[HISTORY: Adopted by the Township Committee
of the Township of Elk 12-29-1977. Amendments noted where applicable.]
A.
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.
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,[1] 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.
[1]
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.
[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; 6-16-2015 by Ord. No. O-10-2015; 9-3-2015 by Ord. No.
O-13-2015; 11-16-2021 by Ord. No. O-16-2021]
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.
A.
The fee for plan review shall be 20% of the amount to be charged
for a construction permit.
(1)
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.
B.
Building subcode fees.
(1)
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 $75 except for Use Groups A-1,
A-2, A-3, A-4, E, F and S, where the minimum fee shall be $180.
(a)
The fee for new construction shall be in the amount of $0.042
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:
(b)
For Use Groups A-1 through A-5, F-1 and F-2, and S-1 and 2,
the fee shall be $0.025 per cubic feet of volume; and
(c)
For farms including commercial farm buildings as defined under
N.J.A.C. 5:23-3.2(d), the fee shall be $0.012 per cubic feet of volume
not to exceed a maximum fee of $1,700.
(d)
Fees for modular homes shall be a flat fee of $650. 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 new construction.
(e)
The fees for manufactured homes shall be a flat fee of $350.
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 new construction.
(2)
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 $75.
(a)
The fee shall be in the amount of $38 per $1,000.
(b)
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 of record, or by a recognized
estimating firm, or by the contractor. A bona fide contractor's
bid, or copy of contract if available, shall be submitted. The enforcing
agency shall make the final decision regarding estimated cost.
[1]
Fees for additions shall be computed on the same basis as for
new construction for the added portion provided, in each case, there
shall be a minimum fee of $75.
[2]
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 $75.
[3]
The fee for tents, in excess of 900 square feet or more than
30 feet on any dimension, shall be $150.
[4]
The fee for roofing or siding work shall be $0.038 for each
$1,000 of estimated cost of work with a minimum of $75.
[5]
The fee for aboveground swimming pools, spas, and hot tubs,
shall be $150. If the aboveground pool has a surface greater than
550 square feet, the fee shall be $175.
The fee for an in-ground swimming pool with a surface area greater
than 550 square feet shall be $150. All others with a surface 549
square feet or less shall be $150.
[6]
The fee for retaining walls shall be as follows:
[a]
The fee for a retaining with a surface area greater than 550
square feet that is associated with a Class 3 residential structure
shall be $250.
[b]
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 $150.
[c]
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: $75.
[7]
The fee for elevator tests and inspections shall be according
to N.J.A.C. 5:23-12.
[8]
Solar systems shall be a flat fee of $250.
(3)
Fees for demolition or removal:
(a)
In-ground pool: $75.
(b)
Storage tanks: Use Groups R-3 or R-5, $75, all others shall
be $95.
(c)
For one- and two-family dwellings (Groups R-3 and R-5 of the
residential building subcode), and structures less than 5,000 square
feet and less than 30 feet in height, and structures on farms, including
commercial farm buildings under N.J.A.C. 5:23-3.2(d), shall be a flat
fee of $98. For all other use groups, the fee will be $175.
C.
Plumbing subcode fees. Plumbing fixtures and equipment, with the
minimum permit fee being $75, shall be as follows:
(1)
The fee shall be $18 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, sump pumps except as indicated
below.
(2)
The fee shall be $95 per special device for the following:
(a)
Grease traps.
(b)
Oil separators.
(c)
Refrigeration units.
(d)
Utility service connections.
(e)
Back flow preventers equipped with test ports (double check
valve assembly, reduced pressure zone and pressure vacuum breaker
backflow preventers).
(f)
Steam boilers.
(g)
Hot water boilers (excluding those used for domestic water heating).
(h)
Active solar systems.
(i)
Jacuzzi.
(j)
Sewer pumps and interceptors.
(k)
LP underground gas lines and tanks.
(l)
Air-conditioning units (commercial).
(m)
Soda dispensing and coffee machines.
(n)
Acid neutralizing devices.
