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Executive Summary
This ordinance from the Town of Dover amends Chapter 150 of the Municipal Code concerning Uniform Construction Code fees. It establishes new fee structures for various construction activities, including plan reviews, basic construction permits based on volume or cost, plumbing fixtures, electrical installations, fire protection systems, elevators, mechanical systems, and various certificates and permits like demolition, sign permits, and certificates of occupancy. The ordinance also details the collection and remittance of a state surcharge for training and technical support programs. The fee schedule is updated to reflect changes in rates per cubic foot, per fixture, per device, and per square foot or unit, with minimum fees specified for different subcodes. The ordinance also outlines reporting requirements for the Construction Official to the governing body regarding receipts and expenditures.
Web Content
Construction Page Navigation Close Departments Construction Construction (UCC) Forms/Applications Construction Announcements OUR OFFICE LOCATION 100 Princeton Ave. Dover, NJ 07801 Phone: 973-366-2200 Fax: 973-366-0039 Ashley Traverso / Clerk Typist Ext. 2115 Thomas Mahoney / Construction Official / Building Subcode Ext. 2154 Tom Mahoney, Jr . / Building Inspector Ext. 2117 Robert Young / Fire Subcode Ext. 2147 Stanley Fagerty / Electrical Subcode Ext. 2147 Domenick Carneval / Plumbing Subcode Ext. 2147 Carolyn O'Connor / Technical Assistant Ext. 2122 Useful Information Residential Garden Type Utility Sheds Ordinary Maintanence : When a UCC Permit is not necessary Pools: What Permits are Required Helpful Links Department of Community Affairs Uniform Construction Code Rehabilitation Subcode Currently addopted codes UCC Forms Fee Schedule
Document Text
--- Document: Residential Garden Type Utility Sheds ---
Residential Garden Type Utility Sheds
Do I Need A Permit?
1. Yes. Regardless of size, you always need at least a Zoning Permit.
2. If you’re building or installing a shed over 100 Sq. Ft. or over 10 feet in height, you're also going
to need a Building Permit. You also need a Building Permit, regardless of size if it contains a
water, gas, oil or sewer connection (see below for zoning “habitability” restrictions). A
construction permit for electrical work shall also be required, if applicable.
Why Do I Need a Permit for a Shed?
1. When preparing to build a shed, often people consider location, size and the materials required
and while these are important considerations, nothing will stop your shed building process better
than a shed going up without permits!
2. Any structure being built, including prefab shed kits, requires permits. Building permits ensure
that the structure you're building is safe so that no one gets injured or killed due to improper
construction methods and that you're meeting zoning requirements. Permits are also designed to
make sure that your neighbor doesn't build his shed right against your property line creating an
eyesore and maintenance problem.
OK, so what are the Building Code requirements?
If your proposed shed is greater than 100 Sq. Ft., but not more than 200 Sq. Ft., and does not exceed 10
feet in height, you need both a Zoning Permit and a Building Permit, but you may not need for a
footing/foundation if:
1. It does not contain a water, gas, oil or sewer connection
2. It is “dimensionally stable” (it is considered dimensionally stable if it is provided with a floor
system that is tied to the walls of the shed such that it reacts to loads as a unit).
3. It is of sufficient weight to remain in place, and if not, it is anchored to the ground
If your proposed shed is greater than 200 Sq. Ft it is no different than your house; it needs a foundation
system.
And what about the Zoning Requirements?
Garden Type Utility Sheds are permitted as “Accessory Structures.” They shall:
1. not be a habitable room or used for human habitation
2. not be located in the front or side yard area
3. not exceed one story or 18 feet in height and may not occupy more than 30% of a required rear
yard or a maximum of 600 square feet, whichever is smaller
4. be a minimum distance of five (5) feet from an adjacent building or property line
You must supply a copy of your Property Survey with your Zoning Permit so it can be checked for these
requirements.
How do I measure the “Height” of my shed to see if it meets the Building Code and Zoning
requirements?
The definition of “Building Height” is “The vertical distance from grade plane to the average height of
the highest roof surface.” The Building Department can help you with this, but suffice it to say that if
the overall height from the surrounding ground to the peak of the roof is less than 10 feet, you’re OK. If
it’s “close”, you may still be OK, but bring us a dimensioned picture or drawing, and we can let you
know.
--- Document: Ordinary Maintanence ---
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:
1. The cutting away of any wall, partition or portion thereof;
2. The removal or cutting of any structural beam or bearing support;
3. The removal or change of any required means of egress, or rearrangement of parts of a
structure affecting the exitway requirements;
4. Any work affecting structural or fire safety;
5. Any work that will increase the nonconformity of any existing building or structure with the
requirements of the regulations;
6. Addition to, or alteration, replacement or relocation of:
i. Any standpipe;
ii. 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
iv. Mechanical or other work affecting public health or general safety; or
7. 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.
1. Ordinary building maintenance shall include:
i. Exterior and interior painting;
ii. Installation, repair, or replacement of interior finishes of less than 25 percent of
the wall area 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;
iv. 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;
v. The 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 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;
vi. The repair or replacement of any non-structural component, such as a partition
railing in one- and two-family dwellings;
vii. The repair, replacement, or installation of any non-structural elements, such as
cabinets;
viii. The repair, replacement, or installation of any interior or exterior trim,
decoration, or moldings;
ix. The repair, replacement, or installation of any flooring material with a new
material;
x. The repair or replacement of existing roof covering on detached one- and two-
family dwellings;
xi. The repair or replacement of existing siding 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. The repair or replacement of any part of a deck, porch, or stoop that does not
provide structural support for any roof or portion of a building;
xiv. The repair, replacement, or installation of screens;
xv. The installation of insulation, except foam plastic insulation, when installed
adjacent to or not more than one and a half inches from an interior finish;
xvi. The repair, replacement, or installation of exterior gutters and leaders; and
xvii. The installation of a storable spa or hot tub that is provided with a lockable
safety cover that complies with ASTM F1346.
2. Ordinary plumbing maintenance shall include:
i. Replacement of hose bib valves. Replacement hose bib valves shall be provided
with an approved atmospheric vacuum breaker;
ii. 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;
iv. Repair of leaks involving the replacement of piping;
v. Clearance of stoppages;
vi. Replacements of faucets or working parts of faucets;
vii. Replacement of valves (including shower or combination bath/shower valves);
viii. Replacements of working parts of valves, including, but not limited to, shower or
combination bath/shower valves;
ix. Replacement of traps;
x. Replacement of fixtures with a similar fixture provided that no change in the piping
arrangement is made; and
xi. Replacement of domestic clothes washers and domestic dishwashers.
3. Ordinary electrical maintenance shall include:
i. The replacement of any receptacle, switch, or lighting fixture, or part thereof, not
containing emergency battery packs with a like or similar item. Receptacles in
locations where ground-fault circuit interrupter protection, damp/wet, or tamper-
resistant are required shall comply with Section 406.4(D) of the electrical subcode;
ii. 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 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;
iv. Replacement of domestic dishwashers;
v. Replacement of kitchen range hoods in dwelling units, provided that the
replacement hood exhaust rate does not exceed the exhaust rate of the existing hood
or the exhaust rate of the replacement hood does not exceed 400 cubic feet per
minute (cfm);
vi. 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.
4. Ordinary fire protection maintenance shall include:
i. The replacement of any sprinkler or smoke alarm, smoke detector, or heat detector
head with a like device;
ii. 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 alarms; and
iv. The installation of battery-powered or plug-in type carbon monoxide alarms.
5. Ordinary heating, ventilation, and air conditioning maintenance shall include:
i. Replacement of motors, pumps and fans of the same capacity;
ii. 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;
iv. Repair of air conditioning equipment and systems;
v. Repair or replacement of control devices for heating and air conditioning
equipment;
vi. Replacement of kitchen range hoods in dwelling units, provided that the
replacement hood exhaust rate does not exceed the exhaust rate of the existing hood
or the exhaust rate of the replacement hood does not exceed 400 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;
ix.The replacement of bathroom exhaust fans in dwelling units; and
x.The application of liquid applied lining material inside an existing chimney.
6. Ordinary elevator maintenance shall include:
i. 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.
ii. 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.
iv. 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.
v. 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.
vi. 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.
ix. 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.
x. 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.
xi. 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 March 2018
--- Document: Pools: ---
DID YOU KNOW
Before we know it, the hazy hot days of summer will be here. Along with
BBQs, picnics, and gardens; summer is also synonymous with POOLS,
SPAS AND HOT TUBS.
Generally speaking, pools, spas and hot tubs are categorized into three
groups: inground, above/on-ground permanent, and above/on-ground
temporary (seasonal); which include those that are portable or inflatable.
Are permits required for all pools, spas and hot tubs? Maybe! Here is a
hint... the STATE OF NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, as a safety measure
requires that any pool, spa or hot tub, as defined by the International Residential Code (IRC) 2021, New
Jersey Edition, as any structure intended for swimming or recreational bathing that can hold more than
twenty-four (24) inches in depth of water, requires the proper Construction permits. In addition, ALL
appropriate requirements of the Municipal Zoning & Engineering Codes must be met. So before you take
the "plunge" and purchase a pool, spa or hot tub- keep in mind that a Construction permit along with other
Municipal approvals may be necessary. You, your family and the public's safety are everyone's primary
concern!
The chart below illustrates what permits and approvals are needed for compliance:
CATEGORY
CONSTRUCTION
PERMIT
ZONING/ENGINEERING
APPROVAL
In-Ground Pool
X
X
Above/On-Ground
Pool- Permanent
(capable of holding 24
or more inches of
water)
X
X
Above/On-Ground Pool
Temporary (capable of
holding 24 or more
inches of water)
X
X
Spas
X
X
Hot Tubs
X
X
Pools, spas or hot tubs
not capable of holding
over twenty-four (24)
inches or more of
water, (does not require
permits and other
Municipal approvals
As you can see from the chart, in-ground pools, require a construction permit and approvals from both
Zoning and Engineering for compliance. Companies which sell and install in ground pools in the State of
New Jersey should be familiar with pool code compliance and typically handle securing permits and
approvals.
Permanent above/on-ground pools are typically installed once and left up year round. A Construction
permit and Zoning approval are required. If the pool is less than forty-eight (48) inches above grade or is
not barrier compliant, a barrier designed to restrict access to the pool will be required.
Temporary or seasonal above/on-ground pools with filtering equipment are becoming more and more
popular, especially for families with young children. These pools, including the inflatable ones, are
disassembled at the end of the summer and then reassembled the next year. CAUTION: Many vendors
do not tell you details of required permits for this type of pool which could become costly. As with all
residential pools less than forty-eight (48) inches above grade, a barrier designed to restrict access will be
required.
Spas and Hot tubs (whether permanent or temporary) require a Construction and Zoning permit. The
barrier exception to spas and hot tubs applies so long as a compliant safety cover is installed
with the unit.
We wish everyone a safe and enjoyable summer!
--- Document: Rehabilitation Subcode ---
N.J.A.C. 5:23-6.1
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.1 Introduction; using this subcode
(a) This section is a guide to the use of the rehabilitation subcode. It should not be interpreted as
containing substantive requirements and it is not intended to be cited for enforcement purposes.
1. The provisions of the other subcodes of the Uniform Construction Code do not apply to work in
existing buildings, changing the use of an existing building or work in an existing building related to an
addition unless the provisions of this subcode specifically reference them and make them applicable.
2. Traditionally, the New Jersey Uniform Construction Code has made the requirements that are
applicable to new buildings also apply to buildings whose use is changed; applicable to buildings
undergoing rehabilitation with the extent of the requirements depending on the amount of money being
spent on the building; and to some extent applicable to existing buildings that have an addition
constructed. Buildings whose use was changed and buildings receiving rehabilitation costing more than
50 percent of the replacement cost of the building were required to comply with all the provisions of the
Uniform Construction Code for new buildings.
3. This subcode takes a new approach. The requirements that apply to a project are based upon the
type of work being done rather than on the extent of the work. There is only one exception to this rule.
In the case of reconstruction work, as the term reconstruction is defined in this subcode, there are
some requirements which must be met when the project is a large one in floor area.
4. In this subcode, work is classified into six categories. Each category has a separate section which
describes the requirements for that category of work. The categories are repair, renovation, alteration,
reconstruction, change of use and additions. These terms are defined in
N.J.A.C. 5:23-6.3 . The definitions are critical to understand the distinctions between
these six categories of work. Where a project contains more than one category of work, each
applicable category must be consulted for the requirements for that category of work.
(b) Repair Work: The requirements that apply to repair work are in
N.J.A.C. 5:23-6.4 . The requirements for repairs are brief due to the limited nature of the work.
There is a short list of materials that may not be used for repair work due to their inherently hazardous
nature and another list of materials that must be used in connection with repair work where applicable.
These lists should be used when planning the repair components of any project.
1. This subcode does not establish when a permit is required for a project. Those requirements are in
N.J.A.C. 5:23-2 . Although it is generally true that repair work undertaken by itself does
not require a construction permit, it is important to understand that any repair work undertaken in
connection with a project that involves other categories of work is required to meet only the provisions
for the repair category established by this subcode. There is no limit to the amount of repair work which
may be undertaken. The decision to renovate rather than repair is made only by the owner.
2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling
units of Group R-2 that undergo a repair.
Page 2 of 8
§ 5:23-6.1 Introduction; using this subcode
3. The installation of carbon monoxide detection equipment is required in buildings containing a fuel
burning appliance or having an attached garage.
(c) Renovation Work: The requirements that apply to renovation work are in
N.J.A.C. 5:23-6.5 . Renovation is defined in
N.J.A.C. 5:23-6.3 .
1. There are short lists of materials that may not be used and materials or practices which must be
used, where applicable, when renovation work is undertaken. These lists should be used when
planning a project which involves renovation work.
2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling
units of Group R-2, which undergoes a renovation.
3. The installation of carbon monoxide detection equipment is required in buildings containing a fuel
burning appliance or having an attached garage.
4. Renovation work must comply with
N.J.A.C. 5:23-6.8 , Materials and methods. All materials used for the renovation work
must meet the standards for those materials established by
N.J.A.C. 5:23-6.8 and methods of installation must comply with that section.
N.J.A.C. 5:23-6.8 , Materials and methods, references and makes applicable to
renovation work certain specified subsections of the other subcodes of the Uniform Construction Code.
Only those subsections specifically referenced in
N.J.A.C. 5:23-6.8 apply to renovation work. All materials and methods used in
renovation work must comply with the requirements of that section.
5. This subcode never requires renovation. Any existing work may be repaired. The requirements for
renovation apply only where the owner decides to renovate.
(d) Alteration Work: The requirements that apply to alteration work are in
N.J.A.C. 5:23-6.6 . Alteration is defined in
N.J.A.C. 5:23-6.3 .
1. N.J.A.C. 5:23-6.6 , Alteration work, contains short lists of materials that may not be
used and materials or practices which must be used, where applicable, when alteration work is
undertaken. These lists should be used when planning a project which includes alteration work.
2. The installation of smoke alarms is required in any building of Groups R-3, R-4, R-5, and in dwelling
units of Group R-2, which undergoes an alteration.
3. The installation of carbon monoxide detection equipment is required in buildings containing a fuel
burning appliance or having an attached garage.
4. Alteration work must also comply with materials and methods that are set forth in
N.J.A.C. 5:23-6.8 .
5. In alteration work, the configuration of the building is changed in some manner. The definition of
"alteration" in
N.J.A.C. 5:23-6.3 provides the information needed to fully understand this term.
Because improper alteration work could create a safety hazard in the building, this subcode contains
specific requirements which define these hazards. These are the basic requirements of the subcode
which can be found in
N.J.A.C. 5:23-6.10 through
6.30 .
6. The subcode includes basic requirements, listed by group, with the exception of egress capacity,
interior finish requirements, commercial cooking operations, and windowless stories which apply to all
groups. Reference should be made to the list of basic requirements applicable to the particular group in
which the building being altered falls. Care should be taken to ensure that the alteration will not create
Page 3 of 8
§ 5:23-6.1 Introduction; using this subcode
a non-conformity with any of the basic requirements which did not exist before the alteration was
undertaken.
7. Certain alterations create what are defined to be new building elements. There is a specific listing of
those items which are to be treated as newly-created building elements which can be found in
N.J.A.C. 5:23-6.9 . The elements on that list are required to conform to certain specific
sections of the other subcodes of the Uniform Construction Code. The sections with which each newly-
constructed element must comply are listed in
N.J.A.C. 5:23-6.9 . Any alteration which creates one of the elements listed in that section
must comply with the specific requirements listed in
N.J.A.C. 5:23-6.9 .
8. Improvements to the accessibility of buildings may be required when alteration work is undertaken.
Those requirements are specified in
N.J.A.C. 5:23-6.6(e) and (k).
(e) Reconstruction Work: The requirements that apply to reconstruction work are in
N.J.A.C. 5:23-6.7 . Reconstruction is defined in
N.J.A.C. 5:23-6.3 . Unlike repair, renovation, and alteration, reconstruction is not a kind of
work. A reconstruction may, as the definition of the term makes clear, include a combination of repair,
renovation, and alteration work. It is the extent and nature of the work which makes a project a
reconstruction. There are no quantitative criteria which determine whether a project is a reconstruction. A
project becomes a reconstruction when the area where the project is taking place cannot be occupied while
the work is in progress and when a new certificate of occupancy is required before the area can be re-
occupied. Both criteria must be met.
1. This subcode requires that a reconstruction project have a delineated work area. This area is
established by the permit applicant. The term "work area" is defined in
N.J.A.C. 5:23-6.3 . A reconstruction project must always involve an entire use, primary
function space, or tenancy as those three terms are defined in
N.J.A.C. 5:23-6.3 . Projects which do not involve an entire use, primary function space,
or tenancy are not reconstruction projects.
2. Although a reconstruction project is comprised of repair, renovation and alteration work, all of the
requirements that apply are found in
N.J.A.C. 5:23-6.7 . For ease of use, this section has been written to include all of the
requirements applicable to reconstruction. The entire work area must conform to the basic
requirements in
N.J.A.C. 5:23-6.10 through
6.30 . These sections must be carefully reviewed when a reconstruction project is being
planned.
3. The basic requirements are organized by individual groups in
N.J.A.C. 5:23-6.12 through
6.28 . Only the sections relevant to the building's group must be consulted. Where a
project involves mixed uses, then the special provisions of
N.J.A.C. 5:23-6.29 should also be consulted. Basic requirements that apply to all groups
are in
N.J.A.C. 5:23-6.11 and
6.30 . Therefore,
N.J.A.C. 5:23-6.11 ,
6.30 , and the specific group section between 6.12 and 6.28 must be consulted for the
basic requirements which apply to a project.
4. In addition to meeting the basic requirements, certain reconstruction projects must meet the
supplemental requirements found in
N.J.A.C. 5:23-6.10 through
Page 4 of 8
§ 5:23-6.1 Introduction; using this subcode
6.30 . There is a specific section for each group as is the case with the basic
requirements. Supplemental requirements that apply to all groups are in
N.J.A.C. 5:23-6.11A and
6.30 . The supplemental requirements apply only when the work area for a
reconstruction project exceeds a certain size. Each supplemental requirement has its own threshold of
applicability.
5. The owner of a building in which a reconstruction project is planned must review the supplemental
requirements applicable to the use of the project to determine if any of those requirements applies to
the project. In addition to the specific group section between
N.J.A.C. 5:23-6.12A and
6.28A ,
N.J.A.C. 5:23-6.11A and
6.30 should be consulted for the supplemental requirements that apply to a project.
(f) Applying the Subcode to a Project: The requirements of this subcode applicable to a project can be
found as follows:
1. Separate the project into its component parts of repair, renovation, and alteration;
2. Where a portion of the work is repair, consult the repair section of this subcode (
N.J.A.C. 5:23-6.4 ) to ensure that prohibited materials are not being used and that any
applicable required materials or practices are being used;
3. Where a portion of the work is renovation:
i. Consult the renovation sections of this subcode (
N.J.A.C. 5:23-6.5 );
ii. Ensure that the renovation work does not use any prohibited materials and that any applicable
required materials or practices are being used; and
iii. Ensure that renovation materials and the methods of their installation conform to the Materials
and Methods section of this subcode (
N.J.A.C. 5:23-6.8 ).
4. Where a portion of the work is alteration work:
i. Consult the alteration section of this subcode (
N.J.A.C. 5:23-6.6 );
ii. Ensure that the alteration work does not use any prohibited materials and that any applicable
required materials or practices are being used;
iii. Ensure that any materials and methods used for the alterations conform to the requirements of
the materials and methods section of this subcode (
N.J.A.C. 5:23-6.8 );
iv. Ensure that alteration which creates a new building element listed in
N.J.A.C. 5:23-6.9 conforms to the requirements for new building elements that are
specified in
N.J.A.C. 5:23-6.9 ; and
v. Ensure that none of the alteration work creates a new condition which would create a violation
of any of the basic requirements applicable to the groups that are specified in
N.J.A.C. 5:23-6.10 through
6.30 .
5. Determine whether the project is a reconstruction project according to the definitions in
N.J.A.C. 5:23-6.3 . When the project is a reconstruction project:
i. Establish the work area of the project and show it on the plans and/or permit application;
Page 5 of 8
§ 5:23-6.1 Introduction; using this subcode
ii. Ensure that the requirements applicable to the repair, renovation, and alteration portions of the
project are followed;
iii. Ensure that the basic requirements for the particular uses that are specified in the relevant
section of this subcode between
N.J.A.C. 5:23-6.11 and
6.28 are followed. Where the project work area includes more than one group,
then
N.J.A.C. 5:23-6.29 should be consulted; and
iv. Review the size of the work area against the relevant provisions of the supplemental
requirements in
N.J.A.C. 5:23-6.11A through
6.28A . Where compliance with a supplemental requirement is necessary, then
ensure that the plans and/or the permit application reflect compliance with the required section.
Some supplemental requirements will require work outside the work area.
(g) Changes of Use: The Uniform Construction Code divides all buildings into categories called uses. The
Rehabilitation Subcode uses these same classifications.
1. The different uses represent different hazards and different needs. Specific requirements apply to
each use. Each of the other technical subcodes of the Uniform Construction Code: Building, Fire,
Plumbing, Electrical, Mechanical, Fuel Gas, Energy, and One- and Two-Family Dwelling, defines these
uses, each for its own purpose. Traditionally, the Uniform Construction Code required any building or
portion of a building where the use was changed to conform to the requirements of the code for a new
building of that use. This subcode takes a different approach.
2. A change of use in a building often, but not always, involves some construction work. Changes of
use, in which the owner does not need any construction work to effect the new use, do happen. The
different uses defined by the code reflect different levels of hazard and different safety requirements.
Depending upon the specific change, a new use may not affect the hazard; it could pose a lesser
hazard; or it might pose a greater hazard or necessitate additional safety measures.
3. This subcode allows changes of use where the new use is similar to or less demanding in terms of
hazard or safety requirements than the present use. No modifications to the building are required by
this subcode where such a change of use is planned.
4. This subcode uses the concept of hazard indexes in order to specify the requirements for a change
of use. Separate hazard indexes are established for different aspects of building, health, and safety:
i. Basic Requirements: Changes of use specified in
N.J.A.C. 5:23-6.31(b) must comply with the basic requirements set forth in
N.J.A.C. 5:23-6.10 through
6.30 before the building can be occupied for the new use.
ii. Means of Egress: Certain changes of use specified in
N.J.A.C. 5:23-6.31(c) must comply with additional requirements for egress which
are set forth in
N.J.A.C. 5:23-6.31(c) before the building can be occupied for the new use.
iii. Vertical Openings: Stairways and other vertical openings located in a building or portion of a
building where there is a change of use are required to meet certain enclosure requirements for the
new use which are specified in
N.J.A.C. 5:23-6.12 through
6.28 . These requirements must be met before the building may be occupied for
the new use.
iv. Height and Area Limits: Changes of use are not allowed if the building will exceed the height
and area limits specified in
Page 6 of 8
§ 5:23-6.1 Introduction; using this subcode
N.J.A.C. 5:23-6.31(e) for its type of construction. The types of construction are
defined in
N.J.A.C. 5:23-3.14 , the Building Subcode.
v. Exterior Walls: Changes of use as specified in
N.J.A.C. 5:23-6.31(f) of this subcode must have the fire resistance of exterior walls
and any openings therein improved as specified in
N.J.A.C. 5:23-6.31(f) before the building can be occupied for the new use.
vi. Automatic Sprinkler System: Changes of use as specified in
N.J.A.C. 5:23-6.31(g) must have an automatic sprinkler system installed in
accordance with the requirements of
N.J.A.C. 5:23-6.31(g) before the building can be occupied for the new use.
vii. Fire Alarms and Fire Detection Systems: Changes of use as specified in
N.J.A.C. 5:23-6.31(h) and (i) must have fire alarms or fire detection installed in
accordance with the requirements of
N.J.A.C. 5:23-6.31(h) and (i) before the building can be occupied for the new use.
viii. Structural, Plumbing, Electrical, and Mechanical: Some changes of use may necessitate
changes to the structural, plumbing, electrical, or mechanical systems of a building. These
requirements are set forth in
N.J.A.C. 5:23-6.31(k) , ( l), (m) and (n) of this subcode. Only those requirements
necessitated by the change and needed for health or safety in the new use as specified must be
met.
ix. Accessibility Requirements: Changes of use must conform to the accessibility requirements
specified in
N.J.A.C. 5:23-6.31 ( o) before the building can be occupied for the new use.
5. Where the owner of a building undergoing a change of use decides to undertake work not required
by
N.J.A.C. 5:23-6.31 , then that work must comply with the requirements for repair,
renovation, alteration, and reconstruction, as the case may be, which are established by
N.J.A.C. 5:23-6.4 ,
6.5 ,
6.6 and
6.7 .
6. Where the use of a building or portion of a building is changed, a new certificate of occupancy is
required for the new use by the provisions of
N.J.A.C. 5:23-2 . This does not mean that all changes of use are required to meet the
requirements for reconstruction. Only a project which meets the definition of reconstruction set forth in
N.J.A.C. 5:23-6.3 need comply with the provisions of
N.J.A.C. 5:23-6.7 , Reconstruction.
(h) Additions: Additions are required to comply with the provision of the other technical subcodes of the
Uniform Construction Code. Work in the existing building which is related to the addition must conform with
the requirements of
N.J.A.C. 5:23-6.32 . Additionally, such work undertaken in the existing building must comply
with the requirements for repair, renovation, alteration, and reconstruction as set forth in
N.J.A.C. 5:23-6.4 ,
6.5 ,
6.6 and
6.7 .
(i) Historical Buildings:
N.J.A.C. 5:23-6.33 defines those buildings which are to be treated as historic and sets forth
Page 7 of 8
§ 5:23-6.1 Introduction; using this subcode
certain special requirements applicable to historic buildings which modify the provisions of this subcode
when a building is historic.
N.J.A.C. 5:23-6.33 should be reviewed to determine if a building is to be treated as historic
under this subcode and for the special provisions applicable to the various types of historical buildings.
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See:
32 N.J.R. 3219(a) ,
32 N.J.R. 4437(b) .
In (a)3, deleted the last sentence; and in (d)7, updated N.J.A.C. reference.
Amended by R.2003 d.218, effective May 19, 2003.
See:
35 N.J.R. 29(a) ,
35 N.J.R. 2209(a) .
In (c)2 and (d)2, substituted "R-3 and R-5" for "R-3/R-4"; in (f)5iii, (g)4ii, and (g)4vii, updated N.J.A.C.
references.
Amended by R.2004 d.145, effective April 5, 2004.
See:
35 N.J.R. 5190(a) ,
36 N.J.R. 1758(a) .
Deleted references to use preceding references to group throughout; in (g)4vi, substituted references
to automatic sprinkler system for fire suppression throughout.
Amended by R.2009 d.117, effective April 20, 2009.
See:
41 N.J.R. 18(a) ,
41 N.J.R. 1726(a) .
In (c)2 and (d)2, substituted "alarms" for "detectors".
Amended by R.2011 d.270, effective November 7, 2011.
See:
43 N.J.R. 1297(a) ,
43 N.J.R. 2999(a) .
In (d)7, substituted "(k)" for "(j)"; and in (g)1, deleted "and" preceding "Mechanical" and inserted ", Fuel
Gas, Energy, and One- and Two-Family Dwelling".
Amended by R.2017 d.077, effective May 1, 2017.
Page 8 of 8
§ 5:23-6.1 Introduction; using this subcode
See:
48 N.J.R. 1854(a) ,
49 N.J.R. 1020(a) .
Rewrote (b) through (d).
Amended by R.2017 d.107, effective June 5, 2017.
See:
48 N.J.R. 1851(a) ,
49 N.J.R. 1381(b) .
In (b)3, (c)3, and (d)3, by substituting "detection equipment" for "alarms", and delete "of Groups I-1, R-
1, R-2, R-3, R-4, or R-5" following "buildings".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.2
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.2 Applicability and compliance
(a) This subchapter, adopted pursuant to authority of the State Uniform Construction Code Act (P.L. 1975,
c.217), and entitled "Rehabilitation Subcode," shall be known and may be cited throughout the regulations
as N.J.A.C. 5:23-6, and when referred to in subchapter 6 of this chapter, may be cited as "this subchapter"
or "this subcode." Unless otherwise specifically provided, all references to article or section numbers, or to
provisions not specifically identified by number, shall be construed to refer to such article, section or
provision of this subchapter.
(b) Scope: Except as otherwise specified, this subchapter shall control all matters concerning the repair,
renovation, alteration, reconstruction, change of use, and addition to all buildings and structures and their
service equipment as defined herein and shall apply to all existing buildings and structures in the State of
New Jersey.
1. This subchapter shall not be applied to any building or portion thereof that has never been occupied.
In such buildings or spaces, the requirements of the other subcodes of the Uniform Construction Code
for new construction shall apply.
2. All work shall be classified by the construction official, in consultation with the appropriate subcode
official(s), as one or more of six categories: repair, renovation, alteration, reconstruction, change of use,
and additions. Specific requirements are established for each work category.
i. If a structure is demolished except for a de minimis amount, the construction official shall
designate the replacement structure as a new structure and apply the requirements of the Uniform
Construction Code applicable to new construction.
3. Work of more than one category may be part of a single work project.
i. Where a project includes repair, renovation or alteration work, then the work in each such
category shall comply with the requirements for that category of work.
ii. Where a project is a reconstruction project which includes repair, renovation or alteration work,
then the work in each such category shall comply with the requirements for that category of work.
iii. Where an alteration project results in a new building element, then each such new element
shall comply with the requirements for new building elements.
iv. Where a project is a reconstruction project, then the entire work area shall comply with the
basic requirements of this subcode. Where a reconstruction project in a building involves more than
one work area, then each work area shall comply with the requirements of this subcode.
Additionally, reconstruction projects shall comply with the supplemental requirements of this
subcode where they exceed the size requirements specified by this subcode in the sections
governing supplemental requirements.
v. Where the use of a building or portion thereof is changed, then the building or portion thereof
shall be made to conform to the requirements of this subcode for a change of use. Where work is
required by N.J.A.C. 5:23-6.31 for a change of use to be approved, then that work shall comply with
Page 2 of 5
§ 5:23-6.2 Applicability and compliance
the requirements of this subcode for changes of use. Where a project undertaken in connection
with a change of use involves repairs, renovations or alterations which are not required by this
subcode for the change of use, then the work in each such category shall comply with the
requirements of this subcode for that category.
vi. Where the work project involves an addition to a building, then the addition shall comply with
the requirements of the other subcodes of the Uniform Construction Code for new buildings. Any
repair, renovation or alteration undertaken in an existing building in connection with an addition
shall comply with the requirements of this subcode for such category of work.
(c) Compliance: The only requirements of the other subcodes of the UCC that apply are specifically set
forth in this subchapter. Compliance with the requirements of the other subcodes of the UCC is not required
for work in existing buildings. However, building components already in compliance with the requirements
of the other subcodes of the UCC shall be replaced with components that comply. Where no year or edition
is given for a standard referenced in this subchapter, the year or edition shall be the one referenced in the
other subcode(s) of the UCC as of September 19, 2022.
1. Buildings in compliance with the current edition of the applicable subcode shall not be required to
comply with any more restrictive requirement of this subcode.
2. The repairs, renovations, alterations, reconstruction, and changes of use and/or additions, of any
building or structure currently existing shall conform to the requirements of this subchapter. Where
compliance with the provisions of this subchapter would result in practical difficulty, the owner may
apply for a variation in accordance with N.J.A.C. 5:23-2.10.
3. Any variation previously issued in writing pursuant to the UCC shall remain in force and effect unless
the work to be performed during the course of the rehabilitation project causes one of the conditions of
the variation to be violated or would otherwise create a hazardous condition.
4. As an alternative to compliance with the building and fire protection requirements of this subchapter,
a permit applicant shall be allowed to evaluate the building in accordance with Sections 1301.5 through
1301.9 of the International Existing Building Code, as referenced by the building subcode, incorporated
herein by reference, and to bring the building into compliance with the standards contained therein.
5. When a project is undertaken in an existing building having a group designation that no longer
represents the use due to subsequent adoptions of each subcode, the current group designation that
most closely resembles the approved use shall be used as the basis for applying the requirements of
this subchapter.
(d) Permits: The requirements of this subchapter shall apply to all rehabilitation work without regard to
whether a permit is required for such work. It should not be assumed that a permit is required simply
because a requirement is established by this subchapter. Determinations as to whether a permit is required
shall be made in accordance with the administrative provisions of the UCC contained at N.J.A.C. 5:23-2.
(e) Enforcement Responsibilities: Responsibility for the enforcement of the provisions of this subchapter
shall be as indicated in parentheses at the end of each section, subsection, paragraph or subparagraph, as
appropriate (for example, in a subsection of several paragraphs, the enforcement responsibility shall be in
parentheses after the subsection's last paragraph). For provisions of other subcodes of the Uniform
Construction Code referenced herein, enforcement responsibility shall be as indicated in N.J.A.C. 5:23-3.4.
1. Assignment of enforcement responsibility for a requirement does not imply that work undertaken
that would not otherwise require a permit under the provisions of N.J.A.C. 5:23-2 of the Uniform
Construction Code would now require a permit. Assignment of enforcement responsibility means that
when there is a permit required or a complaint lodged, the designated subcode official is responsible.
The parenthetical notes shall have the following meanings:
i. "Building" means that responsibility is assigned to the building subcode official.
ii. "Fire" means that responsibility is assigned to the fire protection subcode official.
Page 3 of 5
§ 5:23-6.2 Applicability and compliance
iii. "Electrical" means that responsibility is assigned to the electrical subcode official.
iv. "Plumbing" means that responsibility is assigned to the plumbing subcode official.
v. "Elevator" means that responsibility is assigned to the elevator subcode official.
2. Responsibility for the enforcement of mechanical requirements in buildings of Group R-3 or R-5 may
be assigned as delineated in N.J.A.C. 5:23-3.4 at the discretion of the construction official.
(f) Pre-Existing Buildings: Buildings or structures legally in existence at the time of the adoption or
subsequent amendment of this subchapter may continue in use and nothing herein shall be interpreted as
requiring the repair, renovation, alteration or reconstruction of such building, except as provided at N.J.A.C.
5:23-2.32, Unsafe Structures.
(g) Relationship of this subcode to other codes, rules, and ordinances, shall be as follows:
1. It is the intent of this subcode to provide a uniform, Statewide, harmonious system of rehabilitation
regulations applicable to all existing buildings and structures in the State. No code, ordinance, rule,
regulation of any municipality, county, board, department, commission or agency thereof, shall
establish any requirement for any matter covered by this subcode.
i. Exterior light fixtures that replace existing light fixtures shall comply with a municipal ordinance
adopted to control light pollution.
2. It is the intent of this subcode to establish requirements for reconstruction projects which are at least
as stringent as the requirements applicable to that area under the Uniform Fire Code, N.J.A.C. 5:70,
the Regulations for Maintenance of Hotels and Multiple Dwellings (N.J.A.C. 5:10) and the New Jersey
State Housing Code (N.J.A.C. 5:28). This subcode shall not be interpreted as establishing
requirements less stringent than these codes.
3. Certificates of occupancy issued for projects in compliance with the requirements of this subcode
are specific to the work undertaken and shall not obviate the need for the building to be brought into
compliance with the requirements of N.J.A.C. 5:70-4.
i. Notwithstanding the above, a variation issued in writing pursuant to the UCC in connection with a
rehabilitation project shall remain in force and effect provided that all of the conditions of the
variation continue to be met and shall be accepted for purposes of establishing compliance with
N.J.A.C. 5:70-4 for the portion of the building to which the variation applies.
4. This subcode is not intended to establish minimum standards of habitability for housing. No
provision of any State or municipal housing code or the equivalent which establishes minimum
standards for natural light, natural ventilation, minimum habitable floor area per occupant, or
requirements for heat shall be deemed to be affected or superseded by this subchapter.
5. Where work is proposed to an existing commercial farm building or where the use of a building is
changed to a commercial farm building, the building shall be permitted to comply with the requirements
of N.J.A.C. 5:23-3.2(d). For items not specifically covered by N.J.A.C. 5:23-3.2(d), the project shall
comply with the requirements of this subchapter applicable to Group S-2.
6. Any work performed in a licensed health care facility shall be in accordance with the "Guidelines for
Design and Construction of Health Care Facilities," Facilities Guidelines Institute, current edition. All
health care facilities shall comply with National Fire Protection Association (NFPA) 101, the Life Safety
Code, as referenced in the rules promulgated by the Centers for Medicare and Medicaid Services. In
the event of any conflict with this subcode, the more restrictive code provision shall govern.
(h) Correction of Violations of Other Codes: Alterations or renovations mandated by any property, housing,
or fire safety maintenance code or mandated by any licensing rule or ordinance, adopted pursuant to law,
shall conform only to the requirements of that code, rule, or ordinance and shall not be required to conform
to this subchapter unless the code requiring such alterations so provides.
Page 4 of 5
§ 5:23-6.2 Applicability and compliance
(i) Variations: Building owners wishing to use an alternative to compliance with specific provisions of this
subcode shall submit request(s) for variations in writing in accordance with N.J.A.C. 5:23-2.10. For variation
requests involving fire safety, the construction official shall consult with the fire official. If the fire official is
also licensed as a fire subcode official under the Uniform Construction Code, then the approval of the fire
official shall be required on such variation requests.
(j) Asbestos hazard abatement projects and lead hazard abatement projects shall not be categorized as
reconstruction projects in and of themselves despite the fact that occupancy of the work area is not
permitted. However, all related construction work undertaken in connection with such projects and all
replacement materials used shall comply with the applicable provisions of this subcode.
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted (b)2i.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (g)2 and 3, updated N.J.A.C. references.
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (c)4, substituted "Section 3409.6 of the International Building Code, 2000 edition" for "Section 3408.6 of the
BOCA National Building Code, 1996 edition"; in (e)2, substituted "R-5" for "R-4".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout and added (g)1i.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (c)4, substituted "3410.6" for "3409.6" and "2006" for "2000"; and in (g)6, substituted "2006" for "1992-93".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In (c)4, substituted "Sections 3412.5 through 3412.9 of the building subcode" for "Section 3410.6 of the
International Building Code, 2006 edition"; and in (g)6, substituted " 'Guidelines for Design and Construction of
Health Care Facilities,' " for " 'Guidelines for Construction and Equipment of Hospital and Medical Facilities,' 2006
edition or" and "Facilities Guidelines Institute" for "American Institute of Architects Committee on Architecture for
Health".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Page 5 of 5
§ 5:23-6.2 Applicability and compliance
In the introductory paragraph of (c), substituted the first occurrence of "that" for "which"; in (c)4, substituted
"1401.5" for "3412.5" and "1401.9" for "3412.9", and inserted "International Existing Building Code, as referenced
by the"; added (c)5; and deleted (e)3.
Amended by R.2018 d.153, effective August 20, 2018.
See: 49 N.J.R. 2332(a), 50 N.J.R. 1888(a).
Rewrote (g)6.
Amended by R.2020 d.130, effective December 7, 2020.
See: 52 N.J.R. 835(a), 52 N.J.R. 2097(a).
Rewrote (g)6.
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (c)4, substituted "1301.5 through 1301.9" for "1401.5 through 1401.9".
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
In (c), substituted "UCC" for "Uniform Construction Code" twice, and inserted "as of (insert adoption date of the
national model codes update)".
Administrative correction, effective July 25, 2023.
See: 55 N.J.R. 1825(a).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.3
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.3 Definitions
The words and terms used in this subcode shall have the following meanings unless the context clearly indicates
otherwise. Any term not defined herein which is defined in any of the other subcodes of the Uniform Construction
Code shall have the meaning as defined in that subcode. Where a term is defined in this subcode and is also
defined in another subcode, then the term shall have the meaning as defined herein wherever it is used in this
subcode.
"Addition" means an increase in the footprint area of a building or an increase in the average height of the highest
roof surface or the number of stories of a building.
"Alteration" means the rearrangement of any space by the construction of walls or partitions or by a change in
ceiling height, the addition or elimination of any door or window, the extension or rearrangement of any system, the
installation of any additional equipment or fixtures and any work which reduces the loadbearing capacity of or which
imposes additional loads on a primary structural component.
"Change of use" means a change from one use to another use in a building or tenancy or portion thereof.
"Commercial energy code" means the American Society of Heating, Refrigeration and Air Conditioning Engineers
(ASHRAE) standard 90.1 adopted at N.J.A.C. 5:23-3.18 and applicable to all buildings other than residential
buildings as defined at "residential energy code."
"Dormitory" means a building, or portion thereof, containing rooms which are provided as residences or for
overnight sleeping for individuals or groups, and includes those residences utilized by fraternities or sororities which
are recognized by or owned by a school or institution of higher education, but does not include those residences or
multiple dwellings utilized by students which are not recognized by or owned by a school or institution of higher
education. "Dormitory" is not to include a building used primarily to house faculty or a multiple dwelling in which
occupancy of each dwelling unit is limited to persons who are members of a single family group.
"Equipment" or "fixture" means plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire
protection equipment, elevators devices, boilers, pressure vessels and other mechanical facilities or installations,
which are related to building services and shall not include manufacturing, production or process equipment, but
which shall include any connections from building services to process equipment.
"Group" means the group classification of the building subcode.
"Load bearing element" means any column, beam, joist, girder, wall, floor or roof sheathing which supports any
load in addition to its own weight.
"New building element" means any one of the elements listed in N.J.A.C. 5:23-6.9 that did not exist previously.
"Nursing home" means a building used for nursing or custodial care on a 24-hour basis for more than five persons
where evacuation is impractical (a group that, even with staff assistance, cannot reliably move to a point of safety in
Page 2 of 3
§ 5:23-6.3 Definitions
a timely manner) as defined in Section 22-1.3 of NFPA 101-97. This shall include intermediate care facilities, skilled
nursing facilities and long term care facilities.
"Primary function space" means a room or space housing a major activity for which the building or tenancy is
intended including, but not limited to, office area, auditorium, assembly space, dining room, bar or lounge,
warehouse, factory, dwelling, care, confinement, retail, and educational spaces, but not including kitchens,
bathrooms, storage rooms or other spaces supporting a primary function space; a building or tenancy may contain
more than one primary function space.
"Primary structural component" means any component of the primary load bearing structure of a building including
footings, piles, foundations, columns, girders, beams, joists, wind or seismic bracing but not including, for the
purposes of this subcode, sheathing or subflooring.
"Reconstruction" means any project where the extent and nature of the work is such that the work area cannot be
occupied while the work is in progress and where a new certificate of occupancy is required before the work area
can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof.
Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the
replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not
be classified as reconstruction solely because occupancy of the work area is not permitted.
"Rehabilitation" means the repair, renovation, alteration or reconstruction of any building or structure.
"Renovation" means the removal and replacement or covering of existing interior or exterior finish, trim, doors,
windows, or other materials with new materials that serve the same purpose and do not change the configuration of
space. Renovation shall include the replacement of equipment or fixtures.
