N.J. Admin. Code § 5:71-2.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:71-2.8 - Amendments to the Code

(a) Local amendments of the technical standards of N.J.A.C. 5:70-3 and 4 are permitted to be adopted by ordinance but no such amendment shall require a building which complies with the Uniform Construction Code to conform to a more restrictive standard.

(b) No amendment to 5:70-1 and 2 is permitted except for permits required in 5:70-2.7 and fees for permits in 5:70-2.9(c) and certificate of smoke detector compliance fees in accordance with 5:70-2.9(f)

(c) Any amendments adopted shall be filed with the Division in accordance with 5:71-2.7(a).

(d) Whenever any person believes that a locally adopted amendment establishes a more restrictive requirement than that established for the same building or circumstance by the Uniform Construction Code, then that person may apply to the Commissioner for a determination pursuant to 52:14B-8.

1. Any such application shall be in writing and shall set forth the particular provision of the local amendment which is allegedly more restrictive and the reasons the person believes it to be so.

2. The Commissioner shall issue a preliminary ruling stating whether or not the amendment establishes a more restrictive requirement and shall notify the applicant and the local enforcing agency. Each party shall have 30 days in which to file exceptions to the preliminary ruling after which the Commissioner shall adopt it as originally set forth or as modified and make it a final ruling.

3. A final ruling which finds an amendment to the Code adopted by local ordinance to be more restrictive shall set forth each particular in which the ordinance is more restrictive. Those particulars shall be declared invalid and shall be of no further force or effect.

N.J. Admin. Code § 5:71-2.8

Amended by 50 N.J.R. 771(a), effective 2/5/2018