1022 and 1028. Within the references of these sections, Section 1009 shall not be applicable;

iii. Non-exit stairways in buildings subject to the building subcode shall comply with Sections 1011.3, 1011.4, 1011.5, 1011.9, 1011.10, 1011.11, 1011.14, 1011.15, 1011.16, 1015.2, 1015.3, and 1015.4.

9. Newly installed fire escapes shall be constructed in accordance with FTO-3 of the Uniform Construction Code as permitted in the basic requirements of this subcode. (Building)

10. Newly created corridors shall comply with Sections 1020.2, 1020.4, 1020.5, 1020.6, and 1020.7 of the building subcode.

11. Newly constructed mezzanines and equipment platforms shall comply with Section 505 of the building subcode.

12. Newly created covered mall and open mall buildings shall comply with Section 402 of the building subcode.

13. Newly created motion picture projection rooms shall comply with Section 409 of the building subcode.

14. Newly created stages, platforms, and technical production areas shall comply with Section 410 of the building subcode.

15. Newly created spaces which are utilized for the spray application of flammable finishes shall comply with Section 416 of the building subcode.

16. At least one newly created window opening in sleeping rooms below the fourth story in occupancies in Groups R or I-1 shall:

i. Be operable;

ii. Have a sill height of not more than 44 inches;

iii. 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. (Building)

iv. New window openings in sleeping rooms shall not be required to meet these requirements in buildings where the sleeping room is provided with a door to a corridor having access to two remote exits or in buildings equipped throughout with an automatic sprinkler system.

v. Basement windows in buildings of Group R-2 shall comply with the requirements of N.J.A.C. 5:23-6.26(b)3 where the window serves as the second means of egress from the dwelling unit. (Plan review - Building, Fire. Inspection - Building)

17. Newly created specific occupancy areas shall comply with the following:

i. Paint shops in other than Group F which contain chemicals below the exempt amount for Group H, waste and soiled linen collection rooms and chute termination rooms shall be separated from other portions of the building by a one-hour fire partition or provided with an automatic sprinkler system.

ii. Newly installed play structures shall meet Section 424 of the building subcode.

iii. Incinerator rooms in all groups shall be separated from other portions of the building by a two-hour fire separation assembly and provided with an automatic sprinkler system.

iv. In Groups I-2 and I-3, physical plant maintenance shops, laundries in excess of 100 square feet in area and padded cells shall be separated from other portions of the building by a one-hour fire partition or provided with an automatic sprinkler system. (Plan review--Building, Fire. Inspection--Fire)

18. Newly created dwelling unit separation and guestroom separation assemblies shall comply with the requirements of Sections 708, 711, and 1206 of the building subcode, as appropriate, based on the type of the existing building, or with Section R302 and Appendix AK of the one- and two-family dwelling subcode, as applicable.

19. Newly created roof decks shall comply with Section 1006.3 of the building subcode, Egress from stories or occupied roofs.

20. Newly created openings in exterior walls shall comply with the table in N.J.A.C. 5:23-6.31(f)2.

i. Exception: Newly created openings in buildings of Group R-2, R-3, R-4, or R-5 with a fire separation distance of three feet or less shall be provided with opening protectives. (Plan review - Building, Fire. Inspection - Building)

21. Newly created aisle accessways and aisles shall comply with the minimum width requirements of Section 1018 of the building subcode.

22. Newly installed special construction shall comply with Section 3105 of the building subcode for awnings and canopies, Section 3106 of the building subcode for marquees and Section 3107/Appendix H of the building subcode for signs.

(c) Electrical Subcode shall be as follows:

1. Newly installed (not replacing an existing device) electrical service equipment, switchboards, panelboards, motor control centers and other electrical equipment containing overcurrent, switching, or control devices likely to require examination, adjustment, servicing, or maintenance while energized shall conform with the requirements specified at N.J.A.C. 5:23-6.8, Materials and methods, and, in addition, shall conform with Sections 110.26 (Space About Electrical Equipment-1,000 Volts, Nominal or Less), 110.32 (Work Space About Equipment--Over 1,000 Volts, Nominal), 110.33 (Entrance to Enclosures and Access to Work Space), 404.8 (Accessibility and Grouping), and 408.18 (Clearances), as applicable, of the electrical subcode. (Electrical)

i. Where the requirements of Section 110.26(A)(3) (Height of Working Space) cannot be met due to existing height constraints, this section shall not apply.

ii. In buildings required to comply with the barrier free subcode, newly installed panelboards (not replacement) shall comply with Sections 309.2 and 309.3 of the ICC A117.1.

