[HISTORY: Adopted by the Township Committee of the Township of Elk 12-29-1977. Amendments noted where applicable.]
There is hereby established in the Township of Elk, a State Uniform Construction Code enforcing agency, to be known as the "Department of Inspections of the Township of Elk," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical 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. The Construction Official shall be the chief administrator of the enforcing agency.
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, 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 such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, to hold each such position.
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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.
[Amended 4-3-1980; 10-2-1980; 7-7-1983; 10-3-1985; 6-2-1988; 8-4-1994; 4-6-1995; 6-3-1999 by Ord. No. O-99-3; 10-3-2002 by Ord. No. O-2002-9; 7-3-2003 by Ord. No. O-8-2003; 9-4-2003 by Ord. No. O-14-2003; 10-16-2007 by Ord. No. O-2007-9; 6-2-2011 by Ord. No. O-5-2011; 4-2-2015 by Ord. No. O-3-2015]
The basic construction permit fee shall be the sum of the parts computed on the basis of the parts or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and the rating of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein plus any special fees.
The fee for plan review shall be 20% of the amount to be charged for a construction permit.
The fee for plan review of elevator devices in structures of groups other than R-3, R-4 or R-5 and for elevator devices wholly within dwelling units in structures of group R-2 shall be $70 for each device.
Building subcode fees.
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. In each case, the minimum fee shall be $70 except for Use Groups A 1-5, B, M, H, E, F 1-2 and S 1-2, where the minimum fee shall be $170.
[Amended 6-16-2015 by Ord. No. O-10-2015; 9-3-2015 by Ord. No. O-13-2015]
The fee for new construction shall be in the amount of $0.038 per cubic feet of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode; except:
For use groups A-1 through A-5, F-1 and F-2, and S-1 and S-2 the fee shall be $0.021 per cubic feet of volume; and
For farms including commercial farm buildings as defined under N.J.A.C. 5:23-3.2(d), the fee shall be $0.0011 per cubic feet of volume not to exceed a maximum fee of $1,602.
Fees for modular homes shall be a flat fee of $600. This includes footings and foundations for placement of the structure. Any other construction that is not part of the modular home, i.e., garage, deck or added room, shall be charged at the rate for alterations.
Fees for manufactured homes shall be a flat fee of $300. This includes footings and foundations for placement of the structure. Any other construction that is not part of the manufactured home, i.e. garage, deck or added room shall be charged at the rate for alterations.
Fees for renovations, alterations and repairs or site construction associated with preengineered systems of commercial farm buildings, premanufactured construction, and the external utility connection for premanufactured construction shall be based upon the estimated cost of work. The minimum fee shall be $70.
The fee shall be in the amount of $34 per $1,000 up to $50,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $26 per $1,000 of estimated cost above $50,000 to $100,000. For $100,001 and above, the additional fee shall be $22 per $1,000.
For the purpose of determining estimated cost, the applicant shall submit to the enforcing agency such cost data as may be available, produced by the design professional or record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The enforcing agency shall make the final decision regarding estimated cost.
Fees for additions shall be computed on the same basis as for new construction for the added portion, provided that in each case, there shall be a minimum fee of $70.
Fees for the combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with this section with a minimum fee of $70.
The fee for tents, in excess of 900 square feet or more than 30 feet on any dimension, shall be $129.
The fee for roofing or siding work shall be $34 for each $1,000 of estimated cost with a minimum of $70. On structures of Group R-3 or R-5, the fee shall be $24 per $1,000.
The fee for aboveground swimming pools shall be $140 for a pool with a surface greater than 550 square feet and $70 for all smaller pools, hot tubs and spas. The fee for an in-ground swimming pool with a surface area greater than 550 square feet shall be $210. All others shall be $106.
The fee for retaining walls shall be as follows:
The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $210.
The fee for a retaining wall with a surface area 550 square feet or less that is associated with a Class 3 residential structure shall be $106.
The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction. Minimum fee: $70.
The fee for elevator tests and inspections shall be N.J.A.C. 5:23-12.
Fees for demolition:
In-ground pool: $70.
Storage tanks: Use Groups R-3 or R-5, $65; all others $92.
Structures less than 5,000 square feet and less than 30 feet in height shall be a flat fee of $92 for Groups R-3 and R-5 and structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d). The fee will be $168 for all other groups.
