UNIFORM CONSTRUCTION CODE ADVISORY BOARD Minutes of Meeting, December 12, 2008

Location 101 South Broad Street

Trenton, New Jersey 08625 Attendance Board Members William J. Lynn, Chair John Scialla, Vice Chair William Connolly John DelColle

Arthur Doran George Hrin

Robert McCullough Michael Mills Gregory Moten Beth Pochtar Joseph Surowiec Alexander Tucciarone Valerie Waricka DCA Staff Cynthia A. Wilk, Director, Division of Codes and Standards Emily Templeton, Code Development Unit John Terry, Code Assistance Unit Michael Baier, Bureau of Code Services Robert Hilzer, Office of Regulatory Affairs David Uhaze, Bureau of Construction Project Review

Robert Austin, Code Assistance Unit Suzanne Borek, Code Assistance Unit Paulina Caploon, Elevator Safety Unit, Bureau of Code Services John Delesandro, Licensing Unit, Bureau of Code Services Marcel Iglesias, Code Assistance Unit Thomas Pitcherello, Code Assistance Unit Darren Port, Code Assistance Unit

Michael Whalen, Code Assistance Unit Guests Jack Boekhout, Jack Boekhout Consulting LLC. Jeffrey Heiss, Warren Township Joseph LaBruzza, Township of Marlboro Bob LaCosta, Scotch Plains Pat Malia, Friedmutter Group George Spais, New Jersey Builders Association Joseph Valeri, West Windsor Township

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Mr. William J. Lynn, Chair of the Uniform Construction Code Advisory Board (CAB), called the meeting to order at 9:30 a.m. A. Approval of Minutes of the Code Advisory Board Meeting of October 10, 2008 Mr. Robert McCullough made a motion, which was seconded by Mr. Alexander Tucciarone, to approve the minutes with one change. On page 5, in the summary of the comments of the Electrical Subcode Committee, "panels" should be changed to "panelboards". The motion carried unanimously. B. Subcode Committee Reports Barrier Free Subcode Committee Mr. John Del Colle, Chair, reported on a meeting that was held on December 5, 2008 at Rutgers University. The Committee was asked to comment on areas on improvement in code requirements or in enforcement of the Barrier Free Subcode for discussion and resolution in the coming year. The following items were discussed.

• Bathrooms: The installation of toilet paper dispensers, particularly the oversized dispensers, often compromise accessibility. The positioning of some of the dispensers put the toilet paper out of reach; the positioning of others makes the grab bars unusable. Because these dispensers are often installed – or changed – after the certificate of occupancy has been issued, the problem is not always caught on final inspection. The Committee will consider whether to recommend specific standards for Board and Departmental consideration.

• Access to Slot Machines: The accessibility of slot machines continues to be a problem. One Committee member was unable to gain access to several machines on a recent visit to Atlantic City. When the employees were asked to get the key and remove the fixed seats, the Committee member was told that the key could not be located. This continues to be an issue and the committee will continue to review to see if code language could be changed to provide additional access.

• ADAAG: The US Department of Justice (DOJ) has published a Notice of Proposed Rule making signaling its intent to scope and adopt the Americans with Disabilities Act Accessibility Guidelines (ADAAG)/2004. Committee members were asked to bring any conflicts with the Barrier Free Subcode to the liaison's attention.

• Affordable Housing: One Committee member was interested in learning how well the Barrier Free/COAH (Council on Affordable Housing) law and rules are being implemented and enforced. There was a brief discussion as to whether the law had been in effect long enough to have a valid data, particularly with the slow-down in construction. The issue will be raised again in the future.

• Site Accessibility: One Committee member raised the on-going problems with accessible sites, including accessible parking and accessible routes of travel. Because the major problem seems to be with the approval of inaccessible sites by local planning boards and the resulting need for code officials to enforce the Barrier Free Subcode on inadequately planned sites, the Committee agreed that, although it could raise the issue, resolving this problem is not within its charge. It was recommended that the Committee member work

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with municipal engineers to try to encourage an awareness of the importance of requiring accessible routes early in the planning approval process.

• Public Rights of Way: One Committee member recommended that the Committee discuss problems with accessible routes and public rights of way. The Committee agreed that, as with site accessibility, this is an issue that needs to be directed to municipal engineers or, perhaps, to the Department of Transportation.

• Parking: All Committee members commented on the problems with accessible parking. Those issues, however, appeared to enforcement-based and a misuse of the accessible parking spaces provided rather than a failure to provide code-compliant spaces.

