City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Somers Point as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Construction Official and Code Enforcement Officer — See Ch. 34, Art. I.
Numbering of buildings — See Ch. 90.
Licensing of contractors — See Ch. 103.
Development regulations — See Ch. 114.
Flood damage prevention — See Ch. 146.
[Adopted 12-21-1989 by Ord. No. 19-1989]

§ 100-1 Enforcing agency established; subcode officials; office.

A. 
There is hereby established in the City of Somers Point a State Uniform Construction Code enforcing agency to be known as the "Department of Inspections," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electric Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code.[1] The Construction Official shall be the chief administrator of the enforcing agency.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B. 
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[2] and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies and unforeseen or unavoidable circumstances. The location of said office shall be in the City of Somers Point Municipal Building located at Shore Road and New Jersey Avenue.

§ 100-2 Appeals.

Appeals from decisions of the enforcing agency shall be heard under the rules and regulations established by the County Construction Board of Appeals.

§ 100-3 Fees.

[Amended 9-13-1990 by Ord. No. 14-1990; 12-13-1990 by Ord. No. 20-1990; 6-26-1997 by Ord. No. 12-1997; 12-10-1998 by Ord. No. 11-1998; 4-22-1999 by Ord. No. 8-1999; 12-23-1999 by Ord. No. 22-1999]
A. 
Fees for plan review, construction permits, certificates of occupancy, demolition permits, moving of building permits, elevator permits and sign permits shall be paid before a permit is issued and shall be the sum of the applicable fees.
B. 
The City Council shall, by resolution, enact and from time to time may amend standardized fees for the following:
(1) 
The technical subcode fees as follows:
(a) 
The building subcode fees.
(b) 
The plumbing subcode fees.
(c) 
The electrical subcode fees.
(d) 
The fire subcode fees.
(e) 
The elevator subcode fees.
(2) 
The fee for plan review.
(3) 
The fee for demolition of a building or structure.
(4) 
The fee for a permit to move a building or structure from one lot to another or to relocate the building or stricture on the same lot.
(5) 
The fee to construct a sign.
(6) 
The fee for inspection of elevators.
(7) 
The fee for certificates of occupancy.
(8) 
The fee for bulkheads.
(9) 
The fee for pilings.
(10) 
The fee for concrete work.
(11) 
The fee for fences.
(12) 
The fee for the annual inspection for the electrical certificate of compliance verifying all wiring in or around the pool pump and associated electrical equipment is safe and meets the requirements of the applicable electrical subcode for a swimming pool, spa or hot tub on any property other than one- or two-family residential property.
(13) 
The fee for a uniform construction code permit update.
(14) 
The fee for reinstatement of a lapsed permit.
(15) 
The state training surcharge fee required by the Department of Community Affairs, in accordance with Subsection D below.
C. 
The Construction Official shall, at the advice of the subcode official or officials, annually prepare and submit to the Mayor and City Council a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
D. 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[2] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee that shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending March 31, June 30, September 30 and December 31, and not later than one-month next succeeding the end of the quarter for which it was due. In the fiscal year in which the regulations first became effective, said fee shall be collected and remitted for the third and fourth quarters only. The enforcing agency shall report annually at the end of the fiscal year to the Bureau of Housing, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the year the regulations became effective, said report shall be for the third and fourth quarters only.
[2]
Editor's Note: "The regulations" refers to the regulations promulgated by the Commissioner of Community Affairs of the State of New Jersey pursuant to the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
E. 
In accordance with N.J.S.A. 52:27D-126e, no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities therein. Additionally, a disabled person or a parent or sibling of a disabled person shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.

§ 100-3.1 Non-uniform construction code fees.

[Added 12-23-1999 by Ord. No. 22-1999]
A. 
Any applicable non-uniform construction code fees shall be paid before a permit is issued and shall be the sum of the applicable fees.
B. 
The City Council shall, by resolution, enact and from time to time may amend standardized fees for the following:
(1) 
The fee for paving work.

§ 100-4 Fire limits.

The Construction Official shall prepare and submit to the Mayor and Council a report reevaluating the delineations of the fire limits every two years. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which shall be designated as within fire limits, with the reasons therefor.