Plumbing subcode fees. Plumbing fixtures and equipment with the minimum permit fee being $70 shall be as follows:
[Amended 9-3-2015 by Ord. No. O-13-2015]
The fee shall be $15 per fixture, stack, piece of equipment or appliance connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, and sump pumps except as indicated below.
The fee shall be $91 per special device for the following:
Utility service connections.
Backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers).
Hot water boilers (excluding those used for domestic water heating).
Active solar systems.
Sewer pumps and interceptors.
LP underground gas lines and tanks.
Soda-dispensing and coffee machines.
Gas piping (new service).
R-3 and R-5: Vacuum breakers and backflow preventers.
Well and septic connections.
For cross-connections and backflow preventers that are subject to testing, requiring inspection annually, the fee shall be $58 for each device when they are tested.
For heating system conversion units on existing heating appliances (oil to gas) the fee shall be $15 per conversion unit.
Electrical subcode fees. The fee for electrical fixtures and devices, with a minimum fee of $70, shall be as follows:
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $50; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $9. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kw).
Light standards (mogul base, mercury base or fixtures other than those specified in the previous subsection): for one to five fixtures, $70; for each additional lamp, $15.
For each motor or electrical device rated from 1 hp or kw to 10 hp or kw; for each transformer or transformer rated from 1 kw or 1 kva to 10 kw or 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro-massage bathtub; for each underwater lighting fixture; for each household electric cooking equipment rated up to 16 kw; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amps to 50 amps; for each light standard greater than eight feet in height including luminaries; and for each communications closet, the fee shall be $15.
For each motor or electrical device rated from greater than 11 hp or 11 kw to 50 hp or kw; for each service equipment, panel board, switch gear, motor-controlled-center or disconnecting means rated 225 amps or less; for each transformer or generator rated from greater than 10 kw or 10 kva to 45 kw or 45 kva; for each electric sign rated from greater than 20 amps to 225 amps including associated disconnecting means; for each receptacle rated for greater than 50 amps; for each utility lead management device, the fee shall be $65.
For each motor or electrical device rated from greater than 50 hp or 50 kw to 100 hp or 100 kw; for each service equipment, panel board, switch board, switch gear, motor-controlled center or disconnecting means rated from greater than 225 amps to 1,000 amps; for each transformer or generator rated from greater than 45 kw or 45 kva to 112.5 kw or 112.5 kva, the fee shall be $129.
For each motor or electrical device rated greater than 100 hp or 100 kw; for each service equipment, panel board, switch board, switch gear, motor-controlled center, or disconnecting means rated greater than 1,000 amps; for each transformer or generator rated greater than 112.5 kw or 112.5 kva, the fee shall be $640.
The fee charged for electrical work for each permanently installed private swimming pool as defined in the building subcode, spa, hot tub or fountain shall be a flat fee of $77, which shall include any required bonding and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, heaters, etc., excepting panel boards and underwater lighting fixtures. For public swimming pools, the fee shall be changed on the basis of the number of electrical fixtures and rating of electrical devices in accordance with Subsection D(1) through (6) above.
The fee charged for single- and multiple-station smoke and/or heat detectors and fire, burglar or security alarm systems in any one- or two-family dwelling shall be a flat fee of $65 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one- and two-family dwellings, the fee shall be in accordance with Subsection D(1) through (3) above.
For installations consisting of multimeter stacks, the fee shall be based on ampere rating of the main buss and not upon the number of meters or rating of disconnects on the meter stack. Individual load-side panel boards shall be charged in accordance with Subsection D(4), (5) or (6) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall not be an additional fee charged for the concurrent installation of individual circuit components, for example, controllers, starters and disconnecting means.
For electrical requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder as follows:
The fee charged for process equipment shall be based on the ampere rating of the over current device protecting the conductor feeding the process equipment or the cutoff device.
For the purpose of computing fees, all electrical and communication devices, utilization equipment and motors which are not part of premises wiring, except those which are portable plug-in type, shall be counted.
For photovoltaic systems, they shall be based on the kilowatt rating of the solar voltaic system as follows:
Annual fee for inspection of commercial pools, spas and hot tubs (NJAC 5:23-2.18C) shall be $100.
Fire protection subcode fees. For fire protection and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), preengineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums, with a minimum permit fee of $70, the fee shall be as follows:
The fee for 20 or fewer heads shall be $91;
For 21 heads to and including 100 heads, the fee shall be $168;
For 101 heads to and including 200 heads, the fee shall be $321;
For 201 heads to and including 400 heads, the fee shall be $831;
For 401 heads to and including 1,000 heads, the fee shall be $1,150;
For 1,001 heads and above, the fee shall be $1,469.