"Repair" means the restoration to a good or sound condition of materials, systems and/or components that are
worn, deteriorated or broken using materials or components identical to or closely similar to the existing.
"Residential energy code" means the International Energy Conservation Code adopted at N.J.A.C. 5:23-3.18 and
applicable to residential buildings as defined as Group R-3 and R-5 buildings, as well as Group R-2 and Group R-4
buildings three stories or less in height above grade. Group R-5 buildings requirements are denoted in parentheses
for the equivalent requirement in the one- and two-family dwelling subcode.
"System" means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service
components of a building including any equipment, fixtures, connections, conduits, wires, pipes, ducts, as well as
any associated sensors, controls, distribution or safety elements.
"Technically infeasible" means, in connection with accessibility requirements, a change that has little likelihood of
being accomplished because the existing structural conditions require the removal or alteration of a loadbearing
member that is an essential part of the structural frame, or because other existing physical or site constraints
prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the
minimum requirements for new construction and which are necessary to provide accessibility.
"Tenancy" means an entire building or that portion of a building or story which is or is intended to be under the
control of a single owner or tenant.
"UFC fire barrier" means a continuous membrane, either vertical or horizontal, such as a wall or floor assembly,
that is designed and constructed with a specified fire resistance rating and located to limit the spread of fire and
restrict the movement of smoke. Such barriers may have protected openings when a specific fire resistive rating is
indicated by this subcode.
"Use" means that portion of a building or tenancy which is devoted to a single group or special use or occupancy
as defined in the building subcode or as established by the provisions of any other subcode for the purpose of
specifying special requirements applicable to that portion of a building or tenancy.
Page 3 of 3
§ 5:23-6.3 Definitions
"Work area" means any entire use, primary function space, or tenancy comprising all or part of a reconstruction
project as delineated on the approved permit application and/or plans.
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
Amended "Addition".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Added "Dormitory", "Group" and "UFC fire barrier"; in "Use", deleted "use" preceding "group"; deleted "Use
Group".
Administrative correction.
See: 36 N.J.R. 2490(b).
Amended by R.2007 d.2, effective January 2, 2007.
See: 38 N.J.R. 3377(a), 39 N.J.R. 28(b).
Added definition "Nursing home".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
Added definitions "Commercial energy code" and "Residential energy code".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote definition "Residential energy code".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.3A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.3A Flood-resistant construction
(a) For buildings in designated flood hazard areas, any work that constitutes a substantial improvement or
repair of substantial damage of the existing building, as determined by the local floodplain administrator,
shall comply with the applicable flood-resistant construction requirements below. As defined in the National
Flood Insurance Program rules, 44 CFR 59.1, "'substantial improvement' means any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure before the 'start of construction' of the improvement. This term includes
structures which have incurred 'substantial damage,' regardless of the actual repair work performed." As
defined in these Federal rules, "'substantial damage' means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred."
1. Group R-5 buildings: Sections R301.2.4, R309.3, R322, R401.1, R404.1.9.5, R406.1.2.1, R408.7,
M1301.1.1, M1401.5, M1601.4.10, M1701.2, M2001.4, M2101.29.1, M2105.22.1, M2201.6, and
G2404.7 of the one- and two-family dwelling subcode.
2. All other buildings:
i. Building subcode: Sections 802.4, 913.2, 1108.7.3, 1202.4.4, 1402.6, 1402.7, 1605.3.1.2, 1612,
1804.5, 1805.1.2.1, 2702.1.8, 3001.3, and 3102.7.
ii. Mechanical subcode: Sections 301.16, 401.4, 501.3.1, 602.4, 603.13, 1206.9.1, 1210.8.6, and
1305.2.1.
iii. Fuel gas subcode: Section 301.11.
History
HISTORY:
New Rule, R.2014 d.117, effective July 21, 2014.
See: 46 N.J.R. 160(a), 46 N.J.R. 1685(a).
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (a)1, substituted "M1601.4.10 for "M1601.4.9"; rewrote (a)2i; and in (a)2ii, substituted "301.16" for "301.13" and
"501.3.1" for "501.2".
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
Page 2 of 2
§ 5:23-6.3A Flood-resistant construction
In (a)2i, substituted "802.4, 1202.4.4" for "801.5, 1203.4.2, Exception 5".
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
In (a)1, (a)2i, and (a)2ii, updated Section numbers.
Administrative correction, effective July 16, 2024.
See: 56 N.J.R. 1711(a).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.4
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.4 Repairs
(a) Repairs, as defined in N.J.A.C. 5:23-6.3, shall comply with the requirements of this section. There is no
limit to the amount of repair work which may be undertaken.
1. The following work shall be considered renovation, alteration, or reconstruction, as appropriate, and
not repair work:
i. The cutting away of any wall, partition, or portion thereof;
ii. The permanent, partial or complete removal of any primary structural component;
iii. The removal or rearrangement of any part of a required means of egress; and
iv. Addition to, alteration or relocation of:
(1) Any fire protection system piping;
(2) Water supply, sewer, drainage, gas, oil, waste, vent, or similar piping;
(3) Electrical wiring, other than wiring for a low voltage communication system in a one or two
family dwelling;
(4) Mechanical system components such as ductwork; or
(5) Elevator devices.
(b) All work shall be done in a workmanlike manner.
(c) The work shall not cause any diminution of existing structural strength, system capacity or mechanical
ventilation below that which exists at the time of application for a permit or that which is required by the
applicable subcodes of the Uniform Construction Code, whichever is lower.
1. Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated
live load criteria of Table 1607.1 of the building subcode or Table R301.5 of the one- and two-family
dwelling subcode, as applicable, and shall not create deflection that exceeds the standards set forth
below. As used in this section, fixed loads shall mean uniform or concentrated loads and shall include,
but not be limited to, equipment, files, library stacks, or similar loading conditions. (Building)
i. For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or
less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.
ii. For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or
less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.
iii. For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.
2. Fire protection systems may be removed if the requirements of N.J.A.C. 5:23-6.6(c)2 or 6.7(c)2 are
met, as applicable. (Fire)
3. No work shall be undertaken that diminishes accessibility below that which is required by Chapter
11 of the building subcode. (Building)
Page 2 of 5
§ 5:23-6.4 Repairs
(d) The following products and practices shall not be used:
1. Wood paneling being used as an interior finish not in conformance with Table 2 of N.J.A.C. 5:23-
6.11 of this subcode; (Building)
2. Carpet used for floor covering that fails to meet the DOC FF-1 "Pill Test" (Consumer Product Safety
Commission 16 CFR 1630); (Plan review - Building/Fire. Inspection - Building)
3. Electrical materials/supplies: Unlisted or unapproved electrical products. As stated in the National
Electrical Code (sections 90.7, 110.2, 110.3, and article 100), only electrical products listed, labeled,
approved, and identified are acceptable. Approval is to be based on tests and listings of testing
laboratories such as Underwriters Laboratories Inc. (UL), Factory Mutual (FM) or Canadian Standards
Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc.; and (Electrical)
4. Plumbing materials and supplies:
i. All purpose solvent cement;
ii. Clear PB (polybutylene) piping;
iii. Flexible traps and tailpieces; and
iv. Solder having more than 0.2 percent lead shall not be used in the repair of potable water
systems. (Plumbing)
5. The following practices shall not be used on painted surfaces in all buildings of Group R that were
constructed before 1978, Group E and Group I-4 buildings used as child-care facilities unless the
painted surface has been tested and found to be free of lead-based paint:
i. Open flame burning or the use of high temperature (in excess of 1100 degrees Fahrenheit) heat
guns;
ii. Power sanding or sandblasting, unless a special HEPA (high efficiency particulate air) filter
equipped vacuum attachment is used to contain dust;
iii. Uncontained water blasting or power washing; or
iv. Dry scraping or sanding more than two square feet per room (interior) or 10 square feet or more
per building (exterior). (Building)
6. A mirror shall not be placed in or adjacent to any means of egress so as to confuse the direction of
egress or give the appearance of a doorway, exit, or passageway. Draperies or similar hangings shall
not obscure an exit.
i. Exception: Within dwelling units of Groups R-2, R-3, R-4, and R-5. (Plan review - Building/Fire.
Inspection - Building)
(e) The following products and practices shall be required, when applicable:
1. Replacement glass shall comply with the "Safety Glazing" requirements of the building subcode and
shall be installed in the "Hazardous Locations" as specified by Sections 2406.4 and 2406.5 of the
building subcode or by Section R308.4 of the one- and two-family dwelling subcode, as applicable.
(Building)
2. Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence
of over fusing or tampering per Section 240.51(B) of the electrical subcode. (Electrical)
3. Non-"hospital grade" receptacles in patient bed locations of health care facilities, Group I-2, shall be
replaced with "hospital grade" receptacles. (Electrical)
4. When door hardware is replaced in buildings required by Chapter 11 of the building subcode to be
accessible, replacement hardware shall comply with ICC A117.1, Section 404.2.6. (Building)
Page 3 of 5
§ 5:23-6.4 Repairs
5. Newly installed and replacement handrails and guardrails shall comply with Sections 1011.11,
1012.8, 1014, and 1015 of the building subcode, respectively, or Sections R311.7.8, R311.8.3, and
R312.1 of the one- and two-family dwelling subcode, respectively, as applicable. Where 50 percent or
more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a
complete replacement and shall comply with the above referenced sections. The repair or replacement
of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or
guardrail. (Building)
6. When the refrigerant in existing equipment is replaced with a different refrigerant, the requirements
of the mechanical subcode applicable to the new refrigerant, if any, shall be met. (Plumbing)
7. Existing roof covering shall be removed before installing new roof covering when any of the
following conditions occur:
i. The existing roof or roof covering is water soaked or has deteriorated to the point that the
existing roof or roof covering is not adequate as a base for additional roofing;
ii. The existing roof covering is wood shake, slate, clay, cement or asbestos-cement tile; or
iii. The existing roof has two or more applications of any type of roof covering. (Building)
8. When the work being performed exposes wood framing of any wall, floor, ceiling, or roof,
fireblocking shall be provided as required by section 718.2 of the building subcode or section R302.11
of the one- and two-family dwelling subcode, as applicable. The fireblocking material shall comply with
section 718.2.1 of the building subcode or section R302.11.1 of the one- and two-family dwelling
subcode, as applicable.
(f) In buildings of Groups R-3, R-4, and R-5 and in dwelling units of Group R-2, smoke alarms shall be
installed and maintained on each level of the structure, outside each separate sleeping area in the
immediate vicinity of the bedrooms, and located on or near the ceiling. Battery-operated units shall be
permitted, but shall not replace any AC-powered smoke alarms or a household fire alarm system. (Fire)
(g) In buildings containing a fuel burning appliance or having an attached garage, carbon monoxide
detection equipment shall be installed in accordance with Section 915 of the building subcode or Section
R315 of the one- and two-family dwelling subcode, as applicable. (Fire)
1. Exception: Battery-powered or plug-in devices shall be accepted for purposes of meeting the
requirements of this section.
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted (e)5; and rewrote (f).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c), rewrote 2; in (d), added 5; in (e)2, rewrote iii and substituted "Section 250-140" for "Section 250-60" in v;
and inserted (e)6.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
Page 4 of 5
§ 5:23-6.4 Repairs
In (d), added new 6; in (e), added new 7.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Added (g).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (c)2, substituted "automatic sprinkler" for "fire suppression"; deleted references to use preceding references to
group throughout.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (e)1, substituted "2406.3" for 2406.2"; in (e)3, substituted "2003" for "1998" and "404.2.6" for "404.2.7"; rewrote
(e)4 and (e)7; added (e)8 and (e)9; and in (f), deleted "outside each separate sleeping area in the immediate vicinity
of the bedrooms," following "bedrooms,".
Administrative correction.
See: 39 N.J.R. 3296(a).
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)1, inserted "or by section R308.4 of the one- and two-family dwelling subcode, as applicable"; and in (f),
substituted "alarms" for "detectors".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (c)1, inserted "or Table R301.5 of the one- and two-family dwelling subcode, as
applicable,"; rewrote (c)2 and (e)4; in (e)1, substituted "2406.4" for "2406.3"; in (e)7, substituted "R302.11" for
"R602.8" and "R302.11.1" for "R602.8.1", and deleted "or 717.2.1.1" following "717.2.1"; deleted (e)8 and (e)9; and
in (g), inserted "N.J.A.C. 5:23-3.20(c) of" and "or Section R315 of the one- and two-family dwelling subcode, as
applicable".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote (c)3 and (d) through (g).
Amended by R.2017 d.107, effective June 5, 2017.
See: 48 N.J.R. 1851(a), 49 N.J.R. 1381(b).
Rewrote (g).
Administrative correction.
Page 5 of 5
§ 5:23-6.4 Repairs
See: 49 N.J.R. 3423(a).
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
In (d)4iii, inserted the second occurrence of "and"; deleted former (d)4iv; and recodified former (d)4v as (d)4iv.
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.5
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.5 Renovations
(a) Renovations, as defined in N.J.A.C. 5:23-6.3, shall comply with the requirements of this section.
(b) All work shall be done in a workmanlike manner.
(c) The work shall not cause any diminution of existing structural strength, system capacity or mechanical
ventilation below that which exists at the time of application for a permit or that which is required by the
applicable subcodes of the Uniform Construction Code, whichever is lower. The replacement of fixtures,
equipment or appliances shall not increase loads on these systems unless the system is upgraded in
accordance with the applicable subcode of the UCC to accommodate the increased load.
1. Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated
live load criteria of Table 1607.1 of the building subcode or Table R301.5 of the one- and two-family
dwelling subcode, as applicable, and shall not create deflection that exceeds the standards set forth
below. As used in this section, fixed loads shall mean uniform or concentrated loads and shall include,
but not be limited to, equipment, files, library stacks, or similar loading conditions. (Building)
i. For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or
less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.
ii. For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or
less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.
iii. For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.
2. Fire protection systems may be removed if the requirements of N.J.A.C. 5:23-6.6(c)2 or 6.7(c)2 are
met, as applicable. (Fire)
3. No work shall be undertaken that diminishes accessibility below that which is required by Chapter
11 of the building subcode. (Building)
(d) The following products and practices shall not be used:
1. Wood paneling being used as an interior finish not in conformance with Table 2 of N.J.A.C. 5:23-
6.11 of this subcode; (Building)
2. Carpet used for floor covering that fails to meet the DOC FF-1 "Pill Test" (Consumer Product Safety
Commission 16 CFR 1630); (Building)
3. Electrical materials/supplies: Unlisted or unapproved electrical products. As stated in the National
Electrical Code (sections 90.7, 110.2, 110.3, and article 100), only electrical products listed, labeled,
approved, and identified are acceptable. Approval is to be based on tests and listings of testing
laboratories such as Underwriters Laboratories, Inc. (UL), Factory Mutual (FM) or Canadian Standards
Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc.; and (Electrical)
4. Plumbing materials and supplies:
i. All purpose solvent cement;
Page 2 of 6
§ 5:23-6.5 Renovations
ii. Clear PB (polybutylene) piping;
iii. Flexible traps and tailpieces; and
iv. Solder having more than 0.2 percent lead shall not be used in the repair of potable water
systems. (Plumbing)
5. Bars, grilles and screens shall not be placed over emergency escape windows or doors in Groups R
or I-1 unless they are releasable or removable from the inside without the use of a key, tool or force
greater than that which is required for the normal operation of the window or door. (Building)
6. The following practices shall not be used on painted surfaces in all buildings of Group R that were
constructed before 1978, Group E and Group I-4 buildings used as child-care facilities unless the
painted surface has been tested and found to be free of lead-based paint:
i. Open flame burning or the use of high temperature (in excess of 1100 degrees Fahrenheit) heat
guns;
ii. Power sanding or sandblasting, unless a special HEPA (high efficiency particulate air) filter
equipped vacuum attachment is used to contain dust;
iii. Uncontained water blasting or power washing; or
iv. Dry scraping or sanding more than two square feet per room (interior) or 10 square feet or more
per building (exterior). (Building)
7. A mirror shall not be placed in or adjacent to any means of egress so as to confuse the direction of
egress or give the appearance of a doorway exit, or passageway. Draperies or similar hangings shall
not obscure an exit.
i. Exception: Within dwelling units of Groups R-2, R-3, R-4, and R-5. (Plan review - Building, Fire.
Inspection - Building)
(e) The following products and practices shall be required, when applicable:
1. When any water closet is replaced, the replacement water closet shall require not more than 1.6
gallons of water per flush as required by the plumbing subcode. (Plumbing)
2. In buildings required by Chapter 11 of the building subcode to be accessible, when bathrooms or
toilet rooms are renovated, the following requirements for providing accessibility shall apply unless the
requirements of Chapter 11 of the building subcode have been met:
i. When toilet partitions are moved or installed, but existing fixtures are not being moved, an
accessible stall complying with ICC A117.1, Section 604.9 shall be created provided that this can
be accomplished without moving fixtures. (Building)
ii. When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall
comply with ICC A117.1, Sections 603 through 608, as applicable, for nonresidential buildings or
ICC A117.1, Chapter 10, for residential buildings required by Chapter 11 of the building subcode to
be accessible. (Plumbing)
iii. Where full compliance is technically infeasible, compliance shall be achieved to the maximum
extent feasible. (Building)
3. Replacement doors shall comply with the following: (Building)
i. When replacement doors are installed in buildings required by Chapter 11 of the building
subcode to be accessible, replacement hardware shall comply with ICC A117.1, Section 404.2.6.
ii. Replacement dwelling unit, guest room or rooming unit corridor doors in Groups I-1, R-1 or R-2
shall be 1¾ inch solid core wood or approved equal with approved door closers and shall not have
any glass panels, other than approved wire glass in metal frames.
Page 3 of 6
§ 5:23-6.5 Renovations
(1) 1⅜ inch solid core replacement doors shall be accepted if the existing frame is not being
replaced and will accommodate only a 1⅜ inch door.
4. Replacement glass shall comply with the "Safety Glazing" requirements of the building subcode and
shall be installed in the "Hazardous Locations" as specified by Sections 2406.4 and 2406.5 of the
building subcode or by Section R308.4 of the one- and two-family dwelling subcode, as applicable.
(Building)
5. Where a fireproofing material is removed that is integral to the rating of an existing fire-rated
assembly, the material shall be replaced so that the rating is preserved. (Building)
6. Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence
of over fusing or tampering per Section 240.51(B) of the electrical subcode. (Electrical)
7. Any replacement to the electrical service equipment shall require that the grounding electrode
system be updated to the requirements of Article 250 Part III of the electrical subcode. (Electrical)
8. Non-"hospital grade" receptacles in patient bed locations of health care facilities, Group I-2, shall be
replaced with "hospital grade" receptacles. (Electrical)
9. When a new refrigerant is introduced, the requirements of the mechanical subcode applicable to
that refrigerant, if any, shall be met. This shall apply to the replacement of existing equipment with
equipment using a different refrigerant or the replacement of the refrigerant in existing equipment with a
different refrigerant. (Plumbing)
10. When the work being performed exposes wood framing of any wall, floor, ceiling, or roof,
fireblocking shall be provided as required by section 718.2 of the building subcode or section R302.11
of the one- and two-family dwelling subcode, as applicable. The fireblocking material shall comply with
section 718.2.1 of the building subcode or section R302.11.1 of the one- and two-family dwelling
subcode, as applicable.
11. When the work being performed creates or exposes the roof decking/sheathing or the framing of
any wall, floor, ceiling, or roof assembly that is part of the building thermal envelope (encloses
conditioned space), any accessible voids in insulation shall be filled using insulation meeting the R-
values of Table R402.1.3 (N1102.1.3) of the residential energy code for wood framing and of Table
R402.2.6 (N1102.2.6) of the residential energy code for metal framing equivalents or of Table 5.5-4 or
5.5-5 of the commercial energy code, as applicable.
i. In the event that insulation meeting the R-values above cannot be installed due to space
constraints, and the equivalency exceptions of Sections R402.2.1 and R402.2.2 (N1102.2.1 and
N1102.2.2) cannot be applied for residential buildings, insulation that fills the cavities of the framed
assembly shall be installed.
12. When fenestration (windows, skylights or doors) is newly installed or replaced, the U-factor
(thermal transmittance) shall not exceed the U-factor of Table R402.1.2 (N1102.1.2) of the residential
energy code or of Table 5.5-4 or 5.5-5 of the commercial energy code, as applicable.
i. Exception: In residential buildings, fenestration that meets Sections R402.3.3 (N1102.3.3) and
R402.3.4 (N1102.3.4), as applicable.
13. Ducts that are newly installed or replaced shall be installed with insulation meeting the R-values of
Section R403.3.1 (N1103.3.1) of the residential energy code or of Section 6.4.4.1.2 of the commercial
energy code, as applicable.
14. The total replacement of a building lighting system or a newly installed building lighting system
shall meet Section R404 (N1104) of the residential energy code or Section 9.1.2 of the commercial
energy code, as applicable. (A "lighting system" is defined by the commercial energy code as "a group
of luminaires circuited or controlled to perform a specific function.")
Page 4 of 6
§ 5:23-6.5 Renovations
i. Exception: The total replacement of a lighting system within a room, space or tenancy shall be
required to meet Section 9.1.2 for the room, space, or tenancy only.
15. Where work, other than ordinary maintenance or minor work, is being performed on an elevator,
the elevator shall be equipped to operate with a standardized fire service key. (Fire)
(f) In buildings of Groups R-3, R-4, and R-5 and in dwelling units of Group R-2, smoke alarms shall be
installed and maintained on each level of the structure, outside each separate sleeping area in the
immediate vicinity of the bedrooms, and located on or near the ceiling. Battery-operated units shall be
permitted, but shall not replace any AC-powered smoke alarms or a household fire alarm system. (Fire)
(g) In buildings containing a fuel burning appliance or having an attached garage, carbon monoxide
detection equipment shall be installed in accordance with Section 915 of the building subcode or Section
R315 of the one- and two-family dwelling subcode, as applicable. (Fire)
1. Exception: Battery-powered or plug-in devices shall be accepted for purposes of meeting the
requirements of this section.
(h) All materials and methods used shall comply with the requirements specified in N.J.A.C. 5:23-6.8,
Materials and methods.
1. Exception: Windows may be replaced with windows like those existing without meeting the size
requirements of the building subcode.
i. In sleeping rooms below the fourth story in occupancies of Groups R or I-1, where the size of
window openings is being changed, at least one window shall:
(1) Be operable;
(2) Have a sill height of not more than 44 inches;
(3) Have a width of at least 20 inches, a height of at least 24 inches and a minimum of total
area of 5.7 square feet measured from head to sill and from side to side.
(4) New window openings in sleeping rooms shall not be required to meet these requirements
in buildings where the sleeping room is provided with a door to a corridor having access to two
remote exits or in buildings equipped throughout with an automatic sprinkler system.
ii. Basement windows in buildings of Group R-2 shall comply with the requirements of N.J.A.C.
5:23-6.26(b)3 where the window serves as the second means of egress from the dwelling unit.
(Plan review - Building, Fire. Inspection - Building)
2. Newly installed and replacement handrails and guardrails shall comply with Sections 1011.11,
1012.8, 1014, and 1015 of the building subcode, respectively, or Sections R311.7.8, R311.8.3, and
R312.1 of the one- and two-family dwelling subcode, respectively, as applicable. Where 50 percent or
more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a
complete replacement and shall comply with the above referenced sections. The repair or replacement
of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or
guardrail. (Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted (d)5; in (e), changed N.J.A.C. reference in 1, deleted "In all use groups other than H," at the beginning of
3ii(1), and added 7; and rewrote (f).
Page 5 of 6
§ 5:23-6.5 Renovations
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c), rewrote 2; in (d), added 6; in (e)6, deleted "listed," preceding "like material", rewrote 6iii and substituted
"Section 250-140" for "Section 250-60" in 6v.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (d), added new 7; in (e) added new 8 and 9.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted (e)9; added a new (g); recodified former (g) as (h).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout and substituted "automatic sprinkler" for "fire
suppression" throughout; in (h)1ii, amended the N.J.A.C. reference.
Amended by R.2005 d.4, effective January 3, 2005.
See: 36 N.J.R. 4049(a), 37 N.J.R. 47(a).
Added (e)9.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (e)1, deleted the N.J.A.C. reference and added "by the plumbing subcode"; in (e)8, added "or section R602.8 of
the one- and two-family dwelling subcode, as applicable" and "or section R602.8.1 of the one- and two-family
dwelling subcode, as applicable".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (e)2i, (e)2ii and (e)3i, substituted "2003" for "1998" throughout; in (e)3i, substituted "404.2.6" for "404.2.7"; in
(e)4, substituted "2406.3" for "2406.2"; rewrote (e)8; added new (e)9 and (e)10; recodified former (e)9 as (e)11; in
(h)2, substituted "1009.10, 1010.8, 1012," for "1003.3.3.11, 1003.3.4.7" and "1013.1" for "1003.2.12".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)4, inserted "or by section R308.4 of the one- and two-family dwelling subcode, as applicable"; and in (f),
substituted "alarms" for "detectors".
Amended by R.2011 d.270, effective November 7, 2011.
Page 6 of 6
§ 5:23-6.5 Renovations
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (c)1, inserted "or Table R301.5 of the one- and two-family dwelling subcode, as
applicable,"; rewrote (c)2, (e)9, (e)10, (g), the introductory paragraph of (h) and (h)2; in (e)4, substituted "2406.4"
for "2406.3"; in (e)8, substituted "R302.11" for "R602.8", and "R302.11.1" for "R602.8.1", and deleted "or 717.2.1.1"
following "717.2.1"; added new (e)11 and (e)12; and recodified former (e)11 as (e)13.
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote (c)3 and (d) through (h).
Amended by R.2017 d.107, effective June 5, 2017.
See: 48 N.J.R. 1851(a), 49 N.J.R. 1381(b).
Rewrote (g).
Administrative correction.
See: 49 N.J.R. 3423(a).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In the introductory paragraph of (e)13, substituted "R404" for "404".
Amended by R.2022 d.022, effective February 7, 2022.
See: 53 N.J.R. 1133(a), 54 N.J.R. 263(a).
Added (e)7; and recodified former (e)7 through (e)14 as (e)8 through (e)15.
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Administrative correction, effective December 6, 2023.
See: 56 N.J.R. 35(c).
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
In (d)4iii, inserted the second occurrence of "and"; deleted former (d)4iv; and recodified former (d)4v as (d)4iv.
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.6
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.6 Alterations
(a) Alterations, as defined in N.J.A.C. 5:23-6.3, shall comply with the requirements of this section.
(b) All work shall be done in a workmanlike manner.
(c) The work shall not cause any diminution of existing structural strength, system capacity or mechanical
ventilation below that which exists at the time of application for a permit or that which is required by the
applicable subcodes of the Uniform Construction Code, whichever is lower. The replacement or addition of
fixtures, equipment or appliances shall not increase loads on these systems unless the system is upgraded
in accordance with the applicable subcode of the UCC to accommodate the increased load.
1. Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated
live load criteria of Table 1607.1 of the building subcode or Table R301.5 of the one- and two-family
dwelling subcode, as applicable, and shall not create deflection that exceeds the standards set forth
below. As used in this section, fixed loads shall mean uniform or concentrated loads and shall include,
but not be limited to, equipment, files, library stacks, or similar loading conditions. (Building)
i. For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or
less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.
ii. For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or
less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.
iii. For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.
2. Fire protection system removal: Any fire protection system providing partial or redundant protection
originally installed to protect a special hazard that no longer exists and that is not required in
accordance with the current Uniform Construction Code, is allowed to be removed with the written
approval of the fire subcode official and fire official. All disconnected equipment and devices, such as
pull stations, nozzles, detectors, sprinklers, sensors, panels and hose connections, shall be removed
so as not to give a false indication that the structure, area or space is protected. (Fire)
3. No work shall be undertaken that diminishes accessibility below that which is required by Chapter
11 of the building subcode. (Building)
4. Construction materials used as part of an alteration project shall be consistent with the existing
construction type or the allowable construction type, whichever is less restrictive. (Plan review -
Building, Fire. Inspection - Building)
(d) The following products and practices shall not be used:
1. Wood paneling being used as an interior finish not in conformance with Table 2 of N.J.A.C. 5:23-
6.11 of this subcode; (Building)
2. Carpet used for floor covering that fails to meet the DOC FF-1 "Pill Test" (Consumer Product Safety
Commission 16 CFR 1630); (Plan review - Building, Fire. Inspection - Building)
Page 2 of 9
§ 5:23-6.6 Alterations
3. Electrical materials/supplies: Unlisted or unapproved electrical products. As stated in the National
Electrical Code (sections 90.7, 110.2, 110.3, and article 100), only electrical products listed, labeled,
approved, and identified are acceptable. Approval is to be based on tests and listings of testing
laboratories such as Underwriters Laboratories, Inc. (UL), Factory Mutual (FM) or Canadian Standards
Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc.; and (Electrical)
4. Plumbing materials and supplies:
i. All purpose solvent cement;
ii. Clear PB (polybutylene) piping;
iii. Flexible traps and tailpieces; and
iv. Solder having more than 0.2 percent lead shall not be used in the repair of potable water
systems. (Plumbing)
5. Bars, grilles and screens shall not be placed over emergency escape windows or doors in Groups R
or I-1 unless they are releasable or removable from the inside without the use of a key, tool or force
greater than that which is required for the normal operation of the window or door. (Building)
6. The following practices shall not be used on painted surfaces in all buildings of Group R that were
constructed before 1978, Group E and Group I-4 buildings used as child-care facilities unless the
painted surface has been tested and found to be free of lead-based paint:
i. Open flame burning or the use of high temperature (in excess of 1100 degrees Fahrenheit) heat
guns;
ii. Power sanding or sandblasting, unless a special HEPA (high efficiency particulate air) filter
equipped vacuum attachment is used to contain dust;
iii. Uncontained water blasting or power washing; or
iv. Dry scraping or sanding more than two square feet per room (interior) or 10 square feet or more
per building (exterior). (Building)
7. A mirror shall not be placed in or adjacent to any means of egress so as to confuse the direction of
egress or give the appearance of a doorway, exit, or passageway. Draperies or similar hangings shall
not obscure an exit. (Plan review - Building, Fire. Inspection - Building)
i. Exception: Within dwelling units of Groups R-2, R-3, R-4 and R-5.
(e) The following products and practices shall be required, when applicable:
1. When any water closet is replaced, the replacement water closet shall require not more than 1.6
gallons of water per flush as required by the plumbing subcode. (Plumbing)
2. In buildings required by Chapter 11 of the building subcode to be accessible, when bathrooms or
toilet rooms are altered, the following requirements for providing accessibility shall apply unless the
requirements of Chapter 11 of the building subcode have been met:
i. When toilet partitions are moved or installed, but existing fixtures are not being moved, an
accessible stall complying with ICC A117.1, Section 604.9, shall be created provided that this can
be accomplished without moving fixtures. (Building)
ii. When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall
comply with ICC A117.1, Sections 603 through 608, as applicable, for nonresidential buildings or
ICC A117.1, Chapter 11, for residential buildings required by Chapter 11 of the building subcode to
be accessible. (Plumbing)
iii. Where full compliance is technically infeasible, a single fixture unisex accessible bathroom shall
be permitted. This may be accomplished by providing two unisex bathrooms, one of which is
accessible. (Building)
Page 3 of 9
§ 5:23-6.6 Alterations
iv. Where it is technically infeasible to gain compliance with the altered bathroom, signage to the
closest accessible bathroom (if any) shall be provided at the altered bathroom. (Building)
3. In buildings required by Chapter 11 of the building subcode to be accessible, when space is
reconfigured, the altered space shall comply with Chapter 11 of the building subcode. Where full
compliance is technically infeasible, compliance shall be achieved to the maximum extent feasible.
(Building)
4. Replacement doors shall comply with the following: (Building)
i. In buildings required by Chapter 11 of the building subcode to be accessible, when new door
openings are created, existing door openings are enlarged or door assemblies are replaced and
the required door width can be achieved within the existing opening, the new door shall comply with
ICC A117.1, Section 404.
(1) If the door being added, enlarged, or replaced is a building entrance and at least 60
percent of the entrance doors are accessible, then the door being added, enlarged, or replaced
is not required to comply with ICC A117.1, Section 404.
ii. Replacement dwelling unit, guest room or rooming unit corridor doors in Groups I-1, R-1 or R-2
shall be 1¾ inch solid core wood or approved equal with approved door closers and shall not have
any glass panels, other than approved wire glass in metal frames.
(1) 1⅜ inch solid core replacement doors shall be accepted if the existing frame is not being
replaced and will accommodate only a 1⅜ inch door.
5. In buildings required by Chapter 11 of the building subcode to be accessible, when entrance steps
are being replaced, an accessible entrance shall be provided if this does not add more than 20 percent
to the cost of replacing the steps. (Building)
i. If at least 60 percent of the other building entrances are accessible, then the installation of a
ramp shall not be required.
6. When providing vertical access is part of the scope of work, a limited use limited application elevator
or platform lift may be installed as permitted by Chapter 11 of the building subcode. (Building)
7. Replacement glass shall comply with the "Safety Glazing" requirements of the building subcode and
shall be installed in the "Hazardous Locations" as specified by Sections 2406.4 and 2406.5 of the
building subcode or by Section R308.4 of the one- and two-family dwelling subcode, as applicable.
(Building)
8. Where a fireproofing material is removed that is integral to the rating of an existing fire-rated
assembly, the material shall be replaced so that the rating is preserved. (Building)
9. Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence
of over fusing or tampering per Section 240.51(B) of the electrical subcode. (Electrical)
10. Any replacement to the electrical service equipment shall require that the grounding electrode
system be updated to the requirements of Article 250 Part III of the electrical subcode. (Electrical)
11. Non-"hospital grade" receptacles in patient bed locations of health care facilities, Group I-2, shall
be replaced with "hospital grade" receptacles. (Electrical)
12. In buildings of Group R or I-1, when the work being performed creates a bedroom, the following
shall be provided:
i. A hard-wired smoke alarm shall be installed within each new bedroom and a second, hard-wired
smoke alarm shall be installed within the immediate vicinity of the bedroom in accordance with
NFPA 72. (Fire)
ii. A bedroom window or exterior door that meets the requirements at N.J.A.C. 5:23-6.9(b)16 shall
be provided when the bedroom created is below the fourth floor. (Building)
Page 4 of 9
§ 5:23-6.6 Alterations
(1) This requirement shall not apply in buildings where the sleeping room is provided with a
door to a corridor having access to two remote exits or in buildings equipped throughout with
an automatic sprinkler system.
13. In buildings of Use Groups R-3, R-4, and R-5:
i. When the work being performed creates living space over a private garage, the private garage
shall comply with Section 406.3.2 of the building subcode or R302.6 of the one- and two-family
dwelling subcode, as applicable, for fire resistance rating.
ii. When the work being performed creates an additional dwelling unit within the building, the new
dwelling unit shall be separated from the existing dwelling unit(s) with fire partitions or horizontal
assemblies having a fire resistance rating of not less than one hour constructed in accordance with
Sections 708 and 711 of the building subcode or R302 of the one- and two-family dwelling
subcode, as applicable.
iii. When finished space is created in previously unfinished space, receptacle and lighting outlets
shall comply with Section 210.52 and 210.70, respectively, of the electrical subcode.
14. In buildings of Group R-1, in at least one sleeping room or suite of every 25 or fewer that are part
of the scope of work, the work being performed shall comply with the applicable provisions of ICC
A117.1, unless the facility already provides the number of accessible sleeping rooms required by
Chapter 11 of the building subcode. In addition, at least one sleeping room or suite of every 25 or fewer
that are part of the scope of work shall be equipped with a visual alarm and notification device for the
hearing impaired unless the facility already provides the number required by Chapter 11 of the building
subcode. (Building)
15. In buildings of Groups R-1 and R-2:
i. When habitable space is created in previously unoccupied space, the minimum clear ceiling
height shall be seven feet. For rooms with a sloped ceiling, the minimum clear ceiling height shall
be seven feet for at least 35 square feet of the floor area of the room. Any portion of the room
measuring less than five feet from the finished floor to the finished ceiling shall not be considered
usable floor area. (Plan review - Building, Fire. Inspection - Building)
ii. Group R-2 only: When finished space is created in previously unfinished space, receptacle and
lighting outlets shall comply with Section 210.52 and 210.70, respectively, of the electrical subcode.
16. When a new refrigerant is introduced, the requirements of the mechanical subcode applicable to
that refrigerant, if any, shall be met. This shall apply to the installation of new equipment, the
replacement of existing equipment with equipment using a different refrigerant, or the replacement of
the refrigerant in existing equipment with a different refrigerant. (Plumbing)
17. When the work being performed creates or exposes wood framing of any wall, floor, ceiling, or roof,
fireblocking shall be provided as required by section 718.2 of the building subcode or section R302.11
of the one- and two-family dwelling subcode, as applicable. The fireblocking material shall comply with
section 718.2.1 of the building subcode or section R302.11.1 of the one- and two-family dwelling
subcode, as applicable.
18. When the work being performed creates or exposes the roof decking/sheathing or the framing of
any wall, floor, ceiling, or roof assembly that is part of the building thermal envelope (encloses
conditioned space), any accessible voids in insulation shall be filled using insulation meeting the R-
values of Table R402.1.3 (N1102.1.3) of the residential energy code for wood framing and of Table
R402.2.6 (N1102.2.6) of the residential energy code for metal framing equivalents or of Table 5.5-4 or
5.5-5 of the commercial energy code, as applicable.
i. In the event that insulation meeting the R-values above cannot be installed due to space
constraints, and the equivalency exceptions of Sections R402.2.1 and R402.2.2 (N1102.2.1 and
Page 5 of 9
§ 5:23-6.6 Alterations
N1102.2.2) cannot be applied for residential buildings, insulation that fills the cavities of the framed
assembly shall be installed.
19. When fenestration (windows, skylights, or doors) is newly installed or replaced, the U-factor
(thermal transmittance) shall not exceed the U-factor of Table R402.1.2 (N1102.1.2) of the residential
energy code or of Table 5.5-4 or 5.5-5 of the commercial energy code, as applicable.
i. Exception: In residential buildings, fenestration that meets Sections R402.3.3 (N1102.3.3) and
R402.3.4 (N1102.3.4), as applicable.
20. Ducts that are newly installed or replaced shall be installed with insulation meeting the R-values of
Section R403.3.1 (N1103.3.1) of the residential energy code or of Section 6.4.4.1.2 of the commercial
energy code, as applicable.
21. The total replacement of a building lighting system or a newly installed building lighting system
shall meet Section R404 (N1104) of the residential energy code or Section 9.1.2 of the commercial
energy code, as applicable. (A "lighting system" is defined by the commercial energy code as "a group
of luminaires circuited or controlled to perform a specific function.")
i. Exception: The total replacement of a lighting system within a room, space or tenancy shall be
required to meet Section 9.1.2 for the room, space, or tenancy only.
22. When the work being performed results in an indoor or outdoor gas meter, related regulator or
piping becoming subject to vehicle impact, which work includes, but is not limited to, new installation,
relocation or other construction, the gas meter, related regulator or piping shall be protected by barriers
meeting the requirements of Section 312 of the International Fire Code. For the purpose of applying
this provision, "subject to vehicle impact" shall mean located within three feet of any garage door
opening, driveway or designated parking area and not separated by a building wall from the space
where a vehicle may be operated. (Plumbing)
i. Exception: If verification of the installation of an excess flow valve is provided by the gas utility,
vehicle impact barriers shall not be required.
23. Where work, other than ordinary maintenance or minor work, is being performed on an elevator,
the elevator shall be equipped to operate with a standardized fire service key. (Fire)
24. The work shall not cause an exit enclosure to be used for any purpose other than means of egress,
except those penetrations permitted by Section 1023.5 of the building subcode.
25. Existing openings that become part of an exit or exit access and newly created openings to be
used as an exit or exit access shall meet Section 1008.3 and Section 1013 of the building subcode
when more than one exit or exit access is required. This shall apply only to the portion of the building
served by the new exit or exit access.
(f) In buildings of Groups R-3, R-4, and R-5 and in dwelling units of Group R-2, smoke alarms shall be
installed and maintained on each level of the structure, outside each separate sleeping area in the
immediate vicinity of the bedrooms, and located on or near the ceiling. Battery-operated units shall be
permitted, but shall not replace any AC-powered smoke alarms or a household fire alarm system. (Fire)
(g) In buildings containing a fuel burning appliance or having an attached garage, carbon monoxide
detection equipment shall be installed in accordance with Section 915 of the building subcode or Section
R315 of the one- and two-family dwelling subcode, as applicable. (Fire)
1. Exception: Battery-powered or plug-in devices shall be accepted for purposes of meeting the
requirements of this section.
(h) The work shall not make the building less conforming with the basic requirements of this subchapter
than it was when the alteration was undertaken.
1. Where the building currently exceeds the basic requirements, the extent to which it exceeds shall
not be reduced unless the building also exceeds the requirements of the corresponding subcode of the
Page 6 of 9
§ 5:23-6.6 Alterations
UCC. In this case, the extent of compliance with the basic requirements may be reduced, but not below
the requirements of the corresponding subcode of the UCC.
2. Where the scope of work consists of an item for which requirements are established in the basic
requirements of this subcode, the work shall comply with the basic requirements.
(i) All materials and methods used shall comply with the requirements specified in N.J.A.C. 5:23-6.8,
Materials and methods.
1. Exception: Windows may be replaced with windows like those existing without meeting the size
requirements of the building subcode.
i. In sleeping rooms below the fourth story in occupancies of Groups R or I-1, where new window
openings are being created or the size of window openings is being changed, at least one window
shall:
(1) Be operable;
(2) Have a sill height of not more than 44 inches;
(3) Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area
of 5.7 square feet measured from head to sill and from side to side.
(4) New window openings in sleeping rooms shall not be required to meet these requirements
in buildings where the sleeping room is provided with a door to a corridor having access to two
remote exits or in buildings equipped throughout with an automatic sprinkler system.
ii. Basement windows in buildings of Group R-2 shall comply with the requirements of N.J.A.C.
5:23-6.26(b)3 where the window serves as the second means of egress from the dwelling unit
(Plan review - Building, Fire. Inspection - Building).
2. Newly installed and replacement handrails and guardrails shall comply with Sections 1011.11,
1012.8, 1014, and 1015 of the building subcode, respectively, or Sections R311.7.8, R311.8.3, and
R312.1 of the one- and two-family dwelling subcode, respectively, as applicable. Where 50 percent or
more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a
complete replacement and shall comply with the above referenced sections. The repair or replacement
of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or
guardrail. (Building)
(j) All new building elements, as listed in N.J.A.C. 5:23-6.9, shall comply with the requirements of that
section.
(k) In a building required by Chapter 11 of the building subcode to be accessible, where the space altered
is a primary function space, an accessible path of travel to the altered space shall be provided up to the
point at which the cost of providing accessibility is disproportionate to the cost of the overall alteration
project; a cost is disproportionate if it exceeds 20 percent of the cost of the alteration work. (Building)
1. The accessible path of travel shall include, but not be limited to, an accessible parking space, an
accessible exterior route, an accessible building entrance, an accessible interior route to the altered
area, accessible restrooms, accessible drinking fountains, and accessible telephones serving the
altered primary function space. Priority shall be given to providing an accessible entrance or accessible
restrooms where possible.
2. In determining disproportionate cost, the following materials may be deducted from the overall cost
of the project:
i. Windows, hardware, operating controls, electrical outlets and signage;
ii. Mechanical systems, electrical systems, installations or alterations of fire protection systems or
abatement of hazardous materials; or
iii. The repair or installation of roofing, siding, or other exterior wall facade.
Page 7 of 9
§ 5:23-6.6 Alterations
3. Where the work consists solely of the alteration of materials or systems listed in (k)2 above, the path
of travel requirements shall not apply.
4. Where the alteration work is for the primary purpose of increasing the accessibility of the building or
tenancy, the requirement to further improve the path of travel shall not apply.
5. Where it is technically infeasible to comply with the technical standards in Chapter 11 of the building
subcode, the work must comply to the maximum extent feasible.
