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DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF CODES AND STANDARDS
TO: Members of the Uniform Construction Code Advisory Board
FROM: Amy Fenwick Frank
DATE: July 15, 2016
SUBJECT: Draft Rule: Ordinary Maintenance and Minor Work
Attached for your review and comment are draft amendments to ordinary maintenance, N.J.A.C. 5:23-2.7, and Minor Work, N.J.A.C. 5:23-2.17A. The intent of these proposed amendments is to eliminate some of the permit requirements for items that are not as integral to building safety as some of the other code requirements thereby relieving the public of these administrative burdens and allowing the staff of local code enforcement agencies to make better use of their time.
Additionally, the definition of “minor work” at N.J.A.C. 5:23-1.4 is proposed to be changed to make it possible for projects which require a prior approval, such as local zoning approval, to be categorized as minor work under the UCC. This would mean that the UCC permit would not be the mechanism for assuring that the terms and conditions of any applicable prior approval have been met. This change would not affect the need to obtain any applicable prior approval
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
*** “Minor work” means construction work undertaken in existing structures, requiring [no prior approvals and] no plan review, not altering in any way the structural members of a building and meeting the definition set forth in N.J.A.C. 5:23-2.17A.***
5:23-2.7 Ordinary maintenance
(a) Ordinary maintenance to structures may be made without filing a permit application with or giving notice to the construction official.
(b) Ordinary maintenance shall not include any of the following:
- The cutting away of any wall, partition or portion thereof;
- The removal or cutting of any structural beam or bearing support;
- The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements;
- Any work affecting structural or fire safety;
- Any work that will increase the nonconformity of any existing building or structure with the requirements of the regulations;
- Addition to, or alteration, replacement or relocation of:
- Any standpipe;
- Water supply, sewer, drainage, gas, soil, waste, vent or similar piping;
iii. Electrical wiring, except that the following shall be considered ordinary electrical maintenance:
(1) Communications wiring in a Class 3 structure provided that the installation does not involve the alteration or penetration of a fire-rated assembly and is not in a hazardous location as defined in Chapter 5 of the electrical subcode.
(A) For the purposes of applying this provision, communications wiring shall mean any wiring covered by Chapter 8 of the electrical subcode. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as “communications circuits,” in accordance with Article 725 of the electrical subcode; or
- Mechanical or other work affecting public health or general safety; or
- Any work undertaken for the purpose of lead abatement.
(c) The following items are ordinary maintenance and shall be treated as such by every enforcing agency. No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required. This is not an all-inclusive listing of ordinary maintenance.
- Ordinary building maintenance shall include:
- Exterior and interior painting;
- Installation, repair or replacement of any interior finishes [of less than 25 percent of the wall area in any given room] in a one- or two-family dwelling. This shall include plastering and drywall installation;
[(1) Vinyl wall covering of any amount is ordinary maintenance;
(2) Paneling shall not be considered ordinary maintenance;]
iii. Wall papering at any location;
- The replacement of glass in any window or door. However, the replacement glass shall be of a type and quality that complies with the minimum requirements of the code;
- The installation and replacement of any window or door, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. The installation and replacement of means of egress and emergency escape windows and doors may be made in the same opening without altering the dimensions or framing of the original opening, and shall not reduce the required height, width or net clear opening of the previous window or door assembly;
- The repair, [or] replacement or installation of any non-structural [member] component such as a partition railing or kitchen cabinet;
vii. The repair, [or] replacement or installation of any interior or exterior trim, decoration or moldings;
viii. The repair, replacement or installation of any flooring material with a new material;
- The repair or replacement of existing roofing material [not exceeding 25 percent of the total roof area within any 12 month period];
- The repair or replacement of existing siding with like material [not exceeding 25 percent of the total building exterior wall area within any 12 month period];
- The repair or replacement of any part of a deck, porch or stoop which does not structurally support a roof above;
xii. The repair, replacement or installation of screens;
xiii. The installation of any [roll or batt] insulation when installed adjacent to or not more than one and a half inches from an interior finish; and
xiv. [Replacement] The repair, replacement or installation of exterior rain water gutters and leaders.
