Construction Permit Information

The State of New Jersey establishes the rules for “when” construction permits are “required” (NJAC 5:23-2.14 Construction permits-when required). The Township is responsible for enforcing these State rules and issuing construction permits. There are various types of defined work categories; some are considered “ordinary maintenance” which does not require a construction permit or inspection. Almost all other construction work does require a permit in accordance with the State rules. 

“Emergency work” may occur at any time without notice to the Township or permit issued, however, construction permits are still required for emergency type work where the permit applications must be submitted to the Township within 72 hours of the emergency work performed.

Major work, minor work and emergency work are categories of work describing the types of construction work and permit guidance or exceptions. Contact the Department at 732-264-1700 if you do not see your specific project or component listed for additional information and permit guidance.

Major Work

New buildings, additions, alterations and repairs all count as major work. Major work requires construction permits prior to work commencing and in most cases also requires a zoning approval. Wood decks, swimming pools, hot tubs and sheds are considered to fall within this category of work.

Minor Work

Minor work is a category of listed work for one and two family residential structures such as roofing, siding and water heater replacements that require a construction permit; however, the work may proceed after formal notification is made to the Township. 

Available permits include:

• AC Units
• Electrical Fixtures
• Emergency Work
• Furnaces
• HVAC
• Radon Systems
• Water Boilers
• Water Heater

Emergency Work

Emergency work may proceed without notice or permit. The permit must be applied for or notice received no later then 72 hours after work commences.

5:23-2.7 Ordinary maintenance

Ordinary maintenance to structures may be made without filing a permit application with or giving notice to the construction official.

(b) Ordinary maintenance shall not include any of the following:

1. The cutting away of any wall, partition or portion thereof;

2. The removal or cutting of any structural beam or bearing support;

3. The removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements;

4. Any work affecting structural or fire safety;

5. Any work that will increase the nonconformity of any existing building or structure with the requirements of the regulations;

6. Addition to, or alteration, replacement or relocation of:

i. Any standpipe;

ii. Water supply, sewer, drainage, gas, soil, waste, vent or similar piping;

iii. Electrical wiring, except that the following shall be considered ordinary electrical maintenance:

(1) Communications wiring in a Class 3 structure provided that the installation does not involve the alteration or penetration of a fire-rated assembly and is not in a hazardous location as defined in Chapter 5 of the electrical subcode.

(A) For the purposes of applying this provision, communications wiring shall mean any wiring covered by Chapter 8 of the electrical subcode. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as "communications circuits," in accordance with Article 725 of the electrical subcode; or

iv. Mechanical or other work affecting public health or general safety; or

7. Any work undertaken for the purpose of lead abatement.

(c) The following items are ordinary maintenance and shall be treated as such by every enforcing agency. No permit for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required. This is not an all-inclusive listing of ordinary maintenance.

1. Ordinary building maintenance shall include:

i. Exterior and interior painting;

ii. Installation, repair, or replacement of interior finishes of less than 25% of the wall area in a one- or two-family dwelling. This shall include plastering and drywall installation;

(1) Vinyl wall covering of any amount is ordinary maintenance;

(2) Paneling shall not be considered ordinary maintenance;

iii. Wall papering at any location;

iv. 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;

v. The 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 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;

vi. The repair or replacement of any non-structural component, such as a partition railing in one- and two-family dwellings;

vii. The repair, replacement, or installation of any non-structural elements, such as cabinets;

viii. The repair, replacement, or installation of any interior or exterior trim, decoration, or moldings;

ix. The repair, replacement, or installation of any flooring material with a new material;

x. The repair or replacement of existing roof covering on detached one- and two-family dwellings;

xi. The repair or replacement of existing siding on one- and two-family dwellings.

(1) Exception: The repair or replacement of polypropylene siding shall not be ordinary maintenance;

xii. The repair or replacement of existing siding with like material not exceeding 25% of the total building exterior wall area in other than one- and two-family dwellings.

(1) Exception: The repair or replacement of polypropylene siding shall not be ordinary maintenance;

xiii. The repair or replacement of any part of a deck, porch, or stoop that does not provide structural support for any roof or portion of a building;

xiv. The repair, replacement, or installation of screens;

xv. The installation of insulation, except foam plastic insulation, when installed adjacent to or not more than one and a half inches from an interior finish;

xvi. The repair, replacement, or installation of exterior gutters and leaders; and

xvii. The installation of a storable spa or hot tub that is provided with a lockable safety cover that complies with ASTM F1346.