Building Subcode Committee Mr. John Scialla, Chair of the Building Subcode Committee, reported that the Building Subcode Committee held no formal meeting and that comments on agenda items were submitted to the Chair. Electrical Subcode Committee Mr. Bob McCullough, Chair of the Electrical Subcode Committee, reported on a meeting that was held on November 6, 2008. In addition to agenda items, the Committee discussed a problem that is being encountered with Articles 700 and 701 in the National Electrical Code (NEC) concerning selective coordination. Problems Resulting from Replacement of a Transformer: When a service panel is replaced, transformers may be changed, which can affect the code compliance of existing equipment due to changes in the fault current experienced by the panel. Even if the existing panel has the bracing to handle the fault current, there is still an issue because the panel itself may not be rated for the fault current and can be subject to overheating or arcing. One Board member commented that he Board of Public Utilities (BPU) should require the utility company to provide notice when a transformer is replaced and the conditions change. One Board member asked why the transformer is replaced. The response was to achieve efficiency and to conserve energy. For example, the service could be increased to handle a new building constructed beside an existing building where the two buildings share a transformer. The Department agreed to follow up with the Board of Public Utilities. Selective Coordination: In a further discussion, it was observed that the electrical subcode requires that an overcurrent device be selectively coordinated so that the overcurrent device closest to the equipment trips first so that it is easier to identify where the fault occurred. This used to apply only to elevator devices. However, the language in the National Electrical Code (NEC) has been expanded to apply to "legally required" systems, so that it now includes emergency systems. The impact of this language change is considerable. When an overcurrent device is changed in an existing building, determining the impact on selective coordination could result in an engineering study. This requirement made sense with elevators, but there is a problem with its extension. Education and training for inspectors will be required so that clear direction is provided on how to enforce this. One Board member accurately summed up the problem as follows: When replacing a transformer, no one checks the power of the transformer for its downstream impact. One Board member recommended that the Department alert the licensing boards for architects and engineers about this issue.

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Elevator Safety Subcode Committee Mr. George Hrin, Chair of the Elevator Safety Subcode Committee, reported that the Elevator Subcode Committee did not hold a meeting. Fire Protection Subcode Committee Mr. William Lynn, Chair of the Fire Protection Subcode Committee, reported that the Fire Protection Subcode Committee did not hold a meeting. Mechanical/Energy Subcode Committee Mr. Arthur Doran, Chair of the Mechanical Subcode Committee, reported that the Mechanical/Energy Subcode Committee did not hold a meeting. Plumbing Subcode Committee Mr. Alex Tucciarone, Chair of the Plumbing Subcode Committee, reported that the Plumbing Subcode Committee did not hold a meeting. C. New Business 1. Draft Revisions – FTO-13 – Separations Between Dwelling Units and Attached Private Garages. The revisions to FTO-13 are two-fold: First, they address electrical panelboard penetrations; and, secondly, they address the use of other girders that meet the 6x10 inch dimensions. Electrical Panelboards: Currently, the FTO requires penetrations to comply with Section 712 of the International Building Code/2006. This section allows for limited amounts of electrical boxes to penetrate the wall assembly, more specifically, receptacle outlets and light switches. Panelboards, however, are too large to meet these exceptions. When looking at the construction of an outlet box versus a panelboard, an outlet box can be covered with a plastic cover and a panelboard comes pre-assembled with a metal cover. Since metal resists heat and fire for a much longer time than a plastic cover (even though the box itself may be rated), it is proposed that panelboards be permitted to penetrate the wall assembly even though they are larger than the size restrictions for outlet boxes. Language from Section 314.21 of the National Electrical Code/2005 is proposed to be added to ensure there are minimal gaps/openings around the panelboard to maintain the integrity of the wall assembly’s rating. Girders: The FTO specifies that girders that are smaller than “three 2-inch by 10-inch members, of engineered lumber or of steel construction” be encased in a minimum of two layers of 1/2-inch thick, Type X gypsum wallboard. However, reading that literally, it appears to say engineered lumber and steel construction of any size must be protected. This does not seem logical for engineered lumber because lumber with an equivalent dimension 6 inches or greater will char for about an hour and not lose its structural properties. There is not an appropriate size to specify for steel because deformation varies due to extreme temperatures. Therefore, a revision that permits engineered lumber girders larger or equivalent dimensions of three 2-inch by 10-inch members to remain unprotected is being proposed. These draft revisions to FTO-13 were referred to the Building, Electrical, and Fire Protection Subcode Committees for review.