The fee for one to 12 detectors shall be $50;
For 13 to and including 37 detectors shall be $67;
For 38 to and including 62 detectors shall be $84;
For 63 to and including 87 detectors shall be $101;
For 88 to and including 112 detectors shall be $118;
For 113 to and including 137 detectors shall be $135;
For 138 detectors and over shall be $152.
The fee for each standpipe shall be $321.
The fee for each independent pre-engineered system shall be $129.
The fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $65 per appliance.
The fee for installation of aboveground oil tank shall be $58.
The fee for each commercial kitchen exhaust system shall be $150.
The fee for each incinerator shall be $511.
The fee for each crematorium shall be $511.
The fee for fire pumps shall be $180 each.
Gasoline and propane tanks: The fee shall be $70 each for the installation of aboveground and in-ground tanks.
The fee for supervisory devices (i.e., tampers high/low air) shall be $15 each.
The fee for signaling devices (i.e., horn/strobes, bells) shall be $15 each.
Dry pipe alarm and pre-action valves: the fee shall be $60 each.
Smoke control system: the fee shall be $60 each.
Permits for the installation of fireplaces, woodstoves and solid fuel burning appliances shall be $34 per $1,000 of estimated cost per unit, stove or fireplace with a minimum fee of $70 per appliance or device.
Fireplace venting/metal chimney liner: the fee shall be $70 each.
For single- and multiple-station smoke or heat detectors and fire alarm systems in any one- or two-family dwellings, there shall be a flat fee of $33 per dwelling unit. For detectors and fire alarm systems in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection E(2) above.
Fees for certificates and other permits are as follows:
The fee for a demolition or removal permit shall be $92 for a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family dwellings (R-3/R-5 of the building subcode), structures on farms including commercial farm buildings under N.J.A.C. 5:23-3.2(d) and $168 for all other groups.
The fee for a permit to construct a sign shall be as follows:
The fee for pylon signs shall be $6 per square foot for the first 100 square feet, $4.75 per square foot for the next 400 square feet and $3.50 per square foot thereafter;
Fees for ground signs or wall signs shall be $6 per square foot for the first 100 square feet, $4.75 per square foot for the next 400 square feet and $3.50 per square foot thereafter;
The minimum fee shall be $70.
The fee for a certificate of occupancy shall be $50.
The fee for certificate of occupancy granted pursuant to a change of the use group shall be $168.
The fee for a certificate of continued occupancy issued under N.J.A.C. 5:23 shall be $168.
The fee for the first issuance and renewal of a temporary certificate of occupancy shall be $30 and an additional fee of $30 for each extension.
[Amended 6-16-2015 by Ord. No. O-10-2015]
The fee for plan review of a building or compliance under the alternate systems and nondepletable energy source provisions of the energy subcode shall be $383 for one- and two-family dwellings (Group R-3 or R-5 of the building subcode), and for light commercial structures having the indoor temperature controlled from a single point, and $1,915 for all other structures.
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $821 for Class I structures and $168 for Class II or Class III structures. The fee for resubmission of an application for a variation shall be $321 for Class I structures and $91 for Class II or Class III structures.
The fee for a permit for lead hazard abatement work shall be $196. The fee for a lead abatement clearance certificate shall be $39.
Permits for the installation of fireplaces, woodstoves and solid-fuel-burning appliances shall be $34 per $1,000 of estimated cost per unit, stove or fireplace with a minimum fee of $70 per appliance or device.
A fee to erect a fence shall be $15 per $1,000 of estimated cost, provided that in each case there shall be a minimum fee of $70.
The fee for reinstatement of an expired construction permit shall be at the rate of 75% of the original permit fee. The fee is to be calculated with the use or current fee schedule, less 25% for reinstatement fees.
For cross-connections and backflow preventers that are subject to testing, requiring inspection annually, the fee shall be $58 for each device when they are tested.
Annual permit requirements are as follows: The fee that is charged for an annual construction permit shall be charged annually. The fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers, and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building, fire protection, electrical and plumbing. Fees for annual permits shall be as follows:
One to 25 workers (including foreman): $933 per worker. Each additional worker over 25: $329 per worker.
