Minor Work & Ordinary Maintenance Proposal

COMMUNITY AFFAIRS

DIVISION OF CODES AND STANDARDS

Uniform Construction Code

Proposed Amendments: N.J.A.C. 5:23-1.4, 2.7, 2.14, and 2.17A

Authorized by: Charles A. Richman, Commissioner, Department of Community Affairs.

Authority: N.J.S.A. 52:27D-124

Proposal Number: PRN 2017 –

Calendar: See Summary below for explanation of exception to calendar requirement.

Submit written comments by:                                               , 2017 to:

Kathleen Asher

Department of Community Affairs

PO Box 800

Trenton, New Jersey  08625

Fax No. (609) 984-6696

kathleen.asher@dca.nj.gov

 

 

 

 

_________________________________________

                                                                        CHARLES A. RICHMAN, Commissioner

 

 

 

 

 

 

 

 

 

 

The agency proposal follows:

Summary

 

The Department proposes amendments to the Uniform Construction Code (UCC) for ordinary maintenance (N.J.A.C. 5:23-2.7) and minor work (N.J.A.C. 5:23-2.17A), categories of work that require less oversight than does full permit construction.  The proposal would also amend the definition of minor work (N.J.A.C. 5:23-1.4) and timeframe for performing an inspection (NJAC 5:23-2.17A).

Ordinary maintenance is construction work that does not require a construction permit and, therefore, is not inspected.  Minor work requires a construction permit, but allows work to begin before the permit has been issued once notice of the work has been given to the local code enforcement agency.

Through these amendments, some work that has been categorized as minor work will be redesignated as ordinary maintenance and some work that has required the submittal of plans will be redesignated as minor work.  Standardizing work is expected not only to provide clear direction to all code users, but to result in uniformity of enforcement.  A section-by-section summary of these changes follows.

  1. At N.J.A.C. 5:23-1.4, Definitions, “prior approvals” would be removed as a restriction from considering a project as minor work. The local code enforcement agency has been the de facto enforcer for rules issued by other State agencies and those enacted by local ordinances. Removing “prior approvals” from the definition of minor work will allow applicants to begin work without a permit even when prior approvals are required and will remove the UCC as the enforcement mechanism for those prior approval requirements for minor work projects.   This change will require education of the municipal and State officials who have relied on the local code enforcement agency to ensure that the requirements of their rules and ordinances have been met.  Education will also be required of permit applicants who will have to be provided notice that the issuing of a construction permit signals compliance only with the UCC; issuing the construction permit does not mean there is compliance with other State or local mandates for the project; moving forward, the permit applicant will be responsible for ensuring that the project being undertaken meets State and local requirements that are outside the jurisdiction of the UCC.
  2. At N.J.A.C. 5:23-2.7(c)1ii, the current requirement that the installation, repair, or replacement of interior finishes in not more than 25% of a single room is designated as ordinary maintenance would be changed.  The work on interior finishes designated as ordinary maintenance would be expanded to apply to 25% of a one- or two-family dwelling.  The Department has determined that limiting the installation, repair or replacement of interior finishes to 25% of a room is unduly restrictive.  Requiring plans and a construction permit for the replacement of more than 25% of the interior of a dwelling is reasonable.   This standard will ensure that work for a substantial renovation or alteration will be inspected to determine code compliance; smaller projects will be required to comply with the UCC, but there will be no inspection to confirm compliance.
  3. At N.J.A.C. 5:23-2.7(c)1v, the installation of windows and doors would be removed from the work covered under ordinary maintenance. There has been confusion as to whether the “installation” of doors and windows included the installation of additional doors or windows that did not exist before the project started. Because the installation of new doors or windows may impact fire safety, a permit is required.  Removing “installation” would eliminate the confusion that currently exists.  The “replacement” of doors or windows would continue to be ordinary maintenance.
  4. At N.J.A.C. 5:23-2.7(c)1vi, repair or replacement of non-structural components, such as partitions, would be revised for clarity. The Department has received questions as to the meaning of “partition railing.”  This amendment would make it clear that partitions in one- or two-family dwellings may be repaired or replaced as ordinary maintenance.  The scope of this provision is being limited to one-or two-family dwellings because partitions are used on commercial buildings to divide space and altering the installation of those partitions can compromise required egress and can also compromise access for people with disabilities.
  5. At N.J.A.C. 5:23-2.7(c)1vii, would designate the “repair, replacement, or installation of non-structural elements such as cabinets” as ordinary building maintenance and would codify the requirement in its own subsection. Questions have resulted from combining the requirements for “partition railings” and “cabinets.” They would be separated for clarity.
  6. At N.J.A.C. 5:23-2.7(c)1viii, “installation” of trim, decoration, or moldings would be added to “repair or replacement” as ordinary maintenance. There have been questions as to whether the “installation” of trim should require a permit; upon review, the Department has determined that it would be reasonable to designate the installation of trim, decoration, or moldings as ordinary maintenance.
  7. At N.J.A.C. 5:23-2.7(c)1ix, the “repair” of flooring material would be added to ordinary maintenance. Because these sections distinguish among “installation,” “replacement,” and “repair,” this amendment would state that the repair of flooring, the most basic level of work, is ordinary maintenance.

