Township of Morris NJ - Construction Code Enforcement Office

It shall be unlawful to construct, enlarge, repair, renovate, alter, reconstruct or demolish a structure, or change the use of a building or structure, or portion thereof, 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 N.J.A.C. 5:17, without first filing an application with the construction official, or the appropriate subcode official where the construction involves only one subcode, in writing and obtaining the required permit therefor.

Exception: No permit shall be required for ordinary maintenance as defined in N.J.A.C. 5:23-1.4 and 2.7.

The follow are exceptions from (a) above:
- Ordinary maintenance as defined in N.J.A.C. 5:23-2.7 shall not require a permit or notice to the enforcing agency;
- Minor work as defined by N.J.A.C. 5:23-2.17A shall require a permit. However, work may proceed, upon notice to the enforcing agency, before the permit is issued;
- 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;
- Permit requirements for tents and membraned structures shall be in accordance with N.J.A.C. 5:23-3.14(b)20ii. A temporary greenhouse meeting the criteria of N.J.A.C. 5:23-3.14(b)20ii(4) shall not require a permit except as otherwise provided in N.J.A.C. 5:23-3.14(b)20ii(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.
- A permit shall not be required for a sign that meets all of the following conditions; provided, however, that the construction official shall have authority to require the removal of any sign that creates an unsafe condition or otherwise to require correction of any such condition:
  - It is supported by uprights or braces in or upon the ground surface;
  - It is not served by an electrical circuit directly connected to the sign;
  - It is not greater than 25 square feet in surface area (one side); and
  - It is not more than six feet above the ground (mounted height).
- Lead abatement work performed on a steel structure or other superstructure or in a commercial building.
- A permit shall not be required for garden type utility sheds and similar structures, which are 100 square feet or less in area, 10 feet or less in height and accessory to buildings of Use Groups R-2, R-3, or R-4. Such garden type utility sheds and similar structures are required to comply with N.J.A.C. 5:23-9.9.
- A permit shall not be required for fences six feet or less in height. This exception does not apply to barriers surrounding public or private swimming pools.
No person shall construct, enlarge, alter, reconstruct, or demolish a retaining wall or series of retaining walls having a total height four feet or greater, or a retaining wall less than four feet having a negative impact on a foundation, without first obtaining a construction permit. The height of a retaining wall shall be the sum of the heights of all retaining walls on the same slope.

Exception: This requirement shall not apply to any retaining wall that is intended to be dedicated to the municipality and is subject to regulation, inspection, and the issuance of bonds under Article 6, Subdivision and Site Plan Review and Approval, of the Municipal Land Use Law, P.L. 1975, c.291 (N.JU.S.A. 40:55D-37 et seq.).

NJAC 5:23-2.7 Ordinary Maintenance^*
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Ordinary maintenance to structures may be made without filing a permit application with or giving notice to the construction official.
Such maintenance shall not include any of the following:
- The cutting away of any wall, partition or portion thereof;
- The removal or cutting of any structural beam or bearing support;
- The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements;
- Any work affecting structural or fire safety;
- Any work that will increase the nonconformity of any existing building or structure with the requirements of the regulations;
- Addition to, or alteration, replacement ore relocation of:
  - Any standpipe;
  - Water supply, sewer, drainage, gas, soil, waste, vent or similar piping;
  - Electrical wiring, other than wiring for a low voltage communication system in a one- or two-family dwelling; or
  - Mechanical or other work affecting public health or general safety; or
- Any work undertaken for the purpose of lead abatement.

NJAC 5:23-9.3 Interpretation: Ordinary Maintenance^*
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The following items are ordinary maintenance and shall be treated as such by every enforcing agency. No permits for, inspection of, or notice to the enforcing agency of ordinary maintenance shall be required. This is not an all-inclusive listing of ordinary maintenance.

Ordinary maintenance shall include:
- 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 considered maintenance;
  - (2) Paneling shall not be considered ordinary maintenance;
- Wall papering at any location;
- The replacement of glass in any window or door. However the replacement of glass shall be of a type and quality that complies with the minimum requirements of the code;
- The installation and 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 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 non-structural member such as a partition railing or kitchen cabinet;
- The repair or replacement of any interior or exterior trim, decoration or moldings;
- The replacement of 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 maintenance;
- The repair of existing roofing material not exceeding 25 percent of the total roof area within any 12 month period;
- The repair of existing siding with like material not exceeding 25 percent of the total building exterior wall area within any 12 month 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 installation 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.
Ordinary plumbing maintenance shall include:
- Replacement of hose bib valves in single family dwellings. Replacement hose bib valves shall be provided with an approved atmospheric vacuum breaker;
- Refinishing of existing fixtures. Relining of fixtures shall not be considered to be ordinary maintenance;
- Replacement of ball cocks. Replacement ball cocks must be an approved anti-siphon type;
- Repair of leaks involving the replacement of piping between two adjacent joints only;
- Clearance of stoppages;
- Replacements of faucets or working parts of faucets;
- Replacement of valves (including shower or combination bath/shower valves in a single family dwelling);
- Replacements of working parts of valves, including, but not limited to, shower or combination bath/shower valves;
- Replacement of traps except for traps on culinary sinks in food handling establishments;
- Replacement of a water closet, and/or lavatory, and/or bathtub or shower unit and/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 stamp 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.
Ordinary electrical maintenance shall include:
- 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 ground-fault 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;
- 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; and
- Replacement of domestic dishwashers; and
- Replacement of kitchen range hoods in single family dwellings.
Ordinary fire protection maintenance shall include:
- The replacement of any sprinkler or smoke detector or heat detector head with a like device;
- The repair of replacement of any component of a fire alarm or smoke and heat detection equipment (other than the replacement of a fire alarm control panel); and
- The installation of battery-powered smoke detectors.
Ordinary heating, ventilation and air conditioning maintenance shall include:
- The replacement of motors, pumps and fans of the same capacity;
- The repair and replacement of heating, supply and return piping and radiation elements, which does not require rearrangement of the piping system;
- 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;
- Replacement of clothes driers serving and located within dwelling units, provided that not change in fuel type or location or electrical characteristics is required.
- Replacement of stoves and ovens in swelling units, provided no change in fuel type or location or electrical characteristics is required.