2. Newly installed (not replacing an existing device) heating, air conditioning or refrigeration equipment likely to require examination, adjustment, servicing or maintenance shall conform with the requirements at N.J.A.C. 5:23-6.8, Materials and methods, and, in addition, shall conform with Section 210.63(A) Heating, Air Conditioning, and Refrigeration Equipment Outlet and, if newly installed in an attic, underfloor space, utility room or basement, 210.70 Lighting Outlets Required, as applicable, of the electrical subcode.

3. As specified in Section 210.12 of the electrical subcode, Arc-Fault Circuit-Interrupter (AFCI) Protection shall be required for all newly installed (not replacement) branch circuits in dwelling units provided a listed combination type arc fault circuit interrupter breaker is available.

(d) Elevator Subcode.

1. Newly installed elevator devices, including those newly installed in existing hoistways/machine rooms, completely replaced elevator devices, and a change in use of an elevator device from freight to passenger, passenger to freight, or from one freight class to another freight class, and other equipment within the scope of Chapter 30 newly installed or installed in existing hoistways/machine rooms, shall conform to the requirements of Chapter 30 of the building subcode and N.J.A.C. 5:2312, as applicable.

i. Exception: Such devices shall not be required to comply with Section 8.4 and Section 8.5 of ASME A17.1, adopted by reference in the building subcode, and Section 3002.4 of the building subcode.

(e) Energy Subcode shall be as follows:

1. Newly created conditioned sunrooms or garages shall meet the R-value and U-factor requirements of Sections R402.2.12 and R402.3.5 (N1102.2.12 and N1102.3.5) of the residential energy code.

2. Newly installed wood burning fire places shall meet Section R402.4.2 (N1102.4.2) of the residential energy code and Section R1006 of the one- and two-family dwelling subcode or Section 5.4.3.1.2 of the commercial energy code and Section 2111.14 of the building subcode, as applicable.

3. Newly installed heating, cooling and ventilation systems shall have controls meeting Sections R403.1 and R403.6 (N1103.1 and N1103.6) of the residential energy code or Sections 6.4.3, 6.5, 7.4.4, and 7.4.6 of the commercial energy code, as applicable. Systems include, but are not limited to, the heating and cooling of air or liquids and the ventilation or exhausting of spaces.

4. Newly installed systems that include piping carrying fluids shall meet Sections R403.4 and R403.5 (N1103.4 and N1103.5) of the residential energy code or Sections 6.4.4.1.3 or Section 7.4.3 of the commercial energy code and Section 1204 of the mechanical subcode, as applicable.

5. Newly installed heating and cooling equipment shall be sized in accordance with Section R403.7 (N1103.7) of the residential energy code or Section 6.4.2.1 and 7.4.1 of the commercial energy code, as applicable.

6. Newly installed snow and ice melting systems shall be installed in accordance with Section R403.9 (N1103.9) of the residential energy code or Section 6.4.3.7 of the commercial energy code, as applicable.

7. Newly installed pools heaters shall meet Section R403.10 (N1103.10) of the residential energy code or Section 7.4.5 of the commercial energy code, as applicable.

8. Newly installed sensible heating systems and radiant floor heating systems shall meet the insulation requirements of Sections 6.4.4.1.4 and 6.4.4.1.5 of the commercial energy code, as applicable.

N.J. Admin. Code § 5:23-6.9

Amended by 49 N.J.R. 1020(a), effective 5/1/2017

Amended by 53 N.J.R. 245(a), effective 2/16/2021

Amended by 53 N.J.R. 1568(a), effective 9/20/2021

Administrative Change, 53 N.J.R. 1671(b), 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, 55 N.J.R. 1875(a), effective 8/9/2023

Administrative Change, 56 N.J.R. 1711(a), effective 7/16/2024