(l) When work is performed in a Class 1 structure or when work is performed on a smoke control system, a
list of all materials and work requiring special inspections, and a list of agencies, qualified licensed
professionals or firms intended to be retained for conducting those inspections in accordance with the
requirements of the building subcode shall be submitted as part of the permit application. (Building, except
smoke control systems - Fire)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted (d)5; in (e), changed N.J.A.C. reference in 1, inserted a second sentence in 2iii(2), deleted "In all use
groups other than H," at the beginning of 3ii(1), rewrote 9, inserted a new 10, recodified former 10 and 11 as 11 and
12, and added 13; and rewrote (f).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c), rewrote 2 and added 4; in (d), added 6; in (e), rewrote 8iii and substituted "Section 250-140" for "Section
250-60" in 8v; in (j)3, amended internal reference.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (d), added new 7; in (e) added new 14 and 15.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted (e)15; added a new (g); recodified former (g) through (j) as (h) through (k).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Administrative correction.
See: 35 N.J.R. 4861(a).
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Page 8 of 9
§ 5:23-6.6 Alterations
Deleted references to use preceding references to group throughout and substituted references to automatic
sprinkler for references to fire suppression throughout; rewrote (e)10; added (h)2; in (i)1ii, amended the N.J.A.C.
reference.
Amended by R.2004 d.468, effective December 20, 2004.
See: 36 N.J.R. 1858(b), 36 N.J.R. 5711(a).
In (e), added 15.
Amended by R.2005 d.4, effective January 3, 2005.
See: 36 N.J.R. 4049(a), 37 N.J.R. 47(a).
Added (e)16.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (e)1, deleted the N.J.A.C. reference and added "by the plumbing subcode"; added (e)10iii and (e)12ii; in (e)14,
added "or section R602.8 of the one- and two-family dwelling subcode, as applicable" and "or section R602.8.1 of
the one- and two-family dwelling subcode, as applicable".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Rewrote (e); and in (i)2, substituted "1009.10, 1010.8, 1012," for "1003.3.3.11, 1003.3.4.7" and "1013.1" for
"1003.2.12".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)6, inserted "or by section R308.4 of the one- and two-family dwelling subcode, as applicable"; in (e)9i,
substituted "alarm" for "detector" twice; in (e)14 and in the introductory paragraph of (e)15, inserted "creates or"; in
(e)16, inserted "newly installed or"; added (e)19; and in (f), substituted "alarms" for "detectors".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (c)1, inserted "or Table R301.5 of the one- and two-family dwelling subcode, as
applicable,"; rewrote (c)2, (e)14, (e)15, (e)16, (g) and (i)2; in (e)6, substituted "2406.4" for "2406.3"; in (e)10i,
substituted "R302.6" for "R309.2"; in (e)10ii, substituted "709 and 712" for "708 and 711" and "R302" for "R317.1";
in (e)14, substituted "R302.11" for "R602.8", and "R302.11.1" for "R602.8.1", and deleted "or 717.2.1.1" following
"717.2.1"; added new (e)17, (e)18 and (l); recodified former (e)17 through (e)19 as (e)19 through (e)21; and in
(e)21, substituted "1022.4" for "1020.1.2".
Amended by R.2013 d.081, effective June 3, 2013.
See: 44 N.J.R. 1303(a), 45 N.J.R. 1393(a).
Added new (e)2iii and (e)2iv; recodified former (e)2iii as (e)3; rewrote (e)3; and recodified former (e)3 through
(e)21 as (e)4 through (e)22.
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote the section.
Page 9 of 9
§ 5:23-6.6 Alterations
Amended by R.2017 d.107, effective June 5, 2017.
See: 48 N.J.R. 1851(a), 49 N.J.R. 1381(b).
Rewrote (g).
Administrative correction.
See: 49 N.J.R. 3423(a).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (e)12i, substituted "406.3.2" for "406.3.4"; and in the introductory paragraph of (e)20, substituted "R404" for
"404".
Amended by R.2022 d.022, effective February 7, 2022.
See: 53 N.J.R. 1133(a), 54 N.J.R. 263(a).
Added (e)10; and recodified former (e)10 through (e)24 as (e)11 through (e)25.
Amended by R.2022 d.158, effective December 19, 2022.
See: 54 N.J.R. 476(a), 54 N.J.R. 2371(c).
In (e)12ii, substituted "at" for "of", and updated the N.J.A.C. reference.
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
In (e)4i(1), inserted a comma following "enlarged" twice; and in (e)4i(1) and (e)5i, substituted "60" for "50".
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Administrative correction, effective December 6, 2023.
See: 56 N.J.R. 35(c).
Administrative correction, effective July 23, 2024.
See: 56 N.J.R. 1708(a).
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
Deleted former (d)4iv; and recodified former (d)4v as (d)4iv.
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.7
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.7 Reconstruction
(a) Reconstruction, as defined in N.J.A.C. 5:23-6.3, shall comply with the requirements of this section.
1. If a project is less than the entire use, primary function space or tenancy by a de minimis amount,
the construction official may designate the project a reconstruction project and require that the
requirements of this section be met.
2. If work performed or to be performed in phases is so extensive that the project would require a new
certificate of occupancy if the work were performed at one time, the construction official may designate
the project a reconstruction project and require that the requirements of this section be met.
(b) All work shall be done in a workmanlike manner.
(c) The work shall not cause any diminution of existing structural strength, system capacity or mechanical
ventilation below that which exists at the time of application for a permit or that which is required by the
applicable subcodes of the Uniform Construction Code, whichever is lower. The replacement or addition of
fixtures, equipment or appliances shall not increase loads on these systems unless the system is upgraded
in accordance with the applicable subcode of the UCC to accommodate the increased load.
1. Newly introduced fixed loads shall not exceed the uniformly distributed live loads or concentrated
live load criteria of Table 1607.1 of the building subcode or Table R301.5 of the one- and two-family
dwelling subcode, as applicable, and shall not create deflection that exceeds the standards set forth
below. As used in this section, fixed loads shall mean uniform or concentrated loads and shall include,
but not be limited to, equipment, files, library stacks, or similar loading conditions. (Building)
i. For wood frame construction, deflection shall not exceed L/180 for roofs with a slope of 3 in 12 or
less or L/120 for roofs with a slope of greater than 3 in 12 and for floors.
ii. For steel frame construction, deflection shall not exceed L/240 for roofs with a slope of 3 in 12 or
less or L/180 for roofs with a slope of greater than 3 in 12 and for floors.
iii. For concrete construction, deflection shall not exceed L/180 for roofs or L/240 for floors.
2. Fire protection system removal: Any fire protection system providing partial or redundant protection
originally installed to protect a special hazard that no longer exists and that is not required in
accordance with the current Uniform Construction Code, is allowed to be removed with the written
approval of the fire subcode official and fire official. All disconnected equipment and devices, such as
pull stations, nozzles, detectors, sprinklers, sensors, panels and hose connections, shall be removed
so as not to give a false indication that the structure, area or space is protected. (Fire)
3. No work shall be undertaken that diminishes accessibility below that which is required by Chapter
11 of the building subcode. (Building)
4. Construction materials used as part of a reconstruction project shall be consistent with the existing
construction type or the allowable construction type, whichever is less restrictive. (Plan review -
Building, Fire. Inspection - Building)
Page 2 of 9
§ 5:23-6.7 Reconstruction
(d) The following products and practices shall not be used:
1. Carpet used for floor covering that fails to meet the DOC FF-1 "Pill Test" (Consumer Product Safety
Commission 16 CFR 1630); (Plan review - Building, Fire. Inspection - Building)
2. Electrical materials/supplies: Unlisted or unapproved electrical products. As stated in the National
Electric Code (sections 90.7, 110.2, 110.3, and article 100), only electrical products listed, labeled,
approved, and identified are acceptable. Approval is to be based on tests and listings of testing
laboratories such as Underwriters Laboratories Inc. (UL), Factory Mutual (FM) or Canadian Standards
Association/Nationally Recognized Testing Laboratory (CSA/NRTL), etc.; (Electrical)
3. Plumbing materials and supplies:
i. All purpose solvent cement;
ii. Clear PB (polybutylene) piping;
iii. Flexible traps and tailpieces; and
iv. Solder having more than 0.2 percent lead shall not be used in the repair of potable water
systems (Plumbing); and
4. Bars, grilles and screens shall not be placed over emergency escape windows or doors in Groups R
or I-1 unless they are releasable or removable from the inside without the use of a key, tool or force
greater than that which is required for the normal operation of the window or door. (Building)
5. The following practices shall not be used on painted surfaces in all buildings of Group R that were
constructed before 1978, Group E and Group I-4 buildings used as child-care facilities unless the
painted surface has been tested and found to be free of lead-based paint:
i. Open flame burning or the use of high temperature (in excess of 1100 degrees Fahrenheit) heat
guns;
ii. Power sanding or sandblasting, unless a special HEPA (high efficiency particulate air) filter
equipped vacuum attachment is used to contain dust;
iii. Uncontained water blasting or power washing; or
iv. Dry scraping or sanding more than two square feet per room (interior) or 10 square feet or more
per building (exterior). (Building)
6. A mirror shall not be placed in or adjacent to any means of egress so as to confuse the direction of
egress or give the appearance of a doorway, exit, or passageway. Draperies or similar hangings shall
not obscure an exit. (Plan review - Building, Fire. Inspection - Building)
i. Exception: Within dwelling units of Groups R-2, R-3, R-4 and R-5.
(e) The following products and practices shall be required, when applicable:
1. When any water closet is replaced, the replacement water closet shall require not more than 1.6
gallons of water per flush as required by the plumbing subcode. (Plumbing)
2. In buildings required by Chapter 11 of the building subcode to be accessible, when bathrooms or
toilet rooms are altered, the following requirements for providing accessibility shall apply unless the
requirements of Chapter 11 of the building subcode have been met:
i. When toilet partitions are moved or installed, but existing fixtures are not being moved, an
accessible stall complying with ICC A117.1, Section 604.9, shall be created provided that this can
be accomplished without moving fixtures. (Building)
ii. When bathroom fixtures or hardware are replaced, the replacement fixtures or hardware shall
comply with ICC A117.1, Sections 603 through 608, as applicable, for nonresidential buildings or
ICC A117.1, Chapter 11, for residential buildings required by Chapter 11 of the building subcode to
be accessible. (Plumbing)
Page 3 of 9
§ 5:23-6.7 Reconstruction
iii. Where full compliance is technically infeasible, a single fixture unisex accessible bathroom shall
be permitted. This may be accomplished by providing two unisex bathrooms, one of which is
accessible. (Building)
iv. Where it is technically infeasible to gain compliance with the altered bathroom, signage to the
closest accessible bathroom (if any) shall be provided at the altered bathroom. (Building)
3. In buildings required by Chapter 11 of the building subcode to be accessible, when space is
reconfigured, the reconstructed space shall comply with Chapter 11 of the building subcode.
i. Where full compliance is technically infeasible, compliance shall be achieved to the maximum
extent feasible. (Building)
4. Replacement or new doors shall comply with the following: (Building)
i. In buildings required by Chapter 11 of the building subcode to be accessible, when new door
openings are created, existing door openings are enlarged or door assemblies are replaced and
the required door width can be achieved within the existing opening, the new door shall comply with
ICC A117.1, Section 404.
(1) If the door being added, enlarged, or replaced is a building entrance and at least 60
percent of the entrance doors are accessible, then the door being added, enlarged, or replaced
is not required to comply with ICC A117.1, Section 404.
ii. Replacement dwelling unit, guest room or rooming unit corridor doors in Groups I-1, R-1 or R-2
shall be 1¾ inch solid core wood or approved equal with approved door closers and shall not have
any glass panels, other than approved wire glass in metal frames.
(1) 1⅜ inch solid core replacement doors shall be accepted if the existing frame is not being
replaced and will accommodate only a 1⅜ inch door.
5. In buildings required by Chapter 11 of the building subcode to be accessible, when entrance steps
are being replaced, a ramp shall be installed, provided that the installation of a ramp does not add more
than 20 percent to the cost of replacing the steps. (Building)
i. If at least 60 percent of the other building entrances are accessible, then the installation of a
ramp shall not be required.
6. When providing vertical access is part of the scope of work, a limited use limited application elevator
or platform lift may be installed as permitted Chapter 11 of the building subcode. (Building)
7. Replacement glass shall comply with the "Safety Glazing" requirements of the building subcode and
shall be installed in the "Hazardous Locations" as specified by Sections 2406.4 and 2406.5 of the
building subcode or by Section R308.4 of the one- and two-family dwelling subcode, as applicable.
(Building)
8. Where a fireproofing material is removed that is integral to the rating of an existing fire-rated
assembly, the material shall be replaced so that the rating is preserved. (Building)
9. Plug fuses of the Edison-base type shall be used only for replacements where there is no evidence
of over fusing or tampering per Section 240.51(B) of the electrical subcode. (Electrical)
10. Any replacement to the electrical service equipment shall require that the grounding electrode
system be updated to the requirements of Article 250 Part III of the electrical subcode. (Electrical)
11. Non-"hospital grade" receptacles in patient bed locations of health care facilities, Group I-2, shall
be replaced with "hospital grade" receptacles. (Electrical)
12. In buildings of Groups R-1 and R-2, when habitable space is created in previously unoccupied
space, the minimum clear ceiling height shall be seven feet. For rooms with a sloped ceiling, the
minimum clear ceiling height shall be seven feet for at least 35 square feet of the floor area of the room.
Page 4 of 9
§ 5:23-6.7 Reconstruction
Any portion of the room measuring less than five feet from the finished floor to the finished ceiling shall
not be considered usable floor area. (Building)
13. When a new refrigerant is introduced, the requirements of the mechanical subcode applicable to
that refrigerant, if any, shall be met. This shall apply to the installation of new equipment, the
replacement of existing equipment with equipment using a different refrigerant, or the replacement of
the refrigerant in existing equipment with a different refrigerant. (Plumbing)
14. When the work being performed creates or exposes wood framing of any wall, floor, ceiling, or roof,
fireblocking shall be provided as required by Section 718.2 of the building subcode or Section R302.11
of the one- and two-family dwelling subcode, as applicable. The fireblocking material shall comply with
Section 718.2.1 of the building subcode or Section R302.11.1 of the one- and two-family dwelling
subcode, as applicable.
15. When the work being performed creates or exposes the roof decking/sheathing or the framing of
any wall, floor, ceiling, or roof assembly that is part of the building thermal envelope (encloses
conditioned space), any accessible voids in insulation shall be filled using insulation meeting the R-
values of Table R402.1.3 (N1102.1.3) of the residential energy code for wood framing and of Table
R402.2.6 (N1102.2.6) of the residential energy code for metal framing equivalents or of Table 5.5-4 or
5.5-5 of the commercial energy code, as applicable.
i. In the event that insulation meeting the R-values above cannot be installed due to space
constraints, and the equivalency exceptions of Sections R402.2.1 and R402.2.2 (N1102.2.1 and
N1102.2.2) cannot be applied for residential buildings, insulation that fills the cavities of the framed
assembly shall be installed.
16. When fenestration (windows, skylights, or doors) is newly installed or replaced, the U-factor
(thermal transmittance) shall not exceed the U-factor of Table R402.1.2 (N1102.1.2) of the residential
energy code or of Table 5.5-4 or 5.5-5 of the commercial energy code, as applicable.
i. Exception: In residential buildings, fenestration that meets Sections R402.3.3 (N1102.3.3) and
R402.3.4 (N1102.3.4), as applicable.
17. Ducts that are newly installed or replaced shall be installed with insulation meeting the R-values of
Section R403.3.1 (N1103.3.1) of the residential energy code or of Section 6.4.4.1.2 of the commercial
energy code, as applicable.
18. The total replacement of a building lighting system or a newly installed building lighting system
shall meet Section R404 (N1104) of the residential energy code or Section 9.1.2 of the commercial
energy code, as applicable. (A "lighting system" is defined by the commercial energy code as "a group
of luminaires circuited or controlled to perform a specific function.")
i. Exception: The total replacement of a lighting system within a room, space or tenancy shall be
required to meet Section 9.1.2 for the room, space or tenancy only.
19. When the work being performed results in an indoor or outdoor gas meter, related regulator or
piping becoming subject to vehicle impact, which work includes, but is not limited to, new installation,
relocation or other construction, the gas meter, related regulator or piping shall be protected by barriers
meeting the requirements of Section 312 of the International Fire Code. For the purpose of applying
this provision, "subject to vehicle impact" shall mean located within three feet of any garage door
opening, driveway or designated parking area and not separated by a building wall from the space
where a vehicle may be operated. (Plumbing)
i. Exception: If verification of the installation of an excess flow valve is provided by the gas utility,
vehicle impact barriers shall not be required.
20. Where work, other than ordinary maintenance or minor work, is being performed on an elevator,
the elevator shall be equipped to operate with a standardized fire service key. (Fire)
Page 5 of 9
§ 5:23-6.7 Reconstruction
21. The work shall not cause an exit enclosure to be used for any purpose other than means of egress,
except those penetrations permitted by Section 1023.5 of the building subcode.
22. Existing openings that become part of an exit or exit access and newly created openings to be
used as an exit or exit access shall meet Section 1008.3 and Section 1013 of the building subcode
when more than one exit or exit access is required. This shall apply only to the portion of the building
served by the new exit or exit access.
(f) In buildings containing a fuel burning appliance or having an attached garage, carbon monoxide
detection equipment shall be installed in accordance with Section 915 of the building subcode or Section
R315 of the one- and two-family dwelling subcode, as applicable. (Fire)
1. Exception: Battery-powered or plug-in devices shall be accepted for purposes of meeting the
requirements of this section.
(g) All materials and methods used shall comply with the requirements specified in N.J.A.C. 5:23-6.8,
Materials and methods.
1. For repair work undertaken as part of a reconstruction project, materials like those existing may be
used. There is no limit to the amount of repair work which may be undertaken.
2. Exception: Windows may be replaced with windows like those existing without meeting the size
requirements of the building subcode.
i. In sleeping rooms below the fourth story in occupancies of Groups R or I-1, where new window
openings are being created or the size of window openings is being changed, at least one window
shall:
(1) Be operable;
(2) Have a sill height of not more than 44 inches;
(3) Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area
of 5.7 square feet measured from head to sill and from side to side.
(4) New window openings in sleeping rooms shall not be required to meet these requirements
in buildings where the sleeping room is provided with a door to a corridor having access to two
remote exits or in buildings equipped throughout with an automatic sprinkler system.
ii. Basement windows in buildings of Group R-2 shall comply with the requirements of N.J.A.C.
5:23-6.26(b)3 where the window serves as the second means of egress from the dwelling unit.
(Plan review - Building, Fire. Inspection - Building)
3. Newly installed and replacement handrails and guardrails shall comply with Sections 1011.11,
1012.8, 1014, and 1015 of the building subcode, respectively, or Sections R311.7.8, R311.8.3, and
R312.1 of the one- and two-family dwelling subcode, respectively, as applicable. Where 50 percent or
more of a handrail or guardrail on a flight or on a level is replaced, then this shall be considered a
complete replacement and shall comply with the above referenced sections. The repair or replacement
of less than 50 percent of a handrail or guardrail shall be permitted to match the existing handrail or
guardrail. (Building)
(h) All new building elements, as listed in N.J.A.C. 5:23-6.9, shall comply with the requirements of that
section.
(i) The basic requirements of this subchapter for the applicable group shall be met within the work area(s).
Attendant work outside the work area(s) shall not make the building less conforming with the basic
requirements than it was when the reconstruction was undertaken.
1. Where the building currently exceeds the basic requirements, the extent to which it exceeds shall
not be reduced unless the building also exceeds the requirements of the corresponding subcode of the
UCC. In this case, the extent of compliance with the basic requirements may be reduced, but not below
the requirements of the corresponding subcode of the UCC. Existing fire alarm, automatic sprinkler and
Page 6 of 9
§ 5:23-6.7 Reconstruction
standpipe systems shall not be removed without replacement and shall be maintained in operating
condition.
(j) The supplemental requirements of this subchapter for the applicable group shall be met wherever the
extent of the work is such that the trigger accompanying each requirement is met or exceeded.
(k) In a building required by Chapter 11 of the building subcode to be accessible, where the space
reconstructed is a primary function space, an accessible path of travel to the space shall be provided up to
the point at which the cost of providing accessibility is disproportionate to the cost of the overall project; a
cost is disproportionate if it exceeds 20 percent of the cost of the work. (Building)
1. The accessible path of travel shall include, but not be limited to, an accessible parking space, an
accessible exterior route, an accessible building entrance, an accessible interior route to the
reconstructed area, accessible restrooms, accessible drinking fountains, and accessible telephones
serving the reconstructed primary function space. Priority shall be given to providing an accessible
entrance or accessible restrooms where possible.
2. In determining disproportionate cost, the following materials may be deducted from the overall cost
of the project:
i. Windows, hardware, operating controls, electrical outlets and signage;
ii. Mechanical systems, electrical systems, installations or alterations of fire protection systems or
abatement of hazardous materials; or
iii. The repair or installation of roofing, siding, or other exterior wall facade.
3. Where the work consists solely of the reconstruction of materials or systems listed in (k)2 above, the
path of travel requirements shall not apply.
4. Where the work is for the primary purpose of increasing the accessibility of the building or tenancy,
the requirement to further improve the path of travel shall not apply.
5. Where it is technically infeasible to comply with the technical standards of ICC A117.1, the work
must comply to the maximum extent feasible.
(l) When work is performed in a Class 1 structure or when work is performed on a smoke control system, a
list of all materials and work requiring special inspections, and a list of agencies, qualified licensed
professionals or firms intended to be retained for conducting those inspections in accordance with the
requirements of the building subcode shall be submitted as part of the permit application. (Building, except
smoke control systems - Fire)
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c), rewrote 2 and added 4; in (d), added 5; in (e), amended the N.J.A.C. reference in 5, rewrote 8iii, and
substituted "Section 250-140" for "Section 250-60" in 8v.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (d), added new 6; in (e), added new 11.
Amended by R.2003 d.137, effective April 7, 2003.
Page 7 of 9
§ 5:23-6.7 Reconstruction
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted (e)11; added a new (f); recodified former (f) through (j) as (g) through (k).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Administrative correction.
See: 35 N.J.R. 4861(a).
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout and substituted references to automatic
sprinkler for references to fire suppression throughout; in (g)2ii, amended the N.J.A.C. reference.
Amended by R.2004 d.468, effective December 20, 2004.
See: 36 N.J.R. 1858(b), 36 N.J.R. 5711(a).
In (e), added 11.
Amended by R.2005 d.4, effective January 3, 2005.
See: 36 N.J.R. 4049(a), 37 N.J.R. 47(a).
Added (e)12.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (e)1, deleted the N.J.A.C. reference and added "by the plumbing subcode".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (e) and (k)5, substituted "2003" for "1998" throughout; in (e)2ii, inserted "ICC/ANSI A117.1-2003, Chapter 10";
in (e)6, substituted "2406.3" for "2406.2"; added new (e)11 and (e)12; recodified former (e)11 and (e)12 as (e)13
and (e)14; and in (g)3, substituted "1009.10, 1010.8, 1012" for "1003.3.3.11, 1003.3.4.7" and "1013.1" for
"1003.2.12".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)6, inserted "or by section R308.4 of the one- and two-family dwelling subcode, as applicable"; in the
introductory paragraph of (e)11, inserted "creates or"; in (e)12, inserted "newly installed or"; and added (e)15.
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (c)1, inserted "or Table R301.5 of the one- and two-family dwelling subcode, as
applicable,"; rewrote (c)2, (e)11, (e)12 and (g)3; in (e)6, substituted "2406.4" for "2406.3"; added new (e)13, (e)14
and (l); recodified former (e)13 through (e)15 as (e)15 through (e)17; in (e)17, substituted "1022.4" for "1020.1.2";
Page 8 of 9
§ 5:23-6.7 Reconstruction
and in (f), inserted "N.J.A.C. 5:23-3.20(c) of" and "or Section R315 of the one- and two-family dwelling subcode, as
applicable".
Amended by R.2013 d.081, effective June 3, 2013.
See: 44 N.J.R. 1303(a), 45 N.J.R. 1393(a).
In the introductory paragraph of (e)2, inserted a comma following "altered"; added new (e)2iii and (e)2iv; recodified
former (e)2iii as (e)3; rewrote (e)3; and recodified former (e)3 through (e)17 as (e)4 through (e)18.
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote the section.
Amended by R.2017 d.107, effective June 5, 2017.
See: 48 N.J.R. 1851(a), 49 N.J.R. 1381(b).
Rewrote (f).
Administrative correction.
See: 49 N.J.R. 3423(a).
Amended by R.2020 d.130, effective December 7, 2020.
See: 52 N.J.R. 835(a), 52 N.J.R. 2097(a).
Inserted (e)10 and recodified former (e)10 through (e)21 as (e)11 through (e)22.
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In the introductory paragraph of (e)18, substituted "R404" for "404".
Amended by R.2022 d.022, effective February 7, 2022.
See: 53 N.J.R. 1133(a), 54 N.J.R. 263(a).
In (e)10, deleted "repair or" following "Any", and "NEC" preceding "Article", substituted "of" for ", as referenced in",
and deleted "(N.J.A.C. 5:23-3.16)" following "subcode".
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
In (e)4i(1), inserted a comma following "enlarged" twice; in (e)4i(1) and (e)5i, substituted "60" for "50"; and in (e)5,
inserted a comma following "installed".
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Administrative correction, effective December 6, 2023.
See: 56 N.J.R. 35(c).
Administrative correction, effective July 23, 2024.
See: 56 N.J.R. 1708(a).
Page 9 of 9
§ 5:23-6.7 Reconstruction
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
In (d)3iii, inserted the second occurrence of "and"; deleted former (d)3iv; and recodified former (d)3v as (d)3iv.
End of Document
N.J.A.C. 5:23-6.8
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.8 Materials and methods
(a) The following requirements shall be met for materials and installation methods for all items that are part
of the applicant's proposed project for all categories of work other than repair as defined in N.J.A.C. 5:23-
6.3.
1. Where sections listed below reference other sections not listed below, those sections shall apply
within that limited context.
(b) Building and Fire Protection Materials and Methods: The following sections of the building subcode
(N.J.A.C. 5:23-3.14) shall constitute the building and fire protection materials and methods requirements for
this subchapter:
1. The following sections of Chapter 5 entitled "General Building Height and Areas":
i. Section 505 shall apply to newly constructed "Mezzanines and Equipment Platforms";
2. The following sections of Chapter 7 entitled "Fire and Smoke Protection Features":
i. Sections 703.2, 703.3, 703.4, 703.6, 703.7;
ii. Sections 705.2.1, 705.2.2, 705.4;
iii. Sections 706.2, 706.3;
iv. Sections 707.2, 707.9;
v. Section 708.2;
vi. Section 709.2;
vii. Sections 710.2, 710.5, 710.6, 710.7, 710.8;
viii. Sections 711.2.1, 711.3.1;
ix. Section 712.1.13;
x. Section 713.3;
xi. Section 714;
xii. Section 715;
xiii. Section 716;
xiv. Section 717;
xv. Sections 718.2.1, 718.3.1;
xvi. Section 719;
xvii. Section 720;
xviii. Section 721; and
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§ 5:23-6.8 Materials and methods
xix. Section 722;
3. All of Chapter 8 entitled "Interior Finishes";
4. All of Chapter 9 entitled "Fire Protection Systems," except Sections 902, 903.2, 903.3.2, 904.2,
905.3, 906.1, 907.2, 908.1, 908.2, 910.2, 911, 917, and 918;
5. The following sections of Chapter 10 entitled "Means of Egress":
i. Sections 1010.2 and 1010.3;
(1) Sections 1010.2.9.3 and 1010.2.9.4 shall be the only sections that apply within Section
1010.2.9.
ii. Sections 1013.3, 1013.4, 1013.5, and 1013.6;
iii. Section 1015.8.1; and
iv. Sections 1025.4, 1025.5;
6. The following sections of Chapter 12 entitled "Interior Environment":
i. Section 1202.5.2 shall apply to new sources of contaminants; and
ii. Section 1209;
7. All of Chapter 14 entitled "Exterior Walls" except Sections 1401, 1402.2, 1402.3, 1402.4;
8. All of Chapter 15 entitled "Roof Assemblies and Rooftop Structures" except Sections 1501, 1502,
1503.4, and 1511.8;
9. All of Chapter 16 entitled "Structural Design," except Sections 1601, 1604, 1608, 1609, 1610, 1611,
1612, 1613, 1614, 1615, and 1616 shall apply to new or replaced structural members. The referenced
sections of Chapter 16 shall not be used to analyze any existing structural members, except as
otherwise provided by this subcode;
10. All of Chapter 18 entitled "Soil and Foundations" except Sections 1801, 1802, 1803, 1804, 1805,
1806;
i. Additionally, the following requirements of Section 1805 shall be included as part of Materials
and Methods: 1805.2.1, 1805.2.2, 1805.3.1, 1805.3.2, 1805.3.3, 1805.4.1, 1805.4.2, 1805.4.3;
11. All of Chapter 19 entitled "Concrete" except Sections 1901, 1902;
12. All of Chapter 20 entitled "Aluminum";
13. All of Chapter 21 entitled "Masonry" except Sections 2101, 2102;
14. All of Chapter 22 entitled "Steel" except Section 2201;
15. All of Chapter 23 entitled "Wood" except Section 2301.1;
16. All of Chapter 24 entitled "Glass and Glazing" except Sections 2401, 2402;
17. All of Chapter 25 entitled "Gypsum Board and Plaster" except Sections 2501.1, 2502;
18. All of Chapter 26 entitled "Plastic" except Sections 2601, 2602;
19. For the applicability of Chapter 30 entitled "Elevators and Conveying Systems," refer to (i) and (j)
below; and
20. The following sections of Chapter 31 entitled "Special Construction:"
i. Section 3105;
ii. Sections 3106.3;
iii. Section 3107;
Page 3 of 13
§ 5:23-6.8 Materials and methods
iv. Section 3109 shall apply to newly installed and completely replaced swimming pools, spas, and
hot tubs. For barriers, this shall also apply to partial barrier replacements if the portion being
replaced exceeds 25 percent of the total perimeter of the barrier;
v. Section 3110;
vi. Section 3111 shall apply to newly installed and completely replaced solar energy systems; and
vii. Section 3115 shall apply to newly repurposed intermodal shipping containers.
(c) Plumbing Materials and Methods: The following sections of the plumbing subcode (N.J.A.C. 5:23-3.15)
shall constitute the plumbing materials and methods requirements for this subchapter:
1. All of Chapter 2 entitled "General Regulations" except Section 2.19:
i. Sections 2.16a.1 and 2 shall not apply to the replacement of water service or building sewers in
the same location.
ii. Section 2.19 for availability of public water supply and sewer shall apply when existing septic or
water supply facilities are no longer suitable for use as determined by the local health inspector,
and public facilities are available within the meaning of Section 2.19.
2. All of Chapter 3 entitled "Materials."
3. All of Chapter 4 entitled "Joints and Connections."
4. All of Chapter 5, entitled "Traps, cleanouts and backwater valves."
5. Chapter 6, entitled "Liquid Waste Treatment Equipment" except Sections 6.1.1, 6.3.1, and 6.4.1:
i. Section 6.1.1, 6.3.1, 6.4.1 for when interceptors are required shall not apply. However, when
new fixtures, or devices are installed that will produce wastes that need to be separated, an
interceptor shall be required.
6. Chapter 7, entitled "Plumbing Fixtures, Fixture Fittings and Plumbing Appliances" except section
7.21 and table 7.21.1.
7. Chapter 8 entitled "Hangers and Supports."
8. Chapter 9 entitled "Indirect Wastes Piping and Special Waste."
9. Chapter 10 entitled "Water Supply and Distribution" except for sections 10.3, 10.6.5, 10.8.1, 10.14
and 10.15.9:
i. Water shall be supplied so that fixtures within a building are provided with an adequate supply of
water so that they are functional.
ii. In Section 10.6.4, the minimum of five feet for the wall sleeve shall not be required for
"trenchless pipe replacement systems" for water service replacement using plastic pipe.
iii. Section 10.6.5 shall apply to all newly-installed or completely replaced water services.
iv. Section 10.8.1 shall apply, where there is not sufficient pressure for proper functioning of
fixtures, a water pressure booster system shall be required.
v. Section 10.14 for sizing water distribution systems shall apply when the proposed work will
impose additional loads on the system. Where the proposed work does not increase or decreases
the load on the existing system, no increase in size shall be required. All new piping associated
with the installation of additional fixtures shall comply with the sizing requirements of Chapter 10.
10. All of Chapter 11, entitled "Sanitary Drainage Systems" except 11.2.2, 11.2.3, 11.5, and 11.6:
i. Section 11.2.3 for sizing building sewers shall apply when the proposed work will impose
additional loads on the sewer. Where the proposed work does not increase or decreases the load
on the existing system, no increase in size shall be required.
Page 4 of 13
§ 5:23-6.8 Materials and methods
ii. Section 11.5 for sizing drainage systems shall apply when the proposed work will impose
additional loads on the system. Where the proposed work does not increase or decreases the load
on the existing system, no increase in size shall be required. All new piping associated with the
installation of additional fixtures shall comply with the sizing requirements of 11.5.
iii. Section 11.6 for sizing offsets in drainage systems shall apply when the proposed work will
impose additional loads on the system. Where the proposed work does not increase or decreases
the load on the existing system, no increase in size shall be required.
11. All of Chapter 12, entitled "Vents and Venting" except 12.3.1, 12.3.2 and 12.16:
i. Section 12.3.1 for locations where vent stacks are required shall apply where new stacks are
being installed;
ii. Section 12.3.2 "Relief Vents for Stacks having Ten or More Branch Intervals" shall apply only
when new stacks of ten or more branch intervals are being installed; and
iii. Section 12.16 for size and length of vents shall apply when new vents are being installed.
12. All of Chapter 13 entitled "Storm Water Drainage" except Sections 13.1.1, 13.1.2, 13.1.6, 13.1.7,
13.1.10.1, 13.4.3, 13.6.1, and 13.6.2:
i. Section 13.1.1 for where storm water drains are required shall apply only when new roofs, paved
areas, yards, courts and courtyards are created.
ii. Section 13.1.2 "Storm Water Drainage to Sewer Prohibited" shall not be applied to existing
connections to the sewer. This section shall only prohibit the connection of new storm water drains
to a sanitary sewer that is prohibited from accepting such discharge.
iii. Section 13.1.6 "Areaway Drains" shall apply only to newly created, open, below grade
areaways where storm water can accumulate.
iv. Section 13.1.7 "Window Well Drains" shall apply only to newly created window wells.
v. Section 13.1.10.1 for sizing roof drains, as amended in N.J.A.C. 5:23-3.15, shall apply only
where additional roof area is to be drained or where other circumstances increase the load on
existing roof drains.
vi. Section 13.4.3 "Combining Storm Water with Sanitary Drainage" shall not be applied to existing
connections to the sewer. This section shall only require that newly installed sanitary and storm
sewers be separate.
vii. Section 13.6.1 "Size of Vertical Storm Drain Piping" shall only apply when the proposed work
will impose additional loads on the system. Where the proposed work does not increase or
decreases the load on the existing system, no increase in size shall be required.
viii. Section 13.6.2 "Size of Horizontal Storm Drain Piping" shall only apply when the proposed
work will impose additional loads on the system. Where the proposed work does not increase or
decreases the load on the system, no increase in size shall be required.
13. All of Chapter 14 entitled "Special Requirements For Health Care Facilities."
14. All of Chapter 15 entitled "Tests and Maintenance."
15. Section 16.1.7 of Chapter 16 entitled "Regulations Governing Individual Sewage Disposal Systems
for Homes and Other Establishments Where Public Sewage Systems Are Not Available."
(d) Electrical Materials and Methods. The following sections of the electrical subcode (N.J.A.C. 5:23-3.16)
shall constitute the electrical materials and methods requirements for this subchapter:
1. Section 90.7, entitled "Examination of Equipment for Safety" of the Introduction, Article 90;
Page 5 of 13
§ 5:23-6.8 Materials and methods
2. All of Chapter 1 entitled "General" except Sections 110.8 Wiring Methods, 110.26 Spaces About
Electrical Equipment (1,000 Volts, Nominal, or less), 110.32 Work Space About Equipment (over 1,000
Volts, Nominal) and 110.33 Entrance to Enclosures and Access to Working Space;
i. Section 110.32 shall be required for upgrading the complete system or where the voltage is
increased;
3. All of Chapter 2 entitled "Wiring and Protection" except Sections 210.11 Branch Circuits Required,
210.12 Arc-Fault Circuit-Interrupter Protection, 210.52 Dwelling Unit Receptacle Outlets, 210.60 Guest
Rooms or Guest Suites Dormitories and Similar Occupancies, 210.62 Show Windows, 210.63
Equipment Requiring Servicing, and 210.70 Lighting Outlets Required;
i. In applying item #3 of the exception of Section 250.140, the branch circuit may originate at a
location other than the service equipment.
4. All of Chapter 3 entitled "Wiring Methods and Materials";
5. All of Chapter 4, entitled "Equipment for General Use" except Section 404.8 Accessibility and
Grouping (switches) and Section 408.18 Clearances (switchboards and switchgear);
6. All of Chapter 5, entitled "Special Occupancies;"
7. All of Chapter 6, entitled "Special Equipment;"
8. All of Chapter 7, entitled "Special Conditions;" and
9. All of Chapter 8 entitled "Communications Systems."
10. Existing working clearances, clear space, access and entrance dimensions to working spaces,
illumination, headroom clearances, and location of overcurrent protection devices shall be allowed to
remain without modification.
(e) Mechanical Materials and Methods: The following sections of the mechanical subcode (N.J.A.C. 5:23-
3.20) shall constitute the mechanical materials and methods requirements for this subchapter:
1. All of Chapter 3, entitled "General Regulations" except Sections 301.2, 301.10, 301.11, 301.16,
301.18, 303.5, 303.6, 303.7, 306, 307.2.3, 309, and 312;
i. Section 312 shall apply when appliance/equipment input ratings are increased.
2. All of Chapter 4, entitled "Ventilation" except Sections 402, 403, and 407;
3. All of Chapter 5, entitled "Exhaust Systems" except Sections 502, 509, 510, and 513;
i. Section 509 shall apply to newly installed or replaced commercial food heat-processing
appliances and Type I hoods;
ii. Section 510 shall apply to newly introduced sources of hazardous exhaust;
4. All of Chapter 6, entitled "Duct Systems" except Sections 602, 604.1, and 608;
i. Section 602 shall apply to newly constructed plenums. Modifications to existing plenums, such
as installation of new building, electrical, or plumbing materials inside the plenum, increasing air
flow rate within the plenum, etc. shall not require the plenum to comply with the construction
requirements for new plenums. However, newly installed materials within the plenum shall be
consistent with material requirements of Section 602; and
ii. Section 608 shall apply to newly installed systems.
5. All of Chapter 7, entitled "Combustion Air";
i. Chapter 7 shall not apply if the work being performed does not increase the input rating of the
equipment.
6. All of Chapter 8, entitled "Chimneys and Vents";
Page 6 of 13
§ 5:23-6.8 Materials and methods
7. All of Chapter 9, entitled "Specific Appliances, Fireplaces and Solid Fuel-Burning Equipment";
8. All of Chapter 10, entitled "Boiler, Water Heaters and Pressure Vessels";
9. All of Chapter 11, entitled "Refrigeration," except Section 1105.9;
10. All of Chapter 12, entitled "Hydronic Piping" except Section 1204;
11. All of Chapter 13, entitled "Fuel Oil Piping and Storage" except Section 1305.1;
i. Section 1305.1 shall apply when the work being performed increases the load on the system
such that the existing pipe does not meet the size required by code. Existing systems that are
modified shall not require resizing as long as the load on the system is not increased and the
system length is not increased even if the altered system does not meet code minimums; and
12. All of Chapter 14, entitled "Solar Thermal Systems."
(f) Fuel Gas Materials and Methods: The following sections of the fuel gas subcode (N.J.A.C. 5:23-3.22)
shall constitute the fuel gas materials and methods requirements of this subchapter:
1. All of Chapter 3, entitled "General Regulations" except Sections 301.2, 301.6, 301.11, 301.12,
303.7, and 306 (excluding Section 306.6);
i. Section 304 shall not apply if the work being performed does not increase the input rating of the
equipment.
2. All of Chapter 4, entitled "Gas Piping Installations" except Sections 401.8 and 402.3;
i. Sections 401.8 and 402.3 shall apply when the work being performed increases the load on the
system such that the existing pipe does not meet the size required by code. Existing systems that
are modified shall not require resizing as long as the load on the system is not increased and the
system length is not increased even if the altered system does not meet code minimums;
3. All of Chapter 5, entitled "Chimneys and Vents";
i. Section 503.6.10 shall apply only when the equipment being installed results in a greater output
to the common venting system;
4. All of Chapter 6, entitled "Specific Appliances"; and
5. All of Chapter 7, entitled "Gaseous Hydrogen Systems."
(g) Barrier Free Materials and Methods: The requirements of ICC A117.1 shall constitute the barrier free
materials and methods requirements for this subchapter and shall apply to work projects in all buildings
other than buildings of Group R-2, R-3, R-4, or R-5 containing fewer than four dwelling units or buildings of
Use Group U.
1. Exception: Where full compliance is technically infeasible, compliance shall be achieved to the
maximum extent feasible.
2. For toilet or bathing facilities, at least one of each type of fixture shall comply with the barrier free
materials and methods. Where six or more toilet stalls are provided, in addition to a wheelchair
accessible stall, at least one ambulatory accessible stall shall be provided.
3. Limited exceptions to the accessibility requirements for theatres and auditoriums are permitted as
follows:
i. Where fixed seating is provided and it is technically infeasible to provide integrated accessible
seating, accessible seating may be clustered.
ii. When a facility contains more than one performing area and it is technically infeasible to make
all performing areas accessible, the provision of one accessible performing area shall be accepted
as meeting the requirement for providing access to performing areas.
Page 7 of 13
§ 5:23-6.8 Materials and methods
4. In buildings of Group M, where fitting room partitions are installed or moved, five percent of the
fitting rooms, but not less than one, shall comply.
5. Section 309 of the ICC A117.1 shall not apply to electrical panelboard replacement(s).
(h) Residential Materials and Methods: The following sections of the one- and two-family dwelling subcode
(N.J.A.C. 5:23-3.21) shall constitute the residential materials and methods requirements for this subchapter:
1. The following sections of Chapter 3, entitled "Building Planning:"
i. Section R301.8;
ii. Sections R302.10, R302.14;
iii. Section R307.2;
iv. Section R308;
v. Section R309.4;
vi. Sections R313.1.1, R313.2.1;
vii. Sections R314.1.1, R314.5, R314.7.1, R314.7.4;
viii. Sections R315.1.1, R315.4, R315.7.1, R315.7.4;
ix. Section R316;
x. Section R317; and
xi. Section R318;
xii. Section R324 shall apply to newly installed and completely replaced solar energy systems;
xiii. Section R327 shall apply to newly installed and completely replaced swimming pools, spas,
and hot tubs. For barriers, this shall also apply to partial barrier replacement if the portion being
replaced exceeds 25 percent of the total perimeter of the barrier;
xiv. Section R328 shall apply to newly installed and completely replaced stationary storage battery
systems;
xv. Section R329 shall apply to newly installed and completely replaced stationary engine
generators; and
xvi. Section R330 shall apply to newly installed and completely replaced stationary fuel cell power
systems;
2. The following sections of Chapter 4 entitled "Foundations":
i. Section R402; and
ii. Section R407;
3. The following sections of Chapter 5 entitled "Floors":
i. Sections R502.1, R502.8, R502.11;
ii. Sections R503.2.1, R503.2.3, R503.3.1, R503.3.3;
iii. Sections R504.1.2, R504.1.3, R504.3;
iv. Sections R505.2.1, R505.2.2, R505.2.3, R505.2.4, R505.2.5, R505.2.6 for web hole patching
only, and R505.3.5; and
v. Section R507 shall apply to newly installed and completely replaced decks;
4. The following sections of Chapter 6 entitled "Wall Construction":
i. Sections R602.1, R602.2, R602.6;
Page 8 of 13
§ 5:23-6.8 Materials and methods
ii. Sections R603.2.1, R603.2.2, R603.2.3, R603.2.4, R603.2.5, R603.2.6 for web hole patching
only, and R603.3.4;
iii. Sections R604.1, R604.3;
iv. Section R605;
v. Sections R606.1, R606.2;
vi. Section R607.2;
vii. Sections R608.5.1.1, R608.5.1.2, R608.5.2, R608.5.3;
viii. Sections R609.3, R609.4, R609.5; and
ix. Sections R610.3, R610.7;
5. All of Chapter 7 entitled "Wall Covering";
6. The following sections of Chapter 8, entitled "Roof-Ceiling Construction":
i. Sections R802.1, R802.7, R802.10.4;
ii. Section R803.2.1; and
iii. Sections R804.2.1, R804.2.2, R804.2.3, R804.2.4, R804.2.5, R804.2.6 for web hole patching
only, and R804.3.3;
7. All of Chapter 9 entitled "Roof Assemblies", except Section R907.
i. Section R907 shall apply to newly installed and completely replaced panel systems;
8. All of Chapter 10 entitled "Chimneys and Fireplaces";
9. All of Chapter 13, entitled "General Mechanical System Requirements", except Section M1301.1.1
and M1305;
10. All of Chapter 14, entitled "Heating and Cooling Equipment and Appliances," except Sections
M1401.2, M1401.3, and M1401.5;
i. Section M1401.3 shall apply when appliance/equipment input ratings are increased.