8.At  N.J.A.C. 5:23-2.7(c)1x, the “replacement” of existing roofing material would be added to ordinary maintenance and the requirement that the material replaced may not exceed 25 percent within a 12 month period would be deleted; the scope would be limited to one-and-two family dwellings.   This requirement was originally intended to ensure that the roof covering used to repair or replace a roof would not exceed the weight the building was designed to support.   Because construction work must comply with the UCC and permits and inspections are tools to ensure compliance, the decision at hand is whether permits and inspections should be required for roofing repair or replacement.  In response to questions asked about the value-added of roofing inspections, the Department has determined that the replacement or repair of a roof on a one- or two-family dwelling should be designated as ordinary maintenance.

  1. At N.J.A.C. 5:23-2.7(c)1xi, three changes would be made: The “replacement” of existing siding would be added to “repair” as ordinary maintenance; the requirement that the material being repaired or replaced not exceed 25 percent within a 12-month period would be deleted; and the scope would be limited to to one-and-two family dwellings. The amendment also adds an exception for polypropylene siding because it is highly flammable. As with the repair or replacement of roofing, whether the repair or replacement of siding should be ordinary maintenance or should require a permit hinges on whether there is significant value added by siding inspections.  When answering questions about this requirement, the Department has decided to propose deleting this requirement while emphasizing that compliance with the UCC is still required. There is a companion change at N.J.A.C. 5:23-2.7(c)1.xii,  that would designate the repair or replacement of up to 25% of the siding in a 12-month period on any building other than a one- or two-family dwelling as ordinary maintenance.  The same exception for polypropylene siding is proposed for the repair or replacement of siding on other than one- or two-family dwellings.  The Department has determined that the repair of replacement of siding on one- or two-family dwellings is poses few safety concerns, whereas other buildings, including multifamily dwellings and commercial structures, have more restrictions on the type of materials that may be used and how they are installed..  Therefore, designating the repair or replacement of siding (other than polypropylene) on one- or two-family dwellings is reasonable; limiting the designation for other, more complex structures is also reasonable.
  2. At N.J.A.C. 5:23-2.7(c)1xiii, the repair or replacement of a deck would be added to the existing designation of the repair or replacement of a porch or stoop as ordinary maintenance. In this amendment, the Department seeks to limits the scope to decks, porches, or stoops that are not more than 30 inches above grade; 30 inches is the height of open sided walking surfaces that require guardrails according to section R312 of the International Residential Code (IRC) 2015, New Jersey Edition.
  3. At N.J.A.C. 5:23-2.7(c)1xiv, “repair” would be added as ordinary maintenance for screens. The section already covers the replacement or installation of screens. For consistency throughout the section on ordinary maintenance, the Department would add “repair.”
  4. At N.J.A.C. 5:23-2.7(c)1.xv, the type of insulation that may be installed as ordinary maintenance would be expanded by removing the limitation that it be “roll or batt” insulation; a limiting exception would be added foam plastic insulation. The existing provision that applies only to roll and batt insulation was adopted because roll and batt is installed in smaller portions than are other forms of insulation. At this time, it has been determined that other types of insulation, with the exception of foam plastic insulation, have become more commonly used and, with the resulting expertise that has been gained, may also successfully be installed as ordinary maintenance.  Foam plastic insulation is not included as ordinary maintenance because it requires a thermal barrier layer that other insulation types do not require and noncompliant installation would present a fire safety issue.
