Immagini de Venezia
By Robert Sussna, AIA Emeritus
Few would argue against the statement that New Jersey is one of the most densely developed states, or that New Jersey is over-regulated, especially in the area of construction regulations, but how many would agree that New Jersey has one of the best construction codes in the Country ?
Am I serious ? Absolutely!
In the area of changes to the architecture of existing buildings, New Jersey has the most-progressive law in the land!
WHERE ARE WE ?
In Context: The state of Construction Codes in New Jersey
The New Jersey System
The Uniform Construction Code (UCC) was adopted by the State of New Jersey on 1/1/77. Before the adoption and enforcement of this code, codes were adopted and/or enforced on a town-by-town basis, which led in some instances to abuse and opportunities for confusion to say the least. Towns adopted whatever Code they chose, (frequently the BOCA Code) and enforced it as they pleased, sometimes on the basis of who the applicant was. And sometimes, the adopted code existed only in he minds of the local officials.
This adoption of the UCC meant that for the first time in about 100 years there would be one code and only one code statewide, putting an end to local ambiguity in enforcement of construction regulations. No longer were the regulations parochial, hidden, secret, discretionary, and worst of all, uncertain! And, the creation of the Rehabilitation Subcode in the late 90’s has been called “rethinking of 100 years of code enforcement” by a prominent member of State Code officialdom. It is, in the writer’s opinion, nothing short of momentous in New Jersey construction regulations.
Too good to be true? Stay tuned!
Of course, that didn’t eliminate ad hoc attempts to create/enforce and apply local rules to the renovation of existing buildings at the whim of overzealous local officials. It still goes on today in isolated cases, although it is much less of a problem. A common ploy is for the local official to issue a letter requesting certain extra-code features be added to your construction plans, such as a fire-protection system, where there is none existing. Who would be self-confident enough to inform the official that you are not going to provide the fire-protection he has requested for approval of your drawings? In fact, that fire-protection system is very possibly Not required, only requested! If asked, the official may likely admit that he didn’t demand the system, only requested it.
Until 1996 New Jersey adopted “Model Codes” as published, without any changes reflective of the needs of New Jersey. Then, in 1996, the New Jersey Builders Association forced a change in law that required the NJ Department of Community Affairs to analyze every change in frequently revised “Model Codes” to first determine the need for a change! Subsequently, New Jersey adopted an edition of the International Building Code tailored to conditions here, which is called the International Building Code, New Jersey Edition and which recognizes some aspects unique to our state. Remember, we are the most densely populated in the land. In some cases, these NJ requirements are less restrictive, and some are more restrictive than the national model. Of course restrictive means more costly, something no building owner in NJ needs to have pointed out.
Two of the areas in which our Code differs from the International model are in regard to stairways, and to requirements for the physically disabled. In my opinion, some of the stairway requirements are too restrictive and reduce the quality of life for New Jersey residents. All one has to do is to look at all of the homes awarded medals for design across the country and you will most likely see dramatic, open stairs,usually without balustrades, or other side protection. None of which could be legally built in NJ! Now I am not advocating stairs that allow your child to fall and be injured, but there needs to be consideration given to the aesthetic quality and beauty of the stair. As it is now, in this state our residential stairs look more penal than pleasing. And, am I imagining it, or are there stairs being built that meet the Code, and then after a final Certificate of Occupancy is issued, these stairs have some parts removed to bring them up to their designer’s dream?
And, in the area of the disabled, we have adopted the national standard which yields a very satisfactory result. Keep in mind that our Barrier-free Code is not the same as the ADA (Americans with Disabilities Act). The ADA is not a building code. It is a Federal Civil Rights Act, and goes far beyond the physical requirements of construction, which are for example, the familiar, mostly wheelchair accessible ramps, elevators, and toilet stalls that we see in our new or newly renovated buildings.
The Department of Community Affairs has been charged with the responsibility for licensing and training of the local construction officials, and enforcing the Code. The good news is that now, all disciplines under one “umbrella” (building, fire, electric, plumbing, mechanical, elevator).
The Fire Code
The State also adopted the Uniform Fire Code, “a fire safety document,” on 6/16/86. Part of this UFC is a subchapter devoted to retroactive requirements entitled the “Fire Safety Code.” This is the only part of New Jersey building regulations I know of where the local Fire Sub-Code Official can require retroactive renovation of your building where you are not even making changes to it. Referred to by some as the Seton Hall Code, after the tragic fire in a college dormitory, this Code was in effect for years, but possibly not enforced as it should have been until after that tragic fire.
