by Bob Incollingo
This question came to me from a client in the emergency restoration business, pressed to justify the additional cost of an architect to prepare plans for a fire-damaged house in need of minor structural repairs.
Question. I need to know what the statute number is that mandates us to have an architect to do plans for a renovation job that requires structural damage repair.
Answer. "NJAC 5:23-2.15 Construction permits-application" is the citation you're after. It says in so many words that an architect has to prepare, sign and seal the plans unless (1) a single family homeowner draws them according to code, and (2) the code official is willing to give an opinion that they comply with the regulations. These two conditions to the exception make it highly unlikely that you can proceed without an architect where structural damage is concerned.
Discussion. Under a conditional exception to the State Board of Architects Law, NJSA 45:3-1 et seq., a registered home improvement contractor can advertise, offer and perform design services to the owner occupants of one or two family detached dwellings in connection with demolitions, enlargements or alterations made to the home until the time that it becomes necessary to make application for a construction permit. NJSA 45:3-10. If you step wide of that exception, you are breaking the law by practicing architecture without a license.
When does it become necessary to make application for a construction permit? Before the work begins, but no more than a year before it begins. “Before the work begins,” since (a) it's against the law to work on a building without a permit, unless you're subject to an exception (NJAC 5:23-2.14(a)), and (b) it’s illegal for a home improvement contractor to commence work until he is sure that all applicable state or local building and construction permits have been issued as required under state laws or local ordinances. NJAC 13:45A-16.2.10.(i). “No more than a year before” work begins, since building permits expire one year from date of issue or six months after issued if work is suspended or abandoned. NJAC 5:23-2.16(b).
Otherwise, only licensed electrical, plumbing, and mechanical contractors are permitted to draft construction plans for their specific discipline and submit them in support of a permit application, providing the work is for a Class 3 building, which includes one and two family homes.
After the time that it becomes necessary to apply for a construction permit pursuant to the State Uniform Construction Code Act, home improvement contractors are NOT permitted to draft plans for homeowners. Under the UCC Act, by regulation, a construction official can only waive the requirement for sealed plans in the case of a single family homeowner who has prepared his or her own plans for the construction, addition, reconstruction, alteration, renovation, or repair of a detached structure used or intended to be used exclusively as his or her private residence providing that the owner also submits an affidavit attesting to the fact that he or she has personally prepared the plans and provided further that said plans are in the opinion of the construction official, and appropriate subcode official, legible and complete for purposes of ensuring compliance with the regulations. NJAC § 5:23-2.15.
Here are the portions of the regulation which apply:
“NJAC 5:23-2.15 - Construction permits-application
“(a) …
“(f) Plans, plan review, plan release:
“1. Plans and specifications: The application for the permit shall be accompanied by no fewer than two copies of specifications and of plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. Plans submitted shall be required to show only such detail and include only such information as shall be necessary to demonstrate compliance with the requirements of the code and these regulations or to facilitate inspections for code conformity. When quality of materials is essential for conformity to the regulations, specific information shall be given to establish such quality; and this code shall not be cited, or the term "legal" or its equivalent be used, as a substitute for specific information.
“i. …
“vii. Engineering details and specifications: The construction official and appropriate subcode official may require adequate details of structural, mechanical, plumbing, and electrical work, including computations, stress diagrams, and other essential technical data to be filed. All engineering plans and computations shall bear the seal and signature of the licensed engineer or registered architect responsible for the design. Plans for buildings shall indicate how required structural and fire-resistance rating will be maintained for penetrations made for electrical, mechanical, plumbing, and communication conduits, pipes, and systems.
“(1) Plans for class 3 structures may be prepared by persons licensed or certified pursuant to their respective laws and rules.
“(2) Whenever the licensing board or certifying agency pursuant to the applicable rules shall provide for a seal or other form of identification evidencing that the holder is licensed or certified, such shall be acceptable to the enforcing agency in lieu of affidavit.
“viii. Work area: For reconstruction work in an existing structure, the work area shall be clearly delineated on the plans.
“...
“ix. Architect's or engineer's seal: The seal and signature of the registered architect or licensed engineer who prepared the plans shall be affixed to each sheet of each copy of the plans submitted and on the first or title sheet of the specifications and any additional supportive information submitted.
“(1) Exception: The construction official shall waive the requirement for sealed plans in the case of a single family home owner who had prepared his or her own plans for the construction, addition, reconstruction, alteration, renovation, or repair of a detached structure used or intended to be used exclusively as his or her private residence providing that the owner shall submit an affidavit attesting to the fact that he or she has personally prepared the plans and provided further that said plans are in the opinion of the construction official, and appropriate subcode official, legible and complete for purposes of ensuring compliance with the regulations. This exception shall not apply to the structural design, specifications, and plans for new construction or substantial improvement of a home in a V zone in a flood hazard area, which must be developed or reviewed by a registered architect or licensed engineer pursuant to the National Flood Insurance Program rules, 44 CFR 60.3.
“x. The construction official upon the advice of the appropriate subcode official may waive the requirement for plans when the work is of a minor nature.
“…”
NJAC 5:23-2.15A - Construction permit for a single-family residence, is in accord, at NJAC 5:23-2.15A (b)4.i.
(end)
Bob Incollingo is a dedicated South Jersey construction attorney who litigates construction, business, and real estate cases in Gloucester County, Burlington County, and Camden County, New Jersey from his office in Cherry Hill. Special thanks to Charlie Kojeski and Kevin Haines of Construction and Restoration, LLC in Medford, New Jersey for this topic.