  5. At N.J.A.C. 5:23-2.7(c)1.xvi, “repair” and “installation” of exterior gutters and leaders would added to their “replacement” as ordinary maintenance. The Department has determined that the installation or replacement of gutters and leaders that are wholly external could be designated as ordinary maintenance because their failure would not catastrophically compromise the building; systems that are internal would continue to require a construction permit.
  6. At N.J.A.C. 5:23-2.7(c)2.i, the scoping for the replacement of hose bib valves (such as outdoor water faucets) as ordinary maintenance would be expanded from single family dwellings to all structures. Hose bib valves give access to the water source and are sufficiently similar in residential and commercial buildings to warrant the same treatment. It is, therefore, reasonable to designate the replacement of hose bib valves in all structures as ordinary maintenance.
  7. At N.J.A.C. 5:23-2.7(c)2.iv, the limitation for the repair of leaks involving pipes to be performed “between two adjacent joints only” would be removed and the repair of leaks more generally would be designated as ordinary maintenance. This section deals with repairing leaks; it is reasonable to allow leaks to be repaired as ordinary maintenance where they occur even where multiple joints are involved.
  8. At N.J.A.C. 5:23-2.7(c)2.vii, the limitation for the replacement of valves (including bath/shower valves) to single family dwellings would be expanded to allow their replacement of in any structure as ordinary maintenance. The Department has determined the replacement of valves is sufficiently similar in residential and commercial buildings to warrant the same treatment. It is, therefore, reasonable to designate the replacement of valves in all structures as ordinary maintenance.
  9. At N.J.A.C. 5:23-2.7(c)2ix, the exception that prevents the replacement of traps related to culinary sinks in food handling establishments from being categorized as ordinary maintenance would be deleted. While the original exception was in place because culinary sinks require an air gap, the Department does not think that an inspection for this adds sufficient value to require a permit.
  10. At N.J.A.C. 5:23-2.7(c)2x, the list of plumbing fixtures would be removed a replaced with a general reference to “fixture” for simplification. At the same time, the requirement for water closets to be of a capacity that averages 1.6 gallons or less would be removed. Water closets now commonly use 1.6 gallons of water or less per flush and, therefore, the requirement has become outdated.
  11. At N.J.A.C. 5:23-2.7(c)2.xi, the replacement of domestic dishwashers would be designated as ordinary maintenance. The Department has determined that the replacement of larger sized commercial dishwashers warrants an inspection, whereas the replacement of domestic dishwashers is more reasonable designated as ordinary maintenance.
  12. At N.J.A.C. 5:23-2.7(c)3.i, the replacement of receptacles, switches, or lighting fixtures that do not contain emergency battery packs would be designated as ordinary maintenance. The existing rule does not qualify lighting fixtures, but because emergency battery packs are relied upon for emergency lighting, the Department has determined that greater safety considerations are appropriate for those installations. In addition to this amendment, the citations from the National Electrical Code (NEC)/2014, which is adopted as the electrical subcode, would be updated for accuracy.
  13. At N.J.A.C. 5:23-2.7(c)3.iii, a redundant reference to “communications wiring” would be removed.