This code sets forth requirements for sprinklers and fire and smoke detection to be installed in new and existing buildings that are residential in nature, such as dormitories, rooming houses, etc. In your personal single-family dwelling, you are required to install smoke and CO detectors. Any of you who have performed a minor project requiring a construction permit in your home, such as removing a buried oil tank, have found out that this occasions the local Fire Sub-code Official to inspect your home for such a detector, and to cite you if you do not have one.
We are fortunate here that despite some minor annoyances, looking at the big picture, the public is generally well protected, The Fire Safety Code establishes a minimum level of life and fire safety for ALL buildings that were constructed prior to the adoption of the UCC on 1/1/77. Not a bad thing to have.
THE REHAB SUBCODE SUBCHAPTER 6, NJ UNIFORM CONSTRUCTION CODE
Wisely, the Department of Community Affairs realized in the 90’s that there was a need to have an up-to-date logical code regulating existing buildings. They formed a committee with broad representation of all constituents to create such a new code.
How It Was Done
A 30-person advisory committee was appointed, balanced by being made up of these many interests. It contained representatives of:
- Code officials for all disciplines: building, fire, electric, mechanical, plumbing
Architects and Engineers - Builders and Rehabilitation Specialists
- Housing Advocates
- Downtown Development Groups
- Non-profits
- Just about any stakeholder imaginable.
The Basic thinking in the Committee’s approach to this task was :
- Now is NOT the right time to require citizens of NJ to take on additional work and concurrent cost. (This has not changed in the 20 or so years since the task was completed)
- An existing building undergoing partial renovation under the new Code should be no less safe than one not renovated.
- It would coordinate with the Uniform Fire Code. What is good for all existing buildings should be adequate for buildings being rehabilitated. A code should not require more of an owner who chooses to upgrade part of his building than one who does not. However, there are certain instances where the fire code retrofit will be exceeded for alarms and fire suppression.
- The building owner should be able to predict the scope and more importantly know what the cost of a project will be before any work is undertaken
- Requirements should be proportional to the proposed work. A code should not be so stringent as to discourage an incremental improvement.
With these principles in mind:
The Committee decided to divide all of the existing model codes into 2 parts: Material, and Methods and Scoping
The Material and Methods of the model codes would become a part of the Rehab Code, but, the scoping provisions would be completely rethought with existing buildings in mind.
More reliance would be placed on early warning devices and fire suppression with less reliance placed on dimension and construction type issues (An existing building already has a height and area, construction type and other dimensions, ie stair widths, corridor widths.) These could be left alone.
There were to be no arbitrary upgrades on:
- structural systems
- ventilation rates
- number of electrical devices
The Structure of the Code
There should be clear definitions for types of work to be done. See the categories below.
It should create a cookbook effect… that is, you would be able to pick what you want to do to your building from categories of work, and then control the scope of changes to suite your needs.
Several increasingly complex categories of change to an existing building were defined. Then the requirements were determined in advance of making and filing plans. Gotcha’s were to be avoided.
The categories were:
- Repairs
- Renovations
- Alterations
- Reconstruction
- Changes of Use: Hazard Indexes
- Historic: Comply existing with standards
Most code users feel this document provides an excellent level of life and fire safety with much less struggle in use.
The State’s Desired Effect:
- Increase adaptive reuse
- Control Suburban Sprawl
- Encourage urban reinvestment
- Stretch funding
HOW DID THEY DO?
Rehabilitation of existing buildings is a 4 BILLION dollar business in the State of NJ
In 1997, 1 year before the adoption of the Rehab Code, rehab work was up 12 % in NJ largest 16 cities.
In 1998, the year of the adoption of the new code, Rehab work was up 42% in the same cities.
Applications for historic tax credits were up five fold state-wide.
Just a fluke you say? In 1999, in the same cities, rehab work was up 62%.
In 2000 the numbers were interesting. Our 16 largest cites were up only 30 BUT the rest of the State jumped by more than 10 percent. Our interpretation of these numbers lead us to believe that people outside our inner-cities are catching on.
As a result of the exposure that this code has received, there has been interest from 15 State Governments, 160 cities and 4 Canadian Provinces in adopting something similar.
The City of Wilmington, Delaware has adopted the NJ document. So has a small town named Shawnee, Oklahoma.
There is serious interest from places like New York City, St Louis, Tulsa Oklahoma, Massachusetts, Connecticut, Rhode Island and Michigan.
The International Construction Counsel is developing an IEBC (existing buildings) and NJ is one of the models.
No opposition was heard when it was adopted, and little or none since.
As a virtually unique experience in the world of building codes, common sense was enacted into law by the adoption of this code – In New Jersey.
THE VERDICT?
