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City of Salem, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Salem 11-15-1999 by Ord. No. 99-18. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of Government — See Ch. 3.
Board of Health — See Ch. 32.
Brush, grass, trash and weeds — See Ch. 84.
Uniform construction codes — See Ch. 94.
Land use — See Ch. 130.
Property maintenance — See Ch. 163.
Rental of residential units — See Ch. 172.
There is hereby established a Department of Inspections and Permits in and for the City of Salem.
The Council shall annually appoint a Committee from its membership, of such number as it shall designate, to oversee the Department of Inspections and Permits (the "Committee").
The function of the Department of Inspections Permits and Inspections shall be as follows:
A. 
To be the State Uniform Construction Code enforcing agency for the City as set forth in Chapter 94 of this Code and exercise all powers and duties contained therein or required thereby.
B. 
To administer and enforce the requirements of Chapter 163 of this Code pertaining to the Property Maintenance Code of the City of Salem and to exercise all powers and duties contained therein or required thereby.
C. 
To administer and enforce the requirements of Chapter 172 of this Code pertaining to the licensing of all residential rental units and to exercise all powers and duties contained therein or required thereby.
D. 
To administer and enforce the requirements of Chapter 84 of this Code pertaining to brush, grass, trash and weeds.
E. 
To administer and enforce, to the extent applicable, the requirements of Chapter 130, Article XVIII, of this code pertaining to zoning and land use within the City through the Zoning Administrative Officer, who shall be a member of the Department of Permits and Inspection.
F. 
To administer and enforce the requirements of Ch. 88 of this Code pertaining to business licenses.
[Added 5-20-2002 by Ord. No. 02-13[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections F and G as Subsections G and H, respectively.
G. 
To administer and enforce other health, safety and sanitation laws, regulations or other provisions required to be administered or enforced within the City of Salem.
H. 
To do and perform such other duties as may be required or established for the Department or as the Council may otherwise direct.
A. 
The Department of Inspections and Permits shall consist of the following members, employees and personnel:
(1) 
The Construction Code Official, who shall be empowered to exercise and perform all duties of such position under the laws of the State of New Jersey, this Code and otherwise as appropriate, and shall serve as the head of the Department of Inspections and Permits and the chief administrator of the Department in its role as the enforcing agency of the State Uniform Construction Code.
(2) 
A Plumbing Subcode Official, an Electrical Subcode Official, a Fire Protection Subcode Official and such other additional subcodes as the Commissioner of the Department of Community Affairs of the State of New Jersey shall adopt as part of the State Uniform Construction Code; however, 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.
(3) 
A Housing Inspector, or Housing Inspectors, whose number shall be determined by the Council from time to time.
(4) 
A Building Inspector, or Building Inspectors, whose number shall be determined by the Council from time to time.
(5) 
A Sanitation Officer, or Sanitation Officers, whose number shall be determined by the Council from time to time.
(6) 
A Zoning Administrative Officer, who shall be empowered to exercise and perform all duties of such position under the laws of the State of New Jersey, including N.J.S.A. 40:55D-1, et seq., this Code and otherwise as appropriate.
(7) 
A secretary, or secretaries, deputies and/or such other support staff, whose number and title shall be determined by the Council from time to time.
(8) 
Code enforcement officers or trainees, whose number shall be determined from time to time.
[Added 8-15-2022 by Ord. No. 22-11]
B. 
The Council shall appoint all members, employees and personnel of the Department of Inspections and Permits subject to the provisions of Title 11A of the Revised Statutes of the State of New Jersey and other applicable law.
C. 
The Council shall fix the compensation of the members, employees and personnel of the Department of Inspections and Permits by ordinance each year.
The Construction Code Official shall be the head of the Department of Inspections and Permits and, subject to the directives and oversight of the Council, either directly and/or through the Committee, shall:
A. 
Be responsible for the efficiency and day-to-day operations of the Department of Inspections and Permits.
B. 
Prescribe and/or supervise the duties, assignments and performance of all other personnel of the Department of Inspections and Permits.
C. 
Assist in the fulfillment of the duties and responsibilities of other Department personnel when he/she or the Chairperson of the Committee consider the circumstances so require, and accordingly, except to the extent that he/she lacks a legally required license or certification to act as such, the Construction Code Official, as head of the Department, is hereby authorized and empowered to exercise and discharge the functions, powers and duties of all other members, employees, officers and/or other personnel of or assigned to the Department of Inspections and Permits.