2. Ordinary plumbing maintenance shall include:

i. Replacement of hose bib valves. Replacement hose bib valves shall be provided with an approved atmospheric vacuum breaker;

ii. Refinishing of existing fixtures. Relining of fixtures shall not be considered to be ordinary maintenance;

iii. Replacement of ball cocks. Replacement ball cocks must be an approved anti-siphon type;

iv. Repair of leaks involving the replacement of piping;

v. Clearance of stoppages;

vi. Replacements of faucets or working parts of faucets;

vii. Replacement of valves (including shower or combination bath/shower valves);

viii. Replacements of working parts of valves, including, but not limited to, shower or combination bath/shower valves;

ix. Replacement of traps;

x. Replacement of fixtures with a similar fixture provided that no change in the piping arrangement is made; and

xi. Replacement of domestic clothes washers and domestic dishwashers.

3. Ordinary electrical maintenance shall include:

i. The replacement of any receptacle, switch, or lighting fixture, or part thereof, not containing emergency battery packs with a like or similar item. Receptacles in locations where ground-fault circuit interrupter protection, damp/wet, or tamper-resistant are required shall comply with Section 406.4(D) of the electrical subcode;

ii. 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;

iii. Installation of communications wiring in a Class 3 structure, provided 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;

(1) For the purposes of applying these provisions, communications wiring shall mean any wiring covered by Chapter 8 of the electrical subcode, such as telephone, radio antenna, or coaxial cable TV wiring. Communications wiring shall also include data circuits between computers/information technology equipment, which may be classified as "communications circuits," in accordance with Article 725 of the electrical subcode;

iv. Replacement of domestic dishwashers;

v. Replacement of kitchen range hoods in dwelling units, provided that the replacement hood exhaust rate does not exceed the exhaust rate of the existing hood or the exhaust rate of the replacement hood does not exceed 400 cubic feet per minute (cfm);

vi. The installation of a burglar alarm, security system, or doorbell in one- and two-family dwellings; and

vii. The installation of a plug-in landscape irrigation unit under 30 volts at one- or two-family dwellings.

4. Ordinary fire protection maintenance shall include:

i. The replacement of any sprinkler or smoke alarm, smoke detector, or heat detector head with a like device;

ii. The repair or replacement of any component of a fire alarm or smoke and heat detection equipment (other than the replacement of a fire alarm control panel);

iii. The installation of battery-powered smoke alarms; and

iv. The installation of battery-powered or plug-in type carbon monoxide alarms.

5. Ordinary heating, ventilation, and air conditioning maintenance shall include:

i. Replacement of motors, pumps and fans of the same capacity;

ii. Repair and replacement of heating, supply and return piping and radiation elements, which does not require rearrangement of the piping system;

iii. Repair and replacement of duct work;

iv. Repair of air conditioning equipment and systems;

v. Repair or replacement of control devices for heating and air conditioning equipment;

vi. Replacement of kitchen range hoods in dwelling units, provided that the replacement hood exhaust rate does not exceed the exhaust rate of the existing hood or the exhaust rate of the replacement hood does not exceed 400 cfm;

vii. Replacement of domestic clothes dryers serving, and located within, dwelling units, provided that no change in fuel type, pipe size, or location or electrical characteristics is required;

viii. Replacement of domestic stoves and domestic ovens in dwelling units, provided no change in fuel type, pipe size, or location or electrical characteristics is required;

ix.The replacement of bathroom exhaust fans in dwelling units; and

x. The application of liquid applied lining material inside an existing chimney.

Sheds

A construction permit is not required for garden-type utility sheds and similar structures that are 200 square feet or less in area, 10 feet or less in height, and accessory to single-family dwellings which do not contain a water, gas, oil or sewer connection. A construction permit for electrical or plumbing work associated with any size shed is required when applicable. 

Note: A zoning approval is required for all shed structures regardless of their size.

Fences

A permit is not required for fences six feet or less in height. This exception does not apply to barriers surrounding private swimming pools. 

Note: A zoning approval is required for all fence installations.

Retaining Walls

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.

Note: A zoning approval is required for all wall structures.

Architectural & Structural Plans - Homeowner Exception

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.

