PERMITS - WHEN REQUIRED?
(a) It shall be
unlawful to construct, enlarge, alter or demolish a structure, or change
the occupancy of a building or structure requiring greater strength,
exit way or sanitary provisions, or to change a different use group, or
to install or alter any equipment for which provision is made or the
installation of which is regulated by this chapter, or to undertake a
project involving lead abatement in accordance with 5:17, without first
filing an application with the construction official or the appropriate
sub code official where the construction involves only one trade or in
writing and obtaining the required permit therefore.
(b) The following
are exceptions from (a) above:
1. Ordinary repairs
as defined by NJAC 5:23-2.7 shall not require a permit or notice
to the enforcing agency;
2. Minor work as
defined by NJAC 5:23-2.17A shall require a permit. However, work may
proceed upon notice to the enforcing agency, before the permit is
3. Emergency work
not involving lead abatement, except that a permit shall be applied for
or notice given as soon thereafter as is practicable, but not later than
72 hours thereafter.
requirements for tents and membraned structures shall be as set forth in
NJAC 5:23-3.14(b)16i. A temporary greenhouse meeting the criteria set
forth in NJAC 5:23-3.14(b) shall not require a permit except as
otherwise provided in NJAC 5:23-3.14(b)16i(5).
5. Gas utility
company shall not be required to obtain a permit or give notice to the
enforcing agency for replacement of interior gas utility company-owned
metering (meter and related appurtenances) by exterior gas utility
company owned-metering if the work is performed by qualified employees
of the gas utility company.
IS ORDINARY REPAIR? NJAC 5:23 - 9.3
Interpretation - Ordinary Repairs
(a) The following items are ordinary repairs and shall be treated as
such by every enforcing agency. No permits for, inspections of, or
notice to the enforcing agency of ordinary repairs shall be required.
This is not an all-inclusive listing of ordinary repairs.
1. Ordinary building repairs include:
i. Exterior and interior painting;
Installation, repair or replacement of any interior finishes of less
than 25% of the wall area in any given room, in a one- or two-family
dwelling. This shall include plastering and drywall installation.
(1) Vinyl wall covering of any amount is an ordinary repair.
(2) Paneling shall not be considered an ordinary repair.
Wall papering at any location;
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;
The installation or 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. "(Any new window or door shall be of the same type and
operation as the existing window or door and conform to the requirements
of the code regarding means of egress and emergency escape)"
"The installation and 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.";
The repair of any nonstructural member such as a "(railing)"
"partition railing or kitchen cabinet";
The repair or replacement of any interior or exterior trim, decoration
The replacement or installation of any flooring material, except
carpeting, with a new material. However, installation of carpeting
in one- and two-family dwellings will be permitted under ordinary
The repair of existing roofing material not exceeding 25% of the total
roof area within any period.
The repair of existing siding with like material not exceeding 25% of
the total building exterior wall area within any period.
The repair or replacement of any part of a porch or stoop which does not
structurally support a roof above.
The replacement or installation of screens.
The replacement of any roll or batt insulation when installed adjacent
to or not more than one and a half inches from an interior finish, and;
Replacement of exterior rain water gutters and leaders.
2. Ordinary plumbing repairs include:
i. Replacement of hose bib valves in single-family dwellings.
Replacement hose bib valves shall be provided with an approved
atmospheric vacuum breaker;
Re finishing of existing fixtures. Relining of fixtures shall not
be considered an ordinary repair;
Replacement of ball cocks. Replacement ball cocks must be an
approved anti-siphon type.
Repairs of leaks involving the replacement of piping between two
adjacent joints only;
Clearance of stoppages;
Replacements of faucets or working parts of faucets;
Replacements of working parts of valves;
Replacements of traps except for traps on culinary sinks in
food-handling establishments "(and)"
Replacement of a water closet or lavatory or kitchen sink in a
single-family dwelling with an approved similar fixture provided that no
change in the piping arrangement is made. "Replacement water
closets bearing a date of July 1, 1991, or later, must use an average of
1.6 gallons or less of water per flushing cycle; and
Replacement of domestic clothes washers and dishwashers."
3. Ordinary electrical repairs include:
i. The replacement of any receptacle, switch, or lighting fixture
rated at 20 amps or less and operating at less than 150 volts to ground
with a like or similar item. Replacement of receptacles in
locations where circuit interrupter protection is required in the
electrical subcode, shall not be considered ordinary electrical repairs;
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; "(and)"
Installation of communications wiring as covered by article 800 of the
electrical subcode in one- and two-family dwellings, or the
alteration/rearrangement of existing communications wiring in other
occupancies provided, however, 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 "(.)"
Replacement of domestic dishwashers and
Replacement of kitchen range hoods in single-family dwellings."
4. Ordinary fire protection repairs include:
i. The replacement of any sprinkler or smoke detector or heat
detector head with a like device and
The repair or replacement of any component of a fire-alarm or smoke- and
5. Ordinary heating ventilation and air conditioning repairs shall
i. Replacement of motors, pumps and fans of the same capacity;
Repair and replacement of heating, supply and return piping and
radiation elements which does not require rearrangement of the piping
Repair and replacement of duct work;
Repair of air conditioning equipment and systems, and
Repair or replacement of control devices for heating and air
conditioning equipment "(.)" "and
Replacement of kitchen range hoods in single-family dwellings."
IS MINOR WORK?
5:23 - 2.17A(c)
(c) Minor Work:
1. Minor work shall mean and include the construction or total
replacement of any porch or stoop which does not provide structural
support for any roof or portion of a building; the construction or
alteration of any rooms within an existing one- or two-family dwelling,
provided that no structural members are altered in any way; the removal
and replacement of more than 25% of the exterior siding of a one- or
2. Minor work shall also mean and include the replacement of any
existing plumbing piping work with new and approved material of like
capacity; the installation of drinking fountains and condensate drains
in existing structures; the replacement of existing low-pressure hot
water heaters with new ones of like capacity; and the new installation
of lavatories, water closets, tubs, showers, washers or dishwashers, and
garbage disposers in existing space of one- and two-family dwellings
where the new installation of additional fixtures can be accommodated
with no increase in the size of the water distribution system, water
service or house drain;
3. Minor work shall also mean and include new electrical work
incidental to the installation of air conditioning, equipment, clothes
dryers, and ranges or ovens in one- and two-family dwellings; the
installation of five or less 110 or 220 volt receptacles or fixtures
where existing circuits and/or available space circuits and service are
adequate to support the load; the replacement of existing wiring with
new wiring of the same capacity provided that the new wiring shall be of
a type approved for the use by the code;
4. Minor work shall also mean and include the installation of any
fire detection or suppression device in any one- or two-family dwelling;
installation of a radon mitigation system in an existing detached one-
or two-family dwelling; the installation of a burglar alarm or security
system in any structure and the installation of a low voltage
communication system in any structure other than a one- or two-family
5. Minor work shall not include lead abatement.