Township of Clark, NJ
Union County
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[HISTORY: Derived from Sec. 14-1 of the 2002 Revised General Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No. 02-27. Amendments noted where applicable.]
GENERAL REFERENCES
Building design — See Ch. 99.
Numbering of buildings — See Ch. 104.
Unfit buildings — See Ch. 108.
Certificate of continued occupancy — See Ch. 114.
Fire prevention — See Ch. 161.
Housing standards — See Ch. 189.
Land use and development — See Ch. 195.

§ 122-1 Enforcing agency.

A. 
Establishment. There is hereby established in the Township of Clark a State Uniform Construction Code enforcing agency, to be known as the "Division of Code Enforcement."
B. 
Composition. The Division of Code Enforcement shall consist of a Construction Code 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 Act.
C. 
Administration. The Construction Code Official shall be the chief administrator of the enforcing agency.
D. 
Official positions; qualifications.
(1) 
Each official position created in Subsection B above shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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.
(2) 
More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each position.
E. 
Public office. 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. That office shall be at the Department of Construction office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey 07066.
F. 
Appeals. All appeals from any decision of any subcode official shall be made to the Union County Construction Board of Appeals.

§ 122-2 Fees.

[Amended 2-7-2005 by Ord. No. 05-04; 5-4-2009 by Ord. No. 09-13]
The following fee schedule shall be applicable as indicated:
A. 
Building.
(1) 
New building and additions (based on cubic volume):
(a) 
Residential: 0.035 per cubic foot.
(b) 
Commercial: 0.04 per cubic foot.
(c) 
Minimum fee: $75.
(d) 
DCA fee (as same may be adjusted from time to time by the New Jersey State Department of Community Affairs): 0.00334 per cubic foot.
(2) 
Alteration and renovations:
(a) 
Residential: $28 per $1,000 cost of construction.
(b) 
Commercial: $30 per $1,000 cost of construction.
(c) 
Roofing, residential: $75.
(d) 
Siding, residential: $75.
(e) 
Roofing and siding, commercial: $28 per $1,000 cost of construction.
(f) 
Minimum fee: $75.
(g) 
DCA fee (as same may be adjusted from time to time by the New Jersey State Department of Community Affairs): $1.70 per $1,000 cost of work.
(3) 
Combination of new buildings and alterations.
(a) 
Fees shall be computed separately by cubic feet and cost of construction, which shall be the sum of both.
(b) 
The fee for plan review shall be 25% of the amount to be charged for the construction permit. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit. The fee for plan review shall not be refundable. [N.J.A.C. 5:23-4.18(a)1 and (b)1]
(4) 
Sheds:
(a) 
Up to 90 square feet: $50.
(b) 
Over 90 square feet: $28 per $1,000 cost of construction.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Certificate of occupancy:
(a) 
New building and addition:
[1] 
Ten percent of building subcode fee.
[2] 
Minimum fee: $75.
(b) 
Certificate — change of use: $200.[2]
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Resale of a residential dwelling: $75.
(d) 
Multiple dwellings (per unit): $75.
(e) 
Resale of commercial or industrial building:
[1] 
Up to five offices: $200.
[2] 
Each additional office over five offices: $75 per office.
(f) 
Change of tenant, commercial/industrial: $200.
(g) 
Engineering inspection (where required by the Construction Code Official): $75.
(6) 
Change of contractor:
(a) 
For each subcode, as needed: $30.
(7) 
Swimming pools:
(a) 
Aboveground pool: $75.
(b) 
Below-ground pool: $250.
(8) 
Outside storage containers (allowed to remain for 30 days, may be extended two times at the discretion of the Construction Code Official): $50.
(9) 
Fences: $35.
(10) 
Antennas (not more than 10 feet high and a thirty-two-foot radius): $50.
(11) 
Asbestos and lead abatement work: $75.
(12) 
Radon: $60.
(13) 
Office trailer: $150.
(14) 
Zoning permit:[3]
(a) 
Nonresidential: $100.
(b) 
Residential: $25.
[3]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(15) 
Demolition:
(a) 
One- or two-family dwelling: $250.