D. 
Perform such other duties or special assignments as the Committee or Council may direct from time to time.
E. 
Delegate such of his authority as may be deemed necessary for the efficient operation of the Department to be exercised under his direction and supervision.
F. 
Report at least monthly to the Committee in such form as shall be prescribed by or acceptable thereto on the operations of the Department during the preceding month, and to make such other reports as may be requested by the Council or the Committee.
G. 
Attend meetings of the Council and/or the Committee upon request.
[Added 12-5-2005 by Ord. No. 05-42[1]]
[1]
Editor's Note: This ordinance "shall take effect upon the later of January 1, 2006, or such later date as when a copy of this ordinance shall be filed with the New Jersey Division of Fire Safety in accordance with N.J.A.C. 5:71-2.7."
A. 
There is hereby established within the Department of Inspections and Permits a Bureau of Fire Prevention.
B. 
The Bureau of Fire Prevention shall be the "local enforcement agency" responsible for enforcement of the New Jersey Uniform Fire Code within the City of Salem. The Bureau of Fire Prevention shall be responsible to enforce the code, to conduct any and all inspections, issue permits and take such other actions as are required or permitted thereunder.
C. 
The City Attorney shall serve as legal counsel to the Bureau of Fire Protection.
A. 
The Bureau of Fire Prevention shall be under the direct supervision of the Fire Official. The term "Fire Official" shall include and be the same as "Fire Marshal."
B. 
The Fire Official shall be appointed for a one-year term by the Council. No persons shall be appointed as Fire Official unless said person holds a valid certification as a New Jersey Fire Official.
C. 
The Fire Official shall be supported by the administrative employees within the Department of Inspections and Permits, unless and until the Council appoints a Fire Inspector and/or additional staff for the Bureau of Fire Prevention.
D. 
The Council shall, pursuant to its annual salary ordinance, fix the salary of the Fire Official and all other employees assigned to the Bureau of Fire Prevention.
E. 
The Fire Official may adopt rules and policies for the Bureau within the pervue of this article, the New Jersey Uniform Fire Safety Act and the regulations thereunder.
A report of the Bureau shall be made monthly and transmitted to the Mayor and Council. It shall contain all proceedings under the code, with such statistics as the Fire Official may wish to include.
Pursuant to N.J.S.A. 52:27D-124 and N.J.S.A. 52:57D-198, any person aggrieved by any ruling, action, or notice of the Bureau of Fire Prevention shall have the right to appeal same to the Construction Board of Appeals of the City of Salem or, in the event such Board does not exist, to the Salem County Construction Board of Appeals.
In addition to the inspection fees required pursuant to the Act and the regulations of the Division of Fire Safety, the following additional inspections and fees shall be required:
A. 
Places of assembly, business, professional and mercantile:
Building Type
Usage
Fee
(per building)
1 or 2 stories
Places of assembly or eating or drinking, establishments with less than 50 occupancy
$50
1,000 square feet or less
Business, professional, mercantile
$50
1,001 square feet to 5,000 square feet or more
Business, professional, mercantile
$100
5,001 square feet or more
Business, professional, mercantile
$150
Note: Churches, social, fraternal, or other nonprofit places of assembly are exempt from fees if used solely for meeting places.
2 units or more (not regulated by Division of Fire Safety)
Apartment(s), complexes, motel, hotels, boardinghouses, multifamily dwellings (rental units only)
$35
B. 
Storage facilities.
1,000 square feet or less
$50
1,001 square feet to 5,000 square feet
$175
5,001 square feet or more
$225
C. 
Industrial complexes (building not regulated by Division of Fire Safety).
1,000 square feet or less
$50
1,001 square feet to 5,000 square feet
$175
5,001 square feet or more
$225
D. 
Permit fees (not regulated by Division of Fire Safety).
Type #1:
$75
Type #2:
$175
Type #3:
$275
Type #4:
$375
Type #5:
reserved.
E. 
Propane exchange facilities annual permit fee.
20 cylinders or less
$65
21 cylinders or more
$125
F. 
Permit fees. The permit fees shall be as established under the New Jersey Uniform Fire Code.
G. 
Application of fees. All fees, fines or other monies collected by or on behalf of the Bureau of Fire Prevention shall be turned over to the City Treasurer within 72 hours and shall be applied in accordance with applicable laws and regulations.