N.J. Admin. Code § 5:23A-1.1

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

Section 5:23A-1.1 - Title; authority; scope; intent

(a) This chapter, which is promulgated under authority of N.J.S.A. 52:27D-124, 52:17D-198, 40A:14A-43, 40A:14B-76 and N.J.S.A. 40:55D-53.2a, shall be known as, and may be cited as, the "Rules Governing Construction Boards of Appeals."

(b) This chapter shall govern all aspects of the administration and implementation by construction boards of appeals of the provisions of the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.), the Uniform Construction Code rules (N.J.A.C. 5:23) and the subcodes incorporated herein by reference, the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq., the Uniform Fire Code (N.J.A.C. 5:70) and associated rules, P.L. 1995, c.54, and P.L. 1999, c. 11.

(c) It is the intention of the Department of Community Affairs that these rules facilitate uniformity in procedure and a high level of quality in performance so as to allow construction boards of appeals to properly discharge the duties and functions that have been assigned to them by the Legislature under the State Uniform Construction Code Act, the Uniform Fire Safety Act, P.L. 1995, c.54, and P.L. 1999, c. 11.

(d) Unless otherwise specified, all provisions of this chapter are equally applicable to matters arising under any of the statutes or rules listed in (b) above.

(e) Each construction board of appeals shall have authority to adopt and enforce local rules that are not inconsistent with this chapter or with any of the statutes or rules listed in (b) above.

N.J. Admin. Code § 5:23A-1.1

Amended by R.2004 d.36, effective 1/20/2004.
See: 35 New Jersey Register 4632(a), 36 New Jersey Register 467(a).
In (a), inserted "40A:14A-43, 40A:14B-76" following "52:17D-198,"; in (b), substituted "N.J.A.C. 5:70" for "N.J.A.C. 5:18" and inserted ", and P.L. 1999, c.11" following "c.54"; in (c), inserted ", and P.L. 1999, c.11" following "c.54".