(b) 
Apartment buildings exceeding two stories: $300.
(c) 
Garages, sheds, accessory uses: $75.
(d) 
Commercial and industrial: $30 per $1,000 cost of demolition, minimum $400; also escrow as per the Code for any demolitions.
(16) 
Signs.
(a) 
All signs shall be computed at $3 per square foot.
(b) 
Double-faced signs shall be charged the area of one side of the sign.
(c) 
Minimum fee: $75.
(17) 
Elevators, escalators, etc. Elevator fees shall be set forth in N.J.A.C. 5:23-4.14(g).
(18) 
Demand inspections:
(a) 
After-hour inspections: $150 for each subcode.[4]
[4]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(19) 
Reinstatement of a construction permit that has become invalid in accordance with the Uniform Construction Code shall be the full price of the permit as calculated by the most current adopted fees. [N.J.A.C. 5:23-4.17(a)1]
(20) 
Temporary and renewal certificate of occupancy: $75.
(a) 
Note: No initial fee charged, provided certificate of occupancy fee is paid at time of request.
(21) 
Engineering. Engineering inspections, as required (other than for a certificate of occupancy), will be performed on a time basis in accordance with contracts between the Township and its consultants.
(a) 
Minimum: $200.
B. 
Electrical.
(1) 
Wiring:
(a) 
One to 50 outlets, fixtures or switches: $60.
(b) 
Each additional 25 outlets or parts thereof (All switches, lighting and receptacles shall be counted as outlets.): $30.
(c) 
Note: For the purpose of computing this fee, the term "receptacles," "fixtures" or "switches" shall include lighting outlets, fluorescent fixtures, intercom devices, light standards, motors or equipment less than one horsepower (hp) or one kilowatt (kw), smoke and heat detectors, alarm devices, thermostats and communications outlets.
(2) 
Heating, cooking equipment or similar appliances:
(a) 
Outlet for single unit of 30 kw or less: $35.
(b) 
Each additional unit or outlet of 30 kw or less: $15.
(c) 
Cable heat, first unit: $35.
(d) 
Each additional cable unit: $15.
(3) 
Electrical devices, including motors, generators and transformers:
(a) 
Single unit or group, not exceeding five motors, whose total capacity does not exceed:
Under 10 hp or kw $25
10 hp to 50 hp or 10 kw to 45 kw $75
50 hp to 100 hp or 45 kw to 112.5 kw $125
Over 100 hp or 112.5 kw $460
* To compute fee, count all motors, except plug-in appliances, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical currents.
(4) 
Service meter equipment and feeders:
(a) 
Not over 200 amp: $75.
(b) 
Two hundred one to 1,000 amp: $150.
(c) 
Over 1,000 amp: $475.
(d) 
On replacement of service exceeding five meters, for each additional meter: $15.
(e) 
Temporary pole service not over 200 amp: $75.
(f) 
Temporary pole service over 200 amp: $150.
* To compute fee, count all motors, except plug-in appliances, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical currents.
(5) 
Electric signs, incandescent and fluorescent: $65.
(6) 
Primary transformers, vaults, enclosures and substations:
(a) 
Not over 200 kva: $75.
(b) 
Two hundred one kva to 500 kva: $150.
(c) 
Over 500 kva: $300.
Note: Above fees apply to each bank of transformers.
(7) 
In-ground swimming pools:
(a) 
Outlets and bonding: $100.
(8) 
Aboveground swimming pools:
(a) 
Outlets and bonding: $75.
(9) 
Miscellaneous:
(a) 
HVAC equipment (per unit): $20.
(b) 
Furnace: $20.
(c) 
Dishwasher: $20.
(d) 
Garbage disposal: $20.
(e) 
Electric dryer: $20.
(f) 
Electric range: $20.
(g) 
Hot-water heater: $20.
(h) 
Hard-wired microwave oven: $20.
(i) 
Electric baseboard heat greater than four feet in length: $20.
(j) 
Geothermal, kw range of 3.8 to 19.2; heat pump, 2.6 kw to 7.4 kw: $20.
(k) 
Surface units, 5.1 kw: $20.
(10) 
Annual electrical inspection:
(a) 
Annual electrical inspection of public swimming pools, spas or hot tubs: $100.
(11) 
Minimum fee: $75.
C. 
Plumbing.
(1) 
First plumbing fixture or vent stack: $40.
Water closet $20 each
Urinal/bidet $20 each
Bathtub $20 each
Lavatory $20 each
Shower $20 each
Floor drain $20 each
Sink $20 each
Dishwasher $20 each
Drinking fountain $20 each
Washing machine $20 each
Hose bib $20 each
Fuel-oil piping $20 per outlet
Gas piping $20 per outlet
Commercial gas piping $20 per $1,000
Water heater $35 each
Steam boiler $60 each
