[HISTORY: Adopted by the Mayor and Council of the Borough of Chester 4-3-1980
as Sec. 8-1 of the 1980 Code; amended in its entirety by Ord. No.
93-6. Subsequent amendments noted where applicable.]
There is hereby established in the borough a State Uniform Construction
Code Enforcing Agency to be known as the Building Department, consisting of
a Construction Official, Building Subcode Official, Fire Protection 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. The Construction Official
shall be the chief administrator of the enforcing agency.
Each official position created in § 109-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217 as amended, 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 N.J.A.C. 5:23. More than one 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. Appointments of officials, unless otherwise provided by law or other sections of the Revised General Ordinances of the Borough of Chester, shall be made by the Mayor with advice and consent of the Council.
The public shall have the right to do business with the enforcing agency
at the municipal building except for emergencies and unforeseen or unavoidable
circumstances.
Appeals from the decisions by the enforcing agency shall be made to
the Morris County Board of Appeals pursuant to Article 15 of the New Jersey
Uniform Construction Code Regulations.
[Amended by Ord. No. 94-13; Ord. No. 96-06]
[Amended by Ord. No. 96-06]
Pursuant to the provisions of the State Uniform Construction Code Act,
N.J.S.A. 52:27D-138(a), a person or corporation, including an officer, director
or employee of the corporation who violates the provisions of this chapter,
or who promulgated thereunder or the provisions of this chapter, or who performs
any work without the required permit, shall be subject to a penalty in accordance
with N.J.A.C. 5:23-2.31. Pursuant to N.J.S.A. 52:27D-138(d), jurisdiction
to enforce such penalties is hereby conferred upon the Municipal Court of
the borough, in addition to such remedies as may be provided in accordance
with the provisions of the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
[Amended by Ord. No. 96-06]
In accordance with N.J.A.C. 5:23-4.17(b), the Construction Official
with the advice of the Subcode Officials, prepare and submit to the Borough
Council annually a report recommending a fee schedule based on the operating
expenses of the agency and other expenses of the borough fairly attributable
to the enforcement of the State Uniform Construction Code Act.
In order to provide for the training, certification and technical support
programs required by the Uniform Construction Code Act and the regulations,
the enforcing agency shall collect, in addition to the fees specified above,
a surcharge in the amount specified in N.J.A.C. 5:23-4.19. The surcharge fee
shall be remitted to the Bureau of Housing Inspection, Department of Community
Affairs, on a quarterly basis for the fiscal quarter ending September 30,
December 30, March 31, and June 30, and not later than one month next succeeding
the end of the quarter for which it is due. The enforcing agency shall report
annually at the end of each fiscal year to the Bureau of Housing Inspection,
and not later than July 31, the total amount of the surcharge fees collected
in the fiscal year.
Any and all ordinances or parts thereof inconsistent with the provisions
of this chapter are hereby repealed to such extent as they are so in conflict
or inconsistency, provided that the adoption of the section shall not prevent
or bar the continuance or institution of any proceedings for offenses heretofore
committed in violation of any existing ordinance of the borough.
In the event regulations now or hereafter adopted set mandatory standards,
rules, fees or other matters that are inconsistent with the provisions of
this chapter, then the provisions of this chapter shall be deemed amended
to comply with the provisions of the regulations that are mandatory.
[Amended by Ord. No. 96-06]
A.
Where the borough enforcing agency uses the services
of a private on-site inspection and plan review agency to enforce one or more
subcodes, the fees charged to the borough by the private on-site agency shall
be in accordance with the current contract on file with the borough.
B.
Whenever the borough utilizes private on-site inspection
and plan review agencies, the borough may add an administrative surcharge
of 15% of the relevant subcodes permit fees, provided that the borough has
a contract with the on-site agency.
Schedules to this chapter may be added or amended by resolution of the
governing body.
