Tom, Statute: A law enacted by a legislature. The NJ State Legislature consists of two Houses: a 40-member Senate and an 80-member General Assembly. The Senate and Assembly chambers are located in the State House in Trenton. The chief function of the Legislature is to enact laws. A proposal to make a new law, or to change or repeal an existing law, is presented to the Legislature as a bill. To become law, a bill must pass both Houses by a majority vote and be approved by the Governor. At the general election in November 1992, the voters approved a constitutional amendment permitting the Legislature to review administrative rules and regulations.
Ordinance; An ordinance is a local law. The State of NJ is made up of 566 municipalities each with its own governing ring body. Although the method of enacting an ordinance will vary from municipality to municipality, they are generally passed by the governing body and signed by the municipal executive or mayor and subsequently enforced by local police, code enforcement and municipal prosecutors. The NJ Uniform Construction Code is administered at the state level, municipalities are conveyed enforcement powers if they so choose. The municipality then becomes the Local Enforcing agency. Inspectors and Plan Reviewers are licensed by the state government. Municipalities do not have the authority to modify, amend or suspend the provisions of the NJ Uniform Construction Code. Hope that helps John Drucker -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Tom Duross Sent: Tuesday, April 07, 2009 6:53 AM To: [email protected] Subject: RE: Pre-action abort Very well spelt out John. I assume the word "statute" to also mean General Laws or (local) Ordinances? Tom Great question. Listings don't seem to have the effect one would assume. We often hear "must be installed in accordance with the listing", or "product listed for the intended purpose". Then we see prescriptive code applications such as deck and balcony sprinklers and smoke alarms used in other then dwelling units. The government can pretty much do as it pleases in the pursuit of "safeguarding building occupants and emergency responders" It's about the hierarchy of code enforcement, it goes something like this; 1. Statutes = The Legislative action, in NJ the "Uniform Construction Code Act" 2. Regulations = The Department or Commissioner rule making, in NJ the "Uniform Construction Code" 3. Codes= The where and when side of the equation, in NJ the 2006 IBC/NJ Edition, amongst many others. 4. Reference Standards = The how side of the equation, in NJ the 2002 Edition of NFPA-13 for example. 5. Manufacturer's Instructions = The specific how for a specific product. 6. Listings = The nationally recognized testing lab that evaluated the product for fitness. I'm sure there are variants at municipal, county and even federal levels. Bottom line if a statute, regulation or code prescribes it then so it shall be. Hope that helps, John Drucker _______________________________________________ Sprinklerforum mailing list http://lists.firesprinkler.org/mailman/listinfo/sprinklerforum For Technical Assistance, send an email to: [email protected] To Unsubscribe, send an email to:[email protected] (Put the word unsubscribe in the subject field) CONFIDENTIAL AND PROPRIETARY: This email message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and confidential, nor is it, unless specifically stated, intended to be relied upon by any person or persons other than the individual or entity named above and no warranties or representations are made or intended to persons or entities not named above. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, return this message to the address above and delete all copies. Thank you. _______________________________________________ Sprinklerforum mailing list http://lists.firesprinkler.org/mailman/listinfo/sprinklerforum For Technical Assistance, send an email to: [email protected] To Unsubscribe, send an email to:[email protected] (Put the word unsubscribe in the subject field)