Hot-water boiler $60 each
Sewer pump and sewer ejector $75 each
Interceptor/separator $75 each
Backflow devices/vacuum breakers (residential) $20 each
Reduced-pressure backflow devices (commercial/industrial) $75 each
Grease trap $75 each
Sewer connection and sewer capping $65 each
Water service connection and water service capping $65 each
Stacks $20 each
Indirect connection $20 each
Water-cooled A/C or refrigeration unit $60 each
Active solar system $75
Lawn sprinkler systems $50
Condensate drain $20 per unit
Pool heater $65
Gas dryer $20 each
Laundry trays $20 each
Garbage disposal $20 each
Capping of sewer and water service $75
Commercial and/or special fixtures, boilers, dishwashers and tie-in to process equipment $75
(2) 
Storm drainage system:
(a) 
One roof drain: $60.
(b) 
Two to six roof drains: $30 each.
(c) 
Seven to 12 drains: $20 each.
(d) 
Thirteen and over: $15 each.
(3) 
Building storm drain:
(a) 
Up to eight inches: $75.
(b) 
Ten inches to 15 inches: $125.
(c) 
Eighteen inches to 24 inches: $185.
(d) 
Over 24 inches: $275.
(4) 
Minimum fee: $75.
D. 
Fire protection: fire protection and other hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems.
(1) 
Sprinkler heads or commercial detectors (smoke or heat):
1 to 20 heads or detectors $100
21 to 100 heads or detectors $150
101 to 200 heads or detectors $250
201 to 400 heads or detectors $600
401 to 1,000 heads or detectors $950
Over 1,000 heads or detectors $1,100
(2) 
Smoke detectors, residential (R-1, R-2, R-3):
(a) 
One to 12 detectors: $60.
(b) 
Each additional 25 detectors: $30.
(3) 
Central control station: $150.[5]
[5]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Alarm devices (horns/strobes, pull stations, signaling devices): $30.
(5) 
Standpipe systems: $250.
(6) 
Pre-engineered fire-suppression systems: $100.
(7) 
Gas- or oil-fired appliance (which is not connected to the plumbing system): $75.
(a) 
Gas- or wood-fired stove or fireplace: $60.
(b) 
Water heaters: $30.
(8) 
Chimney liners: $60.
(9) 
Kitchen exhaust systems: $50.
(10) 
Storage tank installation (aboveground and underground):
(a) 
Up to 2,000 gallons: $75.
(b) 
Over 2,000 gallons: $115.[6]
[6]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(11) 
Storage tank removal/abandonment (aboveground and underground):
(a) 
Up to 2,000 gallons: $75.
(b) 
Over 2,000 gallons: $115.[7]
[7]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
Vapor recovery and/or fuel piping installation: $75.
(13) 
Minimum fee: $75.

§ 122-3 Annual report to Council.

The Construction Code Official shall, with the advice of the subcode officials, prepare and submit to the Township Council annually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.

§ 122-4 Surcharge on new construction.

A. 
In order to provide for the training, certification and technical support programs required by the State Uniform Construction Code Act and the regulations, the enforcing agency shall collect, in addition to the fees specified in this chapter, a surcharge, as determined by the State of New Jersey, for new construction, per cubic foot of volume. The surcharge fees shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis or the fiscal quarters ending September 30, December 31, March 31 and June 30, not later than one month following the quarter for which it is due.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The enforcing agency shall report annually at the end of each fiscal year to the New Jersey Department of Community Affairs, not later than July 31, the total amount of the surcharge fees collected in the fiscal year.

§ 122-5 Waiver of fee for renovations promoting accessibility by disabled persons.

A. 
Waiver of fee. 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 contained therein. A disabled person or 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/her own living unit.
B. 
"Disabled person" defined. For the purposes of this section, a "disabled person" is a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the Federal Social Security Act or the Federal Railroad Retirement Act of 1974 or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans Act. For the purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. Any eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.