- Ordinary plumbing maintenance shall include:
- Replacement of hose bib valves in single family dwellings. Replacement hose bib valves shall be provided with an approved atmospheric vacuum breaker;
- Refinishing of existing fixtures. Relining of fixtures shall not be considered to be ordinary maintenance;
iii. Replacement of ball cocks. Replacement ball cocks must be an approved anti-siphon type;
- Repair of leaks involving the replacement of piping between two adjacent joints only;
- Clearance of stoppages;
- Replacements of faucets or working parts of faucets;
vii. Replacement of valves (including shower or combination bath/shower valves in a single family dwelling);
viii. Replacements of working parts of valves, including, but not limited to, shower or combination bath/shower valves;
- Replacement of traps except for traps on culinary sinks in food handling establishments;
- Replacement of a water closet, and/or lavatory, and/or bathtub or shower unit and/or kitchen sink [in a single family dwelling] with an approved similar fixture provided that no change in the piping arrangement is made[. Replacement water closets bearing a date stamp of July 1, 1991 or later must use an average of 1.6 gallons or less of water per flushing cycle]; [and]
- Replacement of domestic clothes washers and dishwashers; and
xii. Replacement of existing low pressure water heaters with new ones of like capacity.
- Ordinary electrical maintenance shall include:
- The replacement of any receptacle, switch, or lighting fixture rated at 20 amps or less and operating at less than 150 volts to ground with a like or similar item, including receptacles in locations where ground-fault circuit interrupter protection, damp/wet or tamper-resistant are required (Sections 210.8, 406.8 and 406.11, respectively, of the electrical subcode);
- Repairs to any installed electrically operated equipment such as doorbells, communication systems, and any motor operated device. Provided, however, that if fire protection systems are interrupted for repairs the fire official shall be notified in accordance with the building subcode;
iii. Installation of communications wiring for communications wiring in a Class 3 structure, provided that the rearrangement does not involve penetration of a fire-rated assembly and is not in a hazardous location as defined in Chapter 5 of the electrical subcode;
(1) For the purposes of applying these provisions, communications wiring shall mean any wiring covered by Chapter 8 of the electrical subcode, such as telephone, radio antenna, or coaxial cable TV wiring. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as “communications circuits,” in accordance with Article 725 of the electrical subcode; and
- Replacement of domestic dishwashers; and
- Replacement of kitchen range hoods [in single family dwellings] provided that the hood is vented directly to the building exterior and not to a common shaft or is of a recirculating type and provided that there is no increase in the output (cfm).
- Replacement of existing water heaters.
- Ordinary fire protection maintenance shall include:
- The replacement of any sprinkler or smoke detector or heat detector head with a like device;
- The repair or replacement of any component of a fire alarm or smoke and heat detection equipment (other than the replacement of a fire alarm control panel);
iii. The installation of battery-powered smoke detectors; and
- The installation of battery-powered or plug-in type carbon monoxide alarms.
- Ordinary heating, ventilation and air conditioning maintenance shall include:
- Replacement of motors, pumps and fans of the same capacity;
- Repair and replacement of heating, supply and return piping and radiation elements, which does not require rearrangement of the piping system;
iii. Repair and replacement of duct work;
- Repair or replacement of air conditioning equipment and systems; [and]
- Repair or replacement of control devices for heating and air conditioning equipment; [and]
- Replacement of kitchen range hoods in single family dwellings[.];
vii. Replacement of clothes dryers serving and located within dwelling units, provided that no change in fuel type or location or electrical characteristics is required[.];
viii. Replacement of stoves and ovens in dwelling units, provided no change in fuel type or location or electrical characteristics is required; and
- The coating of an existing chimney.
- Ordinary elevator maintenance shall include:
- The following work on elevator brakes:
(1) Installation of new linings;
(2) Replacement of brake switches, brake stand pivot bushings, and bearings or the reaming out and use of oversized pins. Replacement or repair of brake magnets, magnet coils and/or core sleeves;
(3) Renewal of phase splitting coils; and
(4) Re-babbitting of brake pin holes (gearless), and realigning of brake stands to pulleys.
