Bill Text: NJ S3951 | 2018-2019 | Regular Session | Amended
Bill Title: Requires promulgation of separate code criteria for certain buildings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-06-20 - Recommitted to Senate Budget and Appropriations Committee [S3951 Detail]
Download: New_Jersey-2018-S3951-Amended.html
Sponsored by:
Senator BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Requires promulgation of separate code criteria for certain buildings.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 17, 2019, with amendments.
An Act concerning certain farm building code requirements, amending P.L.1975, c.217 and P.L.1986, c.119, and amending and supplementing P.L.1983, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1975, c.217 (C.52:27D-121) is amended to read as follows:
3. Definitions. As used in P.L.1975, c.217 (C.52:27D-119 et seq.):
"Building" means a structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
"Business day" means any day of the year, exclusive of Saturdays, Sundays, and legal holidays.
"Certificate of occupancy" means the certificate provided for in section 15 of P.L.1975, c.217 (C.52:27D-133), indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the State Uniform Construction Code and any ordinance implementing said code.
"Commissioner" means the Commissioner of Community Affairs.
"Code" means the State Uniform Construction Code.
1"Commercial farm" means the same as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3).1
"Commercial farm building" means any building located on a commercial farm which produces not less than $2,500 worth of agricultural or horticultural products annually, which building's main use or intended use is related to the production of agricultural or horticultural products produced on that farm. A building shall not be regarded as a commercial farm building if more than 1,200 square feet of its floor space is used for purposes other than its main use. A greenhouse constructed in conjunction with the odor control bio-filter of a solid waste or sludge composting facility, which greenhouse produces not less than $2,500 worth of agricultural or horticultural products in addition to its function as a cover for the bio-filter, shall be considered a commercial farm building for the purposes of P.L.1975, c.217 (C.52:27D-119 et seq.), provided, however, that the greenhouse is not intended for human occupancy.
"Construction" means the construction, erection, reconstruction, alteration, conversion, demolition, removal, repair or equipping of buildings or structures.
"Construction board of appeals" means the board provided for in section 9 of P.L.1975, c.217 (C.52:27D-127).
"Department" means the Department of Community Affairs.
"Enforcing agency" means the municipal or county construction official and subcode officials provided for in section 8 of P.L.1975, c.217 (C.52:27D-126), or section 1 of P.L.2018, c.157 (C.52:27D-126.8) regarding a pilot county in the "County Code Enforcement Pilot Program," and assistants thereto.
"Equipment" means plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire prevention equipment, and elevators, dumbwaiters, escalators, boilers, pressure vessels and other mechanical facilities or installations.
"Hearing examiner" means a person appointed by the commissioner to conduct hearings, summarize evidence, and make findings of fact.
"Maintenance" means the replacement or mending of existing work with equivalent materials or the provision of additional work or material for the purpose of the safety, healthfulness, and upkeep of the structure and the adherence to the other standards of upkeep as are required in the interest of public safety, health and welfare.
"Manufactured home" or "mobile home" means a unit of housing which:
(1) Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
(2) Is built on a permanent chassis;
(3) Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
(4) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," Pub.L.93-383 (42 U.S.C. s. 5401 et seq.) and the standards promulgated by the commissioner pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.).
"Municipality" means any city, borough, town, township or village.
"Outdoor advertising sign" means a sign required to be permitted pursuant to P.L.1991. c.413 (C.27:5-5 et seq.).
"Owner" means the owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee, or any other person, firm or corporation, directly or indirectly in control of a building, structure, or real property and shall include any subdivision thereof of the State.
"Premanufactured system" means an assembly of materials or products that is intended to comprise all or part of a building or structure and that is assembled off site by a repetitive process under circumstances intended to insure uniformity of quality and material content.
"Public school facility" means any building, or any part thereof, of a school, under college grade, owned and operated by a local, regional, or county school district.
"Seasonal agricultural labor housing" means the same as that term is defined pursuant to regulations adopted by the Director of the Division of Taxation in the Department of the Treasury under chapter 15 of Title 18 of the New Jersey Administrative Code.
