UCC Self-Certification Program

On August 22, 2024, the "New Jersey Design Professional Self-Certification Act," Assembly Bill 4360, was signed into law as P.L.2024, c.58. This law enabled DCA to establish a design professional self-certification program for UCC plan review to specific projects. Below provides the details of the law and upcoming program.

Note: The use of "QDP" stands for Qualified Design Professional, which means an architect or engineer who is authorized to participate in the self-certification program.

Applicability; scope of work

Includes Repair, Renovation, Alteration, and Reconstruction projects, as defined by the State Uniform Construction Code, in the following occupancy classifications (aka, use groups) per Ch 3 of the building subcode with the following square footage limitations:

  • Group B occupancies up to 9,000 square feet
  • Group F-1 occupancies up to 8,500 square feet
  • Group F-2 occupancies up to 13,000 square feet
  • Group M occupancies up to 9,000 square feet
  • Group R-1 occupancies up to 7,000 square feet
  • Group R-2 occupancies up to 7,000 square feet
  • Group R-3 occupancies up to 4,800 square feet
  • Group R-4 occupancies up to 7,000 square feet
  • Group R-5 occupancies up to 4,800 square feet
  • Group S-1 occupancies up to 9,000 square feet
  • Group S-2 occupancies up to 13,500 square feet

Excluded from self-certification program

  • Projects where plan review is reserved solely to the Department of Community Affairs
  • Projects that include a new commercial kitchen
  • Projects that include new electrical service exceeding 400 amps
  • Projects that include structural alterations involving lateral design, or any project that requires a special inspection pursuant to the State Uniform Construction Code
  • Prototype plan submittals

Authorization to participate

  • Current licensure as a design professional.
    • Has been a licensed architect or engineer for at least three years in NJ.
    • Has authority to design per the Building Design Services Act (NJSA 45:4B-7).
  • Current licensure by DCA to inspect high-rise and hazardous structures for the applicable State Uniform Construction Code Jurisdiction.
  • Proof of, or a certificate demonstrating, professional liability insurance coverage, issued by an insurer authorized to provide insurance coverage in the State of New Jersey, which provides coverage with limits that are no less than $500,000 per claim, and $1,000,000 in the aggregate, for all claims made during the policy period.

Program function, in general

  • QDP of record shall remain with the project until the enforcing agency signs off on the project through the issuance of the applicable certificate pursuant to N.J.A.C. 5:23-2.23. 
    • If QDP of record withdraws from a project before the enforcing agency’s issuance of a letter of completion or certificate of approval, all work shall cease and no permit, or certificate shall be issued until:
    • A successor QDP is designated as the qualified design professional of record and satisfies the requirements set forth in this section; and
    • The successor QDP submits a professional certification confirming the qualified design professional’s concurrence with the construction documents accepted by the enforcing agency or new construction documents are approved or accepted by the construction agency.

Design professional of record self-certification form:

To be submitted with each application utilizing self-certification.

  • Design professional of record self-certification form - The QDP of record shall complete and submit the form to the enforcing agency, together with submission of a self-certified construction permit application and accompanying plans and specifications. The form shall include:
    • Design professional of record’s self-certification statement (described below)
    • QDP’s certification and attestation that:
      • The QDP shall take all measures necessary to correct a false or inaccurate statement provided to the enforcing agency in the permit application or plans and specifications submitted therewith, immediately after the QDP becomes aware of the false or inaccurate statement, regardless of whether the false or inaccurate statement was made by the QDP of record or their agent or employee.
      • QDP of record acknowledges that the enforcing agency’s issuance of a permit under the self-certification program is reliant upon the truth and accuracy of the design professional’s certifications set forth in the design professional of record self-certification.
      • QDP agrees that if the enforcing agency determines that a submitted permit application and plans and specs do not conform to the requirements fo the UCC or other applicable law, the QDP of record, in a timely manner, shall bring the submitted permit plans, and specifications, and all construction undertaken thereunder, into conformance with the requirements of the UCC or other applicable law, and shall take all remedial measures within the QDP’s control.
      • QDP acknowledges that failure, prior to the final inspection of the project, to bring the submitted permit, plans, and specs, and all construction undertaken pursuant thereto into conformity with the requirements of the State UCC and other applicable law, and failure to take reasonably necessary remedial measures, within the QDP’s control, to bring the submitted permit, plans, and specs, and all construction undertaken pursuant thereto into compliance with the UCC and other applicable law may result in revocation of the QDP’s privileges under the self-certification program and may result in notification of the revocation to the appropriate State professional licensing board.
      • QDP agrees to comply with additional certification requirements imposed pursuant to rule or regulation adopted by the Commissioner.
    • At the time of submission of a design professional of record self-certification form and self-certified construction permit application, plans, and specifications to the enforcing agency, the QDP of record shall submit a design professional of record self-certification statement certifying that:
      • The QDP has been a licensed architect or professional engineer for at least three years and is licensed and certified in the State of New Jersey
      • Within the preceding five year-period, the QDP has not been convicted or found liable of:
        • Knowingly making false statements of material fact on, or in connection with, a construction permit application;
        • Knowingly submitting, in support of a construction permit application, a document containing false or fraudulent information; or
        • Knowingly affixing a false signature to a construction permit application.
      • Submission to an enforcing agency of a permit application, plans, and specifications, upon which the stamp of the QDP has been affixed, indicates that each page of the application:
        • Was prepared by, under the direct supervision of, or reviewed by the QDP of record;
        • Is complete;
        • As of the date of submission, the permit application, plans, and specifications comply with the requirements of the State UCC and other applicable laws;
        • The permit application, plans, specifications, and all technical submissions made by the QDP of record in connection with the self-certified project were prepared in accordance with and meet the standard of care required of the profession; and
        • All information and assertions made in support of a permit application by the QDP of record in the permit application, plans, and specifications, are true and correct.

Owner Certification Statement & Owner Hold Harmless Letter:

To be submitted with each application utilizing self-certification.

  • Owner Certification Statement - For each project, the owner responsible for the work identified in the permit application shall certify that the owner:
    • Authorized the work of all professionals and consultants named in the permit application and accompanying plans; and
    • Shares joint responsibility for ensuring compliance with the State Uniform Construction Code.
  • Owner Hold Harmless Letter - For each project, the owner shall sign, date, and agree to, and furnish to the QDP of record who shall submit the letter to the enforcing agency and which shall provide that the owner agrees:
    • To protect, defend, indemnify, and hold harmless the municipality and the State of New Jersey, and their offices, representatives, managers, agents, and employees, against any and all claims, liabilities, judgments, costs, expenses, delays, demands, or injuries arising out of or in any way connected with the design, construction, State Uniform Construction Code compliance review, or issuance of a permit for the project identified in the permit application, and
    • That if any component of construction is found to not conform to the requirements of the State Uniform Construction Code, any other applicable law, or any permit issued under the self-certification program, the owner shall, without undue delay, remove or modify, at the owner’s expense, the nonconforming component or components of construction.

Related Links

Forms, Statements, Letters

Design Professional of Record Self-Certification Form (p.1)

Owner Certification Statement (p. 2)

Owner Hold Harmless Letter (p. 3)


Other Related

P.L.2024, c.58 (full law text)

Department Oversight (N.J.S.A. 52:27D-131.6)

UCC Permit Application Packet

UCC Plan Review, N.J.A.C. 5:23-2.15(f)


Contact

Office of the Director

* Licensing & Education Unit
  (609) 984-7834

* UCC Code Assistance Unit
  (609) 984-7609