NJAC 5:23-2.17A Minor Work^*
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The issuance of a permit shall not be required before minor work may proceed. The owner, or an architect or contractor acting on behalf of the owner, shall, however, provide notice of the work to the enforcing agency before work begins.
Notice of work; application:

Notice of minor work shall be a personal or telephoned oral notice before work commences. This oral notice shall be provided to the enforcing agency between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. In those cases where the local enforcing agency is not open and available to receive notice at those times then notice shall be provided to the municipal clerk;
In addition to oral notice, the owner or his agent shall be required to file an application. The completed application with the fee shall be delivered in person or by mail to the enforcing agency, within five business days from the date of the oral notice.

Minor Work:
- Minor work shall mean and include:
  - The construction or total replacement of any porch or stoop which dose not provide structural support for any roof or portion of a building;
  - Renovation or alteration work in an existing one or two-family dwelling, provided that no primary structural members are altered in any way, and further provided that the work does not constitute reconstruction; and
  - The removal and replacement of more than 25 percent of the exterior siding of a one or two-family dwelling;
- 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;
- 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;
- 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 dwelling;
- Minor work shall not include lead abatement.
Inspection of minor work:

Inspections shall be required for minor work and the enforcing agency shall inspect any such work within 30 days of the request for inspection;
The construction official shall issue a certificate of approval stating that the work performed under a Minor Work Permit substantially complies with the UCC. The inspection shall be based upon what is visible at the time of said inspection and the certificate of approval shall so indicate.

Tents and Temporary Greenhouses^*
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Temporary structures: A construction permit is required for the erection, operation or maintenance of all temporary structures (excluding tents and tensioned membrane structures) covering an area in excess of 120 square feet, including all connecting areas or spaces with a common means of egress or entrance, or which are used or intended to be used for gatherings of 10 or more persons;
Tents with appurtenances: A construction permit is required for the erection operation or maintenance of all tents or tensioned membrane structures of any size if they contain appurtenances such as platforms or electrical equipment;
Tens without appurtenances: No permit is required for the erection operation or maintenance of all tents or tensioned membrane structure without appurtenances if the tent or structure is no more than 900 square feet in area and no more than 30 feet in any dimension (excluding canopies), whether it is one unit or composed of multiple units. Tents used exclusively for recreational camping purposes shall be exempt from the above requirements.
A temporary greenhouse, also called a "hoop-house" or "polyhouse," used exclusively for the production or storage of live plants, shall be exempt from the permit requirements of the Uniform Construction Code if it meets the following criteria
- There is no permanent anchoring system or foundation;
- There is no storage, temporary or otherwise, of solvents, fertilizers, gases, or other chemical or flammable materials;
- The structure is no wider than 31 feet and there is an unobstructed path of no greater length than 150 feet from any point to a door or fully accessible wall area; and
- The covering of the structure is of a material no greater than six mails (152.4 micrometers) in thickness, conforming to NFPA 701 standard, that yields approximately four pounds of maximum impact resistance to provide egress through the wall.
The provisions of the Uniform Construction Code at N.J.A.C. 5-23:3-14(b)20ii(4) notwithstanding, if a temporary greenhouse contains any device subject to the electrical subcode or any mechanical equipment subject to the mechanical subcode, a permit shall be required for the device, system or fixture only. If the temporary greenhouse is connected to a potable water system, a permit shall be required for the backflow prevention devices only.

5:23-9.9 Foundation systems for garden type utility sheds and similar structures^*
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Garden type utility sheds and similar structures which are 100 square feet or less in area, 10 feet or less in height and accessory to Use Groups R-2, R-3 or R-4 shall not be required to have a foundation system which extends below the frost line. These structures shall be off sufficient weight to remain in place or shall be anchored to the ground.
Garden type utility sheds and similar structures which are greater than 100 square feet but not more than 200 square feet in area, 10 feet or less in height, and accessory to Use Groups R-2, R-3 or R-4 are not required to be provided with a foundation system that extends below the frost line provided the shed is dimensionally stable without the foundation system. A shed considered dimensionally stable if it is provided with a floor system which is tied to the walls of the structure such that it reacts to loads as a unit. These sheds shall be placed on a bed of gravel not less than four inches in depth or shall have other frost protected design. These structures shall be of sufficient weight to remain in place or shall be anchored to the ground.

^* N.J.A.C. citations as of April 2005