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2. New Standardized Form: Smoke Alarms and Carbon Monoxide. This new standard form was created to assist Construction Officials in verifying compliance with the requirements for smoke alarms and carbon monoxide alarms when a repair, renovation or alteration is undertaken. This draft standard form was referred to the Building and Fire Protection Subcode Committees for review. The Mechanical/Energy Subcode Committee had reviewed a draft prior to this meeting. 3. Draft Rule – Maintenance of Elevator Devices (N.J.A.C. 5:23-3.14, 12.2) This rule was requested by the Board at the October 10, 2008 Board meeting. The amendments return maintenance requirements for elevators and escalators to those of ASME A17.1/1996-1998, the requirements prior to adoption of the ASME A17.1/2004 – 2005 standard. ASME A17.1/2004 – 2005, which was adopted by reference with the 2006 International Building Code (IBC/2006), contains expanded maintenance requirements (retrofit provisions and some maintenance planning provisions) that were not included in prior ASME A17.1 standards. Compliance with these new provisions could be very costly to the building owners and, in time, these costs could be passed down to the public. Furthermore, some of the new maintenance provisions conflict with long standing policies of the Uniform Construction Code (UCC). Mr. George Hrin made a motion, which was seconded by Mr. Robert McCullough, to approve the draft rule. The motion carried unanimously. 4. Draft Rule – Department Plan Review of Larger Assembly Buildings (N.J.A.C. 5:23-3.11) This rule proposes to reserve to the Department the plan review of larger stadiums and theaters, defined as those with 5,000 occupants or greater. One Board member asked whether there should be different thresholds for theaters and stadiums. The Board members pointed out that there are no theaters that exceed 5,000 occupants in New Jersey, whereas there are stadiums that exceed that occupancy. This rule was referred to all committees for review. 5. Draft Bulletin – Permit Requirements for Liquefied Petroleum Gas Systems. The Liquefied Petroleum (LP) Gas Education and Safety Board recommended that a bulletin be prepared that clearly spells out all enforcement responsibilities with regard to LP Gas facilities. The LP Gas Board has approved this bulletin. This bulletin was referred to the Fire Protection Subcode Committee for review. The Plumbing Subcode and Mechanical/Energy Subcodes Committees had reviewed a draft copy and recommended approval. 6. Draft Rule – Conflict of Interest (NJAC 5:23-4.5, 4.14, 5.25) In order to clarify, and make more precise, rules concerning conflict of interest for code officials and inspectors, the Department is proposing the following amendments to the rules governing conflict of interest:

• The proposed amendment to N.J.A.C. 5:23-4.5(j)2 would make it clear that the prohibition on code officials’ and inspectors’ ownership, employment or contracting to provide

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goods and services with any business furnishing labor, materials, products or services for construction, alteration or demolition of structures within the municipality in which he is employed or in any adjacent municipality is also applicable to any maintenance of equipment or building components the maintenance of which is subject to the Uniform Construction Code.

• The proposed amendment to N.J.A.C. 5:23-4.14(f) would conform the conflict of interest requirements for code officials and inspectors employed by private on-site inspection agencies to those applicable to municipal employees.

• The proposed amendment at N.J.A.C. 5:23-5.25 would make it clear that a determination by the Department that a licensee has engaged in conduct constituting a conflict of interest under N.J.A.C. 5:23-4.14(f), as well as under N.J.A.C. 5:23-4.5(j)2, shall constitute grounds for revocation of a license, and that suspension is not an adequate sanction either in any such case, or in any case in which a licensee is convicted either of a crime or of an offense in connection with performance as a code official or inspector. This change would make it clear that N.J.A.C. 5:23-5.25 applies equally to code officials and inspectors employed by private on-site inspection agencies and to those employed by municipalities. This rule was referred to all committees for review. Before moving on to the Information provided, one Board member recommended that the Department consider adopting in the park model regulations the Housing and Urban Development (HUD) limitations on formaldehyde in modular structures. D. Information 1. CAB Log: The updated log was included in the meeting packets. 2. CAB Meeting Dates 2009: The dates for the 2009 Code Advisory Board meetings were

included in the meeting packets. 3. Model Codes 2009: The Department plans to adopt the 2009 model codes in the year

2009. To that end, code books will be provided as soon as they are available from the International Code Council. If the books can be obtained in March, they will be provided to the Committees. The review will take place in March with Code Advisory Board action required at the April 17, 20089 meeting. The proposal could then be published in June 2009 and comments due by September 2009. All comments and the responses would have to be completed by November for a December 7 adoption date. This draft schedule has approximately two weeks of "wiggle room."

One Board member asked whether there is resistance to the sprinkler requirement in the International Residential Code (IRC). The response was that there is. The Board member observed that the argument will probably be made that additional requirements are not recommended, and can be regarded as poor policy, in an economic downturn. However, when the building economy is in decline housing prices are also lower, which means that the cost increase is less noticeable.

E. Pending Legislation

1. A list of pending legislation was included in the meeting packets.

F. Public Comments

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There were no comments from the public. G. Adjourn

Mr. William Lynn, Chair, declared the meeting adjourned at 10:30 a.m.

H. Executive Session – Closed 1. Reappointment of Subcode Committees Mr. William Lynn, Chair, called to closed session to order at 10:40 a.m. The meeting was

adjourned at 10:45 a.m.