Prior to the issuance of the annual permit, a training registration fee of $196 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Education Unit, along with a copy of the construction permit (Form F 170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
The fees for elevator device inspections and tests shall be as set forth in N.J.A.C. 5:23-12.
The mechanical subcode permit in a structure of Group R-3 or R-5 by a mechanical inspector shall be $54 for the first device and $13 for each additional device. No separate fee shall be charged for gas, fuel oil or water piping connections associated with the mechanical inspected.
The fee for the annual electrical inspection of commercial swimming pools, spas or hot tubs shall be $100. The fee for each additional swimming pool, spa or hot tub on a site shall be $50.
The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $34 for each $1,000 of estimated cost for moving and placement in a completed condition at the new location, provided that there shall be a minimum fee of $70. The new foundation shall be computed as for new construction.
For charitable, philanthropic, fraternal and religious organizations holding exempt status, the fee shall be 25% of the regular fees to cover the cost of plan review, inspections and administration.
For plans already reviewed, those plans processed as prototype, there will be a discount of 20% of the construction permit. Said prototype plan approvals shall be valid for the purpose of applying for the new construction permit. When submitting under prototype plan review, the Construction Code Official shall be notified.
The fee for a fish pond in R-3 or R-5 Use Group that meets the definition of a swimming pool shall be a flat fee of $65.
The municipality shall remit fees to the Bureau on a quarterly basis, in conjunction with report number R-840A, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(d).
Waiver of construction permit fees for residential accessibility improvements. Pursuant to New Jersey Public Law 1996, Chapter 92 (N.J.A.C. 52:27D-126e), disabled persons, as so defined, 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 improvements which promotes accessibility to the disabled person's living unit.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee of the Township of Elk, biannually, 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.
Surcharge fee on new construction, alterations and report.
[Amended 8-4-1994; 4-6-1995]
In order to provide for the training, certification and technical support programs required by the Act, an enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction and/or alterations, within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Housing Inspection in the manner herein provided.
Amount. This fee shall be in the amount of $0.0019 per cubic foot volume of new construction. The fee for renovations and alterations shall be $0.0096 per cubic foot volume of construction. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The municipality shall, in addition to the fees described in Subsection A above, collect the above fees as part of its usual responsibilities.
[Amended 10-3-2002 by Ord. No. 0-2002-9]
Remitting and reporting. The municipality shall remit fees to the Bureau on a quarterly basis, in conjunction with a report, Number R-840A State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(d). Fees shall be remitted for the quarter. Checks shall be made payable to "Treasurer, State of New Jersey."
[Added 12-28-1979; amended 4-1-2010 by Ord. No. O-2010-22]
All applications for new construction for additions or renovations affecting the exterior configuration of a building or buildings shall be forwarded by the Construction Official to the Zoning Officer for review prior to the issuance of any construction permit.
The Zoning Officer shall review said application within five days of receipt and return it to the Construction Official with his or her comments or recommendations, which shall be in writing. In the event that the Zoning Officer's comments are adverse in nature, the permit will not be issued until the requirements of the Zoning Officer are met.
In the event that the applicant disagrees with the comments or recommendation of the Zoning Officer, he or she shall have the right to appeal to the Planning/Zoning Board.
[Added 12-29-1980; amended 7-7-1983; 4-1-2010 by Ord. No. O-2010-22]
No person shall convey title to any residential property in the Township of Elk without first obtaining a housing report from the Construction Code Official in the manner herein provided.
Prior to conveying title to any premises described in the preceding subsection, an owner shall apply to the Construction Officer for such housing report. The Construction Code Official, or his or her representative, shall inspect the premises within 10 days of said application and shall issue a housing report. Such housing report shall be issued in writing to the owner of such premises and shall specifically set forth any items requiring correction. Upon correction of the listed items, the owner shall notify the Construction Officer, who shall within five days reinspect the required corrections.
This procedure shall be followed until all the items have been corrected, at which time a final report shall be issued.
The owner making application for a housing report under this section shall be charged a fee of $25 for the initial inspection and one reinspection of the premises. In the event that a third inspection is required, such owner shall be charged an additional fee of $25 for the third inspection and for each required reinspection thereafter. In the event of multiple housing units, the fees set forth herein shall apply per dwelling unit.
Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction, be punished by a fine of not to exceed $200 or by imprisonment in the county jail for a period of not to exceed 90 days, or by both such fine and imprisonment.