- The following controller/selector repairs:
(1) Installation of overload relays and potential switches, and installation or replacement of reverse phase relays;
(2) Replacement of damaged resistance tubes, grids, broken controller panel sections, main power or brake rectifiers, power and light transformers, and microprocessor printed circuit boards. Replacement or reconditioning of dash pots and retarders;
(3) Renewal of switch bases, armatures, hinge pins, coils, contacts and shunt leads; and
(4) Adjustment of controller to original design specifications.
iii. The following work on motor generators:
(1) Installation of four stem brush rigging on exciter, installation or renewal of bearing oil gauges, and renewal of sleeve or ball bearings;
(2) Replacement of generator armatures, commutators, commutator brushes, and turning down and undercutting of commutators;
(3) Rewinding of generator armatures, stators and field controls;
(4) Removal for testing on a work bench, reinsulating, banding and reinstallation of motor generators; and
(5) Repair of solid state drives and adjustments of generator compounding.
- The following work on hoist motors:
(1) Installation or renewal of bearing oil gauges, renewal of sleeve or ball bearings, and re-babbitting of sleeve bearings (gearless);
(2) Replacement of motor armatures, rotors, motor collector rings, commutators, commutator brushes, and turning down and undercutting of commutators;
(3) Rewinding of stators, armatures, and field coils; and
(4) Removal for testing on a work bench, reinsulation, banding and reinstallation of hoist motors and realignment of motors to worm shafts.
- The following work on machines:
(1) Installation of new demountable drive sheave rims, new drive shafts, new integral drive sheaves, split couplings;
(2) Replacement of worms, gears, worm shaft housings, thrust bearings, thrust housings, external ring gears and pinions, machine drums, solid drive sheaves with demountable drive sheaves, and sheave bearing. Replacement or repair of stop motion switches, slack cable switches, replacement of drive sheave linings. Regrooving of drive sheaves;
(3) Re-babbitting of main bearings, external gears and bearings, and worm shaft housings;
(4) Renewal of sleeve bearings, drum buffers, and drum shafts;
(5) Re-securing of loose brake pulleys and realignment of brake pulleys, with motor gear shaft; and
(6) Removal of bearing shims.
- The following work on suspension means, compensating ropes and compensating chains:
(1) Replacement or re-socketing of hoist ropes and replacement of compensating ropes or chains, governor ropes, and hitches; and
(2) Shortening of hoist ropes due to a rope stretch.
vii. The following work on governors:
(1) Re-calibration, sealing, and reconditioning of governors; and
(2) Replacement or reconditioning of governor rope tension sheaves.
viii. The following work on overhead, deflector, car and counterweight sheaves:
(1) Replacement or repair of sheaves, sheave bearings and sheave shafts; and
(2) Re-babbitting of sheave bearings.
- The following work on hoistways:
(1) Replacement of traveling cables and other hoistway wiring;
(2) Repair of counterweights, hoistway switches, hydraulic pistons, oil lines in the pit, and repacking of packing glands; and
(3) Repair or replacement of hoistway door equipment, rollers relating cables, gibs, hall buttons, lanterns, position indicator stations, and all existing related equipment, selector tapes, cables, dust covers, toe guards and hoistway fascia, and repair or replacement of all existing pit equipment with like equipment.
- The following work on rails and guides:
(1) Realignment or replacement of main or counterweight rail sections with like products; and
(2) Repair or replacement of guide shoe liners or car and counterweight guides with like product.
- The following work on cabs:
(1) Installation or replacement of main and auxiliary car operating panels, emergency lighting, communication devices, door protective and reopening devices, car position indicators, and in-car lanterns;
(2) Repair or replacement of operating station on top of cars, door operating devices, motors, linkages, hangers, etc., hoistway door drive mechanisms, clutches, etc., side emergency exit latching devices and electrical switches, floor leveling and selector drive devices, terminal slow down and limiting devices, load weighing devices (on top of car and under car isolation), keyless entry and security devices, top of car intrusion devices, closed-circuit TV surveillance devices, lighting fixtures in the car on top of the car and under the car; and
(3) Replacement of ceilings with code approved materials, and of door sills, cab flooring, walls and panels with materials equivalent to those being replaced in respect to weight and fire resistance.
5:23-2.14 Construction permits—when required
(a) (No change.)
(b) The following are exceptions from (a) above:
- – 7. (No change.)
- A construction permit for building work shall not be required for garden-type utility sheds and similar structures that are  200 square feet or less in area, 10 feet or less in height, and accessory to buildings of Group R-2, R-3, R-4, or R-5 and which do not contain a water, gas, oil or sewer connection. A construction permit for electrical work shall be required, when applicable.
