Business in New Jersey
May 2, 2007
A-2953 – NJ Contractor’s Registration Act amendment. The bill introduced last year by Neil Cohen, the original sponsor of the NJ Contractors’ Registration Act allowing for the three-day right of rescission waiver provision in emergency repair situations was unanimously passed by the Assembly on March 8th. The bill has now been sent to the Senate for their approval. We will continue to follow the progress of this bill and have our lobbyist exert some pressure to move it along.
A-1429--Requires all pools, spas and hot tubs to comply with barrier requirements of the State Uniform Construction Code.
1. a. Notwithstanding the provisions of section 22 of P.L.1983, c.383 (C.52:27D-213), the regulations adopted by the commissioner pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) for the design and installation of pool barriers are applicable to all pre-existing residential swimming pools, spas and hot tubs and an owner of a pre-existing residential swimming pool, spa or hot tub shall comply with those regulations. The regulations shall only be enforced in accordance with subsection b. of this section. THIS SECTION SHALL NOT APPLY TO ANY POOL, SPA OR HOT TUB WHICH IS SUBJECT TO THE REQUIREMENTS OF THE "HOTEL AND MULTIPLE DWELLING LAW," P.L.1967, C.76 (C.55:13A-1 ET SEQ.).
For the purposes of this section, "pre-existing" shall mean those pools, spas and hot tubs which were constructed prior to the adoption by the Commissioner of Community Affairs of STANDARDS FOR DESIGN AND CONSTRUCTION FOR SWIMMING POOLS, SPAS AND HOT TUBS as part of the State Uniform Construction Code.
b. In any case in which a change of occupancy of any dwelling unit located on property which contains a swimming pool, spa or hot tub which is available for use by such dwelling unit and is subject to a municipal ordinance requiring the issuance of either a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises, no such certificate shall be issued until the officer or agency responsible for its issuance has determined that the swimming pool, spa or hot tub to which the dwelling unit has rights to access complies with subsection a. of this section.
c. The local governing body having jurisdiction over the enforcing agency or, when the Division of Codes and Standards is the enforcing agency, the Commissioner of Community Affairs may establish a fee which covers the cost of inspection and of issuance of the certificate.
d. An owner who sells, leases or otherwise permits occupancy of a dwelling unit without complying with the provisions of this section shall be subject to a fine of not more than $100, which may be collected and enforced by the local enforcing agency by summary proceedings in municipal court pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
CLARIFCATION: The 6 month grace period for the 2005 National Electrical Code, including the section on the equipotential bonding grid requirement, expired November 1, 2006. All 2005 electrical requirements are in effect.
The following information was just posted on the NJ Department of Community Affairs website. Please note the six month grace period stated in paragraph 2 & 3.
Grace period for previously adopted codes
As of February 20, 2007, the State of NJ has adopted the International Building Code/2006, National Standard Plumbing Code/2006, International Energy Conservation Code/2006 and ASHRAE Standard 90.1-2004, International Mechanical Code/2006 and International Fuel Gas Code/2006 as the building subcode, plumbing subcode, energy subcode, mechanical subcode and fuel gas subcode, respectively.
As per N.J.A.C. 5:23-1.6, grace period, for a period of six months following the operative date of a subcode revision, applicants may submit a complete permit application, including all prior approvals, to be reviewed under the code in force immediately preceding the subcode revision. Provided that the application is complete, the construction official and applicable subcode officials shall perform the plan review and issue construction permit(s) based on the code in force immediately prior to the operative date of the subcode revision. This grace period shall apply only to revisions of subcodes.
Therefore, if an applicant would like to use a previously adopted code, the International Building Code/2000, National Standard Plumbing Code/2003, CABO Model Energy Code/1995 and ASHRAE Standard 90.1-1999, International Mechanical Code/2003 or International Fuel Gas Code/2003, he or she must indicate which code they are using at the time of application. This completed permit application must be submitted prior to August 20, 2007.
