Dealing with Bureaucracy When Replacing Your Windows

Part One: Codes

Remodeling Magazine lists window replacement as one of the most financially rewarding home improvement projects. But like anything that’s worth your time and money, it demands a fair amount of effort and patience. In this three-part blog, we’ll talk about some of the most important considerations that come with window replacements outside of product and contractor selection.

The U.S. has adopted model building codes developed by the International Code Council. This family of International Codes (or I-Codes) includes the following:

• International Building Code – for all types of buildings
• International Residential Code – for one- and two-family dwellings that are three stories or less in height
• International Existing Building Code – for repairs and modifications made to existing structures

All states follow the provisions outlined in the codes mentioned above. Most states also supplement these codes with further provisions at the jurisdictional level.

In New Jersey, for instance, window repairs and replacements have to factor in:

• Your county’s climate zone. New Jersey is split into two different climate zones: Northern (Zone 5) and North/Central (Zone 4). For counties in the Northern Zone (e.g. Bergen, Morris, Sussex, and Hunterdon), windows must have a U-factor of 0.32 at most. For North/Central counties (e.g. Atlantic, Essex, Ocean, and Burlington), windows must have a maximum U-factor of 0.35.
• The 2009 New Jersey Uniform Construction Code. This mandatory code, which came into effect in September of 2010, was based on ASHRAE 90.1 (2007) and the 2009 International Energy Conservation Code.
• Local building codes. Building code adoption and enforcement also vary on a county or municipal level, as different jurisdictions may decide to supplement the codes already mentioned with provisions found in other reference standards.

Building codes are already a lot to take in, but that’s not all your contractor will need to take into consideration before starting your project.

Part Two: Permits

On the subject of permits, the I-Codes are pretty clear: you need them more often than you don’t. Permits are generally required whenever a structure is to be constructed, altered, or repaired. But does window replacement qualify?

In New Jersey, permits, inspections, and notices to enforcing agencies are NOT required for window replacement projects if they only involve:

• the replacement of window glass wherein the glass type and quality meets the minimum requirements of state and local codes; or
• replacement windows that:
  • are of the same type and operation as the existing window AND
  • do not require the dimension or framing of the original opening to be altered

The state will require permits for any window replacement project that involves the major alteration of structural members. In such a case, your window contractor must submit an application for a permit together with the homeowner’s affidavit and construction and plot plans.

This is what happens once your application has been submitted:

1. The zoning officer completes the plan review.
2. Once approved, your documents and plans are reviewed by building, fire, plumbing, and electrical subcode officials to ensure that they meet code requirements.
3. Your documents are relayed to the Construction Department along with all prior approvals.
4. Once your construction project has been legally approved, your permit is issued.

Did You Know?

PermitsNJ, a project by the Division of Codes and Standards at the New Jersey Department of Community Affairs, has streamlined the permit management process. The system makes it easy for local code enforcement offices to track permit issuance and plan reviews, to schedule and track inspections, to track violations and penalties, and to collect reports on certificate issuance.

Future updates to the system may also make it possible for homeowners and contractors to apply for permits over the Internet safely and conveniently.

Part Three: Other Considerations

The state of New Jersey has specific recommendations for recycling and consumer protection as well as restrictions for contractors. All these will come into play in your window replacement project.

Recycling

A window replacement project does not end once the last unit has been fitted into its frame. Cleanup and disposal should also be managed well and during this phase, material recycling takes center stage.

The New Jersey Recycling Enhancement Act has made it possible for more local facilities to accept recyclables and old but reusable materials from construction projects. These facilities include:

• Habitat for Humanity
• County/municipal recycling centers
• Vinyl

o   East Coast Recycling Associates, Inc.

o   Montecalvo Disposal Services

• Scrap metal

o   FREEmetalTAKE.com

o   MrScrap.net

Consumer Protection

To ensure consumer protection, New Jersey’s Contractors’ Registration Act requires all home improvement professionals who offer their services within the state to be registered with the state’s Division of Consumer Affairs.

Also, window replacement projects that cost more than $500 must have a written contract that specifies the:

• Name, address, and registration number of the contractor
• Estimated start and end dates of work
• Scope and description of the project
• Total contract price, including finance charges
• Detailed description of the supplies needed for the project
• Statement of warranty

Contractors are also required by law to furnish homeowners with a copy of their insurance certificates and to inform clients that they may terminate the contract for any reason within three business days.

Contractor Restrictions

Contractors undertaking window replacement work in New Jersey are prohibited from:

• Asking for final payment before the completion of the project.
• Starting the project before the required permits are acquired.
• Badmouthing the competition.
• Using bait-and-switch marketing tactics to get homeowners to purchase more costly products.
• Misrepresenting products and materials.

All this goes to show that there’s so more to a window replacement project than just choosing a product and finding someone who can do the work for you. To get the most out of your project, take the time to do research on local laws and on ways by which you can protect yourself. Don’t hesitate to ask a contractor with a good local reputation about the things you need to know before taking the plunge.

Good luck on your next project!