Codes

November ’06

2006 International Codes

The Department of Community Affairs (DCA) has proposed to update the state’s construction codes to the 2006 versions by early next year. The updated codes would include the International Residential Code, International Building Code, International Fuel Gas Code, International Mechanical Code, National Standard Plumbing Code and the International Energy Conservation Code. The 2006 International Energy Conservation Code (IECC) would replace the 1995 Model Energy Code as the energy subcode. This will be the largest simultaneous subcode implementation from the same edition year since 1993.

As with previous code editions, DCA will amend the national versions for use within the state. Once the subcodes are adopted, a 6-month grace period applies after which they become mandatory. Within the 6-month grace period, plans may be submitted which were designed to either the previous codes or the new ones.

In anticipation of the new codes, NJBA has been monitoring their progression from the national hearings down to the state’s proposals. Notable areas of concerns that reduce affordability are: (1) a requirement for fire sprinklers in all residential structures built to the International Building Code; (2) increased fire rating requirements for exterior walls that are within three to five feet of another structure; (3) increased wind design requirements that will increase costs on average from 3% to 6% for almost half of the state; and (4) a minimum window sill height requirement of 24 inches for windows higher than 6 feet from the ground. NJBA submitted comments to DCA regarding items of concern in the 2006 codes.

Affordable Housing Required To Be Adaptable

Recent amendments to the Fair Housing Act now require affordable housing units (those for which municipal fair share credit is sought) to meet certain barrier free requirements.

Affordable units now require: (1) an adaptable entrance into the dwelling unit; (2) an adaptable kitchen on the first floor; (3) an adaptable bathroom on the first floor; (4) an accessible interior route of travel throughout the first floor; and (5) an adaptable room with a door or casing, which can be used as a bedroom on the first floor.

According to DCA, submitted building plans need to show how adaptable entrances can be made accessible via the use of an exterior ramp, a platform lift or a limited use limited application elevator. Special attention needs to be given to the terrain’s slope when designing the accessible entrance, since an accessible ramp cannot exceed a slope of 1:12 and requires a landing for every 30 inches of rise. Sufficient funds must be deposited by the builder into the Affordable Housing Trust Fund to convert 10% of the adaptable entrances at a later date into accessible entrances. Depositing of the funds are not required if the entrances are made accessible prior to the certificate of occupancy.

Since the adaptable room on the first floor can potentially be used as a bedroom, it must be capable of a hard wired smoke alarm installation and have an egress window. This requires changes to traditional townhouse first floor layouts since the adaptable room must always be adjacent to an exterior wall to accommodate the egress window- a layout dilemma for interior units with exterior walls only at the front and rear!

Although it is clear that affordable townhouses will have to meet the adaptable requirements, it is unclear whether multi floored one, two or three family dwellings are exempt from the law. NJBA has requested clarification from DCA on this matter and regulations are forthcoming.

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