11. All of Chapter 15, entitled "Exhaust Systems";
12. All of Chapter 16, entitled "Duct Systems";
13. All of Chapter 17, entitled "Combustion Air," except M1701.2;
i. Chapter 17 shall not apply if the work being performed does not increase the input rating of the
equipment.
14. All of Chapter 18, entitled "Chimneys and Vents";
15. All of Chapter 19, entitled "Special Appliances, Equipment and Systems";
16. All of Chapter 20, entitled "Boilers and Water Heaters";
17. All of Chapter 21, entitled "Hydronic Piping";
18. All of Chapter 22, entitled "Special Piping and Storage Systems";
19. All of Chapter 23, entitled "Solar Thermal Energy Systems"; and
20. All of Chapter 24, entitled "Fuel Gas," except Sections G2404.7, G2404.8, G2412.8, and G2413.3.
i. Section G2407 shall not apply if the work being performed does not increase the input rating of
the equipment.
ii. Sections G2412.8 and G2413.3 shall apply when the work being performed increases the load
on the system such that the existing pipe does not meet the size required by code. Existing
Page 9 of 13
§ 5:23-6.8 Materials and methods
systems that are modified shall not require resizing as long as the load on the system is not
increased and the system length is not increased even if the altered system does not meet code
minimums;
(i) Elevator Devices Materials and Methods: The following sections of the elevator subcode (N.J.A.C. 5:23-
12) shall constitute the elevator device materials and methods requirements for this subchapter:
1. The following sections of the elevator subcode and ASME A17.1 referenced by the adopted building
subcode: N.J.A.C. 5:23-12.2(c) and 12.8, ASME A17.1, Sections 8.7 Alterations, 8.8, Welding; and 8.9,
Code Data Plate, and Appendices, except for E, J, N, T, W, X, and Y.
2. The following section of Chapter 30 of the building subcode: Section 3002.1.2--"Hoistway
Enclosures, Hardware."
3. The requirements of ASME A17.1 Section 2.8.3.3, as referenced by the adopted building subcode,
when an automatic sprinkler system is installed in an elevator hoistway, machine room and/or
machinery space.
4. When a controller is replaced, without any change in the type of operation or control, the newly
installed controller shall conform to the requirements of ASME A17.1 Sections 2.26.4 and 2.26.9. The
installation shall also conform to the requirements of ASME A17.1 Sections 2.25; 2.26.6; 2.26.7; and
2.26.8.
5. When a controller is replaced, with any change in the type of operation or control, the newly installed
controller shall conform to the requirements of ASME A17.1 Sections 2.26.4 and 2.26.9. The
installation shall also conform to the requirements of ASME A17.1 Sections 2.25; 2.26.6; 2.26.7; 2.26.8;
and 2.27.3 through 2.27.9.
(j) Conveying Devices Materials and Methods: The following sections of Chapter 30 of the building
subcode (N.J.A.C. 5:23-3.14) shall constitute the conveying device materials and methods requirements for
this subchapter:
1. Section 3004.3--"Conveyors"; Section 3004.4--"Personnel and material hoists" and the following
referenced standards from Table 3001.3--"ALI ALCTV," "ANSI MH 29.1," "ASME B20.1."
(k) Manufactured Home Materials and Methods: The following sections of Part 3280 of Title 24 of the Code
of Federal Regulations shall constitute the manufactured home materials and methods requirements for this
subcode:
1. All of Part 3280 of Title 24 of the Code of Federal Regulations except 3280.1, 3280.5, 3280.6,
3280.7, and 3280.8.
(l) Energy Conservation Materials and Methods: The following sections of the energy subcode (N.J.A.C.
5:23-3.18) shall constitute the energy conservation materials and methods requirements for this
subchapter:
1. Residential energy code provisions:
i. The following sections of Chapter 3 entitled "Climate Zones":
(1) Section R303 (N1101.10).
ii. The following sections of Chapter 4 of the residential energy code entitled "Residential Energy
Efficiency":
(1) Sections R402.2.3, R402.2.4, R402.2.7, R402.2.11, R402.4.1.1, R402.4.3, R402.4.5, and
R402.4.6 (N1102.2.3, N1102.2.4, N1102.2.7, N1102.2.11, N1102.4.1.1, N1102.4.3, N1102.4.5,
and N1102.4.6).
2. Commercial energy code provisions:
i. The following sections of Chapter 4 of the commercial energy code entitled "Commercial Energy
Efficiency":
Page 10 of 13
§ 5:23-6.8 Materials and methods
(1) Section 4.2.3;
(2) Sections 5.4.3.1.2, 5.4.3.2, 5.5.4.1, 5.8.1, and 5.8.2;
(3) Sections 6.4.1, 6.4.4.1.1, and 6.4.4.2.1;
(4) Section 7.4.2; and
(5) Sections 10.4.1, 10.4.5, and 10.4.7.
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (b), inserted a reference to fire protection materials the introductory paragraph, inserted 4i and 4ii, inserted a
new 5iii, and recodified former 5iii and 5iv as 5iv and 5v; and in (c), changed chapter 5 reference in 4, substituted a
reference to section 7.21 for a reference to 7.24 in 6, substituted a reference to section 11.2.3 for a reference to
11.2.2 in 10i, changed chapter 14 reference in 13, and changed section 16.1.7 reference in 15.
Administrative correction.
See: 32 N.J.R. 688(a).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (b), rewrote 15 and 21; in (d), rewrote 2 through 4; and added (h).
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (b), added new 5vi.
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout; in (b), substituted "906.1" for "906" in the
introductory paragraph of 4 and inserted "1003.3.1.3.1" in 5iii; in (i), substituted a reference to automatic sprinkler
for a reference to fire suppression in 3.
Administrative correction.
See: 36 N.J.R. 2490(b).
Amended by R.2005 d.82, effective March 7, 2005.
See: 36 N.J.R. 4222(a), 37 N.J.R. 771(a).
Page 11 of 13
§ 5:23-6.8 Materials and methods
In (b), substituted "906.2" for "906.1" in the introductory paragraph of 4, and deleted i, substituted "1614" for
"1613" in 9; in (c), deleted "and" following "108.1"and inserted "and 10.15.9" following "10.14" in 9.
Administrative change.
See: 37 N.J.R. 1016(a).
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (b)19, a correction is made to a cross reference; in (c)5, deletes reference to section 6.1.7; in (e)1, section
301.16 is replaced with section 301.15; added (f)5 and (h)9 through 20.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Rewrote (b); in the introductory paragraph of (c), substituted "materials and methods" for "material and method";
added (d)2i; rewrote (d)3; in (d)4, inserted "and materials"; in (d)5, substituted "408.18" for "408.8"; in (f)4, deleted
"and" from the end; in (f)5, substituted "; and" for the period at the end; added (f)6; in the introductory paragraph of
(g), substituted "2003" for "1998"; and rewrote (h).
Administrative correction.
See: 39 N.J.R. 3296(a).
Amended by R.2008 d.369, effective December 15, 2008.
See: 40 N.J.R. 4651(a), 40 N.J.R. 6958(a).
In (b)19, substituted "and (j) below" for "below, Elevator Devices"; rewrote (i)1; in (i)2, substituted "section" for
"sections" and deleted "and Section 3005.3--"Conveying Systems, Conveyors" from the end; in (i)3, substituted
"Section 2.8.2.3" for "Rule 102.2(c)4" and "installed" for "provided"; added (i)4, (i)5, and new (j); and recodified
former (j) as (k).
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (h)9, inserted "M1301.1.1 and".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
Rewrote (b)2ii through (b)2xi, (b)10, (d)2i and (h); in (b)4, inserted "907.2,"; added new (b)5i; recodified former
(b)5i as new (b)5ii; in (b)5ii, substituted "Subsections" for "Subsection"; deleted former (b)5ii through (b)5iv; in (b)8,
substituted "1502" for "1502.0"; in (b)9, inserted "1614,"; in (c)16, substituted "Requirements" for "Standards"; in
(d)2, inserted "to Enclosures" and substituted "Working" for "Work"; in (d)3, inserted "210.12 Arc-Fault Circuit-
Interrupter Protection," and "Dormitories and Similar Occupancies"; added (d)7i, (g)5 and (l); in (e)1, substituted
"and 309" for ", 309 and 312"; in the introductory paragraph of (e)4, substituted "604.1" for "604"; in (i)3, substituted
"2.8.3.3" for "2.8.2.3"; and in (j)1, inserted "the following referenced standards from" and " 'ASME B20.1' ".
Administrative correction.
See: 45 N.J.R. 2471(a).
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Page 12 of 13
§ 5:23-6.8 Materials and methods
Rewrote the section.
Amended by R.2019 d.083, effective August 5, 2019.
See: 51 N.J.R. 3(a), 51 N.J.R. 1269(a).
In the introductory paragraph of (k), substituted "Part 3280 of Title 24 of the Code of Federal Regulations" for "the
manufactured home subcode (N.J.A.C. 5:23-3.19)".
Amended by R.2020 d.130, effective December 7, 2020.
See: 52 N.J.R. 835(a), 52 N.J.R. 2097(a).
In (b)4, inserted a comma following "Systems" and inserted "903.3.2,".
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (b)1i, inserted "and Equipment Platforms"; in (b)2ii, deleted "705.2.3," preceding "705.4:; in (b)3, deleted "except
Section 802" from the end; in the introductory paragraph of (b)4, substituted "917, 918" for "916"; in (b)5i, inserted
"1010.1.4.5,"; in (b)6i, substituted "1202.5.2" for "1203.5.2"; in (b)6ii, substituted "1209" for "1210"; in (b)7,
substituted "1402.2, 1402.3, 1402.4" for "1402, 1403.2, 1403.3, 1403.4"; in (b)8, deleted "1503.5," preceding
"1510.9"; in (b)14, substituted "Section 2201" for "Sections 2201, 2202"; in (b)15, substituted "Section 2301.1." for
"Sections 2301.1, 2302"; in (b)17, deleted "2501.2," preceding "2502"; deleted (c)16; in the introductory paragraph
of (d)2, substituted "1,000" for "600" twice; in (e)12, inserted "Thermal"; in (h)1viii, substituted "R315.7.1, R315.7.4"
for "R315.6.1, R315.6.4"; in (h)1xii, deleted "and" from the end; in (h)1xiii, inserted "and" at the end; added (h)1xiv;
in the introductory paragraph of (h)13, substituted "Air, except M1701.2" for "Air"; in the introductory paragraph of (i)
updated the N.J.A.C. cite; rewrote (i)1 and (j)1; and in (l)2i(2), inserted "(excluding 5.4.3.1.3a)".
Amended by R.2021 d.121, effective October 18, 2021.
See: 53 N.J.R. 586(a), 53 N.J.R. 1781(a).
In (e)1i and (h)10i, substituted "increased" for "increased/decreased"; in the introductory paragraph of (f)1,
inserted "(excluding Section 306.6)"; and in the introductory paragraph of (h)10, substituted "Equipment,' " for
"Equipment',".
Amended by R.2022 d.158, effective December 19, 2022.
See: 54 N.J.R. 476(a), 54 N.J.R. 2371(c).
Added (d)3i.
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
Rewrote the section.
Administrative correction, effective April 5, 2023.
See: 55 N.J.R. 838(a).
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Administrative correction, effective July 16, 2024.
See: 56 N.J.R. 1711(a).
Page 13 of 13
§ 5:23-6.8 Materials and methods
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
Rewrote (b)20iv and (h)1xiii; and in (h)1, substituted "Planning:" " for "Planning":".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.9
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.9 New building elements
(a) When the rehabilitation of an existing building creates or includes any building element of a type listed
in this section, then the new element shall comply with the requirements for such an element established by
this section.
(b) Building Subcode and One- and Two-Family Dwelling Subcode shall be as follows:
1. The installation of a floor system which did not previously exist, shall be constructed utilizing the live
load requirements as specified in Section 1607 of the building subcode, or with Section R301.5 of the
one- and two-family dwelling subcode, as applicable.
2. When the number of stories in a building is increased without increasing the height of the building,
the building shall comply with the story requirements of Table 504.4 of the building subcode.
i. Stories or habitable attics within buildings of Group R-5 shall comply with N.J.A.C. 5:23-3.21(c)3i
(Section R300) of the one- and two-family dwelling subcode.
3. Newly created floor openings shall comply with the requirements of Sections 712 and 713 of the
building subcode.
4. Newly created atriums shall comply with the requirements of Section 404 of the building subcode.
5. Newly created door openings shall comply with Section 1010.1.1 of the building subcode.
Additionally, newly created door openings in walls which are fire-resistance rated shall comply with
Section 716 of the building subcode.
i. Newly created exit doors in buildings of Group R-5 shall comply with Section R311.2 of the one-
and two-family dwelling subcode.
6. Newly created openings in fire resistance rated assemblies shall be protected in accordance with
Sections 714, 715, 716, and 717, as applicable, of the building subcode, or with Sections R302.4 and
R302.5 of the one- and two-family dwelling subcode, as applicable.
7. Newly created exit passageways and newly created exit discharge used as exit elements shall:
i. Comply with the requirements of Section 1024 of the building subcode for exit passageways.
However, the fire resistance rating of the passageway shall not be required to exceed the fire
resistance rating of the exit element that discharges into the passageway; or
ii. Comply with the requirements of Section 1028 of the building subcode for exit discharge.
8. Newly created stairways:
i. Stairways in buildings subject to the one- and two-family dwelling subcode shall comply with
Sections R311.7.1, R311.7.2, R311.7.4, R311.7.5, R311.7.8, R311.7.10, R311.7.11, R311.7.12,
and R312.1;
ii. Exit stairways in buildings subject to the building subcode shall comply with Sections 1022 and
1028. Within the references of these sections, Section 1009 shall not be applicable;
Page 2 of 6
§ 5:23-6.9 New building elements
iii. Non-exit stairways in buildings subject to the building subcode shall comply with Sections
1011.3, 1011.4, 1011.5, 1011.9, 1011.10, 1011.11, 1011.14, 1011.15, 1011.16, 1015.2, 1015.3,
and 1015.4.
9. Newly installed fire escapes shall be constructed in accordance with FTO-3 of the Uniform
Construction Code as permitted in the basic requirements of this subcode. (Building)
10. Newly created corridors shall comply with Sections 1020.2, 1020.4, 1020.5, 1020.6, and 1020.7 of
the building subcode.
11. Newly constructed mezzanines and equipment platforms shall comply with Section 505 of the
building subcode.
12. Newly created covered mall and open mall buildings shall comply with Section 402 of the building
subcode.
13. Newly created motion picture projection rooms shall comply with Section 409 of the building
subcode.
14. Newly created stages, platforms, and technical production areas shall comply with Section 410 of
the building subcode.
15. Newly created spaces which are utilized for the spray application of flammable finishes shall
comply with Section 416 of the building subcode.
16. At least one newly created window opening in sleeping rooms below the fourth story in
occupancies in Groups R or I-1 shall:
i. Be operable;
ii. Have a sill height of not more than 44 inches;
iii. Have a width of at least 20 inches, a height of at least 24 inches and a minimum total area of
5.7 square feet measured from head to sill and from side to side. (Building)
iv. New window openings in sleeping rooms shall not be required to meet these requirements in
buildings where the sleeping room is provided with a door to a corridor having access to two
remote exits or in buildings equipped throughout with an automatic sprinkler system.
v. Basement windows in buildings of Group R-2 shall comply with the requirements of N.J.A.C.
5:23-6.26(b)3 where the window serves as the second means of egress from the dwelling unit.
(Plan review - Building, Fire. Inspection - Building)
17. Newly created specific occupancy areas shall comply with the following:
i. Paint shops in other than Group F which contain chemicals below the exempt amount for Group
H, waste and soiled linen collection rooms and chute termination rooms shall be separated from
other portions of the building by a one-hour fire partition or provided with an automatic sprinkler
system.
ii. Newly installed play structures shall meet Section 424 of the building subcode.
iii. Incinerator rooms in all groups shall be separated from other portions of the building by a two-
hour fire separation assembly and provided with an automatic sprinkler system.
iv. In Groups I-2 and I-3, physical plant maintenance shops, laundries in excess of 100 square feet
in area and padded cells shall be separated from other portions of the building by a one-hour fire
partition or provided with an automatic sprinkler system. (Plan review--Building, Fire. Inspection--
Fire)
18. Newly created dwelling unit separation and guestroom separation assemblies shall comply with the
requirements of Sections 708, 711, and 1206 of the building subcode, as appropriate, based on the
Page 3 of 6
§ 5:23-6.9 New building elements
type of the existing building, or with Section R302 and Appendix AK of the one- and two-family dwelling
subcode, as applicable.
19. Newly created roof decks shall comply with Section 1006.3 of the building subcode, Egress from
stories or occupied roofs.
20. Newly created openings in exterior walls shall comply with the table in N.J.A.C. 5:23-6.31(f)2.
i. Exception: Newly created openings in buildings of Group R-2, R-3, R-4, or R-5 with a fire
separation distance of three feet or less shall be provided with opening protectives. (Plan review -
Building, Fire. Inspection - Building)
21. Newly created aisle accessways and aisles shall comply with the minimum width requirements of
Section 1018 of the building subcode.
22. Newly installed special construction shall comply with Section 3105 of the building subcode for
awnings and canopies, Section 3106 of the building subcode for marquees and Section 3107/Appendix
H of the building subcode for signs.
(c) Electrical Subcode shall be as follows:
1. Newly installed (not replacing an existing device) electrical service equipment, switchboards,
panelboards, motor control centers and other electrical equipment containing overcurrent, switching, or
control devices likely to require examination, adjustment, servicing, or maintenance while energized
shall conform with the requirements specified at N.J.A.C. 5:23-6.8, Materials and methods, and, in
addition, shall conform with Sections 110.26 (Space About Electrical Equipment--1,000 Volts, Nominal
or Less), 110.32 (Work Space About Equipment--Over 1,000 Volts, Nominal), 110.33 (Entrance to
Enclosures and Access to Work Space), 404.8 (Accessibility and Grouping), and 408.18 (Clearances),
as applicable, of the electrical subcode. (Electrical)
i. Where the requirements of Section 110.26(A)(3) (Height of Working Space) cannot be met due
to existing height constraints, this section shall not apply.
ii. In buildings required to comply with the barrier free subcode, newly installed panelboards (not
replacement) shall comply with Sections 309.2 and 309.3 of the ICC A117.1.
2. Newly installed (not replacing an existing device) heating, air conditioning or refrigeration equipment
likely to require examination, adjustment, servicing or maintenance shall conform with the requirements
at N.J.A.C. 5:23-6.8, Materials and methods, and, in addition, shall conform with Section 210.63(A)
Heating, Air Conditioning, and Refrigeration Equipment Outlet and, if newly installed in an attic,
underfloor space, utility room or basement, 210.70 Lighting Outlets Required, as applicable, of the
electrical subcode.
3. As specified in Section 210.12 of the electrical subcode, Arc-Fault Circuit-Interrupter (AFCI)
Protection shall be required for all newly installed (not replacement) branch circuits in dwelling units
provided a listed combination type arc fault circuit interrupter breaker is available.
(d) Elevator Subcode.
1. Newly installed elevator devices, including those newly installed in existing hoistways/machine
rooms, completely replaced elevator devices, and a change in use of an elevator device from freight to
passenger, passenger to freight, or from one freight class to another freight class, and other equipment
within the scope of Chapter 30 newly installed or installed in existing hoistways/machine rooms, shall
conform to the requirements of Chapter 30 of the building subcode and N.J.A.C. 5:23-12, as applicable.
i. Exception: Such devices shall not be required to comply with Section 8.4 and Section 8.5 of
ASME A17.1, adopted by reference in the building subcode, and Section 3002.4 of the building
subcode.
(e) Energy Subcode shall be as follows:
Page 4 of 6
§ 5:23-6.9 New building elements
1. Newly created conditioned sunrooms or garages shall meet the R-value and U-factor requirements
of Sections R402.2.12 and R402.3.5 (N1102.2.12 and N1102.3.5) of the residential energy code.
2. Newly installed wood burning fire places shall meet Section R402.4.2 (N1102.4.2) of the residential
energy code and Section R1006 of the one- and two-family dwelling subcode or Section 5.4.3.1.2 of the
commercial energy code and Section 2111.14 of the building subcode, as applicable.
3. Newly installed heating, cooling and ventilation systems shall have controls meeting Sections
R403.1 and R403.6 (N1103.1 and N1103.6) of the residential energy code or Sections 6.4.3, 6.5, 7.4.4,
and 7.4.6 of the commercial energy code, as applicable. Systems include, but are not limited to, the
heating and cooling of air or liquids and the ventilation or exhausting of spaces.
4. Newly installed systems that include piping carrying fluids shall meet Sections R403.4 and R403.5
(N1103.4 and N1103.5) of the residential energy code or Sections 6.4.4.1.3 or Section 7.4.3 of the
commercial energy code and Section 1204 of the mechanical subcode, as applicable.
5. Newly installed heating and cooling equipment shall be sized in accordance with Section R403.7
(N1103.7) of the residential energy code or Section 6.4.2.1 and 7.4.1 of the commercial energy code,
as applicable.
6. Newly installed snow and ice melting systems shall be installed in accordance with Section R403.9
(N1103.9) of the residential energy code or Section 6.4.3.7 of the commercial energy code, as
applicable.
7. Newly installed pool heaters and pump motors shall meet Section R403.10 (N1103.10) of the
residential energy code or Section 7.4.5 of the commercial energy code, as applicable.
8. Newly installed sensible heating systems and radiant floor heating systems shall meet the insulation
requirements of Sections 6.4.4.1.4 and 6.4.4.1.5 of the commercial energy code, as applicable.
History
HISTORY:
Administrative correction.
See: 30 N.J.R. 539(a).
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (a), inserted new 6 and 7, recodified former 6 through 17 as 8 through 19, and added 20.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (a), rewrote 19 and 20, and added 21 and 22.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (a), inserted new 10i, and added new 23 and 24.
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Updated building subcode section citations throughout.
Page 5 of 6
§ 5:23-6.9 New building elements
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout and substituted references to automatic
sprinkler for references to fire suppression throughout; in (a), amended the N.J.A.C. reference in 17v and inserted
"(not replacing an existing device)" in 19.
Amended by R.2005 d.82, effective March 7, 2005.
See: 36 N.J.R. 4222(a), 37 N.J.R. 771(a).
Rewrote the section.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (a)20, deleted "tenant separation,".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Rewrote the section.
Amended by R.2008 d.369, effective December 15, 2008.
See: 40 N.J.R. 4651(a), 40 N.J.R. 6958(a).
In the introductory paragraph of (a)10, substituted ", including those newly installed in existing hoistways/machine
rooms," for "(not replacing an existing device)", deleted "newly installed (not replacement)" preceding "equipment",
and inserted "newly installed or installed in existing hoistways/machine rooms,"; and rewrote (a)10i.
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In (a)3, substituted "708" for "707"; in (a)5i, substituted "R311.2" for "R311.4.2"; in (a)6, substituted "713" for "712"
and "Sections R302.4 and R302.5" for "Section R317.3"; in (a)7, substituted "1023" for "1021"; rewrote (a)8 and
(a)11; added new (a)19 through (a)23; recodified former (a)19 and (a)20 as (a)24 and (a)25; added (a)24i; deleted
former (a)21 through (a)25; and added (a)26 through (a)37.
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote the section.
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In the introductory paragraph of (a)2, substituted "504.4" for "503"; in (a)2i, substituted "Stories or habitable attics
within buildings of Group" for "Buildings of group" and "one- and" for "one-and"; in (a)19, substituted "1206" for
"1207"; and in the introductory paragraph of (a)24, inserted a comma following "servicing", substituted "specified at"
for "specified in", and "1,000" for "600" twice.
Amended by R.2021 d.105, effective September 20, 2021.
See: 53 N.J.R. 105(a), 53 N.J.R. 1567(a).
In (a)8ii, inserted ". Within the references of Section 1022, Section 1009 shall not be applicable".
Page 6 of 6
§ 5:23-6.9 New building elements
Administrative correction, effective September 10, 2021.
See: 53 N.J.R. 1671(b).
Amended by R.2022 d.158, effective December 19, 2022.
See: 54 N.J.R. 476(a), 54 N.J.R. 2371(c).
Rewrote the section.
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
Rewrote the section.
Administrative correction, effective August 9, 2023.
See: 55 N.J.R. 1875(a).
Administrative correction, effective July 16, 2024.
See: 56 N.J.R. 1711(a).
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
In (e)7, substituted "pool heaters and pump motors" for "pools heaters".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.10
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.10 Basic requirements and supplemental requirements--general
(a) The basic requirements, set forth in N.J.A.C. 5:23-6.11 for all groups and for individual groups in
N.J.A.C. 5:23-6.12 through 6.28, shall be met within or with regard to the work area in all reconstruction
projects. (These requirements are in addition to the requirements contained in N.J.A.C. 5:23-6.8, Materials
and methods.)
(b) The supplemental requirements, set forth in N.J.A.C. 5:23-6.11A for all groups and for individual groups
in N.J.A.C. 5:23-6.12A through 6.28A, shall be met in all buildings where there are reconstruction projects
that meet or exceed the stated threshold for each requirement.
1. All reconstruction work begun within a single 12 month period shall be considered for determining
the applicability of the supplemental requirement.
2. If a project falls under the threshold for a supplemental requirement by a de minimis amount, the
construction official may require that the supplemental requirement be met.
(c) Reconstruction projects contained in mixed use buildings shall comply with the requirements of
N.J.A.C. 5:23-6.29 as applicable.
(d) Special technical specifications for windowless stories, the supervision of automatic sprinkler systems,
automatic sprinkler system risers, acceptances of existing alarm and automatic sprinkler systems, smoke
barriers, elevators and specific occupancy areas are established in N.J.A.C. 5:23-6.30. The windowless
story, supervision of automatic sprinkler systems and smoke barrier special technical requirements shall
apply only in those uses where specified by this subcode.
History
HISTORY:
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout; in (d), substituted references to automatic
sprinkler for references to fire suppression throughout.
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.11
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.11 Basic requirements in all Groups
(a) This section shall apply within the work area for all reconstruction projects.
(b) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be sufficient
for the maximum permitted occupant load of the work area and any adjacent spaces served by that means
of egress as calculated on a per floor basis. Means of egress shall be measured in units of exit width of 22
inches.
1. The maximum permitted occupant load of a space shall be determined by the capacity of the means
of egress serving the space as calculated in accordance with Table 1. Building owners shall have the
option of establishing a reasonable restriction on the occupant load of the space based on the existing
capacity of the means of egress or of providing additional egress capacity. (Plan review--Building, Fire.
Inspection--Building)
i. Exception: For nightclubs, the occupant load of the space shall be determined in accordance
with the building subcode. The occupant load for dance floors shall be calculated at seven square
feet of floor area per occupant. (Plan review--Building, Fire. Inspection--Building)
Table 1
CAPACITY PER UNIT EGRESS WIDTH
Without automatic sprinkler a
system
With automatic sprinkler system
Number of occupants
Number of occupants
Group
Stairways
Doors, Ramps
and Corridors
Stairwa
ys
Doors, Ramps and
Corridors
A
75
100
113
150
B
60
100
90
150
E
75
100
113
150
F
60
100
90
150
H
-
-
60
100
I-1
60
100
90
100
I-2 /
22
30
35
45
I-4
I-3
60
100
90
150
M
60
100
90
150
Page 2 of 4
§ 5:23-6.11 Basic requirements in all Groups
Table 1
CAPACITY PER UNIT EGRESS WIDTH
Without automatic sprinkler a
system
With automatic sprinkler system
Number of occupants
Number of occupants
Group
Stairways
Doors, Ramps
and Corridors
Stairwa
ys
Doors, Ramps and
Corridors
R
75
100
113
150
S
60
100
90
150
Note: The occupant load may be equal to the total number of occupants for which exit capacity is
provided as determined by Table 1 above. For Group A occupancies, the resulting total occupant
load shall not exceed one occupant per five square feet of net floor area over the entire use.
Interpolation shall be allowed in determining capacity of egress width.
Unit of egress width = 22 inches
(c) Interior Finishes: Interior finishes within work areas shall comply with the following:
1. Existing interior finishes of walls and ceilings shall have a flame spread rating not greater than the
class prescribed by Table 2 below. All existing interior finish materials which do not comply with the
requirements of this section shall be removed or shall be treated with an approved fire retardant coating
in accordance with the manufacturer's instructions to secure compliance with the requirements of this
section. Exceptions are allowed as follows:
i. The use of vinyl or paper wall coverings not exceeding 1/28th of an inch in thickness which is
applied directly to a noncombustible or fire retardant treated wood substrate shall not be regulated
by this section.
ii. Interior trim which does not exceed 10 percent of the aggregate wall and ceiling area of any
room or space shall not be regulated by this section.
iii. When an approved automatic sprinkler system is provided, interior finish of Class II or Class III
materials shall be permitted where Class I or Class II materials, respectively, are required by this
section.
iv. Exposed portions of structural members complying with the requirements for heavy timber
construction in accordance with the Uniform Construction Code shall not be regulated by this
section. (Plan review--Building, Fire. Inspection--Building)
Table 2
Existing Interior Finish Requirements
Group
Exit
Exit Access
Rooms or
Enclosures
Enclosures
Spaces
A, E, I, R-1
I
II
III
All Other Groups
I
II
No Minimum
The classification of interior finishes referred to herein corresponds to flame spread ratings
determined by ASTM E84 as follows: Class I flame spread, 0-25; Class II flame spread, 26-75;
Class III flame spread, 76-200. In all cases, the smoke developed rating determined by ASTM E84
shall not exceed 450.
Page 3 of 4
§ 5:23-6.11 Basic requirements in all Groups
See Group A-3 for amusement buildings.
(d) Commercial cooking operations: An automatic fire extinguishing system shall be required for newly
installed commercial cooking equipment producing grease-laden vapors, except within individual dwelling
units in multiple-family dwellings in Group R-2. No automatic fire extinguishing system shall be required for
completely enclosed ovens, steam tables or similar equipment.
1. Exception: Bed and breakfast homestay facilities, which are designed to accommodate five or fewer
guests, shall not be required to comply with this provision. (Fire)
(e) The following requirements shall apply to all casino hotels:
1. All casino hotel standpipe connections throughout the building shall be identified by a constantly lit
four-inch round blue light connected to an emergency electrical system located no less than 24 inches
and not more than 48 inches above the hose connection. Standpipe connections located on columns
shall be marked on all four sides of the column as described above.
i. This requirement shall not apply to standpipe hose connections in buildings or portions thereof of
Group R-1 that are located in or within 10 feet of an approved exit stairway enclosure.
ii. This requirement shall not apply to standpipe hose connections located in open parking
structures.
2. All illuminated signs, amplification systems, turn tables, or sound-producing equipment located on or
open and adjacent to the casino floor(s) shall be interlocked with the fire alarm system so that
activation of the fire alarm system results in disconnection of electrical power to the device(s).
i. This requirement does not apply to exit signs or emergency communications systems.
ii. This requirement shall not apply to slot machines or similar gaming equipment.
3. On casino gaming floors and adjacent spaces open to the casino gaming floor, all house lighting
shall return to normal lighting levels or all emergency lights shall be activated upon activation of the fire
alarm system. For the purpose of applying this requirement, normal lighting level shall mean an
illumination level of not less than one foot-candle (11 lux) at the floor level. (Plan Review--Electrical,
Fire. Inspection--Fire)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (b), rewrote the note at the end of Table 1.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout; in (c)1iii, substituted a reference to automatic
sprinkler for a reference to fire suppression; in (d), substituted references to fire extinguishing system for references
to fire suppression throughout.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (b)1, added Group I-4 to Table 1.
Page 4 of 4
§ 5:23-6.11 Basic requirements in all Groups
Amended by R.2007 d.51, effective February 5, 2007.
See: 38 N.J.R. 375(a), 39 N.J.R. 371(a).
In the introductory paragraph of (b)1, deleted "(Plan review--Building, Fire. Inspection--Building)" following
"capacity"; and added new (b)1i.
Amended by R.2007 d.338, effective November 5, 2007.
See: 39 N.J.R. 280(a), 39 N.J.R. 4569(a).
Added (e).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.11A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.11A Supplemental requirements in all Groups
(a) This section shall apply to all reconstruction projects.
(b) Vertical Opening Protection: For purposes of applying the supplemental requirement for vertical
opening protection below, a low hazard occupancy is an occupancy having contents of such low
combustibility that no self-propagating fire can occur therein. A moderate hazard occupancy is an
occupancy having contents that are likely to burn with moderate rapidity or to give off a considerable
volume of smoke. (Plan review--Building, Fire. Inspection-Building)
(c) Windowless Stories: Any windowless basement or story located below the seventh story which is
created by the work being performed or any existing windowless basement or story below the seventh story
in which the work area exceeds 50 percent of the gross enclosed floor area of the windowless story, shall
comply with the requirements listed in N.J.A.C. 5:23-6.30. (Fire)
(d) Underground Structures: When the work area exceeds 50 percent of the gross enclosed floor area of
an underground structure, the entire structure shall comply with Section 405 of the building subcode.
History
HISTORY:
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (d), substituted "405" for "405.0".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.12
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.12 Basic requirements--Group A-1
(a) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 50 and the exit access travel distance does not exceed 75 feet.
2. Existing fire escapes shall be accepted as providing one of the required means of egress unless
judged to be dangerous for use under emergency exiting conditions. For use of fire escapes, access
shall be through a door except when serving an occupant load of 10 or fewer. All occupants shall have
unobstructed access to fire escapes without having to pass through a room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
ii. Ladders shall be prohibited on fire escapes used as a required means of egress. (Plan review--
Building, Fire. Inspection--Building)
(b) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways.
2. All required exit doors equipped with latching devices in buildings or spaces with an occupant load
greater than 100 shall be equipped with approved panic hardware. (Plan review--Building, Fire.
Inspection--Building)
(c) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). Additionally, for buildings with an occupant load of
100 or more, a main entrance capable of serving as the main exit with an egress capacity for at least one-
half the total occupant load is required. The remaining exits shall be capable of providing one-half of the
total required exit capacity. This provision shall not apply in buildings with multiple main entrances. (Plan
review--Building, Fire. Inspection--Building)
(d) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length. Exceptions are
allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building subcode in effect at the time of its installation.
Page 2 of 5
§ 5:23-6.12 Basic requirements--Group A-1
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
(e) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or
spaces required to have more than one exit or exit access, means of egress lighting shall be connected to
an emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
required to be provided for not less than one hour in the case of primary power loss.
1. In buildings used for motion pictures or other projections by means of directed light, the illumination
of aisles may be reduced during periods of projection to not less than 0.2 foot candle. The switch
requirements and location(s) for controlling egress lighting connected to the emergency electrical
system shall be in conformance with the NFPA 70 (NEC). (Plan review--Building, Fire, Electric.
Inspection--Building)
(f) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the following criteria:
1. Red or green letters at least six inches high; minimum width of each stroke 3/4 inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs. (Plan review--Building,
Fire. Inspection--Building)
(g) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(h) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(i) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical openings
shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required.
3. For vertical openings not exceeding three stories, a minimum 30-minute UFC fire barrier shall be
required. Exceptions are as follows:
Page 3 of 5
§ 5:23-6.12 Basic requirements--Group A-1
i. When connecting the main floor and mezzanines; or
ii. When all of the following conditions are met:
(1) The communicating area has a low hazard occupancy or has a moderate hazard
occupancy which is protected throughout by an automatic sprinkler system;
(2) The lowest or next to the lowest level is a street floor;
(3) The entire area is open and unobstructed in a manner such that it may be assumed that a
fire in any part of the interconnected spaces will be readily obvious to all of the occupants;
(4) Exit capacity is sufficient to provide egress simultaneously for all the occupants of all levels
by considering all areas to be a single floor area for the determination of required exit capacity;
and
(5) Each floor level, considered separately, has at least one-half of its individual required exit
capacity provided by an exit or exits leading directly out of that level without having to traverse
another communicating floor level or be exposed to the smoke or fire spreading from another
communicating floor level. (Plan review--Building, Fire. Inspection-- Building)
(j) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation and
which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or replaced
in accordance with the applicable structural design criteria of the building subcode. Where structural
elements are sound, there is no excessive deflection (defined as deflection in excess of the standards set
forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase the stresses on
existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall
be permitted to remain. (Building)
(k) Plumbing Fixtures: Plumbing fixtures shall be provided as follows. Where the plumbing subcode allows
for the substitution or omission of fixtures, such substitutions or omissions shall also be permitted under this
section. (Plumbing)
Total
Water Closets
Drinking
Water
Service
Occupancy<1
>
Male
Female
Lavatorie
s
Facilities
Sinks
1-50
1 Unisex
1
1
1
51-100
1
1
1 per sex
1
1
101 and over
Fixtures to be provided as per Table 7.21.1 of the plumbing subcode.
Note 1. For purposes of determining the number of plumbing fixtures required, total occupancy shall be
anticipated occupancy of the building under normal use conditions. It is not necessarily the same as the
total permitted occupant load based on egress capacity.
(l) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
Page 4 of 5
§ 5:23-6.12 Basic requirements--Group A-1
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(m) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
(n) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (e), substituted "except that continued illumination shall be required to be provided" for "to assure continued
illumination" in the last sentence of the introductory paragraph, and rewrote 1; and in (f)2, rewrote the second
sentence.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e), added the second sentence in the introductory paragraph; and added (o).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (l)2i and in the first sentence of (l)2ii, substituted "the International Mechanical Code, 2000 edition" for
"ASHRAE 62-89"; in (o), substituted "Section 716" for "Section 721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (d)2, substituted "an automatic sprinkler" for "a suppression" preceding "system" and substituted "code" for
"subcode" following "with the building"; in (i)3, inserted "UFC" following "30-minute" in the introductory paragraph,
and substituted "sprinkler" for "suppression" preceding "system" in ii(1).
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (l)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Page 5 of 5
§ 5:23-6.12 Basic requirements--Group A-1
Added (a)2; in (l)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a
lesser amount" following "ventilation air per person"; and in (o), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (o), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (a), substituted "or" for "and"; in (a)1, deleted "(Plan review--Building, Fire.
Inspection--Building)" from the end; in (a)2ii, inserted "(Plan review--Building, Fire. Inspection--Building)"; and
deleted (o).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.12A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.12A Supplemental requirements--Group A-1
(a) Automatic Sprinkler System: An automatic sprinkler system shall be installed throughout the fire area
containing the A-1 Group and all floors between the A-1 Group and the level of exit discharge when any
one of the following conditions exists:
1. The work area exceeds 12,000 square feet (gross enclosed floor area);
2. The work area has an occupant load of 300 of more;
3. The work area is located on a floor other than the level of exit discharge; or
4. The work area contains a multi-theatre complex. (Fire)
(b) Automatic Alarm System: When the work area exceeds 25 percent of the gross enclosed floor area of
the building, an automatic fire alarm system that complies with NFPA 72 shall be installed in all storage,
workshop, boiler or furnace rooms. (Fire)
(c) Manual Alarm System: For buildings greater than three stories in height with occupant loads over 25,
when the work area exceeds 25 percent of the gross enclosed floor area of the building, manual fire alarms
shall be required throughout the building. (Fire)
(d) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels.
3. A minimum 30-minute UFC fire barrier shall be required for interior stairways and other vertical
openings not exceeding three stories. Exceptions shall be permitted as follows.
i. When connecting the main floor and mezzanines; or
ii. When all of the following conditions are met:
(1) The communicating area has a low hazard occupancy or has a moderate hazard
occupancy which is protected throughout by an automatic sprinkler system;
(2) The lowest or next to the lowest level is a street floor;
(3) The entire area is open and unobstructed in a manner such that it may be assumed that a
fire in any part of the interconnected spaces will be readily obvious to all of the occupants;
(4) Exit capacity is sufficient to provide egress simultaneously for all the occupants of all levels
by considering all areas to be a single floor area for the determination of required exit capacity;
and
Page 2 of 3
§ 5:23-6.12A Supplemental requirements--Group A-1
(5) Each floor level, considered separately, has at least one-half of its individual required exit
capacity provided by an exit or exits leading directly out of that level without having to traverse
another communicating floor level or be exposed to the smoke or fire spreading from another
communicating floor level. (Plan review--Building, Fire. Inspection-- Building)
(e) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
(f) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g) below. (Elevator)
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
Page 3 of 3
§ 5:23-6.12A Supplemental requirements--Group A-1
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e)2i, amended the N.J.A.C. reference.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Rewrote (a); in (d)3, inserted "UFC" following "30-minute"; substituted references to sprinkler for references to fire
suppression throughout.
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)1, deleted "or exhaust" preceding the first and second occurrences of "system".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.13
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.13 Basic requirements--Group A-2 Nightclubs
(a) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 50 and the exit access travel distance does not exceed 75 feet.
2. Existing fire escapes shall be accepted as providing one of the required means of egress unless
judged to be dangerous for use under emergency exiting conditions. For use of fire escapes, access
shall be through a door except when serving an occupant load of 10 or fewer. All occupants shall have
unobstructed access to fire escapes without having to pass through a room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
ii. Ladders shall be prohibited on fire escapes used as a required means of egress. (Plan review—
Building, Fire. Inspection—Building)
(b) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways.
2. All required exit doors equipped with latching devices in buildings or spaces with an occupant load
greater than 100 shall be equipped with approved panic hardware.
3. If there are more than two individual rooms which can be used for separate functions, each with an
occupant load of more than 300, the required egress doors from such rooms shall lead directly outside
or to an exit passageway. Exit passageways shall be completely enclosed by assemblies having a fire-
resistance rating of at least two hours, shall lead directly outside and shall not be used for any other
purpose unless a horizontal exit is provided in accordance with the building subcode. (Plan review--
Building, Fire. Inspection--Building)
(c) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). The main exit and at least one remaining exit shall be
placed a distance apart equal to one-half the length of the maximum overall diagonal distance of the area
served in buildings not equipped throughout with an automatic fire sprinkler system and one-third the
maximum overall diagonal distance of the area served in buildings that are equipped throughout with an
automatic fire sprinkler system. (Plan review -- Building, Fire. Inspection -- Building)
Page 2 of 5
§ 5:23-6.13 Basic requirements--Group A-2 Nightclubs
1. Buildings with an occupant load of 100 or more shall have a main entrance capable of serving as
the main exit with an egress capacity for at least one-half the total occupant load. The remaining exits
shall be capable of providing two-thirds of the total required exit capacity.