Exception: The construction official will waive the requirement for sealed plans in the case of a single family home owner 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 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.

Plumbing Plans - Homeowner Exception

Plumbing plans for single-family class III dwellings may be prepared by persons licensed pursuant to "The Master Plumber Licensing Act", NJ.S.A. 45:14C-1 et seq.

Exception: The construction official will waive this requirement for plans prepared by licensed individuals and architects in the case of a single family home owner who has prepared his or her own plumbing plans used exclusively as his or her own 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.

Electrical Plans - Homeowner Exception

Electrical plans for single-family class III dwellings may be prepared by persons licensed pursuant to "The Electrical Contractors Licensing Act", NJ.S.A. 45:5A-1 et seq. or a

Exception: The construction official will waive this requirement for plans prepared by licensed individuals and architects in the case of a single family home owner who has prepared his or her own electrical plans used exclusively as his or her own 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.

Mechanical Plans - Homeowner Exception

Mechanical plans for class III single-family dwellings may be prepared by mechanical contractors.

Exception: The construction official will waive this requirement for plans prepared by mechanical contractors and architects in the case of a single family home owner who has prepared his or her own mechanical plans used exclusively as his or her own 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.

Construction Plan Requirements & details

5:23-9.2 Interpretation: Construction Permit for a single-family residence

(a) Any application for a construction permit for a single family residence shall be accompanied by at least two copies of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. Plans submitted shall not be required to show more detail or include more information than is reasonably necessary to assure compliance with the requirements of the Uniform Construction Code and rules in this chapter.

(b) Plans containing the following information shall be considered to meet the requirements of (a) above:

1. Site diagram consisting of a site plan showing size and location of all new and existing construction on the site with distances from lot lines and indicating new building services, location and size.

2. Construction plans consisting of a scale drawing showing foundation, floor plans, and elevations, including structural framing notes for all floors, ceilings and roofs. Only girders and columns need be identified and located on the plan. Included on the drawings shall be a loading schedule indicating the live loads for which the structure is designed.

3. The following details and submissions shall be required:

i. A cross section through one typical wall showing construction details from footing to and including roof framing. This section shall indicate all construction materials used including roofing, vapor barriers, sheathing type and thickness, insulation type and thickness, windows, glazing type if other than standard window glazing is used, interior finish material, floor type and thickness, structure, foundation and footings. Decorative material shall not be required to be shown unless it contributes to the structural integrity of the section.

ii. When roof or other truss systems are used, the details required by NJ.A.C. 5:23-2.15(f)1ii(1)(A) shall be shown.

iii. Electrical details indicating lighting; receptacles; motors and equipment; smoke detectors; service entrance locations; size and type (overhead or underground); panel size, location; number of proposed circuits. A symbol legend shall be included.

iv. Plumbing details indicating the locations of fixtures and a notice or table listing water and drainage pipe sizes. A note stating if sewage disposal is to public sewer or individual septic system shall be included.

v. Mechanical details indicating the type of heating system; location, size and type of heating unit, noting the distribution method and indicating design rates, location of fire dampers and safeguards; and location, type and size of flue.

vi. Energy subcode compliance shall be demonstrated with either detailed calculations, Energy Star compliance documentation, the submission of printouts from software recognized by the Department, such as RES Check, or the prescriptive packages described in Bulletin 03-2. RES Check software is available from the Department of Community Affairs, Division of Codes and Standards, P.O. Box 802, Trenton, New Jersey 08625 or from the U.S. Department of Energy at www.energycodes.gov.

4. The drawings shall bear the seal and signature of an architect or engineer who prepared the plans and is registered in the State of New Jersey. The seal and signature shall appear on each sheet of each copy of the plans submitted.

i. The construction official shall waive the requirements for sealed plans in the case of a single family home owner who prepares his or her own plans for the construction, alteration or repair of a structure used or intended to be used exclusively as the owner's private residence, and which is to be constructed by the owner, providing that the owner shall submit an affidavit attesting to the fact that he has prepared the plans and that the plans are, in the opinion of the construction official and appropriate subcode officials, legible and complete for the purpose of ensuring compliance with the regulations.

ii. Plumbing plans, electrical plans and mechanical plans may be prepared by licensed plumbers, licensed electrical contractors and mechanical contractors, respectively, in accordance with these regulations.

5. Construction plans, and electrical, plumbing, and mechanical details may be shown on more than one drawing.