(o)
Gas piping (new service).
(p)
R-3 and R-5: vacuum breakers and backflow preventers.
(q)
Well and septic connections.
(3)
For cross connections and back flow preventers that are subject to
testing, requiring inspection annually, the fee shall be $70 for each
device when they are tested.
(4)
For heating system conversion units on existing heating appliances
(oil to gas) the fee shall be $25 per conversion unit.
D.
Electrical subcode fees. The fee for electrical fixtures and devices,
with a minimum fee of $75, shall be as follows:
(1)
For the first block consisting of one to 50 receptacles, fixtures
or devices, the fee shall be $65; for each additional block consisting
of up to 25 receptacles, fixtures or devices, the fee shall be $15.
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).
(2)
Light standards (mogul base, mercury base or fixtures other than
those specified in the previous subsection) for one to five fixtures,
$80; for each additional lamp, $15.
(3)
For each motor or electrical device rated from one hp or kw to 10
hp or kw; for each transformer or transformer rated from one kw or
one kw 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 $25.
(4)
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 $75.
(5)
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 $150.
(6)
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.
(7)
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 flat fee of $85, 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.
(8)
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 $75 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.
(9)
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.
(10)
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.
(11)
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:
(12)
The fee charged for process equipment shall be based on the ampere
rating of the overcurrent device protecting the conductor feeding
the process equipment or the cutoff device.
(13)
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.
(14)
For photovoltaic systems, shall be a flat fee of $250.
(17)
Annual fee for inspection of commercial pools, spas and hot tubs
(N.J.A.C. 5:23-2.18C) shall be $150.
E.
Fire protection subcode fees. For fire protection and hazardous equipment,
sprinklers, standpipes, detectors (smoke, heat, and carbon monoxide),
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 $75, the fee shall
be as follows:
(1)
Sprinklers:
(a)
The fee for 20 or fewer heads shall be $100.
(b)
For 21 heads to and including 100 heads, the fee shall be $182.
(c)
For 101 heads to and including 200 heads, the fee shall be $250.
(d)
For 201 heads to and including 400 heads, the fee shall be $850.
(e)
For 401 heads to and including 1,000 heads, the fee shall be
$1,150.
(f)
For 1,001 heads and above, the fee shall be $1,469.
(2)
Smoke detectors:
(a)
The fee for one to 12 detectors shall be $65.
(b)
For 13 to and including 37 detectors shall be $85.
(c)
For 38 to and including 62 detectors shall be $100.
(d)
For 63 to and including 87 detectors shall be $175.
(e)
For 88 to and including 112 detectors shall be $250.
(f)
For 113 detectors and over shall be $400.
(3)
The fee for each standpipe shall be $375.
(4)
The fee for each independent preengineered system shall be $175.
(5)
The fee for each gas- or oil-fired appliance that is not connected
to the plumbing system shall be $70 per appliance.
(6)
The fee for installation of aboveground oil tank shall be $70.
(7)
The fee for each commercial kitchen exhaust system shall be $175.
(8)
The fee for each incinerator shall be $511.
(9)
The fee for each crematorium shall be $511.
(10)
The fee for fire pumps shall be $180 each.
(11)
Gasoline and propane tanks: The fee shall be $95 each for the installation
of above- and in-ground tanks.
(12)
The fee for supervisory devices (i.e., tampers high/low air) shall
be $20 each.
(13)
The fee for signaling devices (i.e., horn/strobes, bells) shall be
$20 each.
(14)
Dry pipe alarm and pre-action valves: The fee shall be $75 each.
(15)
Smoke control system: The fee shall be $75 each.
(16)
Permits for the installation of fireplaces, woodstoves and solid-fuel-burning
appliances shall be $38 per $1,000 of estimated cost per unit, stove
or fireplace with a minimum fee of $75 per appliance or device.
(17)
Fireplace venting/metal chimney liner: The fee shall be $75 each.
F.