2. Buildings with an occupant load of more than 300 shall have a main entrance capable of serving as
the main exit with an egress capacity for at least two-thirds of the total occupant load. The remaining
exits shall also be capable of providing two-thirds of the total required exit capacity.
(d) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length.
Exceptions are allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with a suppression system installed
in conformance with the building code in effect at the time of its installation. (Plan review--Building, Fire.
Inspection-- Building)
(e) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or
spaces required to have more than one exit or exit access, means of egress lighting shall be connected to
an emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
required to be provided for not less than one hour in the case of primary power loss.
1. In buildings used for motion pictures or other projections by means of directed light, the illumination
of aisles may be reduced during periods of projection to not less than 0.2 foot candle. The switch
requirements and location(s) for controlling egress lighting connected to the emergency electrical
system shall be in conformance with the NFPA 70 (NEC). (Plan review--Building, Fire, Electric.
Inspection--Building)
(f) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the following criteria:
1. Red or green letters at least six inches high; minimum width of each stroke 3/4 inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs. (Plan review--Building,
Fire. Inspection--Building)
(g) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(h) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
Page 3 of 5
§ 5:23-6.13 Basic requirements--Group A-2 Nightclubs
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(i) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical openings
shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required.
3. For vertical openings not exceeding three stories, a minimum 30 minute UFC fire barrier shall be
required. Exceptions are as follows:
i. When connecting the main floor and mezzanines; or
ii. When all of the following conditions are met:
(1) The communicating area has a low hazard occupancy or has a moderate hazard
occupancy which is protected throughout by an automatic suppression system; and
(2) The lowest or next to the lowest level is a street floor; and
(3) The entire area is open and unobstructed in a manner such that it may be assumed that a
fire in any part of the interconnected spaces will be readily obvious to all of the occupants; and
(4) Exit capacity is sufficient to provide egress simultaneously for all the occupants of all levels
by considering all areas to be a single floor area for the determination of required exit capacity;
and
(5) Each floor level, considered separately, has at least one-half of its individual required exit
capacity provided by an exit or exits leading directly out of that level without having to traverse
another communicating floor level or be exposed to the smoke or fire spreading from another
communicating floor level. (Plan review--Building, Fire. Inspection-- Building)
(j) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation and
which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or replaced
in accordance with the applicable structural design criteria of the building subcode. Where structural
elements are sound, there is no excessive deflection (defined as deflection in excess of the standards set
forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase the stresses on
existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall
be permitted to remain. (Building)
(k) Plumbing Fixtures: Plumbing fixtures shall be provided as follows. Where the plumbing subcode allows
for the substitution or omission of fixtures, such substitutions or omissions shall also be permitted under this
section. (Plumbing)
Water
Closets
Total
Occupancy<1>
Male
Fe
ma
le
Lavatorie
s
Drinking
Water
Facilities
Service
Sinks
1-25
1 Unisex
1
0
0
26 and over
Fixtures to be provided as per Table
7.21.1 of the plumbing subcode.
Page 4 of 5
§ 5:23-6.13 Basic requirements--Group A-2 Nightclubs
Note 1. For purposes of determining the number of plumbing fixtures required, total occupancy shall be the
anticipated occupancy of the building under normal use conditions. It is not necessarily the same as the
total permitted occupant load based on egress capacity.
(l) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(m) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
(n) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (f), substituted "except that continued illumination shall be required to be pr
...[TRUNCATED FOR SIZE]...
as within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (f), substituted "except that continued illumination shall be required to be provided" for "to assure continued
illumination" and inserted a reference to electric plan review in the last sentence; and in (g)2, rewrote the second
sentence.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (f), added second sentence; and added (r).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (k)2, substituted "Section 903.3.5.1.1" for "Section 907.0"; in ( o)2i and in the first sentence of ( o)2ii,
substituted "the International Mechanical Code, 2000 edition" for "ASHRAE 62-89"; in (r), substituted "Section 716"
for "Section 721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; in (a), substituted
"installed throughout the work area" for "required" following "shall be"; in (j), inserted "UFC" following "one-hour"
throughout.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In ( o)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.2, effective January 2, 2007.
See: 38 N.J.R. 3377(a), 39 N.J.R. 28(b).
In (a)1, added last sentence; and in (a)2, substituted "has" for "as".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Page 5 of 5
§ 5:23-6.22 Basic requirements--Groups I-2 and I-4
Added (b)2; in ( o)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in
a lesser amount" following "ventilation air per person"; and in (r), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (r), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (a)1, substituted "I" for "1", "IIA" for "2A", and "IIB" for "2B"; in (a)2, substituted "For other than buildings of
construction Type IIIB or VB, an automatic sprinkler system" for "Automatic sprinklers"; in the introductory
paragraph of (b), substituted "or" for "and"; in (b)1, deleted "(Plan review--Building, Fire. Inspection--Building)" from
the end; in (b)2ii, inserted "(Plan review--Building, Fire. Inspection--Building)"; in (k)2, substituted "903.3.8" for
"903.3.5.1.1" and "building" for "Building"; and deleted (r).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.22A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.22A Supplemental requirements--Groups I-2 and I-4
(a) Automatic Sprinkler System: When the work area is 50 percent or more of the occupied floor area of
the building, an automatic sprinkler system shall be required throughout the floor. The sprinkler riser shall
be sized to serve the entire building, even if the system currently being installed serves only a portion of the
building.
1. Exception: For other than buildings of construction Type IIIB or VB, an automatic sprinkler system
shall not be required for day care centers with an occupant load of 100 or less where all children below
2 1/2 years of age are cared for on the first floor and in which each child care room has an exit door
directly to the exterior. (Fire)
(b) Automatic Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, a supervised automatic fire alarm system shall be required throughout the building.
1. Exception: Automatic alarm systems shall not be required for buildings with an automatic sprinkler
system and a manual fire alarm system with single station smoke alarms in the vicinity of sleeping
areas in accordance with NFPA 72. (Fire)
(c) Manual Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, manual fire alarms shall be required throughout the building. (Fire)
(d) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels.
3. A minimum one-hour UFC fire barrier shall be required for interior stairways and other vertical
openings not exceeding three stories.
i. Exception: No vertical opening protection shall be required for vertical openings connecting not
more than two floor levels which are separated by a one-hour UFC fire barrier equipped with a self-
closing or automatically closing 20-minute door at the top or bottom of the stairway when such
stairway does not serve as a required means of egress. (Plan review--Building, Fire. Inspection--
Building)
(e) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Page 2 of 3
§ 5:23-6.22A Supplemental requirements--Groups I-2 and I-4
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
(f) Smoke Barriers: When the work area exceeds 50 percent of the occupied enclosed floor area of a story
used for sleeping purposes for more than 30 occupants or of a story which is usable, but unoccupied, the
story shall be divided into two or more compartments by smoke barrier walls complying with the technical
requirements of N.J.A.C. 5:23-6.30(e) such that each compartment does not exceed 22,500 square feet
and is no more than 150 feet in length and width. (Plan review--Building, Fire. Inspection--Building)
(g) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g). (Elevator)
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e)2i, updated N.J.A.C. reference.
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Amended by R.2004 d.145, effective April 5, 2004.
Page 3 of 3
§ 5:23-6.22A Supplemental requirements--Groups I-2 and I-4
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; in (d), inserted "UFC"
following "one-hour" throughout.
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (b)1, substituted "alarms" for "detectors"; and in (e)1, deleted "or exhaust" preceding the first and second
occurrences of "system".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (a)1, substituted "For other than buildings of construction Type IIIB or VB, an automatic" for "No Automatic", and
inserted "not".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.23
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.23 Basic requirements--Group I-3
(a) Automatic Sprinkler System: An automatic sprinkler system shall be installed throughout the work area.
As an alternative, buildings shall be in compliance with all applicable provisions of Chapter 15 "Existing
Detention and Correctional Occupancies" of the Life Safety Code, NFPA 101, 1985 edition.
1. In buildings not required to be equipped throughout with an automatic sprinkler system, an
automatic sprinkler system shall be provided in all padded cells, boiler rooms, storage and workshop
rooms 24 square feet or larger, mechanical equipment and similar rooms. (Fire)
(b) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. A single exit shall not be permitted.
2. Existing fire escapes shall be accepted as providing one of the required means of egress unless
judged to be dangerous for use under emergency exiting conditions. For use of fire escapes, access
shall be through a door except when serving an occupant load of 10 or fewer. All occupants shall have
unobstructed access to fire escapes without having to pass through a room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
ii. Ladders shall be prohibited on fire escapes used as a required means of egress. (Plan review--
Building, Fire. Inspection--Building)
(c) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways.
2. Buildings with remote power unlocking capability on more than 10 doors shall be provided with an
emergency power source for such locks. Power shall be arranged to automatically operate upon failure
of normal power within 10 seconds and for a duration of not less than one hour. (Plan review--Building,
Fire. Inspection--Building)
(d) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). (Plan review--Building, Fire. Inspection--Building)
(e) Dead End Corridors: Existing dead end corridor shall not exceed 35 feet in length. Exceptions are
allowed as follows:
Page 2 of 4
§ 5:23-6.23 Basic requirements--Group I-3
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
(f) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor level
shall be required during all times that the conditions of occupancy of the building require that the exits be
available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or spaces
required to have more than one exit or exit access, means of egress lighting shall be connected to an
emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
required to be provided for not less than one hour in the case of primary power loss. (Plan review--Building,
Fire, Electric. Inspection--Building)
(g) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the criteria contained in (g)1 and 2 below:
1. Red or green letters at least six inches high; minimum width of each stroke 3/4 inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs.
3. Exception: When the second means of egress is a fire escape that is accessed directly from the
individual sleeping room, illuminated exit signs shall not be required above the means of egress serving
the fire escape. (Plan review--Building, Fire. Inspection--Building)
(h) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(i) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(j) Vertical Opening Protection: Approved assemblies having a fire resistance rating of not less than one
hour with approved opening protectives shall be required for all vertical openings. The vertical opening
protection may be omitted if either of the following conditions is met:
1. The building is in compliance with NFPA 101, Chapter 15, 1985 edition; or
2. The building is equipped throughout with an automatic sprinkler system. (Plan review--Building, Fire.
Inspection--Building)
(k) Interior Finishes and Furnishings: Interior furnishings, drapes, curtains, carpeting, decorations, bedding,
etc. shall be flame retardant. (Plan review--Building, Fire. Inspection--Building)
Page 3 of 4
§ 5:23-6.23 Basic requirements--Group I-3
(l) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation and
which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or replaced
in accordance with the applicable structural design criteria of the building subcode. Where structural
elements are sound, there is no excessive deflection (defined as deflection in excess of the standards set
forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase the stresses on
existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall
be permitted to remain. (Building)
(m) Plumbing Fixtures: Plumbing fixtures shall be provided as required by Table 7.21.1 of the plumbing
subcode. Where the plumbing subcode allows for the substitution or omission of fixtures, such substitutions
or omissions shall also be permitted under this section. (Plumbing)
(n) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(o) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
(p) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (f), substituted "except that continued illumination shall be required to be provided" for "to assure continued
illumination" and inserted a reference to electric plan review in the last sentence; and in (g)2, rewrote the second
sentence.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (f), added second sentence; and added (q).
Page 4 of 4
§ 5:23-6.23 Basic requirements--Group I-3
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (n)2i and in the first sentence of (n)2ii, substituted "the International Mechanical Code, 2000 edition" for
"ASHRAE 62-89"; in (q), substituted "Section 716" for "Section 721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; rewrote (a).
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (n)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Added (b)2; in (n)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a
lesser amount" following "ventilation air per person"; and in (q), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (q), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (b), substituted "or" for "and"; in (b)1, deleted "(Plan review--Building, Fire.
Inspection--Building)" from the end; in (b)2ii, inserted "(Plan review--Building, Fire. Inspection--Building)"; and
deleted (q).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.23A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.23A Supplemental requirements--Group I-3
(a) Automatic Sprinkler System: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, an automatic sprinkler system or compliance with Chapter 15 "Existing Detention and
Correctional Occupancies" of the Life Safety Code, NFPA 101, 1985 edition shall be required throughout
the building. In buildings without an automatic sprinkler system, padded cells, boiler and mechanical
equipment rooms, and storage and workshop rooms 24 square feet or larger must have an automatic
sprinkler system. (Fire)
(b) Automatic Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, a supervised automatic fire alarm system shall be required throughout all resident housing
areas in the building. Smoke detectors shall be arranged and positioned to prevent damage or tampering,
provided that the function and speed of detecting a fire is equivalent to that provided by the spacing and
arrangement of requirements of NFPA 72 listed in Chapter 35 of the building subcode.
1. Exception: An automatic fire alarm system shall not be required for buildings with an automatic
sprinkler system and a manual fire alarm system and with single station smoke detectors in the vicinity
of sleeping areas in accordance with NFPA 72.
2. Exception: Smoke detectors shall not be required in sleeping rooms with four or fewer occupants.
(Fire)
(c) Manual Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, manual fire alarms shall be required throughout the building. (Fire)
(d) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided between floor levels of residential areas unless
the building is equipped throughout with an automatic sprinkler system or the building complies with NFPA
101, Chapter 15, 1985 edition. (Plan review--Building, Fire. Inspection--Building)
(e) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
Page 2 of 2
§ 5:23-6.23A Supplemental requirements--Group I-3
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
(f) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g). (Elevator)
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e)2i, updated N.J.A.C. reference.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout.
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (e)1, deleted "or exhaust" preceding the first and second occurrences of "system".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.24
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.24 Basic requirements--Group M
(a) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. When more than one exit is required, existing fire escapes shall be accepted as providing one of the
required means of egress unless judged to be dangerous for use under emergency exiting conditions.
For use of fire escapes, access shall be through a door except when serving an occupant load of 10 or
fewer. All occupants shall have unobstructed access to fire escapes without having to pass through a
room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
2. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 50 and the exit access travel distance does not exceed 75 feet. (Plan review--
Building, Fire. Inspection--Building)
(b) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways. (Plan review--Building, Fire. Inspection--Building)
(c) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). (Plan review--Building, Fire. Inspection--Building)
(d) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length. Exceptions are
allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
(e) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or
spaces required to have more than one exit or exit access, means of egress lighting shall be connected to
an emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
Page 2 of 5
§ 5:23-6.24 Basic requirements--Group M
required to be provided for not less than one hour in the case of primary power loss. (Plan review--Building,
Fire, Electric. Inspection--Building)
(f) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the following criteria:
1. Red or green letters at least six inches high; minimum width of each stroke 3/4 inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs. (Plan review--Building,
Fire. Inspection--Building)
(g) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(h) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(i) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical openings
shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required.
3. For vertical openings not exceeding three stories, a minimum 30-minute UFC fire barrier shall be
required, with the following exceptions:
i. No vertical opening protection shall be required for openings connecting only two floor levels,
such as between the street floor and mezzanine or second floor; or
ii. In buildings with an automatic sprinkler system throughout. (Plan review--Building, Fire.
Inspection--Building)
(j) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation and
which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or replaced
in accordance with the applicable structural design criteria of the building subcode. Where structural
elements are sound, there is no excessive deflection (defined as deflection in excess of the standards set
forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase the stresses on
existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall
be permitted to remain. (Building)
Page 3 of 5
§ 5:23-6.24 Basic requirements--Group M
(k) Plumbing Fixtures: Plumbing fixtures shall be provided as follows. Where the plumbing subcode allows
for the substitution or omission of fixtures, such substitutions or omissions shall also be permitted under this
section. (Plumbing)
Total
Water
Lavatories
Drinking
Servic
e
Occupancy<1,2,3>
Closets
Water
Sinks
Facilities
Employees
1-15
1 Unisex
1
1
1
16 and over
Fixture
s to be
provid
ed as
per
Table
7.21.1 of the plumbing subcode.
Customers
1-25
1 Unisex
1
1
1
26 and over
Fixture
s to be
provid
ed as
per
Table
7.21.1 of the plumbing subcode.
Note 1. For purposes of determining the number of plumbing fixtures required, total occupancy shall be
the anticipated occupancy of the building under normal use conditions. It is not necessarily the same as the
total permitted occupant load based on egress capacity.
Note 2. Customer and employee facilities may be satisfied with a single unisex toilet facility where the
number of employees does not exceed 15 and where the total occupancy does not exceed 25 or where the
occupied floor area does not exceed 1, 500 square feet.
Note 3. Requirements for employees and customers may be met with a single set of restrooms. The
required number of fixtures shall be the greater of the required number for employees or customers.
(l) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(m) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
Page 4 of 5
§ 5:23-6.24 Basic requirements--Group M
(n) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (e), substituted "except that continued illumination shall be required to be provided" for "to assure continued
illumination" and inserted a reference to electric plan review in the last sentence; and in (f)2, rewrote the second
sentence.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e), added second sentence; and added ( o).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In ( l)2i and in the first sentence of ( l)2ii, substituted "the International Mechanical Code, 2000 edition" for
"ASHRAE 62-89"; in ( o), substituted "Section 716" for "Section 721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to suppression throughout; in (i)3, inserted "UFC"
following "30-minute".
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In ( l)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In ( l)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a lesser
amount" following "ventilation air per person"; and in ( o), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In ( o), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (a), substituted "or" for "and"; and deleted ( o).
Page 5 of 5
§ 5:23-6.24 Basic requirements--Group M
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.24A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.24A Supplemental requirements--Group M
(a) Automatic Sprinkler System: In buildings with a Group M fire area greater than 12,000 square feet or a
Group M fire area more than three stories in height, when the work area exceeds 50 percent of the gross
enclosed floor area of the building, an automatic fire sprinkler system shall be provided throughout the
entire building. (Fire)
(b) Manual Alarm System: For buildings greater than three stories in height with occupant loads over 25,
when the work area exceeds 50 percent of the gross enclosed floor area of the building, manual fire alarms
shall be required throughout the building.
1. Exception: Manual alarm systems shall not be required in buildings equipped throughout with an
automatic sprinkler system. (Fire)
(c) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels.
3. A minimum 30-minute UFC fire barrier shall be required for interior stairways and other vertical
openings not exceeding three stories.
i. Exception: No vertical opening protection shall be required for openings connecting only two
floor levels, such as between the street floor and mezzanine or second floor, or for buildings with
an automatic sprinkler system throughout. (Plan review--Building, Fire. Inspection--Building)
(d) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
Page 2 of 3
§ 5:23-6.24A Supplemental requirements--Group M
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
4. Automatic Sprinkler System: When the work area is an entire floor, an automatic sprinkler system
shall be installed on that floor. When an automatic sprinkler system is provided, the sprinkler riser shall
be sized to serve the entire building, even if the system currently being installed serves only a portion of
the building. (Fire)
(e) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g). (Elevator)
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (d)2i, updated N.J.A.C. reference.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; rewrote (a); in (c)3,
inserted "UFC" following "30-minute".
Administrative correction.
See: 36 N.J.R. 2490(b).
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (d)1, deleted "or exhaust" preceding the first and second occurrences of "system".
Page 3 of 3
§ 5:23-6.24A Supplemental requirements--Group M
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.25
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.25 Basic requirements--Group R-1
(a) Smoke alarms: Battery-powered, single station smoke alarms or smoke alarms complying with the
building subcode shall be required in individual guest rooms. (Fire)
(b) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. When more than one exit is required, existing fire escapes shall be accepted as providing one of the
required means of egress unless judged to be dangerous for use under emergency exiting conditions.
For use of fire escapes, access shall be through a door except when serving an occupant load of 10 or
fewer. All occupants shall have unobstructed access to fire escapes without having to pass through a
room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
ii. Window access to fire escapes shall be permitted from individual guestrooms.
iii. Window access shall be permitted to serve more than one guestroom for bed and breakfasts
provided that the window serves a floor with a maximum occupant load of 10 and that the window
has a clear opening of at least 5.7 square feet, a minimum net clear opening of 24 inches in height,
a minimum net clear opening of 20 inches in width, and a sill height of not more than 44 inches
above the finished floor.
iv. For bed and breakfasts, where a door is required because the occupant load served exceeds
10, the door shall have a clear opening of at least 10 square feet, a minimum net clear opening of
54 inches in height and a minimum net clear opening of 24 inches in width.
2. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 50 and the exit access travel distance does not exceed 75 feet.
3. Multilevel guest units do not require an exit from each level within the unit provided that these
conditions are met: The building is Type I or Type II construction, with travel distance within the
dwelling unit not exceeding 75 feet or the building is not more than three stories and all third floor space
is part of a dwelling unit located in part on the second floor and no habitable room has a travel distance
of greater than 50 feet from the door of the room to the entrance of the dwelling unit.
4. A single exit is permitted from floors that are not more than 16 feet above grade provided that each
unit on such floors has an operable window with a sill height of not more than 44 inches.
5. A single exit is permitted in buildings that are not more than two stories in height from floors that are
more than 16 feet above grade with not more than four dwelling units per floor and exit access travel
distance not exceeding 50 feet and with a minimum fire resistance rating of one hour for the exit
Page 2 of 6
§ 5:23-6.25 Basic requirements--Group R-1
enclosure and opening protectives and provided that each dwelling unit on such floors has an operable
window with a sill height of not more than 44 inches. (Plan review--Building, Fire. Inspection--Building)
(c) Emergency Egress Windows: When the work being performed creates a bedroom below the fourth
floor, at least one sleeping room window or exterior door shall:
1. Be operable;
2. Have a sill height of not more than 44 inches;
3. Have a width of at least 20 inches, a height of at least 24 inches, and have a minimum total area of
5.7 square feet measured from head to sill and side to side.
4. Windows are not required to meet these requirements in buildings where the sleeping room is
provided with a door to a corridor having access to two remote exits or in buildings equipped
throughout with an automatic sprinkler system.
(d) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways.
2. All dwelling unit, guest room or rooming unit corridor doors shall be at least 1⅜ inch solid core wood
or approved equal with approved door closers and shall not have any glass panels, other than
approved wire glass in metal frames. Corridor doors shall not be constructed of hollow core wood, shall
not contain louvers and shall not be of panel construction. Doors shall fit both plumb and level in
frames, and be reasonably tight fitting. All replacement doors shall be 1¾ inch solid core wood or
approved equal, unless existing frame will accommodate only a 1⅜ inch door. (Note: Existing doors
meeting HUD Guidelines or BOCA Existing Structures Code (1984) for a rating of 15 minutes or better
shall be accepted.)
3. In buildings equipped with an automatic sprinkler system, doors are required only to provide a
smoke barrier, to be free of louvers, to fit plumb and level and to be reasonably tight fitting.
4. All doors opening onto a passageway at grade or onto an exit stair shall be self-closing or automatic
closing by listed closing devices. (Plan review--Building, Fire. Inspection--Building)
(e) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). (Plan review--Building, Fire. Inspection--Building)
(f) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length. Exceptions are
allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
(g) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or
spaces required to have more than one exit or exit access, means of egress lighting shall be connected to
an emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
required to be provided for not less than one hour in the case of primary power loss. (Plan review--Building,
Fire, Electric. Inspection--Building)
(h) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
Page 3 of 6
§ 5:23-6.25 Basic requirements--Group R-1
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the criteria contained in (h)1 and 2 below:
1. Red or green letters at least six inches high; minimum width of each stroke ¾ inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs.
3. Exception: When the second means of egress is a fire escape that is accessed directly from the
individual sleeping room, illuminated exit signs shall not be required above the means of egress serving
the fire escape. (Plan review--Building, Fire. Inspection--Building)
(i) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(j) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(k) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical
openings shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required.
3. For vertical openings not exceeding three stories, a minimum one-hour UFC fire barrier shall be
required, with the following exceptions:
i. Vertical opening protection shall not be required in buildings not exceeding three stories with an
automatic sprinkler system throughout; or
ii. In buildings with not more than 25 guests when the following conditions are met:
(1) Every sleeping room is provided with an operable window having a sill height not greater
than 44 inches;
(2) Every sleeping room above the second floor is provided with direct access to a fire escape
or other approved secondary exit;
(3) Any exit access corridor exceeding eight feet in length which serves two means of egress,
at least one of which is an unprotected vertical opening, is separated from the vertical opening
by a one-hour UFC fire barrier; and
(4) The building is protected throughout by a supervised, automatic fire alarm system, installed
in accordance with the UCC. (Plan review--Building, Fire. Inspection--Building)
Page 4 of 6
§ 5:23-6.25 Basic requirements--Group R-1
(l) Transoms and Other Interior Openings: All transoms shall be either glazed with 1/4 inch wire glass set
in metal frames and permanently secured in the closed position or sealed with materials consistent with the
corridor construction. Any other sash, grill or opening in a corridor, and any window in a corridor not
opening to the outside air shall be sealed with materials consistent with the corridor construction. (Plan
review--Building, Fire. Inspection--Building)
(m) Boiler/Furnace Equipment Rooms: Boiler/furnace equipment rooms shall be enclosed by one hour fire-
rated wall and ceiling assemblies.
1. Exception: Enclosure shall not be required for boiler/furnace equipment of low pressure type
(operating at pressures of 15 psig or less for steam equipment or 160 psig or less for hot water
equipment) when installed in accordance with manufacturer's recommendations or for boiler/furnace
equipment of residential, single-family type (200,000 BTU per hour input rating or less.)
2. Exception: Enclosure shall not be required for boiler/furnace equipment rooms equipped with a
limited area sprinkler system in accordance with Section 903.3.8 of the building subcode. (Plan review--
Building, Fire. Inspection--Building)
(n) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation
and which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or
replaced in accordance with the applicable structural design criteria of the building subcode. Where
structural elements are sound, there is no excessive deflection (defined as deflection in excess of the
standards set forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase
the stresses on existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing
structural elements shall be permitted to remain. (Building)
(o) Electrical Equipment and Wiring: Guestrooms shall be provided with one switch-controlled ceiling or
wall type outlet or equivalent to illuminate entrances and exits. Additionally, each guest bathroom shall be
provided with at least one duplex receptacle outlet which is GFCI protected and at least one switch-
controlled lighting outlet.
(p) Plumbing Fixtures: Plumbing fixtures shall be provided as required by Table 7.21.1 of the plumbing
subcode. Where the plumbing subcode allows for the substitution or omission of fixtures, such substitutions
or omissions shall also be permitted under this section. (Plumbing)
(q) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(r) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
Page 5 of 6
§ 5:23-6.25 Basic requirements--Group R-1
(s) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
1. Exception: Specific occupancy areas within and serving a dwelling unit are not required to comply
with this section. (Building)
(t) Accessibility of Sleeping Rooms: At least one sleeping room or suite of every 25 or fewer that are part of
the scope of work shall be made accessible unless the facility already provides the number of accessible
sleeping rooms required by Chapter 11 of the building subcode. In addition, at least one sleeping room or
suite of every 25 or fewer that are part of the scope of work shall be equipped with a visual alarm and
notification device for the hearing impaired unless the facility already provides the number required by
Chapter 11 of the building subcode. (Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted a new (c); recodified former (c) through (s) as (d) through (t); in the new (g), substituted "except that
continued illumination shall be required to be provided" for "to assure continued illumination" and inserted a
reference to electric plan review in the last sentence; and in the new (h), made an internal reference change in the
introductory paragraph, and rewrote the second sentence in 2.
Administrative change.
See: 32 N.J.R. 688(a).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (g), added second sentence; and added (u).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (m)2, substituted "Section 903.3.5.1.1" for "Section 907.0"; in (q)2i and in the first sentence of (q)2ii, substituted
"the International Mechanical Code, 2000 edition" for "ASHRAE 62-89"; in (u), substituted "Section 716" for "Section
721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; in (k), inserted "UFC"
following "one-hour" throughout.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (q)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Page 6 of 6
§ 5:23-6.25 Basic requirements--Group R-1
In (q)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a lesser
amount" following "ventilation air per person"; and in (u), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (a), substituted "alarms" for "detectors" throughout; and in (u), inserted "creates or" and deleted "exposed"
preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (b), substituted "or" for "and"; added (b)1iii and (b)1iv; in (b)3, substituted "I" for "1"
and "II" for "2"; in (m)2, substituted "903.3.8" for "903.3.5.1.1" and "building" for "Building"; in (t), substituted the first
occurrence of "Chapter 11 of the building subcode." for "the barrier free subcode. (N.J.A.C. 5:23-7.1(b)7)", and
substituted the second occurrence of "Chapter 11 of the building" for "the barrier free"; and deleted (u).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.25A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.25A Supplemental requirements--Group R-1
(a) Automatic Sprinkler System: In buildings four or more stories in height (excluding basements), when
the work area is an entire floor, an automatic sprinkler system shall be installed throughout the work area.
(Fire)
(b) Automatic Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, an automatic fire alarm system shall be required throughout the building. System smoke
detectors are not required in guestrooms provided that the single-station detectors required by Section
907.2.11.1 of the building subcode are connected to the emergency electrical system and are annunciated
by guestroom at a constantly attended location from which the fire alarm system is capable of being
manually activated.
1. Exception: An automatic fire detection system is not required in buildings that do not have interior
corridors serving guestrooms and where all guestrooms have a means of egress door opening directly
to an exterior exit access which leads directly to the exits. (Note: Single station smoke alarms are still
required in individual guest rooms in such buildings in accordance with N.J.A.C. 5:23-6.25(a) or
6.25A(d), as applicable). (Fire)
(c) Manual Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, a manual fire alarm system shall be required throughout the building.
1. No manual fire alarms shall be required for buildings with less than 25 occupants and less than 10
guestrooms. (Fire)
(d) Smoke Detectors: When the work area exceeds 25 percent of the gross enclosed floor area of the
building, smoke detectors within guestrooms that meet the specifications of the building subcode shall be
required throughout the building. The smoke detectors shall be installed in the locations indicated in the
building subcode and placed within those locations in accordance with NFPA 72. (Fire)
(e) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hours fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels.
3. A minimum one-hour UFC fire barrier required for interior stairways and other vertical openings not
exceeding three stories. Exceptions shall be permitted as follows:
i. For buildings with an automatic sprinkler system throughout;
ii. For buildings with not more than 25 guests when the following conditions are met:
(1) Every sleeping room is provided with an approved, operable window having a sill height not
greater than 44 inches;
Page 2 of 4
§ 5:23-6.25A Supplemental requirements--Group R-1
(2) Every sleeping room above the second floor is provided with direct access to a fire escape
or other approved secondary exit;
(3) Any exit access corridor exceeding eight feet in length which serves two means of egress,
at least one of which is an unprotected vertical opening, shall be separated from the vertical
opening by a one-hour UFC fire barrier; and
(4) The building is protected throughout by a supervised, automatic fire alarm system, installed
in accordance with the UCC. (Plan review--Building, Fire. Inspection--Building)
(f) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
4. When the work area is one entire floor or more, central control station and communication systems
shall be provided as follows:
i. An approved public address communication system consisting of loudspeakers in each corridor
and in each room and tenant space exceeding 1,000 square feet, each elevator and elevator lobby
and in each stair enclosure which shall be capable of being operated from the central control
station;
Page 3 of 4
§ 5:23-6.25A Supplemental requirements--Group R-1
ii. A two-way fire department communication system which shall operate between the central
control and every elevator, elevator lobby and entry to enclosed exit stairways;
iii. A central control station for fire department operations shall be provided in a location approved
by the fire department. It shall contain the public address panel, the fire department
communications panel, fire detection and alarm system annunciator panels, status indicators and
controls for air handling systems, sprinkler valve and water flow detector display panels, and status
indicators and a telephone for fire department use with controlled access to the public telephone
system. (Fire)
5. Automatic Sprinkler System: When the work area is an entire floor, an automatic sprinkler system
shall be installed on that floor. When an automatic sprinkler system is provided, the sprinkler riser shall
be sized to serve the entire building, even if the system currently being installed serves only a portion of
the building. (Fire)
(g) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g). (Elevator)
History
HISTORY:
Amended by R.1999 d.259, effective August 16, 1999.
See: 31 N.J.R. 825(a), 31 N.J.R. 2330(a).
Inserted (e); and recodified existing (e) through (g) as (f) through (h).
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (d), substituted "25 percent" for "50 percent" following "exceeds" in the first sentence.
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (e), substituted "detectors" for "alarms" preceding "shall be installed" in the introductory paragraph; and in (g)2i,
updated N.J.A.C. reference.
Amended by R.2002 d.15, effective January 22, 2002.
See: 33 N.J.R. 2933(b), 33 N.J.R. 3883(a), 34 N.J.R. 521(a).
In (e), substituted "alarms" for "detectors", inserted "located" preceding "in a building", and added the last
sentence in the introductory paragraph, and rewrote 1.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted former (e); recodified former (f) through (h) as (e) through (g).
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Page 4 of 4
§ 5:23-6.25A Supplemental requirements--Group R-1
Substituted references to automatic sprinkler for references to fire suppression throughout; in (e), inserted "UFC"
following "one-hour" throughout.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (b), substituted "907.2.10.1.1 of the building subcode" for "920.3.1".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (b)1, substituted "alarms" for "detectors" and "(a)" for "(b)"; and in (f)1, deleted "or exhaust" preceding the first
and second occurrences of "system".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (b), substituted "907.2.11.1" for "907.2.10.1.1".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.26
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
(a) Automatic Fire Sprinkler System: In Group R-2 dormitories, an automatic fire sprinkler system shall be
installed throughout the work area.
(b) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
50 or with exit travel distance greater than 75 feet.
1. When more than one exit is required, existing fire escapes shall be accepted as providing one of the
required means of egress unless judged to be dangerous for use under emergency exiting conditions.
For use of fire escapes, access shall be through a door except when serving an occupant load of 10 or
fewer. All occupants shall have unobstructed access to fire escapes without having to pass through a
room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
ii. Window access to fire escapes shall be permitted from individual units.
iii. For rooming houses, ladders shall be prohibited on fire escapes used as a required means of
egress.
2. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 50 and the exit access travel distance does not exceed 75 feet.
3. Dwelling units in basements (stories below grade) shall have two means of egress unless the
building has an automatic sprinkler system. (An operable window with a net clear opening of at least
five square feet, a minimum net clear opening of 24 inches in height and 20 inches in width, and a sill
height of not more than 44 inches above the finished floor is acceptable as one of the means of
egress.)
4. For rooming houses, a single exit shall be prohibited.
5. Multilevel dwelling units do not require an exit from each level within the dwelling unit provided that
these conditions are met: The building is Type 1 or Type 2 construction, with travel distance within the
dwelling unit not exceeding 75 feet or the building is not more than three stories and all third floor space
is part of a dwelling unit located in part on the second floor and no habitable room has a travel distance
of greater than 50 feet from the door of the room to the entrance of the dwelling unit.
6. A single exit is permitted from floor(s) that are not more than 16 feet above grade provided that each
dwelling unit on such floors has an operable window with a sill height of not more than 44 inches. (In
community residences for the developmentally disabled, the maximum occupant load, excluding staff,
is 12.)
Page 2 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
7. A single exit is permitted in buildings that are not more than two stories in height from floors that are
more than 16 feet above grade with not more than four dwelling units per floor and exit access travel
distance not exceeding 50 feet and with a minimum fire resistance rating of one hour for the exit
enclosure and opening protectives and provided that each dwelling unit on such floors has an operable
window with a sill height of not more than 44 inches. (In community residences for the developmentally
disabled, the maximum occupant load, excluding staff, is 12.)
8. As used in this subsection, "rooming house" means any building and any part thereof, which
contains two or more units of dwelling space which do not provide a private, secure dwelling space
arranged for independent living and containing both full bath and kitchen facilities (exclusive of any
such unit occupied by an owner or operator), including any residential hotel. The term does not include
any hotel, motel or established guest house in which a minimum of 85 percent of the units of dwelling
space are offered on a temporary basis only, for periods lasting no more than 90 days, to guests who
either maintain or intend to maintain a primary residence at a location other than the hotel, motel or
established guest house. The term also does not include one-family residential dwellings made
available for occupancy by not more than five roomers. (Plan review--Building, Fire. Inspection--
Building)
(c) Emergency Egress Windows: When the work being performed creates a bedroom below the fourth
floor, at least one sleeping room window or exterior door shall:
1. Be operable;
2. Have a sill height of not more than 44 inches; and
3. Have a width of at least 20 inches, a height of at least 24 inches, and have a minimum total area of
5.7 square feet measured from head to sill and side to side.
4. Windows are not required to meet these requirements in buildings where the sleeping room is
provided with a door to a corridor having access to two remote exits or in buildings equipped
throughout with an automatic sprinkler system. For dwelling units in basements, one of the two remote
exits may be as per (b)3 above.
(d) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 50 or in which the travel distance exceeds 75 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways.
2. All dwelling unit, guest room or rooming unit corridor doors shall be at least 1⅜ inch solid core wood
or approved equal with approved door closers and shall not have any glass panels, other than
approved wire glass in metal frames. Corridor doors shall not be constructed of hollow core wood, shall
not contain louvers and shall not be of panel construction. Doors shall fit both plumb and level in
frames, and be reasonably tight fitting. All replacement doors shall be 1¾ inch solid core wood or
approved equal, unless existing frame will accommodate only a 1⅜ inch door. (Note: Existing doors
meeting HUD Guidelines or BOCA Existing Structures Code (1984) for a rating of 15 minutes or better
shall be accepted.)
3. In buildings with an automatic sprinkler system, doors are required only to provide a smoke barrier,
to be free of louvers, to fit plumb and level and to be reasonably tight fitting.
4. All doors opening onto a passageway at grade or onto an exit stair shall be self-closing or automatic
closing by listed closing devices.
i. Exception: Group homes with a maximum of 15 occupants and an approved automatic detection
system shall not be required to have self-closing doors. (Plan review--Building, Fire. Inspection--
Building)
Page 3 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
(e) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). (Plan review--Building, Fire. Inspection--Building)
(f) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length. Exceptions are
allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
(g) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. Lighting shall also be required to illuminate the exit discharge. In all buildings, rooms or
spaces required to have more than one exit or exit access, means of egress lighting shall be connected to
an emergency electrical system conforming to NFPA 70 (NEC) except that continued illumination shall be
required to be provided for not less than one hour in the case of primary power loss.
1. Means of egress lighting shall be wired on a circuit independent of circuits within any dwelling unit.
The disconnecting means and over current protection device shall not be located within a dwelling unit
or such that access must be obtained by going through a dwelling unit. (Plan review--Building, Fire,
Electric. Inspection--Building)
(h) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the criteria contained in (h)1 and 2 below:
1. Red or green letters at least six inches high; minimum width of each stroke ¾ inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs.
3. Exceptions: Illuminated exit signs shall not be required for buildings with an occupant load,
excluding staff, of 20 or less or when the second means of egress is a fire escape that is accessed
directly from the individual sleeping room. (Plan review--Building, Fire. Inspection--Building)
(i) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(j) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
Page 4 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
(k) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical
openings shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required.
3. For vertical openings not exceeding three stories, a minimum 30-minute UFC fire barrier shall be
required, with the following exceptions:
i. Buildings with an automatic sprinkler system throughout; or
ii. When the vertical opening connects not more than two floor levels and not more than four
dwelling units per floor provided that each dwelling unit has access to a fire escape or other
approved secondary exit; or
iii. Owner-occupied buildings with not more than four dwelling units per floor, and in which the
following conditions are met:
(1) Every sleeping room is provided with an operable window having a sill height not greater
than 44 inches;
(2) Every dwelling unit or sleeping room above the second floor is provided with direct access
to a fire escape or other approved secondary exit; and
(3) The building is protected throughout by a supervised, automatic fire alarm system, installed
in accordance with the UCC. (Plan review--Building, Fire. Inspection--Building)
(l) Transoms and Other Interior Openings: All transoms shall be either glazed with 1/4 inch wire glass set
in metal frames and permanently secured in the closed position or sealed with materials consistent with the
corridor construction. Any other sash, grill or opening in a corridor, and any window in a corridor not
opening to the outside air shall be sealed with materials consistent with the corridor construction. (Plan
review--Building, Fire. Inspection--Building)
(m) Boiler/Furnace Equipment Rooms: Boiler/furnace equipment rooms shall be enclosed by one hour fire-
rated wall and ceiling assemblies.
1. Exception: Enclosure shall not be required for boiler/furnace equipment of low pressure type
(operating at pressures of 15 psig or less for steam equipment or 160 psig or less for hot water
equipment) when installed in accordance with manufacturer's recommendations or for boiler/furnace
equipment of residential, single-family type (200,000 BTU per hour input rating or less.)
2. Exception: Enclosure shall not be required for boiler/furnace equipment rooms equipped with a
limited area sprinkler system in accordance with Section 903.3.8 of the building subcode.
3. For group homes and supervised transitional living homes heated by oil-burning equipment, an
emergency shutoff switch is required at top of the stairs leading to the basement for equipment in the
basement or outside of the room for equipment located in other enclosed rooms. (Plan review--
Building, Fire. Inspection--Building)
(n) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation
and which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or
replaced in accordance with the applicable structural design criteria of the building subcode. Where
structural elements are sound, there is no excessive deflection (defined as deflection in excess of the
standards set forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase
the stresses on existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing
structural elements shall be permitted to remain. (Building)
(o) Electrical Equipment and Wiring:
Page 5 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
1. All areas shall have receptacle and lighting outlets in accordance with Section 210.52 and 210.70,
respectively, of the electrical subcode.
i. In the event that receptacle and lighting outlets cannot be installed in the required locations
without updating the small appliance branch circuits, kitchen areas shall have a minimum of two
duplex receptacle outlets or equivalent and a switch controlled lighting outlet. At least one of the
required duplex receptacles shall be provided to serve counter space.
2. Electrical service equipment (overcurrent devices) shall be located where they will not be subject to
physical damage and shall not be located in the vicinity of easily ignitible material.
3. All 125 volt, single-phase, 15 and 20 ampere receptacles in locations specified in Section 210.8(A)
of the electrical subcode shall have ground-fault circuit protection for personnel.
4. All 125 volt, single phase, 15 and 20 ampere receptacles in locations specified in Section 210.52 of
the electrical subcode shall be tamper resistant as specified in Section 406.12 of the electrical subcode.
(Electrical)
(p) Plumbing Fixtures: Plumbing fixtures shall be provided as required by Table 7.21.1 of the plumbing
subcode. Where the plumbing subcode allows for the substitution or omission of fixtures, such substitutions
or omissions shall also be permitted under this section. (Plumbing)
(q) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(r) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
(s) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
1. Exception: Specific occupancy areas within and serving a dwelling unit are not required to comply
with this section. (Building)
(t) Accessibility: Accessible features shall be provided for all items that are part of the scope of work in
those buildings with four or more dwelling units that are required by Chapter 11 of the building subcode to
be accessible.
(u) Communicating Attic Spaces: Where adjacent dwelling units have communicating space in the attic, a
wall shall be constructed to provide a continuous one hour fire separation using construction materials
consistent with the existing wall or complying with the requirements for new structures. All work shall be
Page 6 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
performed on the side of the wall of the dwelling unit that is undergoing reconstruction. (Plan review--
Building, Fire. Inspection-- Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Inserted a new (b); recodified former (b) through (s) as (c) through (t); in the new (f), substituted "except that
continued illumination shall be required to be provided" for "to assure continued illumination" in the last sentence of
the introductory paragraph, and inserted a reference to electric plan review in 1; in the new (g), made an internal
reference change in the introductory paragraph, and rewrote the second sentence in 2; and rewrote the new (s).
Administrative change.
See: 32 N.J.R. 688(a).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (f), added second sentence in the introductory paragraph; and added (u).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (a)7, substituted "opening protectives and" for "opening protection"; in (l)2, substituted "Section 903.3.5.1.1" for
"Section 907.0"; in (n)7, substituted "210.8(A)" for "210-8(a)"; in (p)2i and in the first sentence of (p)2ii, substituted
"the International Mechanical Code, 2000 edition" for "ASHRAE 62-89"; in (u), substituted "Section 716" for "Section
721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Added a new (a); recodified former (a) to (u) as (b) to (v); in (k)3, inserted "UFC" following "30-minute"; substituted
references to automatic sprinkler for references to fire suppression throughout.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
Added (o)8; in (q)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (q)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a lesser
amount" following "ventilation air per person"; and in (v), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (v), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Page 7 of 7
§ 5:23-6.26 Basic requirements--Groups R-2 and R-4
Administrative correction.