Existing buildings in New Jersey are safer, and building owners are able to predict their costs before undertaking a project in an existing building. More older buildings are being brought up to date and remain in use, an excellent outcome.
There are occasional complaints from a cynical few, complaining about the cost and absurdity of being required to make certain improvements to their buildings. These are usually people who complain about any requirements about safety if they cost $$.
The NJ Rehabilitation Code has justifiably received many awards:
- 1998 New Jersey Historic Preservation Award
- 1999 National Award Winner for Innovations in American Government sponsored by the Ford Foundation, the John F. Kennedy School of Government at Harvard University, and the Council for Excellence in Government
- 1999 Pioneer Institute for Public Policy Research Award
- 1999 Council of State Governments Innovations Award
- 2000 International Downtown Association Special Achievement Award
- 2000 Public Service Excellence Award
About the Author:
Robert Sussna practices architecture, interior design, planning, and management of top-level projects for major educational, corporate, and institutional clients throughout the 7-State Mid-Atlantic region, His noteworthy works include the design and management of the $15M revitalized School of Engineering & Applied Science for Princeton U. As Executive Architect, he managed and designed the $25M upgrade of MarketFair Mall in West Windsor, NJ, which entailed coordinating 50 national and regional store build-outs, and obtaining all permits. He was designer/manager for the 60,000 sf Expansion and Alterations of the Siemens Corporate Research Co. at Forrestal Center, Princeton. Other clients include Bristol-Myers Squibb, General Electric, IBM, Johnson & Johnson, Lockheed Martin, PNC Bank NA, Princeton University, Rhone Poulenc Inc, Siemens, RCA, the State of NJ, the US Department of Defense, University Medical Center at Princeton, and Verizon.
In addition to creating the design concepts for projects, he frequently assists clients in shepherding projects through the complex of regulating bodies and gaining approvals for construction. He also provides forensic consulting and expert services to law firms, insurance companies, and most recently the NJ State Board of Architects. He has served the Supreme Court of NJ as public member for 4 years on the District VII Fee Arbitration Committee.
His architecture received a “Special Award of Merit” in Design from the New Jersey Chapter of the American Institute of Architects. His projects and articles have been published in professional and general interest publications, including New Jersey Architect, New Jersey Bar Journal, Law Office Economics & Management, The New York Times, and 1000 Architects. Sussna is an award winning architect, photographer and watercolorist, and is listed in Who’s Who In America. He currently devotes his time to running Sussna Architects PA, and watercolor painting.
Sussna received his Bachelor of Architecture degree from Cornell University, with coursework in the Cornell Law School. He has served as a Visiting Lecturer at the Graduate School of Education, Columbia University and as an Adjunct Professor of Interior and Environmental Design at The College of New Jersey. His architectural registrations have included New Jersey, New York, Pennsylvania, Delaware, Connecticut, Tennessee and Virginia. He is also certified by the National Council of Architectural Registration Boards.
Sussna is an Emeritus member of the American Institute of Architects (AIA) and has served on its National Practice and Health and Research Committees. He has held many leadership positions at the regional and state level including President of the Central Jersey Section and Treasurer of the New Jersey Chapter. He has been a member of the American Correctional Association, the American Society for Healthcare Engineering, the Building Officials and Code Administrators International, and the Health Facilities Research Program.
Click here for a link to Sussna Architects, P.A.
Your take on the construction code is interesting.
THIS SITE IS VERY GOOD
I NEED THE UNIFORM BUILDING CODE PRETAINING TO PORTABLE
WHEEL CHAIR RAMPS..THE REQUIREMENTS
AND THE DISABILITIES ACT
THANK YOU WILLIAM SHOUGH
“The regulations for temporary wheelchair ramps are found in the Americans With Disabilities Act, at ADA.Gov,
and at New Jersey Department of Community Affairs, http://www.state.nj.us/dca/codes, within the Uniform Construction Code (NJAC 5:23) which includes adopted
* International Building Code New Jersey Edition/ 2006
* International Residential Code New Jersey Edition/ 2006 (if residential)
* Subchapter 6, Rehabilitation Subcode (if an existing building)
* Subchapter 7, Barrier-Free Subcode including the ANSI A117.1-2003
I would like to know about the zoning law for Union NJ for boarding houses. Thank you
You have two basic options: (1) Review the Union Township Development ordinances. Most municipal websites provide links to their regulations. Union Township’s code is found at http://www.ecode360.com/?custId=UN1023 or (2) Go to the municipal complex and request a meeting with the Zoning Officer. Zoning Officers are in the field often and usually have limited office hours each week. I recommend calling in to schedule a meeting. Good luck,