  14. At N.J.A.C. 5:23-2.7(c)3.v and N.J.A.C. 5:23-2.7(c)5.vii, the requirement that the replacement of kitchen range hoods be allowed without a permit only in single family dwellings would be expanded to all dwellings as long as the capacity is not increased and the range hood is vented directly to the exterior. During the review of this rule, it became clear that establishing a performance standard, rather than simply providing a limitation based on occupancy classification, was more reasonable.  This standard ensures that range hoods may be replaced as ordinary maintenance as long as the hood vents directly to the exterior, which will control the spread of odors, and has a capacity of not more than 400 cubic feet per minute (cfm), which is a size used in dwellings and is the threshold at which a system needs to be provided with make-up air  in accordance with Section M1503.4 of the International Residential Code (IRC)/2015, which is adopted as the one- and two-family dwelling subcode of the UCC, and Section 505.2 of the International mechanical Code (IMC)/2015, which is adopted as the mechanical subcode of the UCC.
  15. At N.J.A.C. 5:23-2.7(c)3vi, would designate the installation of burglar alarms, security systems, or doorbells as ordinary maintenance in one-and-two-family dwellings. Currently, this work is categorized as minor work for all structures. It would remain minor work for structures other than one-and-two-family dwellings. The systems used in one- and two-family dwellings are less complex than those used in larger structures and may be reasonably designated as ordinary maintenance.
  16. At N.J.A.C. 5:23-2.7(c)3vii, a new subsection would be added that designates the installation of irrigation landscape units under 30 volts as ordinary maintenance.  These are plug-in systems, so a construction permit and inspection is not warranted.
  17. At N.J.A.C. 5:23-2.7(c)4i, “smoke alarms” would be added to the list of detection devices that may be replaced as ordinary maintenance. This amendment is being made to ensure that all types of alarm systems are addressed the same way in the UCC.
  18. At N.J.A.C. 5:23-2.7(c)4iii, “smoke detectors” would be replaced by “smoke alarms” for consistency of terminology. The term commonly used in the national model codes is “smoke alarms.”
  19. At N.J.A.C. 5:23-2.7(c)5vii, clarifies that the clothes dryers that may be replaced in dwelling units as ordinary maintenance are domestic, not commercial, clothes dryers. This designation applies as long as there is not increase in pipe size, fuel type, or electrical characteristics. This same change is made to N.J.A.C. 5:23-2.7(c)5viii with regard to stoves and ovens in dwelling units.
  20. At N.J.A.C. 5:23-2.7(c)5ix, the application of liquid applied lining material inside an existing chimney as ordinary maintenance.  The installation of liquid applied lining material as a sealant is a straightforward process with little opportunity for inspection after installation.
  21. At N.J.A.C. 5:23-2.14(b)8, the size of garden-type utility sheds and similar structures for which a construction permit is not required from 100 to 200 square feet. Garden-type utility sheds are allowed to be installed without a foundation other than to be of sufficient weight to hold the structure down. In addition, many garden-type utility sheds that are currently available exceed the current maximum size of 100 square feet; many of these sheds are pre-manufactured and are installed on-site with no utilities attached.   The installation itself is not complex and is not complicated by utility connections.  Therefore, expanding this provision to larger sheds is reasonable.
  22. At N.J.A.C. 5:23-2.17A (b)1 and 2, would amend the section on how to provide notice to the local enforcing agency that a minor work project has begun to reflect more recent technology. The amendment would also delete the requirement that the notice to be submitted between 9:00 AM and 5:00 PM, which loses relevance when communication is electronic.   Finally, reflecting standard practice, this subsection would also be amended to specify that the permit application fee be paid prior to the issuance of the construction permit. And not when the application is submitted.
  23. At N.J.A.C. 5:23-2.17A (c)1i, would designate the construction or total replacement of a deck as minor work. In this amendment, the Department seeks to limits the scope to decks, porches, or stoops that are not more than 30 inches above grade; 30 inches is the height of open sided walking surfaces that require guardrails according to section R312 of the International Residential Code (IRC) 2015, New Jersey Edition.  Decks would be added to the current designation of the construction or total replacement of a porch or stoop as minor work.  Decks, porches, and stoops are similar building elements and should be subject to the same requirements and designations.
