New Jersey

Advocacy Opportunities

Status

Explanations

Adopt Mandatory Codes

Residential:

New Jersey’s statewide mandatory residential code is the 2006 IECC with state-specific amendments.

Commercial:

New Jersey’s statewide mandatory commercial code is based on ASHRAE/IESNA 90.1-2004. 

Adopt an Automatic Review & Update Process

On August 6, 2009 Governor Corzine signed S. 702 into law, authorizing the state Department of Community Affairs (DCA) to amend the State Uniform Construction Code's energy subcode (the 2006 IECC and ASHRAE 90.1-2004 have been effective since February 20, 2007). Normally, any efforts to upgrade or amend the codes must proceed through the codes office at DCA, a codes advisory board, the DCA itself, and finally through the state legislature.

Under the new law, the IECC would be added as one of the model code alternatives to be used as a basis of the energy subcode. The energy subcode may be amended or supplemented by the DCA once before 2012, without regard to the statutory three-year minimum interval between the adoption of an energy subcode and the adoption of a revision of that subcode. In amending the subcode, DCA shall rely upon 10-year energy price projections provided by an institution of higher education within one year following the effective date of the bill, and thereafter at three year intervals.On August 6, 2009 Governor Corzine signed S. 702 into law, authorizing the state Department of Community Affairs (DCA) to amend the State Uniform Construction Code's energy subcode (the 2006 IECC and ASHRAE 90.1-2004 have been effective since February 20, 2007). Normally, any efforts to upgrade or amend the codes must proceed through the codes office at DCA, a codes advisory board, the DCA itself, and finally through the state legislature.

Under the new law, the IECC would be added as one of the model code alternatives to be used as a basis of the energy subcode. The energy subcode may be amended or supplemented by the DCA once before 2012, without regard to the statutory three-year minimum interval between the adoption of an energy subcode and the adoption of a revision of that subcode. In amending the subcode, DCA shall rely upon 10-year energy price projections provided by an institution of higher education within one year following the effective date of the bill, and thereafter at three year intervals.

Create a Regulatory Process

New Jersey uses a combined legislative and regulatory process to generate changes to the state code. The New Jersey Uniform Construction Code Act stipulates that model codes and standards publications not be adopted more frequently than once every three years. The Commissioner of Community Affairs may make an amendment if it is found that an imminent peril exists to the public's health, safety, or welfare, or that the current code is contrary to the intent of the legislation mandating the code. The Department of Community Affairs (DCA) itself does not have the legislative authority to amend the code to include new material from codes not yet adopted.

Currently, DCA is seeking public comments on the adoption of the 2009 IECC.  

Improve Compliance

Residential:

The Office of Local Code Enforcement provides mandated State Uniform Construction Code coverage to municipalities that have requested that DCA handle their administrative and enforcement authority of the code. It also serves as the construction code enforcement agency for municipalities that have requested this service and processes construction applications, reviews plans, performs inspections, issues certificates and orders, and performs other construction code enforcement duties for construction projects occurring within these municipalities.

Residential buildings applicants have four options for complying:
1) submission of written calculations;
2) enrollment in the Energy Star program;
3) compliance with prescriptive packages; or
4) use of RESCheck software.

If REScheck is used to show compliance, the 2003 IECC code option should be used rather than the 2006 IECC option and compliance should exceed the 2003 IECC by two percent or more.

The Department of Community Affairs enforces the code for municipalities that have not established a construction code enforcement agency, as well as for State buildings.

Commercial:

The Office of Local Code Enforcement provides mandated State Uniform Construction Code coverage to municipalities that have requested that DCA handle their administrative and enforcement authority of the code. It also serves as the construction code enforcement agency for municipalities that have requested this service and processes construction applications, reviews plans, performs inspections, issues certificates and orders, and performs other construction code enforcement duties for construction projects occurring within these municipalities.

Commercial building applicants have two ways of showing compliance. The methods are longhand calculations and the use of software.

COMCheck cannot be used to demonstrate a “whole building performance” (energy budget) approach as there isn’t a New Jersey version of the commercial software.

The Department of Community Affairs enforces the code for municipalities that have not established a construction code enforcement agency, as well as for State buildings.

Eliminate Weakening Amendments

Add Strengthening Amendments

Allow Innovation at the Local Level 

Set Milestones

Adopt Green Codes

State Wide Program:
New Jersey.
Energy Efficiency in New School Construction , 2002

Program Description:
The New Jersey standard requires that new buildings larger than 15,000 square feet constructed for the sole use of state entities achieve LEED Silver certification, a two-globe rating on the Green Building Initiative Green Globe rating system, or a comparable numeric rating from another accredited sustainable building certification program. The law exempts free-standing parking facilities, multiple use maintenance facilities, and storage facilities from the requirement. The law will be enforced by director of the Division of Property Management and Construction in the Department of the Treasury in cooperation with the New Jersey Building Authority. With some exceptions, the state is also required to purchase Energy Star products when available.  

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

State Wide Program:
New Jersey.
Energy Efficiency in New School Construction , 2002

Program Description:
Executive Order #24, requires all new school designs to incorporate LEED Version 2.0 guidelines to achieve maximum energy efficiency and environmental sustainability in school facilities.  
The Executive Order also requires that the New Jersey Economic Development Authority establish a subsidiary corporation, The New Jersey Schools Construction Corporation (SCC), to be responsible for the school facilities project and the state’s compliance with the new order. The SCC was subsequently replaced by the New Jersey Schools Development Authority (SDA) in 2007. The SDA mandates that all projects meet all LEED prerequisites and achieve sufficient criteria to score at least 26 points on the LEED rating scale, wherever possible. Registration with USGBC is not required. In its latest biannual report the SDA estimates that approximately 80% of the 70 projects that have taken place since Executive Order No. 24 would have achieved LEED certification had they submitted the necessary application forms.  

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

City Wide Program:
Kearny, New Jersey.
Sustainable Green Building Standards, 2007

Program Descriptions:
Kearny offers density bonuses to private redevelopment projects that earn LEED certification: an additional 0.3 FAR (Floor Area Ratio) or 3 additional dwelling units per acre for LEED Platinum; an additional 0.25 FAR or 2 additional dwelling units per acre for LEED Gold; an additional 0.2 FAR or 1 additional dwelling unit per acre for LEED Silver; an additional 0.15 FAR or 0.5 additional dwelling units per acre for LEED Certified. New municipal buildings or major renovations must meet LEED Silver.

Energy Standard:
Commercial LEED Certification:  below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.