See: 43 N.J.R. 3083(a).
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (b), substituted "or" for "and"; in (m)2, substituted "903.3.8" for "903.3.5.1.1" and
"building" for "Building"; in (o)7, deleted "(Electrical)" from the end; added new (o)8; recodified former (o)8 as (o)9;
in (o)9, inserted "(Electrical)"; in (t), substituted "Chapter 11 of the building" for "the barrier free"; and deleted (v).
Amended by R.2022 d.035, effective March 7, 2022.
See: 53 N.J.R. 977(a), 54 N.J.R. 417(a).
Rewrote the introductory paragraph of (o)1; recodified former (o)2 as (o)1i; in (o)1i, substituted "In the event that
lighting and receptacle outlets cannot be installed in the required locations without updating the small appliance
branch circuits, kitchen" for "Kitchen"; deleted former (o)3 through (o)5 and (o)9; and recodified former (o)6 through
(o)8 as (o)2 through (o)4.
Administrative correction, effective May 2, 2022.
See: 54 N.J.R. 1017(b).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.26A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.26A Supplemental requirements--Groups R-2 and R-4
(a) Automatic Sprinkler System: Automatic fire sprinkler systems shall be installed in Group R-2 and R-4 as
follows:
1. In Group R-2 buildings four or more stories in height (excluding basements), when the work area is
an entire floor, an automatic fire sprinkler system shall be installed throughout the work area.
2. In Group R-4 buildings where the occupant load of the work area exceeds eight occupants. (Fire)
(b) Manual Alarm Systems: When the work area exceeds 50 percent of the gross enclosed floor area of
the building, a manual fire alarm system shall be required throughout the building.
1. Exception: No manual fire alarm system shall be required for buildings where all dwelling units are
located fewer than three stories above the lowest level of exit discharge or one story or less below the
highest level of exit discharge serving the dwelling unit(s). (Fire)
(c) Smoke Detection Systems: When the work area exceeds 25 percent of the gross enclosed floor area of
the building, approved smoke detection systems shall be located in all interior common areas. Such
systems shall be powered by an alternating current (AC) constantly active electric circuit that cannot be
deactivated by the operation of any interconnected switching device and shall comply with the electrical
subcode, except as otherwise provided in this section. Such systems shall be on circuitry that is connected
into the building owner's electric meter.
1. In multiple dwellings six stories or more in height and having 30 or more dwelling units, such
systems:
i. Shall be connected to a supervisory type listed control panel conforming to U.L. 864
requirements and NFPA 72 standards as adopted by the building subcode, except as otherwise
provided in this section;
ii. Shall be powered by an approved emergency power source as installed in conformance with the
electrical subcode; and
iii. Shall have a control panel of the multi-zoned type that will visually indicate the floor or zone
from which the alarm is activated, which panel shall be located in accordance with NFPA 72
standards as adopted by the building subcode or as directed by the local fire subcode official.
2. A pre-signal alarm feature is not permitted.
3. The separate zoning of floors in high-rise buildings for selective floor evacuation is permitted at the
discretion of the fire subcode official in consultation with the fire department.
4. Alarms shall be located so as to be effectively heard above all other sounds, by all the occupants, in
every occupied space within the building not separated by fire walls having a fire-resistance rating of at
least two hours.
5. With the approval of the fire subcode official, fixed temperature heat detectors in those locations
where frequent nuisance alarms would be likely to occur. Such building spaces include, but are not
Page 2 of 5
§ 5:23-6.26A Supplemental requirements--Groups R-2 and R-4
limited to, garages, crawl spaces, uninhabitable attics, heater and boiler rooms, laundry rooms,
kitchens, restaurant service areas, and other rooms where the ambient temperatures are below 40
degrees Fahrenheit or above 100 degrees Fahrenheit and/or have a relative humidity either below 20
percent or above 85 percent or where environmental conditions are likely to produce nuisance alarms.
6. Existing common area smoke detection systems that were installed in compliance with this
subchapter or with the Regulations Governing Rooming and Boarding Houses or Regulations for the
Maintenance of Hotels and Multiple Dwellings and maintained in accordance with N.J.A.C. 5:70-3, for
which a construction permit was issued subject to plan review approval, shall be accepted as
conforming to this section. (Fire)
(d) Smoke Detection within Dwelling Units: Smoke alarms shall be provided within dwelling units as
follows:
1. When the work area is an entire dwelling unit, smoke alarms that meet the specifications of the
building subcode shall be installed. The smoke alarms shall be installed in the locations indicated in the
building subcode and placed within those locations in accordance with NFPA 72.
2. When any work is undertaken within a dwelling unit, single station smoke alarms shall be installed.
(Battery-powered units shall be permitted.) The smoke alarms shall be installed in the locations
indicated in the building subcode and placed within those locations in accordance with NFPA 72. (Fire)
(e) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels.
3. A minimum 30-minute UFC fire barrier shall be required for interior stairways and other vertical
openings not exceeding three stories. Exceptions shall be permitted as follows:
i. Buildings with an automatic sprinkler system throughout;
ii. When the vertical opening connects not more than two floor levels with not more than four
dwelling units per floor and each dwelling unit has access to a fire escape or other approved
secondary exit; or
iii. Owner-occupied buildings with not more than four dwelling units per floor, and in which the
following conditions are met:
(1) Every sleeping room is provided with an approved, operable window having a sill height not
greater than 44 inches;
(2) Every dwelling unit or sleeping room above the second floor is provided with direct access
to a fire escape or other approved secondary exit; and
(3) The building is protected throughout by a supervised, automatic fire alarm system, installed
in accordance with the UCC. (Plan review--Building, Fire. Inspection--Building)
(f) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle, shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
Page 3 of 5
§ 5:23-6.26A Supplemental requirements--Groups R-2 and R-4
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
4. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, central control station and communication systems shall be
provided as follows:
i. An approved public address communication system consisting of loudspeakers in each common
corridor, each elevator and elevator lobby and in each stair enclosure which shall be capable of
being operated from the central control station;
ii. A two-way fire department communication system which shall operate between the central
control and every elevator, elevator lobby and entry to enclosed exit stairways;
iii. A central control station for fire department operations shall be provided in a location approved
by the fire department. It shall contain the public address panel, the fire department
communications panel, fire detection and alarm system annunciator panels, status indicators and
controls for air handling systems, sprinkler valve and water flow detector display panels, and status
indicators and a telephone for fire department use with controlled access to the public telephone
system. (Fire)
(g) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g).
1. Exception: Elevator devices wholly within individual dwelling units and not accessible to the general
public shall not be required to comply. (Elevator)
History
Page 4 of 5
§ 5:23-6.26A Supplemental requirements--Groups R-2 and R-4
HISTORY:
Amended by R.1999 d.259, effective August 16, 1999.
See: 31 N.J.R. 825(a), 31 N.J.R. 2330(a).
Inserted (e); and recodified existing (e) through (g) as (f) through (h).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c)6 and in (g)2i, updated N.J.A.C. reference.
Amended by R.2002 d.15, effective January 22, 2002.
See: 33 N.J.R. 2933(b), 33 N.J.R. 3883(a), 34 N.J.R. 521(a).
In (e), substituted "alarms" for "detectors" and added the last sentence in the introductory paragraph, and rewrote
1.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted former (e); recodified former (f) through (h) as (e) through (g).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Substituted references to automatic sprinkler for references to fire suppression throughout; rewrote (a); in (e)3,
inserted "UFC" following "30-minute".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (c), substituted "05" for "93" and "02" for "90" throughout.
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In the introductory paragraph of (d) and in (d)1 and (d)2, substituted "alarms" for "detectors" throughout; and in
(f)1, deleted "or exhaust" preceding the first and second occurrences of "system".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (c), substituted "the electrical subcode" for "NFPA 70-05 (National Electric Code)
requirements"; in (c)1i and (c)1iii, deleted "-02" following "72" and inserted "as adopted by the building subcode";
and in (c)1ii, substituted "the electrical subcode; and" for "NFPA 70-05 (National Electric Code)".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
Page 5 of 5
§ 5:23-6.26A Supplemental requirements--Groups R-2 and R-4
End of Document
N.J.A.C. 5:23-6.27
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.27 Basic requirements--Groups R-3 and R-5
(a) Smoke Detection within Dwelling Units: Smoke alarms that meet the specifications of the building
subcode or one- and two-family dwelling subcode, as applicable, shall be installed. The smoke alarms shall
be installed in the locations indicated in the building subcode or one- and two-family dwelling subcode, as
applicable, and placed within those locations in accordance with NFPA 72. (Fire.)
(b) Egress Windows:
1. When the building is used as a bed and breakfast, every sleeping room below the fourth story shall
be provided with an operable window having a sill height of not more than 44 inches.
i. Windows in sleeping rooms shall not be required to meet these requirements in buildings where
the sleeping room is provided with a door to a corridor having access to two remote exits or in
buildings equipped throughout with an automatic sprinkler system.
2. When the work being performed creates a bedroom below the fourth floor, at least one sleeping
room window or exterior door shall:
i. Be operable;
ii. Have a sill height of not more than 44 inches; and
iii. Have a width of at least 20 inches, a height of at least 24 inches, and have a minimum total
area of 5.7 square feet measured from head to sill and side to side.
iv. Windows are not required to meet these requirements in buildings where the sleeping room is
provided with a door to a corridor having access to two remote exits or in buildings equipped
throughout with an automatic sprinkler system. (Plan review--Building, Fire. Inspection--Building)
(c) When the work being performed creates living space over a private garage, the private garage shall
comply with Section 406.3.2 of the building subcode for fire resistance rating or Section R302.6 of the one-
and two-family dwelling subcode, as applicable.
(d) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation
and which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or
replaced in accordance with the applicable structural design criteria of the building subcode or one- and
two-family dwelling subcode, as applicable. Where structural elements are sound, there is no excessive
deflection (defined as deflection in excess of the standards set forth in N.J.A.C. 5:23-6.7(c)1), and fixed
loads are not changing in a way that will increase the stresses on existing structures beyond that which is
permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall be permitted to remain. (Building)
(e) When the work being performed creates an additional dwelling unit within the building, the new dwelling
unit shall be separated from the existing dwelling unit(s) with fire partitions or horizontal assemblies having
a fire resistance rating of not less than one hour constructed in accordance with Sections 708 and 711 of
the building subcode or R302 of the one- and two-family dwelling subcode, as applicable.
(f) Electrical equipment and Wiring:
Page 2 of 4
§ 5:23-6.27 Basic requirements--Groups R-3 and R-5
1. All areas shall have receptacle and lighting outlets in accordance with Sections 210.52 and 210.70,
respectively, of the electrical subcode.
i. In the event that receptacle and lighting outlets cannot be installed in the required locations
without updating the small appliance branch circuits, kitchen areas shall have a minimum of two
duplex receptacle outlets or equivalent and one switch controlled lighting outlet. At least one of the
required duplex receptacles shall be provided to serve counter space.
2. Electrical service equipment (overcurrent devices) shall be located where they will not be subject to
physical damage and shall not be located in the vicinity of easily ignitible material.
3. All 125 volt, single-phase, 15 and 20 ampere receptacles in locations specified in Section 210.8(A)
of the electrical subcode shall have ground-fault circuit protection for personnel.
4. All 125 volt, single phase, 15 and 20 ampere receptacles in locations specified in Section 210.52 of
the electrical subcode shall be tamper resistant as specified in Section 406.12 of the electrical subcode.
(Electrical)
(g) Communicating Attic Spaces: Where adjacent dwelling units have communicating space in the attic, a
wall shall be constructed to provide a continuous one hour fire separation using construction materials
consistent with the existing wall or complying with the requirements for new structures. All work shall be
performed on the side of the wall of the dwelling unit that is undergoing reconstruction. (Plan review --
Building, Fire. Inspection-- Building)
(h) Plumbing Fixtures: Each dwelling unit shall be provided with a minimum of one kitchen sink, one water
closet, one lavatory, and one bathtub or shower or bathtub/shower combination.
History
HISTORY:
Amended by R.1999 d.259, effective August 16, 1999.
See: 31 N.J.R. 825(a), 31 N.J.R. 2330(a).
Inserted (b); and recodified existing (b) through (e) as (c) through (f).
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
Rewrote (c); inserted a new (d); recodified former (d) through (f) as (e) through (g); and added (h).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
Added (i).
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Deleted former (b); recodified former (c) through (i) as (b) through (h).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (c), substituted "Section R309" for "section 407"; in (e)7, substituted "Section 210.8(A)" for "Section 210-8(a)"; in
(h), substituted "Section 716" for "Section 721.0".
Page 3 of 4
§ 5:23-6.27 Basic requirements--Groups R-3 and R-5
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (b), substituted "sprinkler" for "fire suppression" in 1i and 2iv; added a new (e) and recodified former (e) through
(h) as (f) through (i).
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
Added (f)8; in (i), added "for Group R-3 or Sections R502.12 and R.602.8 of the one- and two- family subcode for
Group R-5".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (a), inserted "or one- and two-family dwelling subcode, as applicable," in two places; in (c), substituted "406.1.4"
for "R309", and inserted "or Section R309 of the one- and two-family dwelling subcode, as applicable"; in (e),
substituted "711" for "710", and "R317.1" for "R321.1"; and in (i), substituted "717" for "716", and inserted
"dwelling".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (a), substituted "alarms" for "detectors" twice; and in (i), inserted "creates or" and deleted "exposed" preceding
the second occurrence of "framing".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In (c), substituted "R302.6" for "R309"; in (e), substituted "709 and 712" for "708 and 711" and "R302" for
"R317.1"; and in (i), substituted "R302.11 and R302.12" for "R502.12 and R602.8".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (b)1i, deleted "(Plan review--Building, Fire. Inspection--Building)" from the end; in (b)2iv, inserted "(Plan review--
Building, Fire. Inspection--Building)"; in (d), inserted "or one- and two-family dwelling subcode, as applicable"; in (e),
substituted "708 and 711" for "709 and 712"; in (f)7, deleted "(Electrical)" from the end; added new (f)8; recodified
former (f)8 as (f)9; in (f)9, inserted "(Electrical)"; and deleted (i).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (c), substituted "406.3.2" for "406.1.4".
Amended by R.2022 d.035, effective March 7, 2022.
See: 53 N.J.R. 977(a), 54 N.J.R. 417(a).
Rewrote the introductory paragraph of (f)1; recodified former (f)2 as (f)1i; in (f)1i, substituted "In the event that
lighting and receptacle outlets cannot be installed in the required locations without updating the small appliance
branch circuits, kitchen" for "Kitchen"; deleted former (f)3 through (f)5 and (f)9; and recodified former (f)6 through
(f)8 as (f)2 through (f)4.
Administrative correction, effective May 2, 2022.
Page 4 of 4
§ 5:23-6.27 Basic requirements--Groups R-3 and R-5
See: 54 N.J.R. 1017(b).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.27A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.27A Supplemental requirements--Groups R-3 and R-5
There are no supplemental requirements applicable to Groups R-3 and R-5.
History
HISTORY:
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Substituted "R-3 and R-5" for "R-3/R-4".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted "Use" preceding "Groups".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.28
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.28 Basic requirements--Group S
(a) Exits: Two exits shall be required for stories with less than 500 occupants. Three exits shall be required
for stories with 501 to 1,000 occupants. Four exits shall be required for stories with more than 1,000
occupants. Two means of egress are also required from all mezzanines with an occupant load greater than
30 or with an exit travel distance greater than 100 feet.
1. When more than one exit is required, existing fire escapes shall be accepted as providing one of the
required means of egress unless judged to be dangerous for use under emergency exiting conditions.
For use of fire escapes, access shall be through a door except when serving an occupant load of 10 or
fewer. All occupants shall have unobstructed access to fire escapes without having to pass through a
room subject to locking.
i. When more than one exit is required and there is not sufficient space for an exterior stair within
the lot line, a new fire escape shall be accepted as providing one of the required means of egress.
Newly-installed fire escapes shall comply with FTO-3.
2. A single exit is permitted in the story at the level of exit discharge when the occupant load of the
story does not exceed 30 and the exit access travel distance does not exceed 100 feet.
3. A single exit is permitted in open parking structures where vehicles are mechanically parked.
4. A single exit is permitted in buildings of Group S-2 not more than two stories in height, with not more
than 3,000 square feet per floor when the exit access travel distance does not exceed 50 feet and a
minimum fire resistance rating of one hour is provided for the exit enclosure and the opening protection.
(Plan review--Building, Fire. Inspection--Building)
(b) Egress Doorways: A minimum of two egress doorways shall be required for all rooms and spaces with
an occupant load greater than 30 or in which the travel distance exceeds 100 feet. All egress doors serving
an occupant load greater than 50 shall swing in the direction of exit travel.
1. Exception: Storage rooms with a maximum occupant load of 10 shall not be required to have two
egress doorways. (Plan review--Building, Fire. Inspection--Building)
(c) Capacity of Means of Egress: The capacity of the means of egress in each work area shall be
determined in accordance with N.J.A.C. 5:23-6.11(b). (Plan review--Building, Fire. Inspection--Building)
(d) Dead End Corridors: Existing dead end corridors shall not exceed 35 feet in length. Exceptions are
allowed as follows:
1. Dead end corridors may be up to 50 feet in length in a building with an automatic alarm system
installed in conformance with the building code in effect at the time of its installation.
2. Dead end corridors may be up to 70 feet in length in a building with an automatic sprinkler system
installed in conformance with the building code in effect at the time of its installation. (Plan review--
Building, Fire. Inspection--Building)
Page 2 of 4
§ 5:23-6.28 Basic requirements--Group S
(e) Means of Egress Lighting: Artificial lighting with an intensity of not less than one foot candle at floor
level shall be required during all times that the conditions of occupancy of the building require that the exits
be available. In all buildings, rooms or spaces required to have more than one exit or exit access, means of
egress lighting shall be connected to an emergency electrical system conforming to NFPA 70 (NEC) except
that continued illumination shall be required to be provided for not less than one hour in the case of primary
power loss.
1. Exception: Lighting to illuminate the exit discharge shall not be required. (Plan review--Building, Fire,
Electric. Inspection--Building)
(f) Illuminated Exit Signs: Illuminated exit signs shall be provided for all required means of egress in all
buildings, rooms or spaces required to have more than one exit or exit access. Exit signs shall be visible
from the exit access and supplemented by directional signs when necessary. (Exception: Approved main
exterior doors that are clearly identified as exits are not required to have exit signs.) Exit signs shall meet
the following criteria:
1. Red or green letters at least six inches high; minimum width of each stroke 3/4 inch on a white
background or in other approved distinguishable colors. Arrows, if provided, shall be such that the
direction cannot readily be changed. The word "Exit" shall be clearly discernible when the sign is not
energized.
2. Exit signs shall be illuminated at all times when the building is occupied by a source providing at
least five foot candles at the illuminated surface or shall be approved self-luminous signs which provide
evenly illuminated letters with a minimum luminance of 0.06 foot lamberts. Exit signs shall be
connected to an emergency electrical system conforming to NFPA 70 (NEC) except that continued
illumination shall be required to be provided for not less than one hour in the case of primary power
loss. No emergency power shall be required for approved self-luminous signs. (Plan review--Building,
Fire. Inspection--Building)
(g) Handrails: Every required exit stairway having three or more risers and not provided with handrails or in
which the existing handrails are in danger of collapsing when used under emergency exiting conditions,
shall be provided with handrails for the full length of the run of steps on at least one side. All exit stairways
more than 66 inches wide shall have handrails on both sides unless the full width of the stairway is not
needed to accommodate the design occupancy. (Plan review--Building, Fire. Inspection--Building)
(h) Guards: Every open portion of a stair, landing or balcony which is more than 30 inches above the floor
or grade below and is not provided with guards or those in which the existing guards are in danger of
collapsing when used under emergency exiting conditions, shall be provided with guards. (Plan review--
Building, Fire. Inspection--Building)
(i) Vertical Opening Protection: Vertical opening protection for interior stairways and other vertical openings
shall be provided as follows:
1. For vertical openings connecting more than six floor levels, approved assemblies having a fire
resistance rating of not less than two hours with approved opening protectives shall be required.
2. For vertical openings connecting four to six floor levels, approved assemblies having a fire
resistance rating of not less than one hour with approved opening protectives shall be required. (Plan
review--Building, Fire. Inspection--Building)
(j) Structural Elements: Structural elements which are uncovered during the course of the rehabilitation and
which are found to be unsound or otherwise structurally deficient, shall be reinforced, supported or replaced
in accordance with the applicable structural design criteria of the building subcode. Where structural
elements are sound, there is no excessive deflection (defined as deflection in excess of the standards set
forth in N.J.A.C. 5:23-6.7(c)1), and fixed loads are not changing in a way that will increase the stresses on
existing structures beyond that which is permitted by N.J.A.C. 5:23-6.7(c), existing structural elements shall
be permitted to remain. (Building)
Page 3 of 4
§ 5:23-6.28 Basic requirements--Group S
(k) Plumbing Fixtures: Plumbing fixtures shall be provided as follows. Where the plumbing subcode allows
for the substitution or omission of fixtures, such substitutions or omissions shall also be permitted under this
section. (Plumbing)
Total
Water Closets
Lavatories
Drinking Water
Service
Occupancy<1>
Facilities
Sinks
1-15
1 Unisex
1
1
1
16 and over
Fixtures to be provided as per Table 7.21.1 of the
plumbing subcode.
Note 1. For purposes of determining the number of plumbing fixtures required, total occupancy shall be
the anticipated occupancy of the building under normal use conditions. It is not necessarily the same as the
total permitted occupant load based on egress capacity.
(l) Mechanical Requirements: All spaces intended for occupancy shall be provided with either natural or
mechanical ventilation.
1. Spaces intended to be naturally ventilated shall be provided with openable doors, windows, louvers,
or other openings to the outdoors. The minimum openable area to the outdoors shall be four percent of
the floor area being ventilated. Where rooms without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the
floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the
outdoors shall be based on the total floor area being ventilated.
2. Mechanically-ventilated spaces shall comply with the following:
i. Newly-installed HVAC systems shall comply with the requirements of the mechanical subcode.
ii. Existing systems that are altered or extended shall not reduce the amount of outside air below
the existing rate per person or the rate included in the mechanical subcode, whichever is lower. As
a minimum, mechanically-ventilated spaces shall be provided with five CFM per person of outdoor
air and 15 CFM of ventilation air per person.
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities to be irritating or injurious to health shall be
provided with local exhaust. (Building)
(m) Interior finishes shall comply with N.J.A.C. 5:23-6.11(c). (Plan review--Building, Fire. Inspection--
Building)
(n) Specific Occupancy Areas: Specific occupancy areas within the work area, as listed in N.J.A.C. 5:23-
6.30(h), shall comply with the requirements established in that section for separation and/or protection.
(Building)
History
HISTORY:
Administrative correction.
See: 30 N.J.R. 539(a).
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (e), substituted "except that continued illumination shall be required to be provided" for "to assure continued
illumination" in the last sentence of the introductory paragraph, and inserted a reference to electric plan review in 1;
and in (f)2, rewrote the second sentence.
Page 4 of 4
§ 5:23-6.28 Basic requirements--Group S
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
Added ( o).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In ( l)2i and in the first sentence of ( l)2ii, substituted "the International Mechanical Code, 2000 edition" for
"ASHRAE 62-89"; in ( o), substituted "Section 716" for "Section 721.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (a), inserted "an" preceding "exit" in the last sentence of the introductory paragraph, and deleted "Use"
preceding "Group" in 4; in (b), substituted "30" for "50" following "load greater than" and "100" for "75" preceding
"feet"; in (d)2, substituted "an automatic sprinkler" for "a suppression" preceding "system".
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In ( l)2i and ii, substituted "mechanical subcode" for "International Mechanical Code, 2000 edition".
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In ( l)2ii, deleted "unless the indoor air quality procedure of ASHRAE 62-89 is followed and results in a lesser
amount" following "ventilation air per person"; and in ( o), substituted "717" for "716".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In ( o), inserted "creates or" and deleted "exposed" preceding the second occurrence of "framing".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (a), substituted "or" for "and"; and deleted ( o).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.28A
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.28A Supplemental requirements--Group S
(a) Automatic Sprinkler System: In buildings with a Group S-1 fire area greater than 12,000 square feet or
a Group S-1 fire area more than three stories in height, when the work area exceeds 50 percent of the
gross enclosed floor area of the building, an automatic sprinkler system shall be provided throughout the
entire building.
(b) Manual Alarm System: For buildings greater than three stories in height with occupant loads over 25,
when the work area exceeds 50 percent of the gross enclosed floor area of the building, manual fire alarms
shall be required throughout the building.
1. Exception: Manual alarm systems shall not be required in buildings equipped throughout with an
automatic sprinkler system. (Fire)
(c) Vertical Opening Protection: When the work area exceeds 50 percent of the gross enclosed floor area
of the building, vertical opening protection shall be provided throughout the building as follows:
1. A minimum two hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting more than six floor levels.
2. A minimum one hour fire rated assembly with approved opening protectives shall be required for
interior stairways and other vertical openings connecting four to six floor levels. (Plan review--Building,
Fire. Inspection--Building)
(d) Requirements for high-rise buildings: Any building or structure having one or more floors used for
human occupancy located either more than six stories or more than 75 feet above the lowest level
accessible to a fire department vehicle shall comply with the following:
1. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area served by a recirculating air system, the recirculating air system which serves the
work area shall be equipped with approved smoke and heat detection devices installed in accordance
with the UCC. The devices shall stop the fan(s) automatically and shall be of the manual reset type.
Automatic fan shutdown is not required when the system is part of an approved smoke removal or
smoke control system. (Building)
2. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, all elevators in the building shall be equipped with the following
emergency control devices:
i. All automatic (nondesignated attendant) elevators having a travel distance of 25 feet or more
above or below the designated level shall be equipped with Phase 1 Emergency Recall Operation
as required by ASME A17.1-1987, Rules 211.3a and 211.3b listed in N.J.A.C. 5:70-3;
ii. At least one elevator shall be equipped with Phase II Emergency In-Car Operation, as required
by ASME A17.1-1987, Rule 211.3c;
(1) In buildings with multiple elevators, at least one elevator to each floor served by an elevator
shall be equipped with Phase II Emergency In-Car Operation; and
Page 2 of 3
§ 5:23-6.28A Supplemental requirements--Group S
iii. All designated attendant elevators having a travel distance of 25 feet or more above or below
the designated level shall be equipped with emergency controls, as required by ASME A17.1-1987,
Rule 211.4. (Elevator)
3. When the work area is one entire floor or more or when the work area is 20 percent or more of the
occupied floor area of the building, standpipes shall be provided up to and including the highest floor
that is part of the work area. The standpipes shall be located and installed in accordance with the
building subcode, except as follows:
i. No pump shall be required provided that the standpipes are capable of accepting delivery by fire
department apparatus of a minimum of 250 gpm at 65 psi to the topmost floor in buildings equipped
throughout with an automatic sprinkler system or a minimum of 500 gpm at 65 psi to the topmost
floor in all other buildings. (Where the standpipe terminates below the topmost floor, the standpipe
shall be designed to meet these requirements (gpm/psi) for possible future extension of the
standpipe.)
ii. Hose and hose cabinets shall not be required. (Fire)
(e) Elevator Devices: When the work area exceeds 50 percent of the gross enclosed floor area of the
building, all elevator devices serving any part of the work area shall comply with the requirements of
N.J.A.C. 5:23-6.30(g). (Elevator)
(f) Public Garages: When the work area exceeds 50 percent of the gross floor area of a public garage, the
entire building is required to comply with Sections 406.2.5, 406.2.8, 406.2.9, 406.4.1, 406.4.2, 406.5.3,
406.5.7, 406.5.8, 406.5.9, 406.5.10, 406.5.11, 406.6.2, and 406.6.3 of the building subcode.
History
HISTORY:
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (c)2i, updated N.J.A.C. reference.
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (e), substituted "Section 406.3" for "Section 408.0, except Subsection 408.3.3,".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Added a new (a); recodified former (a) through (e) as (b) through (f); in (b)1 and (d)3i, substituted references to
automatic sprinkler for references to fire suppression preceding "system".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (d)1, deleted "or exhaust" preceding the first and second occurrences of "system".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In (f), substituted "Sections 406.2 and" for "Section".
Page 3 of 3
§ 5:23-6.28A Supplemental requirements--Group S
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote (f).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (f), substituted "406.2.5, 406.2.8, 406.2.9, 406.4.1, 406.4.2," for "406.4.2, 406.4.3, 406.4.6, 406.4.7, 406.4.8".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.29
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.29 Mixed use buildings
(a) Each portion of a building shall be separately classified as to use. The requirements of this subcode
shall apply to each portion of the building based on the group of that portion, except that the most restrictive
requirements of this subcode for an automatic sprinkler system shall apply to the entire building.
1. Exception: An automatic sprinkler system shall not be required for uses that would not otherwise
need an automatic sprinkler system provided that there is a one-hour fire separation between the
use(s) requiring an automatic sprinkler system and the other use(s) in the same building. A two-hour
fire separation assembly shall be required to apply this exception in any building where one or more of
the uses is H. (Plan review--Building, Fire. Inspection--Building)
(b) Separation: In any nonresidential use located below or attached to one or more dwelling units, when
the work area exceeds 50 percent of the gross enclosed floor area of the nonresidential use, the
nonresidential use shall be separated from the residential use by a one hour fire resistance-rated wall or
ceiling assembly designed to protect the dwelling unit(s) attached or above. (Plan review--Building, Fire.
Inspection--Building)
(c) Alarms: In any nonresidential use located below or attached to one or more dwelling units (including
single room occupancies), when the work area exceeds 50 percent of the gross enclosed floor area of the
nonresidential use, single or multiple station smoke alarms shall be installed in the nonresidential portion(s)
of the building in accordance with NFPA 72 and provided with an audible alarm located within each dwelling
unit of the residential portion of the building. The alarms shall be AC powered with battery back-up. Hard-
wired, interconnected smoke alarms installed throughout the building shall be accepted as meeting this
requirement. (Fire)
History
HISTORY:
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (a), substituted references to automatic sprinkler for references to fire suppression throughout and deleted "use"
preceding "group of that portion" in the introductory paragraph.
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (c), substituted "alarms" for "detectors" throughout.
Amended by R.2017 d.077, effective May 1, 2017.
Page 2 of 2
§ 5:23-6.29 Mixed use buildings
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (b) and (c), inserted "or attached to"; and in (b), inserted "wall or" and "attached or".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.30
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.30 Special technical requirements--all groups
(a) The requirements of this section shall apply to reconstruction projects in all groups except R-3 and R-5.
(b) When an automatic sprinkler system is required or provided, the sprinkler riser shall be sized to serve
the entire building even if the system currently being installed serves only a portion of the building.
1. Exception: This requirement shall not apply to limited area sprinkler systems installed in accordance
with Section 903.3.8 of the building subcode. (Fire)
(c) Windowless stories: In all buildings, any windowless basement or story located below the seventh story
which is created by the work being performed or any existing windowless basement or story located below
the seventh story in which the work area exceeds 50 percent of the gross enclosed floor area of the
windowless story shall be equipped throughout with an automatic sprinkler system installed in accordance
with the New Jersey Uniform Construction Code.
1. Stories or basements shall not be considered windowless when there is provided on at least one
side of such story or basement firefighter access through openings, such as windows, doors or access
panels, that are located entirely above the adjoining grade level.
2. Such openings shall be at least:
i. Thirty-two inches by 48 inches in size, spaced not more than 100 feet apart in each story or
basement; or
ii. Twenty-two inches by 42 inches in size, spaced not more than 30 feet apart in each story or
basement.
3. All openings for firefighter access shall conform to all the following:
i. Openings shall be unobstructed to allow fire fighting and rescue operations from the exterior;
ii. Openings in stories at or above grade shall have a sill height of not more than 36 inches as
measured from the finished floor level. Openings in basements shall have no sill height restrictions;
and
iii. Openings shall be readily identifiable and openable from the outside.
4. When openings in a story are provided on only one side and the opposite wall of such story is more
than 75 feet from such openings, the story shall be considered windowless unless openings as
specified above are provided on at least two sides of the exterior walls of the story.
5. If any portion of a basement is located more than 75 feet from openings as specified above, the
basement shall be considered windowless.
6. Windowless basements not exceeding 3,000 square feet in area shall be exempt from this
automatic sprinkler system requirement, provided a supervised automatic fire alarm system shall be
installed in accordance with the New Jersey Uniform Construction Code.
Page 2 of 4
§ 5:23-6.30 Special technical requirements--all groups
7. In windowless basements greater than 3,000 square feet, but not exceeding 10,000 square feet in
area, the required automatic sprinkler system need not be connected to a water supply other than an
existing domestic supply if the following conditions are met:
i. The automatic sprinkler system shall be provided with a fire department connection, which shall
be marked with a sign reading "Basement Area Sprinkler Water Supply"; and
ii. A supervised automatic fire alarm system shall be installed in accordance with the New Jersey
Uniform Construction Code. (Fire)
(d) Supervision of automatic sprinkler systems: When automatic sprinkler systems are required by this
subcode to be supervised, this shall be accomplished by one of the following methods as determined by the
fire subcode official:
1. Approved central station system in accordance with NFPA 72;
2. Approved proprietary system in accordance with NFPA 72;
3. Approved remote station system of the jurisdiction in accordance with NFPA 72; or
4. Approved local alarm service which will cause the sounding of an alarm in accordance with NFPA
72;
5. The following are exceptions to (d) above:
i. Underground gate valves with roadway boxes;
ii. Halogenated extinguishing systems;
iii. Carbon-dioxide extinguishing systems;
iv. Dry chemical extinguishing systems; and
v. Limited area sprinkler systems. (Fire)
(e) Technical Requirements for Smoke Barriers: Wherever smoke barriers are required by this subchapter,
they shall be constructed in accordance with the following provisions:
1. Smoke barriers shall have a fire resistance rating of not less than one-half hour and shall form an
effective membrane continuous from outside wall to outside wall and from floor slab to floor or roof deck
above, including continuity through all concealed spaces, such as those found above suspended
ceilings, and including interstitial structural and mechanical spaces. Transfer grilles, whether equipped
with fusible link-operated dampers or not, shall not be used in these partitions. Wire glass panels not
exceeding 1,296 square inches in approved steel frames may be used in smoke barriers.
i. Exception: Smoke barriers are not required in interstitial spaces when such spaces are designed
and constructed with ceilings that provide resistance to the passage of fire and smoke equivalent to
that provided by smoke barriers.
2. A means of egress shall be provided from each smoke compartment created by smoke barriers
such that it is possible to reach an exit without re-entering the smoke compartment.
3. Doors in smoke barriers shall have a fire-resistance rating of not less than 20 minutes when tested
in accordance with ASTM E152 without the hose stream and labeled by an approved agency. Double
egress corridor doors shall have vision panels of one-quarter inch thick labeled wire glass mounted in
approved steel frames. Such panels may also be provided in other doors in smoke barriers. The glass
area of the vision panels shall be limited to 1,296 square inches for each door. The doors shall close
the openings with only the clearance necessary for proper operation under self-closing or automatic
closing and shall be without undercuts, louvers or grilles. Rabbets or astragals are required at the
meeting edges of double egress doors, and stops are required on the head and jambs of all doors in
smoke barriers. Positive latching devices are not required on double egress corridor doors, and center
mullions are prohibited.
Page 3 of 4
§ 5:23-6.30 Special technical requirements--all groups
i. Exception: Protection at the meeting edges of doors and stops at the head and sides of door
frames may be omitted in buildings equipped with an approved engineered smoke control system.
The engineered smoke control system shall respond automatically, preventing the transfer of
smoke across the barrier.
4. Doors in smoke barriers shall be self-closing or shall be provided with approved door hold-open
devices of the fail-safe type which shall release the doors causing them to close upon the actuation of
smoke detectors as well as upon the application of a maximum manual pull of 50 pounds against the
hold-open device.
5. An approved damper designed to resist the passage of smoke shall be provided at each point a duct
penetrates a smoke barrier. The damper shall close upon detection of smoke by an approved smoke
detector located within the duct.
i. In lieu of an approved smoke detector located within the duct, ducts which penetrate smoke
barriers above doors are permitted to have the approved damper arranged to close upon detection
of smoke on either side of the smoke barrier door opening.
ii. Dampers are not required in buildings equipped with an approved engineered smoke control
system.
iii. Dampers are not required where the openings in ducts are limited to a single smoke
compartment and the ducts are of steel construction. (Plan review--Building, Fire. Inspection--
Building)
(f) Existing alarm systems and automatic sprinkler systems shall be accepted provided that they meet the
requirements of N.J.A.C. 5:23-6.8, Materials and methods, or the standards applicable at the time of their
installation and provided that there is no increase in the hazard of the use or in the load. (Fire)
(g) Technical Requirements for Elevator Devices: Where elevator requirements are triggered by the
supplemental requirements for each group (N.J.A.C. 5:23-6.12A through 6.28A), the following shall apply:
1. Passenger elevators. Elevator devices accessible to the general public shall conform to:
i. ASME A17.3-2000 requirements for Hoistway Door Locking Devices, Parking Devices, and
Access (Sections 2.7, 4.1); Hoistway Entrances (Sections 2.6, 4.1); Power Operation of Doors and
Gates (Sections 2.8, 4.1); Floating Platforms (Section 3.3.4); Car Doors and Gates (Section 3.4.2);
Location of Car Doors and Gates (Section 3.4.3); Emergency Exits (Section 3.4.4); Car Illumination
(Section 3.4.5) and Protection of Light Bulbs and Tubes (Section 3.4.6); Terminal Stopping Devices
(Sections 3.9, 4.6); Operating Devices and Control Equipment (Sections 3.10, 4.7 except 4.7.8);
Car Emergency Signaling Devices (Sections 3.11.1 and 4.7.8); Stop Switch (Pits) (Sections 2.3.3,
4.1); Machine Rooms and Machinery Spaces: Lighting (Section 2.2.3) and Ventilation (Section
2.2.4) Check Valve (Hydraulic Elevators) (Section 4.4.2).
ii. ASME A17.1-1996 requirements for Shutoff Valve (Rule 303.4a) and Manual Lowering Valve
(Rule 303.4d)
2. Freight elevators. Elevators which are allowed to carry passengers by the authority having
jurisdiction shall conform to ASME A17.1-1996 Rule 207.4 and ASME A17.3-1993 requirements for Car
Frames and Platforms (Section 3.3) and Location of Car Doors and Gates (Section 3.4.3).
3. Elevators shall be equipped with emergency operation as required by ASME A.17.1-1987, Rules
211.3 through 211.4 and 211.7.
i. Phase II emergency operation shall be provided only if required by the requirements for high-rise
buildings contained in the supplemental requirements for each group, N.J.A.C. 5:23-6:12A through
6.28A. In addition, when phase II emergency operation is required, standby power shall be
provided. Standby power shall be installed in accordance with the electrical subcode. The elevator
powered by a standby power system shall be subject to the requirements of ANSI/ASME A17.1-
1996 Rule 211.2.
Page 4 of 4
§ 5:23-6.30 Special technical requirements--all groups
4. Escalators shall conform to ASME A17.3-2000 for Operating and Safety Devices (Section 5.3), Anti-
Slide Devices (5.1.4), Handrail Guards (5.1.6), Guards at Ceiling or Soffit Intersection (5.1.3), Lighting
(5.4), Distinction Between Comb and Step (5.5.2), Adjacent Floor Surfaces (5.5.3). (Elevator)
(h) Specific Occupancy Areas: Specific occupancy areas, as listed below, shall comply with the following:
1. Paint shops in other than Group F which contain chemicals below the exempt amount for Group H,
waste and soiled linen collection rooms and chute termination rooms shall be separated from other
portions of the building by a one-hour fire partition or provided with an automatic sprinkler system.
2. Incinerator rooms in all groups shall be separated from other portions of the building by a two-hour
fire separation assembly and provided with an automatic sprinkler system.
3. In Groups I-2, I-3 and I-4, physical plant maintenance shops, laundries in excess of 100 square feet
in area and padded cells shall be separated from other portions of the building by a one-hour fire
partition or provided with an automatic sprinkler system. (Building)
History
HISTORY:
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (a), substituted "R-5" for "R-4"; in (b)1, substituted "Section 903.3.5.1.1" for "Section 907.0"; in (g)1ii and (g)3i,
substituted "A17.1-1996" for "A17.1-1993"; in (g)1ii, deleted "Supply Line" preceding "Shutoff Valve"; in (h)3,
substituted ", I-3 and I-4" for "and I-3".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted references to use preceding references to group throughout and substituted references to automatic
sprinkler for references to fire suppression throughout.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (g)1i and (g)4, substituted "2000" for "1993".
Administrative correction.
See: 39 N.J.R. 3296(a).
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (b)1, substituted "903.3.8" for "903.3.5.1.1".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.31
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.31 Change of use
(a) General: The following are of general applicability to changes of use:
1. When the use of a building is changed, then the building must be brought into compliance with the
requirements of this section. Each of the lettered subsections of this section establishes a specific type
of requirement. This section establishes requirements for compliance with the basic requirements of
this subcode, for means of egress, for enclosure of vertical openings, for height and area limitation, for
exterior wall fire resistance, for automatic sprinkler systems, for fire alarm systems, for fire detection
systems, for structural soundness, for plumbing, electrical, and mechanical systems, and for
accessibility.
i. Limit on new buildings undergoing a change of use: Buildings that have been occupied for their
originally intended use for less than one year shall be required to comply with the requirements of
the Uniform Construction Code for new construction for the proposed use.
2. The subsections governing compliance with the basic requirements, means of egress, height and
area limitations, exterior wall fire resistance, and automatic sprinkler systems incorporate Relative
Group Hazard Index Tables. Compliance with the requirements of the subsection is required when the
change of use will increase the relative hazard. Each of the subsections should be applied separately
to the proposed new use.
3. This section may require an owner to undertake work in order to be permitted to change the use of a
building or a portion of a building. Additionally, the owner of a building may wish to undertake other
work not required by the section. That work must comply with the requirements for repair, renovation,
alteration, and/or reconstruction applicable to the new group in accordance with the provisions of this
subcode.
4. Fire protection system removal: Any fire protection system providing partial or redundant protection
originally installed to protect a special hazard that no longer exists and that is not required in
accordance with the current Uniform Construction Code, is allowed to be removed with the written
approval of the fire subcode official and fire official. All disconnected equipment and devices, such as
pull stations, nozzles, detectors, sprinklers, sensors, panels, and hose connections, shall be removed
so as not to give a false indication that the structure, area, or space is protected. (Fire)
5. Where the character of use of an existing building or portion thereof is changed to one of the
following special use or occupancy categories, the building or portion shall comply with the referenced
section of the building subcode specific to the special use or occupancy regardless of whether a
change of use group is involved.
i. Covered Mall and Open Mall Buildings--Section 402;
ii. Atriums--Sections 404;
iii. Underground Buildings--Section 405;
iv. Motor-Vehicle-Related Occupancies -- Section 406;
Page 2 of 23
§ 5:23-6.31 Change of use
v. Motion Picture Projection Rooms--Section 409;
vi. Stages, Platforms, and Technical Production Areas --Section 410;
vii. Special Amusement Areas--Section 411:
(1) A variation shall not be granted for the flame spread and smoke development ratings of
interior finish and trim requirements of Section 411.