  24. At N.J.A.C. 5:23-2.17A (c)1iii , the removal and replacement of more than 25 percent of the exterior siding of a one- or two-family dwelling as is being redesignated as ordinary maintenance (See the summary at number 9). The repair, replacement, or installation of any non-structural component in structures other than one- and two-family dwellings would be classified as minor work as long as there is no reconfiguration of space.  Such a replacement would not impact the established and code-compliant means of egress and would not impact accessibility for people with disabilities.  The reconfiguration of space using partitions would require a permit in advance of beginning the work because of the importance of compliant means of egress and the need to provide a compliant accessible route of travel for people with disabilities.
  25. At N.J.A.C. 5:23-2.17A (c)1iv, In this section, a provision currently codified at N.J.A.C. 5:23-2.17A (c)8 would be recodified in this subsection. This provision is a scoping provision that is more appropriately codified at the beginning of the section on minor work.
  26. At N.J.A.C. 5:23-2.17A (c)2, the reference to “low pressure” water heaters has been deleted because there is no clear definition of “low pressure water heaters.” Replacement of water heaters would be allowed as long as the replacement fixture is “of like capacity.” The amendment would also replace a list of specific types of fixtures with the generic term “fixtures” to ensure that it is clear that replacement of any plumbing fixture, and not only those that are explicitly mentioned, is deemed to be minor work. well as other fixtures not explicitly mentioned.
  27. At N.J.A.C. 5:23-2.17A (c) 3, “low pressure” boilers would be deleted because “low pressure” is not needed; the jurisdiction for high pressure boilers lies with the Department of Labor and Workforce Development.  Boilers that are below the threshold of a high pressure boiler are under the jurisdiction of the UCC. Replacement of boilers would be allowed as long as the replacement fixture is “of like capacity.”
  28. At N.J.A.C. 5:23-2.17A (c)4, would replace the specified voltage limitations with a broader reference to “outlets,” would specify that “fishing” shall be designated as minor work regardless of the number of fixtures or receptacles involved, and would limit the replacement of existing wiring with new wiring of the same capacity to one- and two-family dwellings.  This type of electrical work is minor and may be begun, as minor work allows, with notice to the local enforcing agency, the issuance of a permit, and an inspection.
  29. At N.J.A.C. 5:23-2.17A (c)5ii, the scope of the installation of a radon mitigation systems would be expanded to apply to all structures as long as there is no new electrical work. Radon mitigation systems are installed in existing buildings; the installers are licensed by the Department of Environmental Protection (DEP). These installations have been successfully allowed as minor work in one- or two-family dwellings; it is appropriate to allow their installation in all structures.
  30. At N.J.A.C. 5:23-2.17A (c)5iii, “doorbell” would be added to burglar alarms and security systems as items that may be installed as minor work in structures other than other than one- and two-family dwellings. This work has been designated as ordinary maintenance when it is performed on one- and two-family dwellings (See summary number 24). The amendment would create an exception for controlled, delayed, or sensor released egress doors, which are critical components of safe evacuation in an emergency.
  31. As noted at Summary 32, N.J.A.C. 5:23-2.17A (c)8 would be moved to N.J.A.C. 5:23-2.17A (c)1 with no change in requirements.
  32. At N.J.A.C. 5:23-2.17A (d),1 reflecting the concern for safety inherent in the inspection requirements, the inspection timeframe would be changed from within 30 days to within three business days after completion of the work