Fees for certificates and other permits are as follows:
(1)
For one- and two-family dwellings (Groups R-3 and R-5 of the residential
building subcode), and structures less than 5,000 square feet and
less than 30 feet in height, and structures on farms, including commercial
farm buildings under N.J.A.C. 5:23-3.2(d), shall be a flat fee of
$98. For all other use groups the fee will be $175.
(3)
The fee for a certificate of occupancy shall be $60.
(4)
The fee for certificate of occupancy granted pursuant to a change
of the use group shall be $175.
(5)
The fee for a certificate of continued occupancy issued under N.J.A.C.
5:23 shall be $175.
(6)
The fee for the first issuance and renewal of a temporary certificate
of occupancy shall be $45 and an additional fee of $45 for each extension
thereafter.
(7)
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.
(8)
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.
(9)
The fee for a permit for lead hazard abatement work shall be $196.
The fee for a lead abatement clearance certificate shall be $39.
(10)
Permits for the installation of fireplaces, woodstoves and solid-fuel-burning
appliances shall be $38 per $1,000 of estimated cost per unit, stove
or fireplace with a minimum fee of $75 per appliance or device.
(11)
A fee to erect a fence shall be $20 per $1,000 of estimated cost
provided that in each case there shall be a minimum fee of $75.
(12)
Fee for reinstatement of 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.
G.
Mechanical systems, residential replacement only: Minimum fee shall
be $75.
H.
For cross connections and backflow preventers that are subject to
testing, requiring inspection annually, the fee shall be $70 for each
device when they are tested.
I.
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:
(1)
One to 25 workers (including foreman), $933 per worker. Each additional
worker over 25, $329 per worker.
(2)
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.
J.
The fees for elevator device inspections and tests shall be as set
forth in N.J.A.C. 5:23-12.
K.
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 $38
for each $1,000 estimated cost for moving and placement in a completed
condition at the new location, provided that there shall be a minimum
fee of $75. The new foundation shall be computed as for new construction.
L.
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.
M.
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 $75.
N.
The municipality shall remit fees to the Bureau on a quarterly basis,
in conjunction with Report No. R-840A, State Training Fee Report,
in accordance with N.J.A.C. 5:23-4.5(e).
O.
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.
A.
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.
B.
Surcharge fee on new construction, alterations and
report.
[Amended 8-4-1994; 4-6-1995]
(1)
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.
(2)
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]
(3)
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]
A.
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.
B.
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.
C.
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 10-7-2021 by Ord.
No. O-13-2021[1]]
A.
The International Property Maintenance Code, current edition, a copy of which is on file in the office of the Municipal Clerk of the Township of Elk, being marked and designated as the International Property Maintenance Code of the Township of Elk, in the State of New Jersey, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter with the additions, insertions, deletions and changes, if any, prescribed in § 54-5B of this chapter.
B.
The following sections are hereby revised:
[Added 12-29-1980; amended 7-7-1983; 4-1-2010 by Ord. No. O-2010-22; 10-7-2021 by Ord. No. O-13-2021]
A.
No person shall permit occupancy and/or 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.
B.
Procedure.
(1)
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 10 days reinspect the required corrections.
(2)
This procedure shall be followed until all the items have been corrected,
at which time a final report shall be issued.
(3)
Inspections are based on the current International Property Maintenance
Code and the current Certificate of Occupancy Application Checklist.
C.
The owner making application for a housing report under this section
shall be charged a fee of $100 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 $50
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.
D.
Any person, firm or corporation violating or failing to comply with
any provisions of this chapter shall, upon conviction thereof, be
punishable by a fine of not more than $1,250, imprisonment for a term
not exceeding 90 days or a period of community service not exceeding
90 days. Any person, firm or corporation who is convicted of violating
the provisions of this chapter within one year of the date of a previous
violation of the same chapter and who was fined for the previous violation
shall be sentenced by the court to an additional fine as a repeat
offender. The additional fine imposed by the court for a repeated
offense shall not exceed the maximum fine fixed for a violation of
this chapter, but shall be calculated separately from the fine imposed
for the original violation of this chapter.