"State sponsored code change proposal" means any proposed amendment or code change adopted by the commissioner in accordance with subsection c. of section 5 of P.L.1975, c.217 (C.52:27D-123) for the purpose of presenting the proposed amendment or code change at any of the periodic code change hearings held by the National Model Code Adoption Agencies, the codes of which have been adopted as subcodes under P.L.1975, c.217 (C.52:27D-119 et seq.).
"Stop construction order" means the order provided for in section 14 of P.L.1975, c.217 (C.52:27D-132).
"State Uniform Construction Code" means the code provided for in section 5 of P.L.1975, c.217 (C.52:27D-123), or any portion thereof, and any modification of or amendment thereto.
"Structure" means a combination of materials to form a construction for occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land; provided the word "structure" shall be construed when used herein as though followed by the words "or part or parts thereof and all equipment therein" unless the context clearly requires a different meaning.
(cf: P.L.2018, c.157, s.2)
2. Section 2 of P.L.1986, c.119 (C.52:27D-123.2) is amended to read as follows:
2. a. Notwithstanding any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.), the Commissioner of [the Department of] Community Affairs and the Secretary of Agriculture shall, within 270 days of the effective date of [this amendatory and supplementary act] P.L.1986, c.119 (C.52:27D-123.2 et seq.), jointly promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), separate construction code criteria for commercial farm buildings. The Commissioner of Community Affairs shall, upon adoption, incorporate these criteria into the State Uniform Construction Code.
b. The Secretary of Agriculture shall, in consultation with the Commissioner of Community Affairs and all other interested and affected parties, prepare the criteria to be proposed for adoption pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The Secretary may, in his discretion, make use of the services of Rutgers, The State University to prepare the proposed criteria.
c. The Commissioner of Community Affairs and the Secretary of Agriculture shall, to the greatest extent possible, ensure that the criteria provide no impediment to the orderly development of the State's agricultural and horticultural enterprises. They shall pay particular attention to establishing separate height, area, fire protection, and construction type requirements which are more suitable to agricultural and horticultural uses than those which are presently incorporated in the State Uniform Construction Code.
d. The Commissioner of Community Affairs and the Secretary of Agriculture shall ensure that, to the greatest extent possible, criteria are completely eliminated for structures and buildings which are not intended for human occupancy, such as storage bins, silos, and the like.
e. (1) Notwithstanding any other provision of P.L.1975, c.217 (C.52:27D-119 et seq.), the Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Secretary of Agriculture shall, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), jointly promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), separate construction code criteria for seasonal agricultural labor housing. The Commissioner of Community Affairs shall, upon adoption, incorporate these criteria into the State Uniform Construction Code.
(2) The Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Secretary of Agriculture shall ensure that the criteria promulgated pursuant to paragraph (1) of this subsection protect the occupants of seasonal agricultural labor housing, while also minimizing, to the greatest extent possible, any impediment to the orderly development of the State's agricultural and horticultural enterprises.
(cf: P.L.1986, c.119, s.2)
3. Section 5 of P.L.1983, c.383 (C.52:27D-196) is amended to read as follows:
5. As used in [this act] P.L.1983, c.383 (C.52:27D-192 et seq.):
a. "Commissioner" means the Commissioner of [the Department of] Community Affairs or 1[his] the commissioner's1 delegate.
b. "Department" means the Department of Community Affairs.
c. "Fire safety commission" means the fire safety commission created by section 5 of P.L. 1983, c. 382 (C. 52:27D-25e).
d. "High-rise structure" means a building or structure having 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.
e. "Life hazard use" means a building or structure, or part thereof, classified in any of the following use groups in the 1981 edition of the Building Officials and Code Administrators International (BOCA) Basic Building Code: A-1, A-2, A-3, A-5, and I, a covered mall subject to section 630.0 of the 1981 edition of the BOCA Basic Building Code, and any other use which the commissioner defines by regulation as a life hazard.
