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D.I.A.L. v. DEPT. OF COM. AFFAIRS

254 N.J. Super. 426 (1992)

603 A.2d 967

D.I.A.L., INC., A NEW JERSEY NON-PROFIT CORPORATION, NORMAN SMITH AND BEA WARRINGTON, PETITIONERS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1992.

Attorney(s) appearing for the Case

David J. Popiel argued the cause for appellants (Disability Law Clinic/Community Health Law Project, attorneys; Stuart H. Weiner and David J. Popiel on the brief).

John J. Chernoski, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, and John J. Chernoski on the brief).

Before Judges MICHELS, HAVEY and CONLEY.

The opinion of the court was delivered by HAVEY, J.A.D.

Appellants challenge certain amendments to the Barrier-Free Subcode, N.J.A.C. 5:23-7.1 to -7.116, of the State's Uniform Construction Code adopted by the Commissioner, Department of Community Affairs (DCA) on June 15, 1990. Specifically, appellants seek invalidation of the following regulations: (1) N.J.A.C. 5:23-7.95 (adaptable units: kitchens); (2) N.J.A.C. 5:23-7.3(a)6 (exemption for floor...

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