N.J. Admin. Code § 5:70-2.14

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:70-2.14 - Variances

(a) Upon the application of a property owner or lessee with the consent of the owner, the fire official may grant a variance from the requirements of a regulation or standard adopted pursuant to the Act; provided, however, that no variance shall be granted unless it is determined that strict compliance would result in practical difficulty and that the variance, if granted, would not unreasonably jeopardize the safety of the occupants or intended occupants, fire fighters or the public generally.

1. In any facility subject to regulation by any State agency, no variance shall be granted except after consultation with that State agency.

2. Financial hardship alone shall not be grounds for a variance.

(b) An application for a variance shall be made in writing, shall be filed with the fire official and shall set forth the following information:

1. The requirements of the regulation from which a variance is sought;

2. The manner in which strict compliance with the regulation would result in practical difficulty;

3. The nature and extent of the practical difficulty; and

4. Feasible alternatives which would adequately protect the occupants or intended occupants, fire fighters and the public generally.

(c) Within 30 days after receiving an application for a variance, the fire official shall grant or deny the application in writing, stating the reasons for his action. The time frame to approve or deny a variance request submitted during the public health emergency, shall be extended 30 days from the end of the public health emergency. The preceding sentence shall be retroactive to January 1, 2021, and shall expire April 1, 2021.

1. An application which is not granted within 30 days shall be deemed to have been denied.

2. A denial of an application for a variance may be appealed in the same manner as any other ruling of the fire official.

(d) Copies of all variance applications and records of the action taken on them shall be maintained as permanent public records by the fire official.

1. A fire official shall promptly provide the Division with copies of all decisions granting or denying variances after they have been rendered.

(e) Variations to requirements found in the Uniform Construction Code may only be granted by the Construction Official in accordance with the Uniform Construction Code.

(f) In accordance with 5:70-4.16(a)2 i, variances shall not be granted for interior finishes in amusement buildings.

N.J. Admin. Code § 5:70-2.14

Modified by Executive Order No. 103(2020) 52 N.J.R. 1308(a), effective 4/29/2020

Modified by Executive Order No. 103(2020) 53 N.J.R. 1049(a), effective 1/1/2021