As the Department has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The amendments to N.J.A.C 5:23-1.4, 2.7, 2.14, and 2.17A would have a positive social impact by eliminating permit requirements for work designated as ordinary maintenance and by clarifying ordinary maintenance and minor work designations.  Clarity of requirements results in uniformity of enforcement, which is a benefit to all code users and to code enforcement officials.

Economic Impact

The amendments are expected to have a positive economic impact.  Some work is being reclassified as ordinary maintenance, so that no permits will be required and no inspections will be performed.  The additional clarity of designating work as ordinary maintenance or minor work will improve uniformity of understanding by all code users and consistency of enforcement among all code enforcement officials.

Federal Standards Statement

No Federal standards analysis is required because the amendments are not being proposed under the authority of, or in order to implement, comply with or participate in, any program established under Federal law or any State statute that incorporates or refers to any Federal law, standard or requirements.

Jobs Impact

These amendments are not expected to have an impact on jobs.  Because the work being categorized and recategorized is ordinary maintenance and minor work, it is not anticipated that jobs will be either generated or lost.  The work addressed by this rule is, generally speaking, work that homeowners may perform themselves or are small projects that would not generate jobs.

Agriculture Industry Impact

These amendments are not expected to have an impact on the agriculture industry.

Regulatory Flexibility Analysis

The proposed amendments address accountability standards related to construction.  Some construction companies and many contractors are “small businesses” as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.  These amendments do not impose reporting or recordkeeping, nor do the proposed amendments create a need for other professional services.

Smart Growth Development Impact

Planning areas one and two under the State Development and Redevelopment Plan correspond to metropolitan and suburban geographies, respectively.   While the proposed amendments do not directly target planning areas one and two, the changes in regulations will conceivably impact housing production within these areas to the extent that they contribute to new economic activity.

Housing Affordability Impact

These rules, which address ordinary maintenance and minor work in existing buildings, are not expected to affect housing affordability.

 

Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

5:23-1.4  Definitions

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) – (b) (No change.)

(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.

  1. Ordinary building maintenance shall include:
  2. (No change.)
  3. 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;
  • – (2) (No change.)

iii. – iv. (No change.)

  1. 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;
  2. The repair or replacement of any non-structural [member] component such as a partition [railing or kitchen cabinet] in one-and two-family dwellings;

vii. The repair, replacement or installation of any non-structural elements such as cabinets. 

viii. [vii.] The repair, [or] replacement or installation of any interior or exterior trim, decoration or moldings;

  1. [viii.] The repair, replacement or installation of any flooring material with a new material;
  2. [ix.] The repair or replacement of existing roof [ing material not exceeding 25 percent of the total roof area within any 12 month period] covering on one- and two-family dwellings;
  3. [x.] 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] on one-and two-family dwellings;

(1) Exception: The repair or replacement of polypropylene siding shall not be ordinary maintenance. 

xii. The repair or replacement of existing siding with like material not exceeding 25 percent of the total building exterior wall area in other than one- and two-family dwellings;

(1) Exception: The repair or replacement of polypropylene siding shall not be ordinary maintenance. 

xiii. [xi.] The repair or replacement of any [part of a] deck, porch or stoop which does not [structurally] provide structural support for any [a] roof or portion of a building [above] and is not greater than 30 inches above grade level and which is measured from the edge of the deck to any point within 36 inches horizontally to the edge of the open side;

xiv. [xii.] The repair, replacement or installation of screens;

  1. [xiii]. The installation of [any roll or batt] insulation, except foam plastic insulation, when installed adjacent to or not more than one and a half inches from an interior finish; and

xvi. [xiv]. [Replacement] The repair, replacement, or installation of exterior [rain water] gutters and leaders.

  1. Ordinary plumbing maintenance shall include:
  2. Replacement of hose bib valves [in single family dwellings]. Replacement hose bib valves shall be provided with an approved atmospheric vacuum breaker;
  3. – iii. (No change.)
  4. Repair of leaks involving the replacement of piping [between two adjacent joints only];
  5. – vi. (No change.)

vii. Replacement of valves (including shower or combination bath/shower valves [in a single family dwelling]);

viii. (No change.)