(2) For the use of a building as a special amusement building, where a variation request has
been submitted, the Construction Official shall consult with the Fire Official as required by
N.J.A.C. 5:23-6.2(i).
viii. Aircraft-Related Occupancies--Section 412;
ix. Hazardous Materials--Section 414;
x. Spray Application of Flammable Finishes--Section 416;
xi. Drying Rooms--Section 417;
xii. Organic Coatings--Section 418;
xiii. Hydrogen Fuel Gas Rooms--Section 421;
xiv. Ambulatory Health Care Facilities-Section 422;
xv. Hyperbaric Facilities - Section 425;
xvi. Combustible Dusts, Grain Processing and Storage - Section 426;
xvii. Medical Gas Systems--Section 427; and
xviii. Higher Education Laboratories--Section 428.
xix. Live/Work Units--Section 508.5.
6. Any automatic sprinkler system or fire detection and/or alarm requirements applicable to the special
use or occupancy shall be applied throughout the entire building unless the special use or occupancy is
separated from the remainder of the building by fire separation assemblies having a rating of at least
two hours. (Fire)
7. Group overnight stays: If any non-residential occupancy, other than Group F, H or S,
accommodates seven or more non-consecutive group overnight stays within a calendar year for
persons over 2½ years of age, and the activities involve planned periods of sleep, the building is
considered to have undergone a change of use. In such a case, it shall be necessary to apply for and
be issued a Certificate of Occupancy. This shall be a dual Certificate of Occupancy to allow Group R-1
in addition to the existing use of a building. Any facility that accommodates six or fewer overnight stays
within a calendar year shall obtain a permit under the Uniform Fire Code, N.J.A.C. 5:70. Group
overnight stays in Groups F, H and S shall be prohibited.
8. Where an existing single-family dwelling is converted into a two-family dwelling, the following shall
apply:
i. Smoke alarms shall be installed and maintained within each dwelling unit as required by Section
907.2.11.2 of the building subcode or Section R314 of the one- and two-family dwelling subcode,
as applicable.
ii. Fire separation between dwelling units.
(1) One-hour dwelling unit separation; or
(2) Two layers of 5/8-inch thick type X gypsum wallboard. The base layer shall be applied at
right angles to the joists with 1 1/4-inch minimum drywall screws or nails at 24 inches on
center. The face layer shall be applied at right angles to the joists with 1-7/8-inch minimum
Page 3 of 23
§ 5:23-6.31 Change of use
drywall screws or nails at 12 inches on center. The face layer joints shall be offset from the
base layer joints by a minimum of one joist bay. The joints of the face layer shall be taped and
provided with a minimum of one layer of spackle. (Plan review--Building, Fire. Inspection--
Building)
(b) Compliance with Basic Requirements: Compliance with the basic requirements shall be required as
follows:
TABLE B
Relative Group
Hazard
1 (highest)
H-1, H-2, H-3
2
A-1, A-2 Nightclubs, H-4, H-5, F-1, I-3, M, S-1
3
A-2 Other than Nightclubs, A-3, A-4, A-5, B, F-2, I-2, I-4, R-1, S-2
4
A-3 Places of Worship, E, I-1, R-2, and R-4 buildings more
than two stories in height or more than four dwelling units
5 (lowest)
R-2 and R-4 buildings two stories or fewer in height and four dwelling units or less, R-
3, R-5, U
1. When the use of a building is changed to a higher relative use group hazard as shown in Table B
above, the building shall comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30 applied
throughout the building for the new group unless otherwise provided. Where another lettered
subsection of this section establishes a requirement that differs from the basic requirement, the
requirement contained in that other lettered subsection shall govern.
i. Where a portion of a building is changed to a higher relative group hazard, the building shall
comply with the basic requirements of N.J.A.C. 5:23-6.10 through 6.30 for an automatic sprinkler
system and fire detection and/or alarms applied throughout the building for the new group unless
the proposed use is separated from the existing use(s) by a fire barrier or horizontal assembly, or
both, having a fire resistance rating in accordance with Table 707.3.10 of the building subcode in
which case only the portion changed shall comply; mixed occupancies shall use the highest
applicable rating from Table 707.3.10. The portion of the building changed shall comply with all the
other basic requirements of N.J.A.C. 5:23-6.10 through 6.30 for the new group.
2. When a change of use is made to an equal or lesser relative group hazard as shown in Table B
above, the existing building is not required to comply with the basic requirements except:
i. Where required in connection with alteration or reconstruction work by the sections of this
subcode applicable to alteration or reconstruction work; or
ii. Where the proposed use is subject to and not in compliance with the applicable requirements of
N.J.A.C. 5:70-4.
(c) Means of Egress: The following requirements apply to means of egress in a change of use:
TABLE C
Hazard Categories and Classifications
Means of Egress
Relative Hazard
Use Classification
1 (highest)
H-1, H-2, H-3, A2 Nightclubs
2
I-2, I-3, I-4
3
A (other than A-2 nightclubs), E, I-1, M, R-1, R-2, R-4
4
B, F-1, R-3, R-5, S-1, H-4, H-5
5 (lowest)
F-2, S-2, U
1. For any change of use, except a change of use to Group A-2 Nightclubs, the occupant load of the
space shall be calculated based on the capacity of the exits as per N.J.A.C. 5:23-6.11(b). The occupant
load shall not exceed one occupant per five square feet floor area unless the building complies with
chapter 10 of the building subcode in its entirety.
Page 4 of 23
§ 5:23-6.31 Change of use
i. For Group A-2 Nightclubs, the occupant load shall be calculated using section 1029.2 of the
building subcode, except the maximum occupant load shall not exceed one occupant per five
square feet of occupiable floor space.
ii. Where a portion of a building undergoes a change of use, the determination of the capacity of
the exit(s) serving that portion shall include all spaces served by those exit(s).
2. When a change in use is made to a higher hazard category as shown in Table C above, the entire
building or portion thereof shall comply with the following requirements of the building subcode or of
this subcode as specified below.
i. Sections 1006 (Number of Exits and Exit Access Doorways) and 1007 (Exit and Exit Access
Doorway Configuration).
(1) Exception: The occupant load of the space may be restricted in order to comply with the
requirements of these sections;
(2) Exception: A single exit shall be permitted in a change of use to a Group R-2 or R-4 where
the conditions of N.J.A.C. 5:23-6.26(b) for a single exit are met;
ii. Section 1008 (Means of Egress Illumination);
iii. Section 1010 (Doors, Gates and Turnstiles) except section 1010.1.1 (Size of doors). Apply the
Basic Requirements (6.10 through 6.30) for door widths;
iv. Sections 1011.7.2 (Outdoor conditions), 1011.7.3 (Enclosures under interior stairways),
1011.12 (Stairway to roof), and the Basic Requirements (6.10 through 6.30) for stair widths;
v. Sections 1012.8 (Ramps - Handrails), 1012.9 (Guards), and 1012.10 (Edge protection), and the
Basic Requirements (6.10 through 6.30) for ramp widths;
vi. Section 1013.1 (Exit signs - where required) and Section 1013.3 (Illumination);
vii. Section 1016.2 (Egress through intervening spaces);
viii. Section 1017 (Exit Access Travel Distance);
ix. Section 1018 (Aisles);
x. Sections 1020.2 (Corridor construction), 1020.4 (Corridor obstruction), 1020.6 (Air movement in
corridors), 1020.7 (Corridor continuity), and the Basic Requirements (6.10 through 6.30) for corridor
widths.
(1) Existing lath and plaster in good condition or existing 1/2-inch thick gypsum wallboard on
both sides of the wall shall be accepted where a one-hour fire separation assembly is required
by Table 1020.2 (Corridor Fire-Resistance Rating);
xi. Section 1025 (Luminous Egress Path Markings);
xii. Section 1026 (Horizontal Exits);
xiii. Section 1028 (Exit Discharge) and Section 1029 (Egress Courts); and
xiv. Section 1030 (Assembly).
3. When a change of use is made to an equal or lesser hazard category as shown in Table C above,
the existing building is not required to comply with the requirements contained in (c)2 above except in
areas where reconstruction work being performed in connection with the change of use triggers these
requirements.
4. Vertical opening protection shall be provided for all stairs in accordance with N.J.A.C. 5:23-6.10
through 6.30 when a change of use that also constitutes a change of group is made and the proposed
group is a higher hazard category as shown in Table C above.
Page 5 of 23
§ 5:23-6.31 Change of use
i. Where the group of a portion of a building is changed to a higher hazard category, vertical
opening protection shall be provided for all stairs serving the proposed group from the floor(s) on
which the proposed group is located to the level of exit discharge.
5. Notwithstanding the relative hazard as determined by Table C above, where any change of use
occurs to a story with one exit, the story shall meet the requirements at Section 1006.3.4 (single exits)
of the building subcode for the proposed use.
i. Exception: A single exit shall be permitted in a change of use to a Group R-2 or R-4 where the
conditions of N.J.A.C. 5:23-6.26(b) for a single exit are met.
6. When a change of use is made to any residential group (R-1, R-2, R-3, R-4 or R-5) or to Group I-1,
every sleeping room below the fourth story shall have at least one operable window or exterior door.
Where windows are provided to comply with this requirement, the window shall have a sill height of not
more than 44 inches, and have a width of at least 20 inches, a height of at least 24 inches and a
minimum total area of 5.7 square feet measured from head to sill and from side to side.
i. An outside window or exterior door is not required in buildings where the sleeping room is
provided with a door to a corridor having access to two remote exits.
ii. An outside window or exterior door is not required in buildings equipped throughout with an
automatic sprinkler system.
iii. In a building that originally was in Group R-3 or R-5 and is returning to Group R-3 or R-5, the
windows shall be permitted to remain as they were during the time when the building previously
was in use as a residence. (Plan review--Building, Fire. Inspection--Building)
7. Notwithstanding the relative hazard as determined by Table B or C above, where any change in use
occurs to a Group A or Group E with an occupant load of 50 or more, approved panic hardware shall
be installed in accordance with Section 1010.2.9 (panic and fire exit hardware) of the building subcode.
8. Notwithstanding the relative hazard as determined by Table B or C above, a single exit shall not be
permitted when a building is to be used as a child care center. (Plan review--Building, Fire. Inspection--
Building)
(d) Enclosure of vertical openings:
1. For any change of use that also constitutes a change in group, vertical openings other than stairs
shall be protected as required by N.J.A.C. 5:23-6.10 through 6.30 for the proposed use within each
space undergoing a change of use.
2. Stairs shall be enclosed in accordance with N.J.A.C. 5:23-6.10 through 6.30 for the proposed use
when a change of use that also constitutes a change of group is made and the proposed group is a
higher hazard category as shown in Table C above.
3. Atriums in compliance with Section 404 of the building subcode are not required to be enclosed.
(Plan review--Building, Fire. Inspection--Building)
(e) Height and Area Limitations: The following height and area limitations apply in a change of use.
TABLE E
Hazard Categories and
Classifications
Height and Area
Relative Hazard
Use Classification
1 (highest)
A-2 Nightclubs, H-1, H-2, I-2, I-3, I-4
2
A-1, A-2 Other than Nightclubs, A-3, A-4, E, F-1, H-3, H-4, H-5, I-1, M,
S-1
3
A-3 Places of Worship, B, R-1, R-2, R-4
4 (lowest)
F-2, R-3, R-5, S-2, U
Page 6 of 23
§ 5:23-6.31 Change of use
1. When a change of use is made to a higher hazard category as shown in Table E above, the height
and area of the building shall meet the limitations of Chapter 5 of the building subcode for the proposed
group.
i. For the purpose of determining the construction type, the fire resistance rating of the following
structural elements shall be considered: exterior loadbearing walls, interior loadbearing walls,
columns, girders, trusses and framing, floor construction, including beams, and roof construction,
including beams, trusses and framing, arches and roof decks.
2. When a change of use is made to an equal or lesser hazard category as shown in Table E, the
existing building may continue to exceed the maximum allowable height and area permitted for new
buildings.
3. Where a change of use is made in a mixed use building or a single use building is changed to a
mixed use building, and any of the proposed uses is a higher category as per Table E, the building
shall comply with one or any combination of the following:
i. Nonseparated groups: The maximum allowable height and area shall be determined by applying
the more restrictive of the height and area limitations of each group, as per Tables 504.3, 504.4,
and 506.2 of the building subcode, to the entire building.
(1) Occupancies of Group H shall not be permitted to be unseparated when located in the
same building as Groups A, E, I, M, R, or non-accessory Group B.
(2) Accessory occupancies in compliance with Section 508.2 of the building subcode are not
required to comply with this requirement.
(3) When a change of use is made such that any nonresidential use is located below or
attached to a residential use, a one-hour fire separation shall be provided between the groups.
The exits from the residential floors shall be separately enclosed.
ii. Separated groups: Each portion of the building containing a group shall be completely
separated from adjacent groups by a fire barrier or horizontal assembly, or both, having a fire
resistance rating in accordance with Table 707.3.10 of the building subcode; mixed occupancies
shall use the highest applicable rating from Table 707.3.10. For buildings equipped throughout with
an automatic sprinkler system, the required fire resistance rating for groups other than H is
permitted to be reduced by one hour but shall not be reduced to less than one hour. Each portion of
the building shall comply with the height limitation of Tables 504.3 and 504.4 of the building
subcode for that group. In each story, the area shall be such that the sum of the ratios of the floor
area of each group divided by the allowable area of Table 506.2 of the building subcode for each
group shall not exceed 1.0.
(1) Exception: Accessory occupancies in compliance with Section 508.2 of the building
subcode are not required to comply with this requirement.
iii. Separate buildings: If each group is separated from other groups by fire walls that meet the
requirements of Table 601 of the building subcode, then each group shall be considered a separate
building. Each building shall comply with the height and area limitation of Tables 504.3, 504.4, and
506.2 of the building subcode.
(1) Exception: Accessory occupancies in compliance with Section 508.2 of the building
subcode are not required to comply with this requirement.
4. In an unlimited area building, when a change of use is made to a higher hazard category as shown
in Table E above, the building or portion thereof is required to comply with Section 507 of the building
subcode for the proposed new use. (Plan review--Building, Fire Inspection--Building)
(f) Exterior Wall Fire Resistance Ratings and Maximum Area of Exterior Wall Openings: The following
exterior wall fire resistance ratings and maximum area of exterior wall openings apply in changes of use:
TABLE F
Page 7 of 23
§ 5:23-6.31 Change of use
Hazard Categories and
Classifications
Exposure of Exterior Walls
Relative Hazard
Use Classification
1 (highest)
H
2
Buildings exceeding 12,000 sq ft of F-1, M or S-1
3
A, B, E, F-2, I, R-1, S-2 Buildings 12,000 sq ft or less of F-1, M, or S-1
4 (lowest)
R-2, R-3, R-4, R-5, U
1. Exterior Wall Protection: If the group of a building is changed to a higher hazard classification in
accordance with Table F, the requirements for exterior wall fire resistance rating in the table below shall
be met.
Requirements for Exterior Wall Fire Resistance Rating Building Use Group<b>
Fire Separation
H-2
F-1, H-3, M, S-1
A, B, E, F-2, S-2,
Distance
H-4, H-5, I, R-1
0-5 feet
4
3
2<a>
Over 5-10 feet
3
2
1
Over 10-15 feet
2
1
0
Over 15-30 feet
1
0
0
Over 30 feet
0
0
0
Note a: Existing eight-inch hollow or six-inch solid masonry walls shall be accepted as a two-hour
rating in other than Group H-2 or H-3.
Note b: When the group of a building is changed to H-1, the building shall be located in accordance
with Section 415.6 of the building subcode.
i. The requirements for exterior wall fire resistance rating shall not apply to exterior walls which
face buildings on the same lot where the buildings are such that, if combined into one structure, the
resulting building would comply with the height and area limitations of Tables 504.3, 504.4, and
506.2 of the building subcode.
ii. Where a portion of a building is changed to a higher hazard classification, exterior walls and
openings of the entire building shall comply with the provisions of this section. If the proposed use
is separated from the rest of the building by a fire barrier having a fire resistance rating in
accordance with Table 707.3.10 of the building subcode, then only the portion changed must
comply with the provisions of this section; mixed occupancies shall use the highest applicable
rating from Table 707.3.10.
iii. When a change of use is made to an equal or lesser hazard classification as shown in Table F,
no change in the rating of existing exterior walls is required.
iv. The fire resistance rating of non-loadbearing exterior walls may be reduced by one hour in
buildings equipped throughout with an automatic sprinkler system. In a building equipped
throughout with an automatic sprinkler system installed in accordance with NFPA 13, the fire
resistance rating of a non-loadbearing exterior wall may be reduced by one hour with the following
exceptions:
(1) Exception: Where the fire separation distance is five feet or less, the fire resistance rating
shall not be reduced to less than one hour.
(2) Exception: The rating of non-loadbearing exterior walls shall not be reduced in buildings of
Group H.
2. Exterior Wall Openings: If the group of a building is changed to a higher hazard classification in
accordance with Table F, the requirements for exterior wall openings in the table below shall be met.
Group
Exterior Wall Requirements
H
No opening permitted with a fire separation
distance of three feet or less. Protected
openings required with a fire separation
Page 8 of 23
§ 5:23-6.31 Change of use
distance of 20 feet or less.
A-1, A-2 Nightclubs, A-2
No openings permitted with a fire separation
Other than Nightclubs, A-3,
distance of three feet or less. Walls with a
A-4, A-3 Places of Worship, B,
fire separation distance of 10 feet or less,
E, F-1, I-1, I-2, I-3, I-4, M,
but more than three feet, are permitted to have
S-1, R-1
unprotected openings with an aggregate area not
exceeding 10 percent of the area of the wall.
Openings in excess of 10 percent of the
aggregate wall area shall be protected.
F-2, S-2
No openings permitted with a fire separation
distance of three feet or less. Protected
openings required with a fire separation
distance of five feet or less.
i. If the building is provided with an automatic sprinkler system throughout, the amount of
unprotected openings shall be permitted to be increased to the limit for protected openings.
ii. In all occupancies other than Group H, unlimited unprotected openings are permitted in the first
story of exterior walls facing a street which have a fire separation distance of greater than 15 feet,
or facing unoccupied space. The unoccupied space shall be on the same lot or dedicated for public
use, shall not be less than 30 feet in width and shall have access from a street by a posted fire lane
not less than 30 feet in width and shall have access from a street by a posted fire lane not less than
18 feet in width.
iii. When a change of use is made to an equal or lesser hazard classification as shown in Table F,
no change in existing exterior wall openings is required. (Plan review--Building, Fire. Inspection--
Building)
(g) Automatic Sprinkler Systems: The following automatic sprinkler system requirements apply in changes
of use.
TABLE G
Hazard Categories and Classifications Automatic Sprinkler Systems
Relative Hazard
Use Classification
1 (highest)
A-2 nightclubs, H, I
2
A-2 (other than nightclubs), R-1, R-2, R-3, R-4
3
A-1, A-3, A-4
4
F-1, M, S-1
5
A-3 Places of Worship, E
6 (lowest)
A-5, B, F-2, R-5, S-2, U
1. When a change of use is made to a higher hazard category as shown in Table G, the building shall
be provided with an automatic sprinkler system as required by the following sections of the building
subcode: 903.2.1 for Group A occupancies, 903.2.3 for Group E occupancies, 903.2.4 for Group F-1
occupancies, 903.2.5 for Group H occupancies, 903.2.6 for Group I occupancies, 903.2.7 for Group M
occupancies, 903.2.8 for Group R occupancies, 903.2.9 for Group S-1, 903.2.10 for Group S-2, and
903.2.11.1 for windowless stories (stories without openings.) When this section requires an automatic
sprinkler system, compliance with 903.3 of the building subcode is also required.
i. When a portion of a building is changed to a higher hazard category and the proposed use is
separated from the existing use(s) by a fire barrier or horizontal assembly, or both, having a fire
resistance rating in accordance with Table 707.3.10 of the building subcode, an automatic sprinkler
system as required above shall be installed only in the portion changed; mixed occupancies shall
use the highest applicable rating from Table 707.3.10.
ii. When an attached single-family townhouse or portion thereof or a portion of a detached one- or
two-family dwelling is changed to any nonresidential use, except Group H, Group F, or Group S,
Page 9 of 23
§ 5:23-6.31 Change of use
the remaining attached dwelling(s) or portion of the dwelling(s) are not required to be provided with
an automatic sprinkler system.
2. When a change of use is made to an equal or lesser hazard category as shown in Table G, there is
no requirement to install an automatic sprinkler system except in areas where work being performed in
connection with the change of use triggers a requirement for an automatic sprinkler system and in
windowless stories in accordance with N.J.A.C. 5:23-6.30(c) of this subchapter.
3. Notwithstanding the relative hazard as determined by Table G, when a change in the character of
the use is made to a higher degree of hazard as defined by NFPA 13 (Light Hazard, Ordinary Hazard
Group 1, Ordinary Hazard Group 2, Extra Hazard Group 1, Extra Hazard Group 2 and Special
Occupancy Hazards), the sprinkler system shall be evaluated and, where required by NFPA 13, altered
to conform to the required density and maximum sprinkler protection area per head for the proposed
occupancy.
4. Notwithstanding the relative hazard as determined by Table G above, when a change in the group
or a change in the character of the use is made to create a dormitory, the building or portion thereof is
required to be provided with an automatic sprinkler system. (Fire)
(h) Fire Alarm and Detection Systems: When a change of use is made to any of the following groups, a fire
alarm system and/or an automatic fire detection system shall be installed in accordance with Section 907 of
the building subcode. Where a portion of a building is changed to any of the following groups, a fire alarm
system and/or an automatic fire detection system shall be installed throughout the building in accordance
with Section 907 of the building subcode unless the proposed use is separated from the other use(s) in the
building by a fire barrier having a fire resistance rating in accordance with Table 707.3.10 of the building
subcode in which case only the portion changed shall comply; mixed occupancies shall use the highest
applicable rating from Table 707.3.10. (For purposes of applying this section, horizontal separation shall not
be considered.)
1. Group A: A manual or automatic fire alarm system shall be installed and maintained as required by
Section 907.2.1 of the building subcode.
2. Group B: A manual fire alarm system shall be installed and maintained as required by Section
907.2.2 of the building subcode.
3. Group E: A manual fire alarm system shall be installed and maintained as required by Section
907.2.3 of the building subcode.
4. Group F: A manual fire alarm system shall be installed and maintained as required by Section
907.2.4 of the building subcode.
5. Group H: A manual fire alarm system shall be installed and maintained as required by Section
907.2.5 of the building subcode.
6. Group I: A manual fire alarm system and an automatic smoke detection system shall be installed
and maintained as required by Section 907.2.6 of the building subcode.
7. Group M: A manual fire alarm system shall be installed and maintained as required by Section
907.2.7 of the building subcode.
8. Group R-1: A manual fire alarm system and an automatic smoke detection system shall be installed
and maintained as required by Section 907.2.8 of the building subcode.
9. Group R-2: A fire alarm system shall be installed and maintained as required by Section 907.2.9 of
the building subcode.
10. Group R-4: An automatic smoke detection system shall be installed and maintained as required by
Section 907.2.9A of the building subcode.
11. Group S: A manual fire alarm system shall be installed and maintained as required by Section
907.2.10 of the building subcode. (Fire)
Page 10 of 23
§ 5:23-6.31 Change of use
(i) Single and Multiple Station Smoke Alarms: When a change of use is made to any of the following
groups, single and multiple station smoke alarms shall be installed in accordance with Section 907.2.11 of
the building subcode.
1. Group R-1: Single or multiple station smoke alarms shall be installed and maintained as required by
Section 907.2.11.1 of the building subcode.
2. Groups R-2, R-3, R-4, R-5, and I-1: Smoke alarms shall be installed and maintained as required by
Section 907.2.11.2 of the building subcode or Section R314 of the one- and two-family dwelling
subcode, as applicable.
3. Where the use of a portion of a building is changed such that any nonresidential use is located
below or attached to one or more dwelling units (including single room occupancies), single or multiple
station smoke alarms shall be installed in the nonresidential portion(s) of the building in accordance
with NFPA 72 and provided with an audible alarm located within each dwelling unit of the residential
portion of the building. The alarms shall be AC powered with battery back-up. Hard-wired,
interconnected smoke alarms installed throughout the building shall be accepted as meeting this
requirement. (Fire)
(j) Carbon monoxide detection equipment: When the use of a building is changed and the building contains
a fuel-burning appliance or has an attached garage, carbon monoxide detection equipment shall be
installed in accordance with Section 915 of the building subcode or Section R315 of the one- and two-family
dwelling subcode, as applicable. (Fire)
1. Exception: In occupancies other than Group I-1, I-2, I-4 or R or classrooms in Group E occupancies,
battery-powered or plug-in devices shall be accepted for purposes of meeting the requirements of this
section.
(k) Structural Requirements: The following structural requirements shall apply in changes of use:
TABLE K
Structural Load Categories
Load Category
Use or Character of Use
1 (highest)
F-1, F-2, S-1, S-2, stack areas in libraries,
stages and platforms, areas subject to vehicular loads, queuing areas
2
All loading conditions not listed in category 1 or 3
3 (lowest)
B, E, I-1, I-2, I-3, I-4, R-1, R-2, R-3, R-4, R-5
1. When the use or the character of use of a building is changed to a higher load category as shown in
Table K above, then the structure shall be capable of supporting the load requirement for the new use
or character of use as specified in Table 1607.1 of the building subcode.
i. If the building subcode official determines that the number of occupants or the placement and
weight of furniture and equipment can be controlled by the occupants, the areas designed for the
reduced live load shall be posted with the approved live load. Placards stating the allowable live
loads shall be posted. Placards may state loads in forms usable by the occupants, in addition to
posting the allowable load in pounds per square foot. Such information shall be developed by a
licensed design professional and be approved by the subcode official.
(1) Analysis and test methods for evaluation of existing structural members shall use methods
specified in the code in effect at the time the building was originally constructed or other
standards as approved by the subcode official.
ii. The corridor and lobby loading requirements of Table 1607.1 shall be met only if the corridor
exceeds six feet in width or if the lobby or corridor area is used for queuing purposes.
2. Where the use or character of use within an existing building is changed to an equal or lower load
category as shown in Table K above, then the existing structure may be used without modification,
provided that the building is structurally sound and in good structural repair.
Page 11 of 23
§ 5:23-6.31 Change of use
3. When a building is reclassified into one of the following occupancies, the building shall comply with
the seismic design requirements of Section 1613 of the building subcode: Fire, rescue and police
stations; Group I-2 having surgery or emergency treatment facilities; emergency preparedness centers;
post-earthquake recovery vehicle garages; post-earthquake shelters; power-generating stations and
other utilities required as emergency backup facilities; primary communication facilities; highly toxic
materials as defined by Section 307 of the building subcode where the quantity of material exceeds the
exempt amount as per Section 307.1 of the building subcode. (Building)
(l) Plumbing Requirements: When the character of the use of a building or portion of a building is changed,
the following plumbing provisions shall apply:
1. The fixture requirements for the proposed new use shall comply with the basic requirements for that
use.
2. If the new use is a food handling establishment, all existing sanitary waste lines above the food or
drink preparation or storage areas shall be panned or otherwise protected to prevent leaking pipes or
condensation on pipes from contaminating food or drink. New drainage lines shall not be installed
above such areas except where it is the only practical alternative. Where new lines are to be installed,
they shall be protected in accordance with the plumbing subcode.
3. New uses that will produce grease or oil laden wastes shall be provided with interceptors as
required in the plumbing subcode.
4. If the new use produces chemical wastes, the following shall apply:
i. If the existing piping is compatible with the chemical waste, no change to the existing piping
material is required.
ii. If the existing piping is not compatible with the chemical waste, either the waste must be
neutralized prior to entering the drainage system or the piping must be changed to a compatible
material.
iii. No chemical waste shall discharge to a public sewer system without the approval of the sewage
authority.
5. Where a building's use is changed to a health care facility, the requirements of chapter 14 of the
plumbing subcode shall apply. (Plumbing)
(m) Electrical Requirements: The following electrical requirements shall apply in changes of use:
1. When the character of the use of a building or portion thereof is changed to one of the following
special occupancies as described at Chapter 5 of the electrical subcode, the electrical wiring and
equipment of the building or portion thereof that contains the proposed use shall comply with all
applicable requirements of the electrical subcode regardless of whether a change of group is involved:
i. Hazardous (classified) Locations;
ii. Commercial Garages, Repair and Storage;
iii. Aircraft Hangars;
iv. Motor Fuel Dispensing Facilities;
v. Bulk Storage Plants;
vi. Spray Application, Dipping, Coating, and Printing Processes;
vii. Health Care Facilities;
viii. Assembly Occupancies;
ix. Theaters, Motion Picture and Television Studios, and Similar Locations;
x. Motion Picture and Television Studios and Similar Locations; and
Page 12 of 23
§ 5:23-6.31 Change of use
xi. Agricultural Buildings.
2. When the use of a building is changed to Group R-2, R-3, R-4 or R-5, the electrical wiring and
equipment of the building shall comply, at a minimum, with the Basic Requirements of this subcode for
that use and shall have the electrical service (conductors and equipment) sized and rated in
accordance with the electrical subcode. (Electrical)
(n) Mechanical Requirements: When the character of the use of a building is changed, the following
mechanical provisions shall apply:
1. All spaces intended for human occupancy shall be provided with natural or mechanical ventilation. A
building intended to be used as a public school shall be mechanically ventilated.
i. Spaces intended to be naturally ventilated shall be provided with openable doors, windows,
louvers or other openings to the outdoors. The minimum openable area to the outdoors shall be
four percent of the floor area being ventilated. Where rooms without openings to the outdoors are
ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at
least eight percent of the floor area of the interior room or space, but not less than 25 square feet.
The ventilation openings to the outdoors shall be based on the total floor area being ventilated.
ii. Spaces intended to be mechanically ventilated shall comply with the following:
(1) If the occupancy of a building is changed and the new occupancy would require the same
or a lesser amount of outdoor air based on the equations below, no change to the mechanical
ventilation system is required.
(2) If the occupancy of a building is changed and the new occupancy would require a greater
amount of outdoor air based on the equations below, the HVAC system shall be upgraded to
satisfy the requirements of Table 403.3.1.1 in the mechanical subcode for the new occupancy.
(3) Residential buildings that are intended to be mechanically ventilated shall be provided with
the ventilation specified in the mechanical subcode.
(4) When the use of a building is changed to a health care facility, mechanical ventilation shall
be provided as required by the mechanical subcode and N.J.A.C. 5:23-3.2(b).
(5) When the group of a building is changed to B or E and the building is a class one or class
two building, a test and balance report shall be submitted prior to the issuance of a certificate of
occupancy. (Building)
2. A commercial hood and an automatic suppression system that comply with the mechanical subcode
shall be required for commercial cooking operations producing grease-laden vapors. No automatic
suppression system shall be required for completely enclosed ovens, steam tables or similar
equipment.
i. Exception: Bed and breakfast home stay facilities, which are designed to accommodate five or
fewer guests, shall not be required to comply with this provision. (Fire)
3. All newly-introduced devices, equipment or operations that produce airborne particulates, odors,
fumes, sprays, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall
be provided with local exhaust in accordance with Section 502 of the mechanical subcode. (Building)
TABLE N
Outdoor Air Rates Based on Occupancy Type
Occupancy
P/1,000 sq. ft.
CFM/person
Storage Warehouses
5
10
Correction Facilities
Dining Halls
100
15
Guard Stations
40
15
Dry Cleaners, laundries
Coin oper dry cleaner
20
15
Page 13 of 23
§ 5:23-6.31 Change of use
Coin oper laundries
20
15
Education
Auditoriums
150
15
Classrooms
50
15
Libraries
20
15
Music Rooms
50
15
Food & Bev Service
Dining Rooms
70
15
Kitchens (cooking)
20
15
Hospitals, Nursing &
Convalescent Homes
Med Procedure Rooms
20
15
Physical Therapy
20
15
Recovery and ICU
20
15
Hotels, Motels, Resorts,
Dormitories
Assembly Rooms
120
15
Dormitory Sleep Areas
20
15
Lobbies
30
15
Specialty Shops
Barber
25
15
Florists
8
15
Hardware, drug, fabric
8
15
Reducing Salons
20
15
Supermarkets
8
15
Theaters
Auditoriums
150
15
Stages and Studios
70
15
Transportation
Platforms
100
15
Vehicles
150
15
Waiting Rooms
100
15
Workrooms
Bank Vaults
5
15
Meat Processing<a>
10
15
Pharmacy
20
15
Photo Studios
10
15
Sports and Amusement
Spectator Areas
150
15
Correctional Facilities
Cells
20
20
Education
Laboratories
50
20
Training Shops
30
20
Food & Bev Service
Cafeteria, fast food
100
20
Hotels, Motels, Resorts,
Dormitories
Conference Rooms
50
20
Dry Cleaners
Commercial Laundry
10
25
Hospitals, Nursing and
Convalescent Homes
Patient Rooms
10
25
Page 14 of 23
§ 5:23-6.31 Change of use
Specialty Shops
Beauty
25
25
Dry Cleaners, Laundries
Commercial Dry
Cleaner
30
30
Food & Bev Service
Bars & Cocktail
Lounges
100
30
Dry Cleaners, Laundries
Storage, Pick-up
30
35
Smoking Lounges
70
60
Offices
Conference Rooms
50
20
Office Spaces
7
20
Reception Areas
60
20
Telecommunication
Ctrs & Data Entry
60
20
Theaters
Lobbies
150
20
Ticket Booths
60
20
Sports and Amusement
Playing floors (gym)
30
20
Sports and Amusement
Ballrooms and Discos
100
25
Bowling Alleys
(Seating areas)
70
25
Game Rooms
70
25
Hospitals, Nursing &
Convalescent Homes
Operating Rooms
20
30
Hotels, Motels, Resorts,
Dormitories
Gambling Casinos
120
30
Occupancy
CFM/sq. ft.
Education
Corridors
0.1
Locker Rooms
0.5
Hospitals, Nursing and
Convalescent Homes
Autopsy Rooms
0.5
Public Spaces
Corridors and Utilities
0.05
Elevators
1.0
Locker & Dressing Rooms
0.5
Public Restrooms
75 cfm per water closet
or urinal
Retail Stores, Sales Floors
and Showroom Floors
Basement and Street
0.3
Dressing Rooms
0.2
Malls and Arcades
0.2
Shipping and Receiving
0.15
Storage Rooms
0.15
Page 15 of 23
§ 5:23-6.31 Change of use
Upper Floors
0.2
Warehouses
0.05
Specialty Shops
Automotive Service
1.5
Clothes and Furniture
0.3
Pet Shops
1.0
Sports & Amusement
Ice Arenas
0.5
Swimming Pools
(Pool & Deck Area)
0.5
Storage
Repair Garages/Public
Garages
1.5
Workrooms
Darkrooms
0.5
Duplicating
0.5
Note: P/1,000 sq. ft. = persons per 1,000 square feet of building area.
Note a. Spaces unheated or maintained below 50 degrees F are not covered by these requirements
unless the occupancy is continuous.
Where the ventilation rates in Table N are based on CFM/person
(1) OL[n] x V[n] is less than or equal to OL[e] x V[e]
+ no upgrade
(2) OL[n] x V[n] is greater than OL[e] x V[e]
+ upgrade
Where the ventilation rates in Table N are based on CFM/square footage
(3) SF[n]xV[n] is less than or equal to SF[e]xV[e]
+ no upgrade
(4) SF[n]xV[n] is greater than SF[e]xV[e]
+ upgrade
Where the ventilation rates in Table N are based on CFM/square footage and
CFM/person
(5) OL[n]xV[n] is less than or equal to SF[e]xV[e]
+ no upgrade
(6) OL[n]xV[n] is greater than SF[e]xV[e]
+ upgrade
(7) SF[n]xV[n] is less than or equal to OL[e]xV[e]
+ no upgrade
(8) SF[n]xV[n] is greater than OL[e]xV[e]
+ upgrade
Where:
OL[n] =
the occupant load of the proposed occupancy based on
Table N. When accepted by the administrative authority this occupant load can
be reduced.
OL[e] =
the occupant load of the existing occupancy based on Table N.
SF[n] =
the square footage of the proposed occupancy.
SF[e] =
the square footage of the existing occupancy.
V[n] =
the ventilation rate for the proposed occupancy based on Table N.
V[e] =
the ventilation rate for the existing occupancy based on Table N.
(o) Accessibility requirements: The following accessibility requirements shall apply in changes of use:
1. Nonresidential buildings and buildings of Use Group R-1.
i. The change of use of a building of 10,000 square feet or more total gross enclosed floor area
shall comply with all applicable provisions of Chapter 11 of the building subcode.
ii. The change of use of a building of less than 10,000 square feet total gross enclosed floor area
shall be exempt from the provisions of Chapter 11 of the building subcode, except as follows:
(1) An alteration project undertaken in connection with the change of use of a small building
shall provide accessibility as required by N.J.A.C. 5:23-6.6.
(2) A reconstruction project undertaken in connection with the change of use of a small
building shall provide accessibility as required by N.J.A.C. 5:23-6.7.
Page 16 of 23
§ 5:23-6.31 Change of use
iii. In a building of any size, where there is a change of use of an area of 10,000 square feet or
more, the proposed new use shall comply with the requirements of Chapter 11 of the building
subcode.
iv. In a building of any size, where there is a change of use of an area of less than 10,000 square
feet, the proposed new use shall be exempt from the provisions of Chapter 11 of the building
subcode, except as follows:
(1) A renovation project undertaken in connection with the change of use of a small building
shall provide accessibility as required by N.J.A.C. 5:23-6.5.
(2) An alteration project undertaken in connection with the change of use of a small building
shall provide accessibility as required by N.J.A.C. 5:23-6.6.
(3) A reconstruction project undertaken in connection with the change of use of a small
building shall provide accessibility as required by N.J.A.C. 5:23-6.7. (Building)
2. When an assisted living facility that was constructed with dwelling units or rooms pursuant to
Chapter 11 of the building subcode because it provided accommodations for stays of 30 or more
consecutive days makes any of those dwelling units or rooms available for less than 30 consecutive
days, 50 percent of the accommodations or rooms made thus available shall be made fully accessible.
The work needed to make those units accessible shall be completed and approved before any
occupancy of less than 30 days.
3. Residential buildings, other than buildings of Group R-1, with four or more dwelling units.
i. A renovation project undertaken in connection with the change of use shall provide accessibility
as required by N.J.A.C. 5:23-6.5.
ii. An alteration project undertaken in connection with the change of use shall provide accessibility
as required by N.J.A.C. 5:23-6.6.
iii. A reconstruction project undertaken in connection with the change of use shall provide
accessibility as required by N.J.A.C. 5:23-6.7. (Building)
(p) Change of use to a bed and breakfast shall be done in compliance with this subchapter except as
modified below. (Plan review--Building, Fire. Inspection--Building)
1. Single-family dwellings of Group R-3, R-4, or R-5 that are being converted to bed and breakfast
guest houses shall meet the requirements of this section.
i. "Bed and breakfast guest house" shall mean a facility providing sleeping or dwelling
accommodations to transient guests which:
(1) Consists of a structure originally constructed for the purposes of a private residence;
(2) Includes individual sleeping accommodations for six to 12 guests;
(3) Has at least one dwelling unit occupied by the owner of the facility or the owner's agent as
his or her place of residence during any time this facility is being used for the lodging of guests
or has an owner or agent of the owner within 15 minutes travel distance of the facility while
guests are lodging there;
(A) If the owner or agent is not on site, there shall be a clearly legible sign, conspicuously
displayed in the area where guests register, containing the owner's or agent's name,
address (including unit number or apartment number), and a 24-hour emergency telephone
number;
(4) Has not less than 300 square feet of common area for the exclusive use of the guests,
including, but not limited to, parlors, dining rooms, libraries, porches, verandas, and solariums
for occupancies with more than 10 guests or not less than 150 square feet of common area for
occupancies with 10 or fewer guests;
Page 17 of 23
§ 5:23-6.31 Change of use
(5) Prohibits cooking and smoking in guest rooms;
(6) Provides a meal to the guests in the forenoon of each day but does not operate as a
restaurant open to the general public;
(7) Is not a "rooming house" or "boarding house" as defined in N.J.S.A. 55:13B-3;
(8) Does not allow more than 15 percent of the guests to remain more than 30 successive
days or more than 30 days of any period of 60 successive days; and
(9) Does not allow any guest to remain more than 60 successive days or more than 60 days of
any period of 90 successive days.
2. Single-family dwellings of Group R-3, R-4, or R-5 that have been converted to bed and breakfast
guest houses shall be deemed to have met the intent of the rules, as provided in N.J.A.C. 5:23-2.6(b)l,
if the following requirements have been met:
i. AC-powered interconnected smoke alarms with battery back-ups shall be installed in accordance
with the building subcode in the locations listed below. Fixed temperature or rate-of-rise and fixed
temperature heat detectors may be substituted for smoke alarms in those locations where frequent
nuisance alarms would be likely to occur. At least one portable visual alarm-type smoke alarm for
the deaf or hearing impaired shall be available. Notification of the availability of such devices shall
be provided to each occupant. Installation shall be required at the following locations:
(1) In all guestrooms;
(2) On each story in common areas;
(3) In storage rooms;
(4) In basements; and
(5) In utility and mechanical rooms.
ii. Except as otherwise provided in (p)2ii(1) and (2) below, every story utilized for human
occupancy shall be provided with a minimum of two exits.
(1) An existing fire escape shall be accepted as providing one of the required means of egress
if it can safely be used under emergency exiting conditions. All occupants shall have
unobstructed access to the fire escape without having to pass through a room subject to
locking. Access to a fire escape shall be through a door, except that window access shall be
permitted from guest rooms;
(A) Window access shall be permitted to serve more than one guestroom provided that the
window serves a floor with a maximum occupant load of 10 and that the window has a
clear opening of at least 5.7 square feet, a minimum net clear opening of 24 inches in
height, a minimum net clear opening of 20 inches in width, and a sill height of not more
than 44 inches above the finished floor.
(B) Where a door is required because the occupant load served exceeds 10, the door
shall have a clear opening of at least 10 square feet, a minimum net clear opening of 54
inches in height, and a minimum net clear opening of 24 inches in width.
(2) In buildings having a single exit, no additional exit shall be required if all of the following
conditions are met:
(A) At all locations in the story at the level of discharge, the exit access travel distance
shall not exceed 75 feet;
(B) In buildings not more than two stories in height, from floors that are not more than 16
feet above grade, where there are not more than four guestrooms per floor and the exit
access travel distance does not exceed 50 feet, the exit shall be enclosed with construction
and opening protection providing a one hour fire-resistance rating; and
Page 18 of 23
§ 5:23-6.31 Change of use
(C) No part of the building open to guests shall be on a floor that is more than 16 feet
above exterior grade.
iii. Every sleeping room shall be provided with an operable window having a sill height of not more
than 44 inches, having a width of at least 20 inches, a height of at least 24 inches and a minimum
total area of 5.7 square feet measured from head to sill and from side to side.
iv. Dead-end corridors shall not exceed 35 feet.
v. Emergency egress lighting shall be provided and shall be connected to an emergency electrical
system conforming to NFPA 70 to assure continued illumination for a duration of not less than one
hour, in case of primary power loss in all building rooms or spaces required to have more than one
exit or exit access.
vi. In all buildings, rooms or spaces required to have more than one exit or exit access, all required
means of egress shall be indicated with approved, internally illuminated or self-luminous exit signs
that comply with the building subcode. Exit signs shall not be required if the second means of
egress is a fire escape that is accessed directly from an individual sleeping room(s) or on main
exterior doors that are clearly identified as exits. Exit signs shall be connected to an emergency
electrical system to assure continued illumination for not less than one hour in case of primary
power loss.
vii. Means of egress doors shall comply with the following:
(1) All doors opening into a passageway at grade or exit stair shall be self closing or automatic
closing by listed closing devices; and
(2) All guest room doors shall be at least 1⅜ inch solid core wood or approved equal with
approved door closers and shall be reasonably tight fitting. Replacement doors shall be 1¾
inch solid cord wood or approved equal unless existing frame will accommodate only a 1⅜ inch
door.
viii. Existing handrails and guardrails provided for stairways and open sided floor areas shall be
permitted to remain in place, provided they are structurally sound. When handrails or guardrails do
not exist in locations where the building subcode requires them, or where handrails or guardrails
are in danger of collapse when used under emergency conditions, handrails and guardrails
complying with the building subcode shall be provided.
ix. Transoms shall be either glazed with ¼ inch wire glass set in metal frames and permanently
secured in the closed position or sealed with materials consistent with the corridor construction.
x. Interior finish shall comply with the following:
(1) Interior finish of exit enclosures shall have a flame spread of 0-25 and a smoke developed
rating of 450 or less (Class I finish as determined by ASTM-E84);
(2) Interior finish of exit access enclosures shall have a flame spread of 26-75 and a smoke
developed rating of 450 or less (Class II finish as determined by ASTM-E84);
(3) Interior finish of all other spaces shall have a flame spread rating of under 200 and a
smoke developed rating of 450 or less (Class III finish as determined by ASTM-E84).
xi. Interior stairways and other vertical openings connecting more than six floor levels shall be
enclosed with approved assemblies having a two-hour fire-resistance rating. Those connecting four
to six floor levels shall be enclosed with approved assemblies having a one-hour fire-resistance
rating. Interior stairways connecting three or fewer levels shall be enclosed as follows:
(1) A minimum one-hour fire barrier shall be provided to protect all interior stairways and other
vertical openings not exceeding three stories. Such fire barrier may be omitted provided that:
(A) The building is provided throughout with an approved automatic fire suppression
system complying with the building subcode; or
Page 19 of 23
§ 5:23-6.31 Change of use
(B) All of the following conditions exist:
I. Every sleeping room has an operable window with a sill height of not more than 44
inches, a width of at least 20 inches, a height of at least 24 inches and a minimum total
area of 5.7 square feet measured from head to sill and from side to side;
II. The building is protected throughout by an automatic fire alarm system complying
with the building subcode and is supervised in accordance with NFPA 72; and
III. Every sleeping room above the second floor or more than 16 feet above grade is
provided with direct access to a fire escape or other approved secondary exit or any
exit-access corridor exceeding 20 feet in length which serves two means of egress, at
least one of which is an unprotected vertical opening, shall be separated from the
vertical opening by a one-hour fire barrier.
