N.J. Admin. Code § 5:25-3.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:25-3.7 - Major structural defects

(a) The load bearing portion of a home is defined as the framing members and structural elements that transmit both dead and live loads of the home to the supporting ground. Examples of load bearing elements are: roof rafters and trusses; ceiling and floor joists; bearing partitions, supporting beams, columns, basement and foundation walls, and footings.

(b) A structural failure shall not be considered a defect until it has been established by the Construction Code Element, under the provisions of the Uniform Construction Code in effect on the date that the Construction Permit under which the new home was constructed was issued, as an actual or pending structural failure of some part of the load bearing system as defined in (a) above. To be eligible, such defect does not have to render the home uninhabitable; however, it must be of such a serious nature that it vitally affects the use of the home for residential purposes and the Construction Official shall issue a notice to that effect under 5:23-2.32 (Unsafe Structures).

(c) The following are excluded as major structural defects:

1. Changes by the owner to the established grade lines affecting basement and foundation walls;

2. Movement caused by flood or earthquake;

3. Actual or resultant damage caused by lightning, tornado, unnatural high winds or hurricanes;

4. Damage caused by additions or alterations to the home;

5. Improper loading over and above the design criteria for which that portion of the house was intended;

6. Resultant structural damage due to fire;

7. Changes in the water level which is caused by new development in the immediate area or can be directly traced to an act of nature;

8. Water seepage in basement or crawlspace after the first year of coverage.

(d) In the case where a major structural defect exists and the home is rendered uninhabitable, the Builder/Warrantor shall be responsible to pay for reasonable shelter expenses of the Owner until the home is made habitable should the condition occur during the first two years of the warranty. The State Plan or private plan will assume such responsibility during the third through tenth year coverage.

N.J. Admin. Code § 5:25-3.7

Amended by R.1986 d.141, effective 5/5/1986.
See: 17 N.J.R. 2816(a), 18 N.J.R. 959(a).
Recodified from 3.6; old text deleted and new substituted.
Amended by R.1996 d.93, effective 2/20/1996.
See: 27 N.J.R. 4058(a), 28 N.J.R. 1225(a).