§ 100-5 Certificates of occupancy.

[Added 3-14-1991 by Ord. No. 6-1991]
It shall be unlawful to use or permit the use, in any manner whatsoever, of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged, wholly or partly, until a certificate of use or occupancy has been issued by the Construction Official. Such a certificate shall be issued only on final inspection by the Construction Official and after approval by the Electrical and Plumbing Subcode Officials and with the approval of both. Final inspections are made only on the request of the owner or his agent.
[Adopted 12-13-1990 as Ord. No. 22-1990]

§ 100-6 Requirements for issuance of demolition permit.

No demolition permit shall be issued by the Construction Official of the City of Somers Point or by his designated representative, until the applicant has fully complied with the following requirements:
A. 
The applicant shall complete the appropriate permit application form and shall pay such fees as are designated in § 100-3 of the Somers Point City Code.
B. 
The applicant shall also supply the Construction Official and/or his designated representative with the following written documentation contemporaneous with the completion of the permit application form:
(1) 
A certificate of insurance issued by an insurance company duly licensed in the State of New Jersey. The certificate of insurance must provide liability insurance for the demolition project in an amount of not less than $500,000. The City of Somers Point shall be listed as an additional insured on the certificate.
(2) 
A certificate from a reputable pest extermination company, duly licensed in the State of New Jersey, that the premises have been properly exterminated and treated preparatory to the demolition process.
(3) 
Written proof in the form to be supplied by the office of the Construction Official of the City of Somers Point giving notification to owners and/or occupants of all adjacent properties as to the pending demolition. Notification shall be sent to the owners and/or occupants of the adjacent properties by certified mail, return receipt requested, and the certified return mail receipt shall be provided to the office of the Construction Official. If written notification sent by certified mail is returned unclaimed, service of the written notification shall be made by regular mail, and the applicant shall provide a written affidavit showing the return of the unclaimed certified mail and mailing of the form by regular mail.
(4) 
Written proof from all utility companies providing services to the subject property that all utilities have been properly terminated and disconnected.
(5) 
A written statement, on a form to be supplied by the office of the Construction Official, that the owner of the premises to be demolished, as well as the applicant, agrees to indemnify and hold harmless the City of Somers Point, its agents, servants and employees from any and all claims for death, personal injury, property damage or damage of any type which arises and emanates from the demolition process.
C. 
No application which has been submitted shall be deemed complete, and no permit shall issue, until all of the information required in Subsections A and B have been furnished to the Construction Official or his designated representative.

§ 100-7 Additional requirements.

A. 
In addition to any other requirements imposed by the Uniform Construction Code, the person, firm or entity performing the demolition shall keep the demolished premises sufficiently wet during all stages of demolition so as to keep dust exposure to a minimum.
B. 
After the building or structure has been demolished, the applicant and/or demolition company shall remove all footings and shall ensure that the property is properly graded and cleaned.

§ 100-8 Duration of permit effectiveness.

All demolition permits shall be effective for a period not to exceed 30 days from the date of issuance.

§ 100-9 Enforcement; violations and penalties.

A. 
The provisions of this Article shall be enforced by the Construction Official of the City of Somers Point and/or by his designated representative.
B. 
Any violation of the provisions of this Article shall be enforced through the Municipal Court of the City of Somers Point by the issuance of an appropriate Municipal Court summons against the offending party which shall be issued by the Construction Official or by his designated representative.
C. 
Any person convicted of violating any provision of this Article shall be subject to the imposition of a fine of not less than $500 nor more than $1,500 for each separate ordinance violation.
D. 
Nothing herein shall limit or curtail any remedies that the City of Somers Point and its Construction Official may exercise pursuant to equity, common law, state statute and regulations or federal law and regulations.

§ 100-10 Incorporation of state code; construal.

A. 
All provisions of the State Uniform Construction Code relating to the demolition process are hereby incorporated into this Article by reference.
B. 
Should any conflict or inconsistency arise between the provisions of this Article and the minimum provisions mandated by the State Uniform Construction Code, then the more stringent provisions of this Article, to the extent not prohibited by the State Uniform Construction Code or statute, shall govern.