f. "Dwelling unit" means a room, suite, or apartment which is occupied or intended to be occupied for dwelling purposes by one or more persons living independently of persons in similar dwelling units.
g. "Enforcing agency" means the department, a municipal or county department or agency, or a fire district which has been authorized by municipal ordinance to enforce [this act] P.L.1983, c.383 (C.52:27D-192 et seq.).
h. "Protective equipment" mean any equipment, device, system, or apparatus permitted or required by the commissioner to be constructed or installed in or upon a building, structure, or premises for the purpose of protecting the occupants or intended occupants thereof, fire fighters, or the public generally from fire or other products of combustion.
i. "Owner" means a person who owns, purports to own, manages, rents, leases, or exercises control over a building, structure, or premises.
j. 1"Commercial farm" means the same as that term is defined in section 3 of P.L.1983, c.31 (C.4:1C-3).
k.1 "Commercial farm building" means any building located on a commercial farm which produces not less than $2,500 worth of agricultural or horticultural products annually, which building's main use or intended use is related to the production of agricultural or horticultural products produced on that farm. A building shall not be regarded as a commercial farm building if more than 1,200 square feet of its floor space is used for purposes other than its main use. A greenhouse constructed in conjunction with the odor control bio-filter of a solid waste or sludge composting facility, which greenhouse produces not less than $2,500 worth of agricultural or horticultural products in addition to its function as a cover for the bio-filter, shall be considered a commercial farm building for the purposes of P.L.1983, c.383 (C.52:27D-192 et seq.), provided, however, that the greenhouse is not intended for human occupancy.
1[k.] l.1 "Seasonal agricultural labor housing" means the same as that term is defined pursuant to regulations adopted by the Director of the Division of Taxation in the Department of the Treasury under chapter 15 of Title 18 of the New Jersey Administrative Code.
(cf: P.L.1983, c.383, s.5)
4. (New section) a. (1) Notwithstanding any other provision of P.L.1983, c.383 (C.52:27D-192 et seq.), the Commissioner of Community Affairs and the Secretary of Agriculture shall, within 270 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), jointly promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), separate fire safety code criteria for commercial farm buildings. The Commissioner of Community Affairs shall, upon adoption, incorporate these criteria into the uniform fire safety code promulgated pursuant to section 7 of P.L.1983, c.383 (C.52:27D-198).
(2) The 1[Secretary of Agriculture] Commissioner of Community Affairs1 shall, in consultation with the 1[Commissioner of Community Affairs] Secretary of Agriculture1 and all other interested and affected parties, prepare the criteria to be proposed for adoption pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The 1[Secretary] Commissioner of Community Affairs1 may make use of the services of Rutgers, The State University to prepare the proposed criteria.
(3) The Commissioner of Community Affairs and the Secretary of Agriculture shall, to the greatest extent possible, ensure that the criteria provide no impediment to the orderly development of the State's agricultural and horticultural enterprises.
(4) The Commissioner of Community Affairs and the Secretary of Agriculture shall, to the greatest extent possible, ensure that criteria are completely eliminated for structures and buildings which are not intended for human occupancy, including but not limited to storage bins and silos.
b. (1) Notwithstanding any other provision of P.L.1983, c.383 (C.52:27D-192 et seq.), the Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Secretary of Agriculture shall, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), jointly promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), separate fire safety code criteria for seasonal agricultural labor housing. The Commissioner of Community Affairs shall, upon adoption, incorporate these criteria into the uniform fire safety code promulgated pursuant to section 7 of P.L.1983, c.383 (C.52:27D-198).
(2) The Commissioner of Community Affairs, the Commissioner of Labor and Workforce Development, and the Secretary of Agriculture shall ensure that the criteria promulgated pursuant to paragraph (1) of this subsection protect the occupants of seasonal agricultural labor housing, while also minimizing, to the greatest extent possible, any impediment to the orderly development of the State's agricultural and horticultural enterprises.
5. This act shall take effect immediately.
