N.J. Admin. Code § 5:23-8.8

Current through Register Vol. 56, No. 18, September 16, 2024

Section 5:23-8.8 - Certificate of occupancy; certificate of completion

(a) Certificate of occupancy requirements are as follows:

1. It shall be unlawful to re-occupy the portion of a building that was vacated during an asbestos hazard abatement project until a certificate of occupancy has been issued by the enforcing agency. The certificate of occupancy shall be issued upon receipt of a certificate of completion issued by the asbestos safety control monitor and verified by the enforcing agency that the building or a portion of a building is in conformance with all applicable requirements of the Uniform Construction Code and that any walls, floors, trim, doors, furniture or other items damaged during the work shall be repaired or refinished to match existing materials.

2. The application for a certificate of occupancy shall be in writing and submitted in such form as the Department may prescribe and shall be accompanied by the required fee as provided for in this subchapter.

i. The application shall include the following:

(1) The name and address of the owner;

(2) The address of the building or structure;

(3) Certificate of Completion submitted by the asbestos safety control monitor.

3. If all the information required is complete and in accordance with this subchapter, a certificate of occupancy shall be issued.

(b) Certificate of Completion requirements are as follows:

1. It shall be unlawful to apply for a certificate of occupancy until a certificate of completion has been issued by the asbestos safety control monitor.

2. Within five days of completion of an asbestos hazard abatement project the owner/agent shall file for a certificate of completion from the asbestos safety control monitor.

3. The application for a certificate of completion shall be in writing and submitted in such form as the department may prescribe.

4. A Certificate of Completion shall be issued only if:

i. All information is complete.

ii. Final inspection by the asbestos safety technician reveals no visible evidence of asbestos.

iii. All requirements of this subchapter have been met.

iv. An acceptable final air monitoring level has been attained pursuant to 5:23-8.21 and documentation of that air level has been submitted in writing.

N.J. Admin. Code § 5:23-8.8

Amended by R.1986 d.143, effective 5/5/1986.
See: 18 New Jersey Register 378(a), 18 New Jersey Register 949(a).
Amended by R.1987 d.525, effective 12/21/1987.
See: 19 New Jersey Register 902(a), 19 New Jersey Register 2389(a).
Changed level of fibers from .01 to .010.
Amended by R.1989 d.342, effective 7/3/1989.
See: 20 New Jersey Register 1130(b), 21 New Jersey Register 1844(b).
Recodified old 8.8 as new 8.9. Section 8.9 was formerly "Fees".
Deleted old (a)2i.(4) regarding air monitoring level requirement.
In (b)4iv.: added "an acceptable" defining Final air monitoring levels and deleted "of .010 fibers per cc or lower". Also added text regarding N.J.A.C. cite and "submitted in writing" requirement.
Recodified from 5:23-8.9 and amended by R.1993 d.198, effective 6/7/1993.
See: 24 New Jersey Register 1422(a), 25 New Jersey Register 2519(b).
Prior text at section, "Inspections; violations", recodified as 5:23-8.7.