N.J. Admin. Code § 5:70-4.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:70-4.4 - General provisions

(a) The applicability of provisions of this subchapter to existing buildings or structures, identified or classified by the Federal, State or local government authority as historic buildings, shall be determined by the local construction code enforcing agency in consultation with the fire official.

1. For purposes of applying this section, historic buildings shall include any building that meets one or more of the following criteria:

i. Buildings listed on the New Jersey or National Registers of Historic Places either individually or as a contributing building to a historic district;

ii. Buildings that have been issued a Determination of Eligibility by the Keeper of the National Register of Historic Places;

iii. Buildings identified as contributing buildings to Local Historic Districts which have been certified by the Keeper of the National Register as substantially meeting the National Register Criteria; or

iv. Buildings with a State Historic Preservation Officer Opinion or Certification that the property is eligible to be listed on the National Register of Historic Places either individually or as a contributing building to a historic district.

2. Variances: Building owners wishing to use an alternative to compliance with specific provisions of this subchapter shall submit request(s) for variances in writing in accordance with 5:70-2.14. Requests for variances shall identify all nonconformities with the requirements of this subchapter and shall include: a statement of the requirements of this subchapter from which a variance is sought, a statement of the manner by which strict compliance with the provisions of this subchapter would result in practical difficulties or would detract from the historic character of the building, and a statement of feasible alternatives to the requirements of this subchapter that would adequately protect the health, safety and welfare of the intended occupants and of the public generally.

i. The provisions of 5:70-2.14, Variances, notwithstanding, a variance may be granted where no feasible alternative to the strict requirements of the subchapter exists, provided that the owner submits a finding by a qualified architect that the feature of the building which cannot be brought into strict compliance with the requirements of this subchapter is essential to maintaining the historical value and character of the building. Any such finding submitted in support of a variance application shall be in writing and shall state the basis and reasons for the finding.

(b) A variation previously granted to a provision of an existing code, which provision contains requirements substantially the same as the comparable provision of this subchapter, shall remain valid, subject to the following conditions:

1. To be accepted the variation must have been:

i. Granted in writing;

ii. Granted through a formal process or procedure; and

iii. Granted upon a finding that equivalent life safety was provided.

(c) Nothing in this Code shall be construed as preventing any State agency from exceeding provisions of this Code in making improvements to buildings under their jurisdiction, ownership or control when such changes are mandated by or through Federal law or Federal regulations as a condition of funding such agency. Such action shall not reduce the requirements of these regulations.

(d) The provisions of 5:70-4.1 through 4.3 shall not prevent the fire official from making a finding of imminent hazard pursuant to 5:70-2.16 or the construction official from making a finding of unsafe building pursuant to the Uniform Construction Code and requiring correction of such hazard or unsafe condition in accordance with those regulations.

N.J. Admin. Code § 5:70-4.4

Repeal and New Rule, R.1995 d.58, effective 3/6/1995.
See: 26 N.J.R. 4258(a), 27 N.J.R. 878(b).
Formerly "Relation to State Fire Prevention Code".
Amended by R.2012 d.090, effective 5/7/2012.
See: 43 N.J.R. 2698(a), 44 N.J.R. 1337(a).
In the introductory paragraph of (a), deleted ", as outlined in Section 513.0 of the Building Officials and Code Administrators, Inc. (BOCA) Basic/National Building Code, 1984 edition" from the end; and added (a)1 and (a)2.