(q) A change in the character of use of a single-family home to a cooperative sober living residence shall
comply with this subchapter except as modified below. (Plan review--Building, Fire. Inspection--Building,
Fire.)
1. Single-family dwellings of Group R-3 or R-5 that are being converted to a cooperative sober living
residence shall meet the requirements of this section.
i. There shall be not more than 10 occupants, excluding staff; each occupant, including staff, shall
be capable of prompt self-evacuation;
ii. Each home shall have smoke alarms that comply with the Uniform Fire Code (N.J.A.C. 5:70-
4.19). Fire alarm systems installed in accordance with the One- and Two-Family Dwelling Subcode
shall also be deemed to comply. Smoke alarms shall be located in each sleeping room, in the area
outside separate sleeping rooms, and on each additional story of the dwelling, including basements
and habitable attics;
iii. In the vicinity of each sleeping area, each home with a fuel burning appliance or with an
attached garage shall have carbon-monoxide alarms that comply with the Uniform Fire Code
(N.J.A.C. 5:70-4.19) or with N.J.A.C. 5:27-14.1; and
iv. Each bedroom shall have an operable egress window that complies with the Uniform
Construction Code (N.J.A.C. 5:23).
History
HISTORY:
Administrative correction.
See: 30 N.J.R. 539(a).
Amended by R.1999 d.259, effective August 16, 1999.
See: 31 N.J.R. 825(a), 31 N.J.R. 2330(a).
Inserted (k); and recodified existing (k) through (p) as (l) through (q).
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (c), rewrote 4; rewrote (d); in (e)1, inserted a new i and recodified former i as ii; in (f)1, changed fire prevention
code reference in Note b, and rewrote i; in (g)1, added the last sentence in the introductory paragraph; in (h) and (i),
inserted references to section 924.2 throughout the introductory paragraphs; in (j), added the last sentence in the
Page 20 of 23
§ 5:23-6.31 Change of use
introductory paragraph; and in (o), added "(Building)" at the end of 1ii(5), and substituted "(Fire)" for "(Building)" at
the end of 2i.
Administrative correction.
See: 32 N.J.R. 688(a).
Amended by R.2000 d.492, effective December 18, 2000.
See: 32 N.J.R. 3219(a), 32 N.J.R. 4437(b).
In (a), rewrote 4; in (f)2, rewrote Use Group table; in (i), added 6; in (o), added 3 and in Table N amended the
square foot values for Corridors and Utilities under Public Spaces.
Amended by R.2002 d.5, effective January 7, 2002.
See: 33 N.J.R. 3392(a), 34 N.J.R. 267(a).
In (b), rewrote 3; in (c), rewrote 1, inserted new iii and recodified existing iii through xii as iv through xiii in 2.
Amended by R.2002 d.15, effective January 22, 2002.
See: 33 N.J.R. 2933(b), 33 N.J.R. 3883(a), 34 N.J.R. 521(a).
In (k), inserted the last sentence preceding "(Fire)" in the introductory paragraph, and rewrote 1.
Amended by R.2002 d.255, effective August 5, 2002.
See: 33 N.J.R. 4177(a), 34 N.J.R. 2783(a).
In (a), added 5 through 7; in (b), deleted 3 and 4.
Amended by R.2003 d.137, effective April 7, 2003.
See: 34 N.J.R. 4277(a), 35 N.J.R. 1558(c).
Rewrote (k).
Amended by R.2003 d.157, effective April 21, 2003.
See: 34 N.J.R. 4247(a), 35 N.J.R. 1663(b).
In (a)5x, added (1) through (3).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
Rewrote the section.
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Rewrote the section.
Administrative correction.
See: 36 N.J.R. 3398(a).
Amended by R.2004 d.423, effective November 15, 2004.
See: 36 N.J.R. 3004(a), 36 N.J.R. 5090(a).
In (a), deleted former (1), recodified former (2) and (3) as (1) and (2), in 5.
Page 21 of 23
§ 5:23-6.31 Change of use
Administrative correction.
See: 36 N.J.R. 5337(a).
Amended by R.2005 d.82, effective March 7, 2005.
See: 36 N.J.R. 4222(a), 37 N.J.R. 771(a).
In (e), rewrote 4; in (i), deleted the last sentence; in (k), deleted "change of use results in a" following "When a",
substituted "is" for "being" following "building", inserted "post-earthquake shelters;" following "vehicle garages".
Amended by R.2005 d.184, effective June 20, 2005.
See: 36 N.J.R. 5283(a), 37 N.J.R. 2201(b).
In (o), added 5.
Amended by R.2006 d.120, effective April 3, 2006.
See: 37 N.J.R. 3753(a), 38 N.J.R. 1567(a).
In (k)3, substituted section 1617 with section 1623 and made "Subcode" lowercase throughout; in introductory
paragraph (p), deleted N.J.A.C. reference and added "this subchapter except as modified below"; added (p)1 and 2.
Administrative Correction.
See: 38 N.J.R. 3024(a).
Amended by R.2007 d.51, effective February 5, 2007.
See: 38 N.J.R. 375(a), 39 N.J.R. 371(a).
In the "Use Classification" column of TABLE C, inserted "A2 nightclubs" and "(other than A-2 nightclubs),"; in (g),
substituted "TABLE" for "Table"; in the "Use Classification" column of TABLE G, inserted "A-2 nightclubs,",
substituted "(other than nightclubs)" for "Nightclubs", and deleted "A-2 Other than Nightclubs," following "A-1,"; and
in (h)1, inserted "or automatic".
Administrative correction.
See: 39 N.J.R. 767(b).
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
Rewrote the section.
Administrative correction.
See: 39 N.J.R. 3296(a).
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In (a)8i, substituted "alarms" for "detectors"; in (b)1i, (e)3ii, (f)1ii, (g)1i and the introductory paragraph of (h),
substituted "706.3.9" for "508.3.3" and inserted "; mixed occupancies shall use the highest applicable rating from
Table 706.3.9"; in (b)1i, substituted "a fire barrier or horizontal assembly, or both, having a" for "assemblies with the
appropriate"; in (e)3ii, substituted "a fire barrier or horizontal assembly, or both" for "fire separation assemblies and
floor/ceiling assemblies" and "rating" for "determined"; in (f)1ii, substituted "a fire barrier having a" for "walls with the
appropriate"; in (g)1i, substituted "a fire barrier or horizontal assembly, or both, having a" for "assemblies that meet
the applicable" and inserted "resistance" and "accordance with"; in the introductory paragraph of (h), substituted "a
Page 22 of 23
§ 5:23-6.31 Change of use
fire barrier having a" for "assemblies with the appropriate"; in the introductory paragraph of (i), in (i)1 through (i)3
and (p)2i, substituted "alarms" for "detectors" throughout; in the introductory paragraph of (i), substituted "Alarms"
for "Detectors"; and in the introductory paragraph of (n)2, substituted "suppression" for "sprinkler" twice and
"operations" for "equipment" and deleted ", except in groups R-2, R-3, R-4 and R-5" following "vapors".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In (a)5i, substituted "and Open Mall Buildings" for "Building"; in (a)5v, inserted "Rooms"; in (a)5vii(1), substituted
"Section 411" for "section 413.0"; in (a)5x, substituted "Finishes" for "Finished"; added (a)5xiii and (a)5xiv; in (a)8i,
substituted "Section 907.2.11.2" for "Sections 907.2.10.1.2 and 907.2.10.1.3"; in (a)8ii(2), substituted "1-7/8-inch"
for "1-inch"; in (b)1i, substituted "707.3.9" for "706.3.9"; in (c)1i, substituted "1028.2" for "1025.2"; rewrote (c)2i
through (c)2xiii and the introductory paragraph of (g)1; added (c)2xiv; in (c)5, substituted "1021.2" for "1019.2"; in
(c)7, substituted "1008.1.10 (panic and fire exit hardware)" for "1008.1.9"; in (e)3i(2), (e)3ii(1) and (e)3iii(1),
substituted "508.2" for "508.3.1"; in (e)3ii, (f)1ii, (g)1i and the introductory paragraph of (h), substituted "707.3.9" for
"706.3.9" throughout; in the introductory paragraph of (i), substituted "907.2.11" for "907.2.10"; in (i)1, substituted
"907.2.11.1" for "907.2.10.1.1"; and in (i)2, substituted "Section 907.2.11.2" for "Sections 907.2.10.1.2 and
907.2.10.1.3".
Amended by R.2013 d.081, effective June 3, 2013.
See: 44 N.J.R. 1303(a), 45 N.J.R. 1393(a).
In (e)3i(3) and (i)3, inserted "or attached to"; and added (g)1ii.
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
Rewrote the section.
Amended by R.2017 d.107, effective June 5, 2017.
See: 48 N.J.R. 1851(a), 49 N.J.R. 1381(b).
Rewrote (j).
Amended by R.2018 d.060, effective January 16, 2018.
See: 49 N.J.R. 1276(a), 50 N.J.R. 310(a).
Added (q).
Administrative correction.
See: 50 N.J.R. 2327(a).
Amended by R.2021 d.015, effective February 16, 2021.
See: 52 N.J.R. 561(a), 53 N.J.R. 245(a).
In (a)5xvi, substituted "Hyperbaric" for "Hyberbaric" and deleted "and" from the end; rewrote (a)5xvii; added
(a)5xviii and xix; in the introductory paragraph of (e)3i, the introductory paragraph of (e)3iii, and (f)1i, substituted
"504.3 and Table 506.2" for "503"; in the introductory paragraph of (e)3ii, substituted "504.4" for the first occurrence
of "503", and "506.2" for the second occurrence of "503"; in (h)10, substituted "An" for "A manual fire alarm system
and an" and "907.2.10A" for "907.2.10"; in the introductory paragraph of (i), substituted "907.2.10" for "907.2.11"; in
(i)1, substituted "907.2.10.1" for "907.2.11.1"; in (i)2, substituted "907.2.10.2" for "907.2.11.2"; and in the
introductory paragraph of (j), substituted "R315" for "315".
Administrative correction, effective September 10, 2021.
Page 23 of 23
§ 5:23-6.31 Change of use
See: 53 N.J.R. 1671(c).
Amended by R.2022 d.158, effective December 19, 2022.
See: 54 N.J.R. 476(a), 54 N.J.R. 2371(c).
In (e)3ii and iii, and (f)1i, substituted "Tables 504.3, 504.4, and 506.2" for "Table 504.3 and Table 506.2"; in (e)3ii,
substituted "Tables" for "Table", and inserted "504.3 and".
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
Rewrote the section.
Administrative correction, effective December 6, 2023.
See: 56 N.J.R. 36(a).
Administrative correction, effective July 16, 2024.
See: 56 N.J.R. 1711(a).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.32
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.32 Additions
(a) Any addition to a building or structure shall comply with the requirements of the Uniform Construction
Code applicable to new construction.
1. Any repair, renovation, alteration or reconstruction work undertaken within an existing building in
connection with an addition shall comply with the requirements of this subchapter.
(b) No addition shall create or extend any non-conformity in the existing building to which the addition is
constructed with regard to accessibility, structural strength, egress capacity, exit access travel distance or
the capacity of mechanical, plumbing, electrical or fire protection system provisions of the basic
requirements of this subcode.
(c) No addition shall increase the height of an existing building beyond that permitted under the applicable
provisions of the building subcode for a new building of the same group. (Plan review--Building, Fire.
Inspection--Building)
(d) No addition shall increase the area of an existing building beyond that permitted under the applicable
provisions of the building subcode unless a fire wall is provided in accordance with Section 706 of the
building subcode.
1. Infilling of floor openings, such as elevator and exit stair shafts, and the addition of mezzanines and
equipment penthouses shall be permitted as allowed by the building subcode. (Plan review--Building,
Fire. Inspection-- Building)
(e) Where an addition increases or extends the size of a fire area beyond that which is allowed by Section
903 of the building subcode, an automatic sprinkler system shall be provided throughout the fire area
unless the addition is separated from the existing building by a fire barrier or horizontal assembly, or both,
having a fire resistance rating in accordance with Table 707.3.10 of the building subcode; mixed
occupancies shall use the highest applicable rating from Table 707.3.10.
1. Exception: This requirement shall not apply to increases to the floor area of the building of less than
five percent. (Fire)
(f) Whenever an addition is made to a dwelling of Group R-3 or R-5, smoke alarms shall be installed in
accordance with the following:
1. If the cumulative area of all floors of the addition(s) is 25 percent or more of the floor area of the
largest floor of the existing dwelling, smoke alarms complying with the building subcode or one- and
two-family dwelling subcode, as applicable, shall be installed throughout the addition and the existing
dwelling.
2. If the cumulative area of all floors of the addition(s) is five percent or more, but less than 25 percent,
of the floor area of the largest floor of the existing dwelling, hardwired, interconnected smoke alarms
with battery back-up meeting the requirements of NFPA 72, except as otherwise provided in the
building or fire protection subcode or one- and two-family dwelling subcode, as applicable, shall be
installed and maintained in each story in the dwelling unit, including basements. (Fire)
Page 2 of 3
§ 5:23-6.32 Additions
(g) All additions shall comply with the requirements at Chapter 11 of the building subcode for accessibility,
where applicable.
1. The addition shall include accessible entrance(s) unless the requirement that 60 percent of the
building entrances be accessible has been met in the existing building. (For purposes of calculating the
number of accessible entrances required, all entrances in the existing building and planned for the
addition shall be included.)
i. If the only accessible entrance to the addition is located in the existing building or facility, at least
one interior accessible route shall provide access through the existing building to all rooms,
elements, or spaces in the addition.
2. If there are no toilet rooms in the addition, accessible toilet facilities that comply with Chapter 11 of
the building subcode shall be provided in the existing building. (Building)
(h) All additions shall comply with the residential energy code or commercial energy code, as applicable.
1. Air leakage for buildings subject to the residential energy code shall be required to meet only a
visual inspection of the building thermal envelope pursuant to Section R402.4.1.1 (N1102.4.1.1) and
UCC Form F-392.
(i) Structural loads: The following concern structural loads imposed by additions:
1. An addition shall not impose new loads which would cause the existing building to be subject to
stresses exceeding those permitted by the building subcode.
2. An addition shall not increase the forces in any structural element of the existing building or
structure by more than five percent, unless the increased forces on the element are still in compliance
with the building subcode for new structures.
3. An addition shall not decrease the strength of any structural element of the existing building or
structure unless the element still exceeds the strength required by the building subcode for new
structures. (Building)
(j) When work is performed in a Class 1 structure or when work is performed on a smoke control system, a
list of all materials and work requiring special inspections, and a list of agencies, qualified licensed
professionals or firms intended to be retained for conducting those inspections in accordance with the
requirements of the building subcode shall be submitted as part of the permit application.
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (d)1, rewrote the first sentence; and in (g)2, deleted "Section 1110 of" following "comply with".
Administrative change.
See: 32 N.J.R. 1380(a).
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (d), substituted "Section 705" for "Section 313.1.3"; in (e), substituted "which is allowed by Section 903" for
"allowed by Chapter 9" and substituted "Table 302.3.3" for "Section 313.1.2" in the introductory paragraph; in (f),
substituted "R-5" for "R-4" in the introductory paragraph.
Page 3 of 3
§ 5:23-6.32 Additions
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
In (c), deleted "use" preceding "group"; in (d), deleted 1 and recodified former 2 as 1; in (e), substituted "an
automatic sprinkler system" for "suppression"; in (f), deleted "Use" preceding "Group" in the introductory paragraph,
and substituted "If the cumulative area of all floors of the addition(s)" for "If the area of the addition" at the beginning
of 1 and 2.
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (e), substituted "508.3.3" for "302.3.3".
Amended by R.2009 d.117, effective April 20, 2009.
See: 41 N.J.R. 18(a), 41 N.J.R. 1726(a).
In the introductory paragraph of (e), substituted "fire barrier or horizontal assembly, or both, having a fire
resistance rating" for "fire separation assembly" and "706.3.9" for "508.3.3", and inserted "; mixed occupancies shall
use the highest applicable rating from Table 706.3.9"; in the introductory paragraph of (f) and in (f)1 and (f)2,
substituted "alarms" for "detectors"; and in (f)1 and (f)2, inserted "or one- and two-family dwelling subcode, as
applicable".
Amended by R.2011 d.270, effective November 7, 2011.
See: 43 N.J.R. 1297(a), 43 N.J.R. 2999(a).
In the introductory paragraph of (d), substituted "706" for "705"; in the introductory paragraph of (e), substituted
"707.3.9" for "706.3.9" twice; and added (i).
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In the introductory paragraph of (e), substituted "707.3.10" for "707.3.9" twice; in the introductory paragraph of (f),
deleted "detached, single-family" preceding "dwelling"; in (f)1 and (f)2, substitited "dwelling" for "building"
throughout; in the introductory paragraph of (g), substituted "Chapter 11 of the building subcode for accessibility" for
"the barrier free subcode (N.J.A.C. 5:23-7)"; in (g)2, substituted "Chapter 11 of the building" for "the barrier free";
and in (i), substituted "1" for "I".
Amended by R.2023 d.030, effective March 6, 2023.
See: 54 N.J.R. 1661(a), 55 N.J.R. 349(a).
In the introductory paragraph of (g), substituted "at" for "of"; and in (g)1, substituted "60" for "50".
Amended by R.2025 d.093, effective August 18, 2025.
See: 56 N.J.R. 1837(a), 57 N.J.R. 1817(a).
Added new (h); recodified former (h) through (i) as (i) through (j).
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
N.J.A.C. 5:23-6.33
This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 3, February
2, 2026
NJ - New Jersey Administrative Code > TITLE 5. COMMUNITY AFFAIRS > CHAPTER 23.
UNIFORM CONSTRUCTION CODE > SUBCHAPTER 6. REHABILITATION SUBCODE
§ 5:23-6.33 Historic buildings
(a) Except as provided for in this section, historic buildings shall comply with the provisions of this subcode
relating to the repair, renovation, alteration, restoration, reconstruction, movement and/or change of use of
structures.
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. Variations: Building owners wishing to use an alternative to compliance with specific provisions of
this subcode shall submit request(s) for variations in writing in accordance with N.J.A.C. 5:23-2.10.
Requests for variations shall identify all nonconformities with the requirements of this subcode and shall
include: a statement of the requirements of this subcode from which a variation is sought, a statement
of the manner by which strict compliance with the provisions of this subcode 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 subcode that would adequately protect the health, safety and
welfare of the intended occupants and of the public generally.
i. The provisions of N.J.A.C. 5:23-2.10, Variations, notwithstanding, a variation may be granted
where no feasible alternative to the strict requirements of the subcode 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 subcode is essential to maintaining the
historical value and character of the building. Any such finding submitted in support of a variation
application shall be in writing and shall state the basis and reasons for the finding.
ii. Variations to applicable barrier free requirements may be granted only if the historic character of
the building would be threatened or destroyed as determined by the New Jersey State Historic
Preservation Office.
3. When a historic building is used as a historic museum, the building shall be classified as Group B
provided that the following conditions are met:
i. A limit on occupancy, not to exceed 50, is set by the construction official based on egress
capacity and travel distance using the following parameters:
Page 2 of 4
§ 5:23-6.33 Historic buildings
(1) For buildings with a single means of egress, occupancy shall be limited to the first and
second floors, and the travel distance shall not exceed 75 feet;
(2) Two means of egress shall be required from all floors above the second floor where
occupancy is permitted.
ii. There is supervision by a guide or other employee or volunteer knowledgeable in the
emergency exiting procedures during all times that the building is occupied by visitors. (Plan
review--Building, Fire. Inspection--Building)
(b) Special provisions: Historic buildings undergoing repair, renovation, alteration, restoration or
reconstruction consistent with the U.S. Secretary of the Interior Standards for the Treatment of Historic
Properties may comply with the following in lieu of compliance with the corresponding requirements of this
subcode.
1. Materials and methods: Original or replica materials and original methods of construction may be
used, subject to the provisions of this section.
i. Exception: Components of building systems hidden from public view, including but not limited to
electrical equipment and wiring, plumbing equipment and piping and heating equipment, shall
comply with N.J.A.C. 5:23-6.8, Materials and methods. (Plan review--Building, Fire. Inspection--
Building)
2. Exterior Walls: Exterior walls shall not be required to be modified to meet the requirements for
fireresistive wall construction. (Plan review--Building, Fire. Inspection--Building)
3. One hour fireresistive assemblies: Where one hour fireresistive construction is required by this
subcode, it need not be provided regardless of construction or occupancy where the existing wall and
ceiling finish is lath and plaster. (Plan review--Building, Fire. Inspection--Building)
4. Roof covering: Historic buildings shall meet the intent of Section 1504 of the building subcode, but
shall not be required to meet Sections 1506 and 1507. The existing type of roof covering may be
continued or replaced with the same materials or the preexisting materials may be replaced or restored
if the materials are documented to be historic. (Building)
5. Means of Egress: Existing door openings and corridor and stairway widths of less than that specified
in N.J.A.C. 5:23-6.10 through 6.30 may be approved, provided that, in the opinion of the subcode
official, there is sufficient width and height for a person to pass through the opening or traverse the exit.
(Plan review--Building, Fire. Inspection--Building)
6. Doors: The existing front or main exit doors need not swing in the direction of exit travel when
serving fewer than 50 people or when other approved exits having sufficient capacity to serve the total
occupant load are provided.
i. Existing or replica hardware shall be permitted provided that no life safety hazard is created and
that the hardware meets the intent of the barrier free subcode if applicable (that is, operable without
pinching, grasping or twisting.) Existing or replica hardware may be fixed in place or modified to
meet the intent of the barrier free subcode. (Plan review--Building, Fire. Inspection--Building)
7. Transoms: Existing transoms in corridors and other fire rated walls may be retained in accordance
with this subcode. (Plan review--Building, Fire. Inspection--Building)
8. Interior Finishes: The existing finishes or replacement finishes on corridor walls and ceilings may be
accepted where it is demonstrated that it is the historic finish.
i. In buildings other than Group R-3 or R-5, finishes in exitways shall have a flame-spread
classification of Class III or better. Existing nonconforming materials shall be surfaced with an
approved fire-retardant paint or finish unless the building is equipped throughout with an automatic
sprinkler system installed in accordance with the building subcode. (Plan review--Building, Fire.
Inspection--Building)
Page 3 of 4
§ 5:23-6.33 Historic buildings
9. Stairways: Stairways shall comply with the following:
i. Enclosure: Stairway enclosures may be omitted in a historic building for that portion of the stair
serving the first and second floor. This provision shall be applied to only one stair per building.
(1) In buildings of three stories or less, exit enclosure construction shall limit the spread of
smoke by the use of tight fitting doors and solid elements. Such elements shall not require a
fireresistance rating.
ii. Riser height and tread width: When stairs are replaced or repaired, the existing or original riser
height and tread width shall be permitted to remain. (Plan review--Building, Fire. Inspection--
Building)
10. Railings: Railings shall comply with the following:
i. Handrails: Existing handrails may remain or may be replaced with handrails matching the original
handrails.
ii. Guardrails: For vertical drops of between 30 inches and 48 inches, a rail height of at least 30
inches shall be accepted and the existing or original baluster spacing shall be permitted to remain.
(1) Exception: Replacement guardrails in buildings of Group E or R-1 shall comply with
Sections 1015.2 through 1015.7 of the building subcode. (Plan review--Building, Fire.
Inspection--Building)
11. Exit Signs: The fire protection subcode official may accept alternate exit sign design and/or location
where strict compliance would damage the historic character of the building. Alternative signs shall
identify the exits and exit path. (Plan review--Building, Fire. Inspection--Building)
12. Ceiling height: Existing ceiling heights shall be permitted to remain.
i. Exception: Buildings of Group R-1 or R-2 shall comply with the applicable requirements of the
Hotel and Multiple Dwelling Regulations (N.J.A.C. 5:10) or shall obtain an exception under those
rules. (Building)
(c) Relocated historic buildings: The following apply to relocated historic buildings:
1. Foundations of relocated historic buildings and structures shall comply with the building subcode.
(Building)
2. Relocated historic buildings shall be so sited that exterior walls and openings comply with the
requirements of the building subcode. (Plan review--Building, Fire. Inspection--Building)
(d) Special change of use provisions: Compliance with the following and with the provisions of (b) above
shall be permitted for any change of use of a historic building provided that the restoration of the building is
being performed consistent with the U.S. Secretary of the Interior Standards for the Treatment of Historic
Properties.
1. Building Area: The floor area for historic buildings undergoing a change of use to a higher hazard
category as per Table E of N.J.A.C. 5:23-6.31 may exceed the allowable areas specified in the building
subcode for the proposed group by 50 percent. (Plan review--Building, Fire. Inspection--Building)
History
HISTORY:
Amended by R.1999 d.424, effective December 6, 1999.
See: 31 N.J.R. 2428(a), 31 N.J.R. 4001(c).
In (a), inserted 2ii, deleted a former 3, and recodified former 4 as 3.
Page 4 of 4
§ 5:23-6.33 Historic buildings
Amended by R.2003 d.218, effective May 19, 2003.
See: 35 N.J.R. 29(a), 35 N.J.R. 2209(a).
In (b)4, substituted "Section 1504" for "Section 1505.0" and substituted "Sections 1506 and 1507" for "Section
1507.0"; in (b)8i, inserted "or R-5" after "Use Group R-3"; in (b)10ii(1), substituted "Section 1003.2.12" for "Section
1021.0".
Amended by R.2004 d.145, effective April 5, 2004.
See: 35 N.J.R. 5190(a), 36 N.J.R. 1758(a).
Deleted "Use" preceding "Group" throughout, and substituted references to automatic sprinkler for references to
fire suppression in (b)8i.
Administrative correction.
See: 36 N.J.R. 3398(b).
Amended by R.2007 d.122, effective May 7, 2007.
See: 38 N.J.R. 4951(a), 39 N.J.R. 1673(a).
In (b)10ii(1), substituted "1013.1" for "1003.2.12".
Amended by R.2017 d.077, effective May 1, 2017.
See: 48 N.J.R. 1854(a), 49 N.J.R. 1020(a).
In (b)10ii(1), substituted "1015.2 through 1015.7" for "1013.1".
NEW JERSEY ADMINISTRATIVE CODE
Copyright © 2026 by the New Jersey Office of Administrative Law
End of Document
--- Document: Fee Schedule ---
4722
TOWPATH
TOWN OF DOVER
MAYOR AND BOARD OF ALDERMEN
ORDINANCE NO. 12-2023
ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF THE
TOWN OF DOVER AMENDING CHAPTER 150, CONSTRUCTION CODES, UNIFORM.
BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Dover, County of Morris and State of New Jersey as
follows:
Preventers
Section 1
The Code of the Town of Dover, Chapter 150, CONSTRUCTION CODES, UNIFORM shall be amended as follows to change the
Construction Department Fees.
§ 150-2. Fees; recommendation for fee changes; state surcharge, is replaced with the following:
§ 150-2. Fees; recommendations for fee changes; state surcharge.
A. Construction Department fees
(1) Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new
construction permit.
(2) The basic construction fee shall be the sum of the parts computed on the basis of the volume or cost of construction,
the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and devices, the
number of sprinklers, standpipes and detectors (smoke and heat), at the unit rates provided herein, plus any special fees.
The minimum fee for a basic construction permit covering any or all of the building, plumbing, electrical or fire
protection work shall be $100.
(3) Building volume or cost. The fees for new construction or alteration are as follows:
(a) Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance
with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.035 per cubic foot of volume for
buildings and structures of Use Group R5, except that the fee shall be $0.043 per cubic foot of volume for all other
Use Groups. The minimum fee for new construction shall be $175.
(b). The unit rate for large, open-volume, single story spaces in buildings, such as barns, silos, greenhouses, warehouses,
distribution centers, and other agricultural, and storage-use occupancies, shall be the amount of $0.033 per cubic foot
of volume. (1) For the purpose of calculating the volume to determine the fee for these spaces, the height shall be limited
to 20 fee not withstanding the fact that the actual height of the space may be greater than 20 feet;
(c) Fees for renovations, alterations and repairs.
[1] Fees for renovations, alterations and repairs of Use Group Type R5 shall be based upon the estimated cost of
the work.
[a] The fee shall be in the amount of $35 per $1,000.
[b] From $50,001 to and including $100,000, the additional fee shall be in the amount of $30 per $1,000
of the estimated cost above $50,000.
[c] Above $100,000, the additional fee shall be in the amount of $25 per $1,000 of the
estimated cost above $100,000.
[2] Fees for renovations, alterations and repairs of all other Use Group types shall be based upon the estimated
cost of the work.
[a] The fee shall be in the amount of $40 per $1,000.
[b] From $50,001 to and including $100,000, the additional fee shall be in the amount of $35 per $1,000
of the estimated cost above $50,000.
[c] Above $100,000, the additional fee shall be in the amount of $30 per $1,000 of the
estimated cost above $100,000.
[3] The Construction Official shall make the final decision regarding estimated cost.
[a] Fees for additions shall be computed on the same basis as for new construction for the
added portion, except that the minimum fee for an addition shall be $175.
[b] Fees for combination renovations and additions shall be computed as the sum of the fees computed
separately in accordance with Subsection A(3)(a) and (b) above.
[c] In order to provide for the training, certification and technical support programs required by the
Act, the enforcing agency shall collect a surcharge fee to be based upon the volume of new
construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of
Housing Inspection. This fee shall be in the amount as set forth in N.J.A.C. 5:23-4.19(b). For the
purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
(d) The fee for the installation or replacement of roofing, siding or radon in Use Group R5 shall be $100
(e) The fee for the installation of an above-ground pool in Use Group R5 shall be $100
(f) The fee for the installation of an in-ground pool in Use Group R5 shall be $150
(g) The fee for the installation of asbestos or lead abatement in Use Group R5 shall be $100
(h) The minimum fee for any permit issued for the building Subcode shall be $100.
(4) Plumbing fixtures and equipment.
Plumbing Subcode Fees. Plumbing fixtures shall include, but not be limited to, sinks, toilets, bathtubs,
shower stalls, hose bibs, dishwashers, floor drains, stacks, and similar fixtures. Plumbing appurtenances shall
include, but not be limited to, devices, a manufactured device, or an on-the-job assembly of component parts,
which is an adjunct to the basic piping system and plumbing fixtures, pressure reducing valves, back water
valves, vacuum breakers, grease traps, interceptors, solar water heaters, pool entrapment prevention devices and
similar devices. Plumbing appliances shall include but not be limited to tankless heaters, heat exchangers, water
storage tanks, water pressure booster systems, sump pumps, dishwashers, ice makers, instant hot water coils,
sterilizers, aspirators, water-cooled air- conditioning units, water conditioners, and similar equipment.
(a) The fee for the installation or replacement of a plumbing fixture is twenty ($20.00) twenty-five
($25.00) dollars for each plumbing fixture.
(b) The fee for installation or replacement of a plumbing appurtenance and/or special device is seventy-
five ($75.00) dollars for each plumbing appurtenance and/or special device.
(c) Backflow prevention device:
(1) The fee for backflow prevention devices that do not require ongoing inspections is thirty
($30.00) dollars.
(2) For testable backflow prevention devices, the fee is seventy-five ($75.00) dollars for each
device, for each inspection.
(d) The fee for the installation or replacement of a plumbing appliance is fifty ($50.00) seventy-five
($75.00) dollars.
EXCEPTION: When installed in use group R-3 and R-4 in new construction or a complete renovation,
the fee for dishwashers, ice makers, instant hot water coil is twelve ($12.00) twenty ($20.00) dollars.
(e) The fee for the installation of a house or building sewer and/or water service connection pipe is
sixty-five ($65.00) dollars.
(f) The fee for the installation of a lawn sprinkler system is five ($5.00) dollars for each sprinkler head.
(g) The fee for installation or replacement of subsoil drains is twenty-five ($25.00) dollars.
(h) The fee for the removal or abandonment in place of a sewage disposal system and/or septic tank is
thirty-five ($35.00) seventy-five ($75.00) dollars.
(i) The fee for the installation or replacement of roof drains and/or area drains is thirty-five ($35.00)
dollars per drain.
(j) The fee for gas supply line piping and the required pressure test is forty-five ($45.00) dollars.
(k) The fee for each gas appliance connection to the gas supply line is fifteen ($15.00) twenty ($20.00)
dollars.
(1) The fee for the installation or replacement of oil lines and/or oil tank piping is thirty-five ($35.00)
seventy-five ($75.00) dollars.
(m) Hot water heaters:
(1) Commercial is sixty-five ($65.00) seventy-five ($75.00) dollars
(2) Residential is forty ($40.00) dollars. (New homes only)
(n) Steam/hot water boiler:
(1) Commercial is fifty-five ($55.00) one hundred ($100.00) dollars.
(2) Residential is forty-five ($45.00) seventy-five ($75.00) dollars.
(o) The fee for a sewage ejector is forty-five ($45.00) dollars.
(p) The fee for liquid petroleum gas tanks (propane) is:
(1) 0-999 gallons sixty-five ($65.00) dollars.
(2) 1000 or more gallons ninety ($90.00) dollars.
(q) Chimney Liner is seventy-five ($75.00) dollars.
(r) The minimum fee for any item requiring a construction permit that is not provided in the Plumbing
Subcode portion of the fee schedule listed above, will be seventy-five ($75.00) dollars.
(5) Electrical fixtures and devices.
(a) The fees shall be as follows:
[1] For any receptacles or fixtures, the fee shall be in the amount of $100 for the first receptacle/fixture $2.00
Per additional receptacle fixture.
For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches,
fluorescent fixtures, convenience
receptacles or similar fixtures and motors or devices of less than one horsepower or one kilowatt.
[2] For each motor or electric device greater than one horsepower and less than or equal to 10 horsepower
and for the transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts,
the fee shall be 125.
[3] For each motor or electrical device greater than 10 horsepower and less than or equal to50 horsepower,
for each service panel, service entrance or subpanel less than or equal to 200 amperes and for all
transformers and generators greater than 10 kilowatts and less than or equal to 50 kilowatts, the fee
shall be $150.
[4] For each motor or electrical device greater than 50 horsepower and less than 100 horsepower, for each
service panel, service entrance or sub panel greater than 200 amperes and less than 1,000 amperes
and for transformers and generators greater than50 kilowatts and less than or equal to112.5 kilowatts,
the fee shall be $175.
[5] For each motor or electrical device greater than or equal to 100 horsepower, for each service panel,
service entrance or subpanel equal to or greater than 1,000 amperes and for each transformer or
generator equal to or greater than 112.5 kilowatts, the fee shall be $375.
[6] For each Photovoltaic Systems the fee shall be: Up to 50 Kilowatts $100.00, greater than
50 Kilowatts up to 100 kilowatts $300.00, greater than 100 Kilowatts $600.00
[7] For each radon system, the fee shall be $100.
(b) For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted,
including control equipment, generators, transformers and all heating, cooking or other devices consuming or
generating electrical current.
(c) The minimum fee for any permit issued for the electrical Subcode shall be $100.
(6) Fire protection and other hazardous equipment. Fees for sprinklers, standpipes, detectors (smoke and heat),
pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust
systems, incinerators and crematoriums shall be as follows:
(a) The fee for 20 or fewer heads shall be $ 100.00; for 21 to and including 100 heads, the fee
shall be $ 200.00; for 101 to and including 200 heads, the fee shall be $ 400.00; for 201 to and
including 400 heads, the fee shall be $ 900.00; for 401 to and including 1,000 heads, the fee
shall be $ 1,300; for over 1,000 heads, the fee shall be $ 1,600.
(b) The fee for one to 12 detectors shall be $ 100.00; for each 25 detectors in addition to this,
the fee shall be in the amount of $ 20.00.
(c) The fee for each standpipe shall be $ 400.00.
(d) The fee for each independent pre-engineered system shall be $ 150.00.
(e) The fee for each gas or oil fired appliance that is not connected to the plumbing system
shall be $ 100.00.
(f) The fee for each kitchen exhaust system shall be $ 100.00.
(g) The fee for each incinerator shall be $ 600.00.
(h) The fee for each crematorium shall be $ 600.00.
(i) For single and multiple station smoke or heat detectors and fire alarm systems in any one
or two-family dwellings, there shall be a flat fee of $ 100.00 per dwelling unit. For detectors and
fire alarm systems in buildings other than one or two-family dwellings, the fee shall be charged
in accordance with (6)(a) above.
(j) The fee for replacement of an existing transmission means as per N.J.A.C. 5:23-
2.17A(c)5v shall be $ 100.00.
(k) The fee for fireplace venting or metal chimney shall be $100.
(1) The fee for a smoke control system shall be $125
(m) The fee for a fire pump shall be $200.
(n) The fee for fire extinguishers shall be a flat rate of $100
(o) The fee for a fuel storage tank shall be $100 for R-5 and $300 for all other use groups. New installs would include DCA
training fee.
(p) The fee for a sprinkler control valve shall be $100
(q) The fee for solar installation shall be $100
(r) The minimum fee for any permit issued for the fire Subcode shall be $100.
(7) Elevator devices. In accordance with Department of Community Affairs fee structure.
(8) Mechanical Sub-Code fees:
Mechanical Subcode is applicable to new & direct replacement in existing R-3 & R-5 Use Groups.
(a) HVAC, furnace, boiler & a/c is ninety ($90.00) dollars.
(b) Combi-boiler is one hundred ($100.00) dollars.
(c) Water heater is seventy-five ($75.00) dollars.
(d) Generator (includes clearances) is seventy-five ($75.00) dollars.
(e) Install of LPG or Fuel Oil Tank is one hundred ($100.00) dollars.
(f) Gas Log Fireplace Insert is seventy-five ($75.00) dollars.
(g) The first mechanical item is priced as listed above. Each additional item will be twenty-five ($25.00) dollars.
(h) The minimum fee for any item requiring a construction permit that is not provided in the Mechanical Subcode portion
of the fee schedule listed above, will be seventy-five ($75.00) dollars.
(9) Certificates and other permits. The fees are as follows:
(a) The fee for a demolition or removal permit shall be $200 for one or two-family residences
(Use Group R-5 of the Building Subcode); $100 for other structures in Use Group R-5 lots, and $300 per story
for all other use groups.
(b) The fee for a permit to construct a sign shall be in the amount of $5 per square foot surface
area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $100.
(c) The fee for a certificate of occupancy shall be in the amount of 10% of the new construction permit would be
charged by the enforcing agency pursuant to these regulations fee which, the minimum fee shall be $125
(d) The fee for a certificate of occupancy granted pursuant to a change of use group shall be $125.
(e) The fee for a certificate of continued occupancy shall be $100.
(f) There shall be no fee for first temporary certificate of occupancy, subsequent extensions Temporary certificates
of Occupancy $60 each extension.
(g) There shall be no fee for a certificate of compliance issued for each elevator device
inspected on a routine periodic basis. The certificate of compliance for a new elevator device shall be $85.
(h) The fee for a plan review of a building for compliance under the alternate systems and non-depletable energy
source provisions of the energy subcode shall be $200 for one- and two- family homes and for light commercial
structures having the indoor temperature controlled from a single point; and $500 for all other structures.
(i) The fee for an application for a variation In accordance with N.J.A.C. 5:23-2.10 shall be $350
for Class 1 structures and $85 for Class 2 and Class 3 structures. The fee for the resubmitting of an application
for a variation shall be $200 for Class 1 structures and $50 for Class 2 and Class 3 structures.
(j) Periodic inspections. Fees for the periodic reinspection of equipment and facilities granted a certificate of
approval for a specified duration in accordance with N.J.A.C. 5:23-2.23 shall be as follows:
For cross connections and backflow preventers that are subject to testing. requiring reinspection every three
months, the fee shall be $50 for each device when tested(twice annually) and $100 for each device when
broken down and tested (once annually).
(k)The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat
fee based upon the number of maintenance workers employed by the facility and who are primarily
engaged in work that is governed by a subcode. Managers, engineers and clerks shall not be considered
maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may
be issued for building/fire protection, electrical and plumbing. Fees shall be as follows:
[1] One to 25 workers (including foreman): $600; and each additional worker over 25: $200.
[2] Prior to the issuance of the annual permit, a training registration fee of $100 per subcode shall be
submitted by the applicant to the Department of Community Affairs, Construction Code Element,
Training Section, along with a copy of the construction permit (Form F-170). Checks shall be made
payable to "Treasurer, State of New Jersey"
(1) For each public pool (other than one- and two-family dwellings), the fee shall be $100 for an
annual certification.
(m) The fee for a change of contractor shall be $35.
(n) There shall be an additional fee of $65 per hour for review of any amendment or change to a plan that has
already been released.
(10) All fees collected pursuant to this section are nonrefundable.
B. Report of the Construction Official. On or before February 10 of each year, the Construction Official shall, with the advice of
the subcode officials and in consultation with the Municipal Finance Officer, prepare and submit to the governing body a report
detailing the receipts and expenditures of the enforcing agency as required by N.J. A. C. 5:23-4.17(b) and indicating his
recommendations for a fee schedule, based on the operating expense of the agency.
C. State surcharge. In order to provide for the training, certification and technical support programs required by the Uniform
Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified above, a
surcharge fee per cubic foot of volume of new construction as mandated by the Department of Community Affairs. Said
surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for
the fiscal quarters ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the
end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, said fee shall be
collected and remitted for the third and fourth quarters only. The enforcing agency shall report annually at the end of each fiscal
year to the Bureau of Housing Inspect ion, and not later than July 31, the total amount of the surcharge fee collected in the
fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth
quarters.
Section 2
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistencies.
Section 3
If any article, section, subsection, paragraph, phrase or sentence is, for any reason, held to be unconstitutional or invalid,
said article, section, subsection, paragraph, phrase or sentence shall be deemed severable.
Section 4
This ordinance shall take effect immediately upon final publication as provided by law.
ATTEST:
TOWN OF DOVER, COUNTY OF MORRIS
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Reynaldo Julve, Acting Municipal Clerk
Cawlyn Blackman
Carolyn Blackman, Mayor
Introduced: June 27, 2023
Adopted: 7/26/2023Protected Document Content
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First Discovered
May 22, 2026
Last Info Update
May 25, 2026
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