- – 10. (No change.)
(c) – (g) (No change.)
5:23-2.17A Minor work
(a) The issuance of a permit shall not be required before minor work may proceed. The owner, or an architect or contractor acting on behalf of the owner, shall, however, provide notice of the work to the enforcing agency before work begins.
(b) Notice of work; application:
- Notice of minor work shall be a personal or telephoned oral notice before work commences. This oral notice shall be provided to the enforcing agency between 9:00 A.M. and 5:00 P.M., Monday through Friday, except holidays. In those cases where the local enforcing agency is not open and available to receive notice at those times then notice shall be provided to the municipal clerk;
- In addition to oral notice, the owner or his agent shall be required to file an application. The completed application with the fee shall be delivered in person or by mail to the enforcing agency, within five business days from the date of the oral notice.
(c) Minor work:
- Minor work shall mean and include:
- The construction or total replacement of any deck, porch or stoop which does not provide structural support for any roof or portion of a building;
- Renovation or alteration work in an existing one or two-family dwelling, provided that no primary structural members are altered in any way, and further provided that the work does not constitute reconstruction; and
[iii. The removal and replacement of more than 25 percent of the exterior siding of a one or two-family dwelling;]
- Minor work shall also mean and include the replacement of any existing plumbing piping work with new and approved material of like capacity; the installation of drinking fountains and condensate drains in existing structures; [the replacement of existing low pressure water heaters with new ones of like capacity;] and the new installation of lavatories, water closets, bathtubs, showers, clothes washers or dishwashers, and garbage disposers in existing space of one and two-family dwellings where the new installation of additional fixtures can be accommodated with no increase in the size of the water distribution system, water service or house drain;
- Minor work shall also mean and shall include the replacement of existing low pressure boilers, warm air furnaces, air conditioning units and air conditioning condensing units with new appliances of like capacity;
- Minor work shall also mean and include new electrical work incidental to the installation of air conditioning, equipment, clothes dryers, and ranges or ovens in one and two-family dwellings; the installation of five or fewer 125 or 250 volt receptacles or fixtures where existing circuits and/or available space circuits and service are adequate to support the load; the replacement of existing wiring with new wiring of the same capacity provided that the new wiring shall be of a type approved for the use by the code;
- Minor work shall also mean and include the following:
- The installation of any fire detection or suppression device in any one-or two-family dwelling;
- The installation of a radon mitigation system in an existing one-or two-family dwelling;
iii. The installation of a burglar alarm or security system in any structure;
- The installation of communications wiring in any Class 1 or Class 2 structure or any Class 3 structure involving the penetration of a fire-resistance rated assembly.
(1) For the purposes of applying this provision, communications wiring shall mean any wiring covered by Chapter 8 of the electrical subcode. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as “communications circuits,” in accordance with Article 725 of the electrical subcode; and
- Any change of an existing transmission means from a digital alarm communicator transmitter to a fire alarm supervising station.
(1) For the purposes of applying this provision, transmission means shall mean the existing phone line(s) that transmit fire alarm signals from a digital alarm communicator transmitter to the supervising station. A certified fire alarm service company, licensed fire alarm company or licensed electrical contractor shall submit Form F-391 signed by the contractor to provide a verification statement in writing to the fire subcode official within 24 hours that all required signals remain operational after the new transmission means is installed.
- Minor work shall not include lead abatement.
- Minor work on elevator devices shall also mean and include work as outlined in N.J.A.C. 5:23-12.8(b) and not involving any structural modification to a building.
- Minor work shall mean and include repair and/or renovation work in a Group B, Group F, Group M, or Group S occupancy performed in accordance with N.J.A.C. 5:23-6, but shall not include work categorized as ordinary maintenance pursuant to N.J.A.C. 5:23-2.7.
(d) Inspection of minor work:
- Inspections shall be required for minor work and the enforcing agency shall inspect any such work within 30 days of the request for inspection;
- Exception: The replacement of an existing transmission means shall not require an onsite inspection by the fire subcode official as long as the verification form required by (c)5v(1) above is received within 24 hours of installation; and
- The construction official shall issue a certificate of approval stating that the work performed under a Minor Work Permit substantially complies with the UCC. The inspection shall be based upon what is visible at the time of said inspection and the certificate of approval shall so indicate.