  1. Replacement of traps [except for traps on culinary sinks in food handling establishments];
  2. Replacement of fixtures [a water closet, and/or lavatory, and/or bathtub or shower unit and/or kitchen sink in a single family dwelling] with a[n 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
  3. Replacement of domestic clothes washers and domestic dishwashers.
  4. Ordinary electrical maintenance shall include:
  5. The replacement of any receptacle, switch, or lighting fixture not containing emergency battery packs [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], 406.9(A), 406.9(A)(1), and 406.12, respectively, of the electrical subcode);
  6. (No change.)

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]

  1. Replacement of domestic dishwashers; [and]
  2. 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 the output does not increase the former capacity above 400 cubic feet per minute (cfm);
  3. The installation of a burglar alarm, security system, or doorbell in one- and two-family dwellings; and

vii. The installation of a plug-in landscape irrigation unit under 30 volts at one- or two-family dwellings.

  1. Ordinary fire protection maintenance shall include:
  2. The replacement of any sprinkler or smoke alarm, smoke detector, or heat detector head with a like device;
  3. (No change.)

iii. The installation of battery-powered smoke [detectors] alarms; and

  1. (No change.)
  2. Ordinary heating, ventilation and air conditioning maintenance shall include:
  3. – iii. (No change.)
  4. Repair of air conditioning equipment and systems; [and]
  5. Repair or replacement of control devices for heating and air conditioning equipment; [and]
  6. 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 the output does not increase the former capacity above 400 cubic feet per minute (cfm);

vii. Replacement of domestic clothes dryers serving and located within dwelling units, provided that no change in fuel type, pipe size, or location or electrical characteristics is required[.];

viii. Replacement of domestic stoves and domestic ovens in dwelling units, provided no change in fuel type, pipe size, or location or electrical characteristics is required; and

  1. The application of liquid applied lining material inside an existing chimney.
  2. (No change.)

 

5:23-2.14 Construction permits—when required

(a)  (No change.)

(b)  The following are exceptions from (a) above:

  1. – 7. (No change.)
  2. A construction permit for building work shall not be required for garden-type utility sheds and similar structures that are [100] 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.
  3. – 10. (No change.)

(c) – (g)  (No change.)

 

5:23-2.17A Minor work

(a) (No change.)

(b) Notice of work; application:

  1. Notice of minor work shall be oral or written and submitted in person or electronically to local enforcement agency [a personal or telephoned oral notice] and shall be given 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];
  2. In addition to [oral] the notice, the owner or his agent shall be required to file a[n] permit application. The completed permit 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. The fee shall be paid prior to the issuance of the construction permit.

(c) Minor work:

  1. Minor work shall mean and include:
  2. 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 and is not greater than 30 inches above grade level and which is measured from the edge of the deck to any point within 36 inches horizontally to the edge of the open side;
  3. (No change.)

iii. [The removal and replacement of more than 25 percent of the exterior siding of a one or two-family dwelling;] Repair, replacement or installation with no reconfiguration of any non-structural component such as a partition in structures other than one- and two-family dwellings;

  1. 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.
  2. 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] fixtures 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;
  3. 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;
  4. 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] outlets where existing circuits and/or available space for circuits and service are adequate to support the load in one and two-family dwellings (fishing shall be considered minor work regardless of the number of fixtures/receptacles); the replacement of existing wiring with new wiring of the same capacity in one- and two-family dwellings provided that the new wiring shall be of a type approved for the use by the code;
  5. Minor work shall also mean and include the following:
  6. (No change.)
  7. The installation of a radon mitigation system [in an existing one-or two-family dwelling] provided no new electrical work is required;

iii. The installation of a burglar alarm [or], security system or doorbell in [any structure] structures other than one- and two-family dwellings;

(1) Exception: Controlled, delayed, or sensor released egress doors.

  1. – v. (No change.)
  2. – 7. (No change.)

[8. 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:

  1. Inspections shall be required for minor work and the enforcing agency shall inspect any such work within [30 days] three business days of the request for inspection;
  2. (No change.)
  3. (No change.)