N.J. Admin. Code § 5:70-1.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 5:70-1.4 - Applicability

(a) The provisions of this Code shall apply to new and existing buildings, uses and conditions, as hereinafter provided.

(b) The provisions contained in this Code shall not be construed as applying to the transportation of any article or substance shipped under the jurisdiction of and in compliance with the regulations prescribed by the military forces of the United States or the transportation of flammable or combustible liquids or hazardous materials or chemicals subject to the regulation and control of the New Jersey Department of Transportation or the United States Department of Transportation or other Federal Agency having jurisdiction.

1. The fire official shall have jurisdiction to order the correction of any dangerous condition created by any transportation conveyance.

2. The right of any local government to adopt ordinances governing the routing of vehicles transporting flammable or combustible liquids or hazardous materials or chemicals shall not be deemed to be limited by anything contained in this section.

(c) Nothing in this Code shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by any local government regulating the repair, removal, demolition, use, location, occupancy or maintenance of buildings and property as specifically provided herein. When any provision of this Code is found to be in conflict with any zoning, safety, health or other applicable law, ordinance or code of the jurisdiction existing on the effective date of this Code or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

(d) All regulations, other than this Code, promulgated by any State agency with regard to fire safety in existing buildings, structures and premises subject to this Code shall, to the extent of any inconsistency with this Code, be deemed to have been superseded by this Code.

1. Regulations determined by the Department of Community Affairs to be affected by this subsection include the following:

i.N.J.A.C. 5:10-25;

ii.N.J.A.C. 5:27-5;

iii.5:23-2.23(i)7 and 9;

iv.N.J.A.C. 8:43-3;

v.8:43A-15.2(b) and (c);

vi.N.J.A.C. 8:43B-3.2;

vii.8:39-41.3 and 41.4;

viii.N.J.A.C. 8:42A-23.7;

ix.10:44A-6.1(e) through (w);

x.10:44B-6.2;

xi.10A:31-3.1(b)1 -3 and 11-13;

xii.N.J.A.C. 10A:32-4.4 and 4.5;

Xiii.N.J.A.C. 10A:34-2.13;

xiv.12:100-4.2(a)10 (incorporating Subparts E, L and S of 29 C.F.R. Part 1910 );

xv. N.J.A.C. 5:11; and

xvi. N.J.A.C. 5:18.

2. The enumeration of certain regulations in (d)1 above shall not be construed as limiting the applicability of this subsection.

(e) The planning, design and construction of new buildings and structures, or the planning, design and alteration or renovation of existing buildings and structures, to provide the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the New Jersey Uniform Construction Code, and any alterations, additions or changes in or to buildings and structures required by the provisions of this Code which are within the scope of the Uniform Construction Code shall be made in accordance therewith, unless specifically provided otherwise by this Code.

(f) When adequate fire protection is not being provided in a building, structure or premises as herein required or where such fire protection is deemed necessary by the fire official due to hazardous or dangerous conditions involving the occupancy of a building or structure, special fire protection equipment shall be installed in accordance with the requirements of the fire official and Uniform Construction Code.

(g) Any requirement in this chapter that is applicable to a building shall also be applicable to the exterior portion of the premises in which the building is located, or to a premises that does not include a building, if the Division or the fire official finds compliance with such requirement in such exterior area or premises to be necessary for the protection of the safety of persons upon the premises, firefighters or the general public.

N.J. Admin. Code § 5:70-1.4

Amended by R.1985 d.611, effective 12/2/1985.
See: 17 New Jersey Register 1015(b), 17 New Jersey Register 2870(a).
(b)2 deleted "Nothing in this section shall be deemed to limit the" and added text "shall not be ... in this section."
Amended by R.1986 d.214, effective 6/16/1986.
See: 17 New Jersey Register 1161(a), 18 New Jersey Register 1260(b).
Added "New Jersey Department of Transportation" to (b).
Amended by R.1989 d.556, effective 11/6/1989.
See: 21 New Jersey Register 2431(a), 21 New Jersey Register 3453(a).
Added new (d) regarding superseding of rules.
Amended by R.1991 d.570, effective 11/18/1991.
See: 23 New Jersey Register 2813(a), 23 New Jersey Register 3444(a).
Added new (h).
Amended by R.1993 d.628, effective 12/6/1993.
See: 25 New Jersey Register 4363(a), 25 New Jersey Register 5466(a).
Amended by R.1995 d.58, effective 3/6/1995.
See: 26 New Jersey Register 4258(a), 27 New Jersey Register 878(b).