[HISTORY: Adopted by the Town Council of the Town of Newton 6-8-1970 as Sec. 11-1
of the Revised General Ordinances. Amendments noted where applicable.]
The State Uniform Construction Code, building subcode, is hereby
adopted pursuant to N.J.S.A. 52:27D-119 and N.J.A.C. 5:23. The code
is hereby adopted and incorporated as fully as if set forth at length
herein. The provisions shall be controlling in the construction, alteration,
renovation, rehabilitation, maintenance, occupancy, and use of all
buildings and structures therein contained within the corporate limits
of the Town.
A.
There is
hereby established in the Town a State Uniform Construction Code enforcing
agency to be known as the "Department of Code Enforcement," consisting
of a Construction Official, a building subcode official, building
and housing inspector, a plumbing subcode official, an electrical
subcode official, a fire protection subcode official, a mechanical
inspector, 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. All positions required or necessary to insure the
proper enforcement of the State Uniform Construction Code shall be
appointed by the Town Manager in accordance with New Jersey State
Civil Service rules and regulations. The Construction Official or
other subcode officials, upon proper identification, shall have authority
to enter any building, structure or premises at any reasonable hour.[1]
B.
In the event
the Town of Newton enters into an interlocal agreement for services
of one or more of said officials and/or inspectors, said services
may be provided by another municipality, county or state agency as
set forth in such interlocal agreement.
[Added 5-23-2011 by Ord.
No. 2011-9]
Each official position created in § 85-2 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq. 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 N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business during normal
business hours with the enforcing agency at one office location, except
for emergencies and unforeseen or unavoidable circumstances.
A.
Wherever the world "municipality" is used in the code, it shall mean
the Town of Newton.
B.
Wherever the term "corporation counsel" is used in the code, it shall
mean the attorney of the Town of Newton.
C.
Wherever the term "Board of Appeals" is used in connection with the
construction code enforcing agency, it shall mean the Sussex County
Board of Appeals created pursuant to the State Uniform Construction
Code Act which shall be used for purposes of appeals from decisions
of the Town enforcement agency.
The fire limits of the Town are hereby established as follows:
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Commencing at a point in the center of Clinton Street opposite
the intersection of Emmons Avenue, which point is in the southeasterly
boundary line as extended of Lot 33 in Block 405 on the Tax Map of
the Town of Newton and running thence the following courses and distances:
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a.
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In a southwesterly direction along the southeasterly boundary
line of Lot 33 in Block 405 as shown on the Tax Map of the Town to
the most southwesterly corner of the lot; thence
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b.
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In a generally southwesterly direction from said point to the
most southeasterly corner of Lot 12 in Block 405 as shown on the Tax
Map of the Town, which point is also the northeasterly corner of Lot
11 in Block 405; thence
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c.
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In a southwesterly direction along the boundary line between
Lots 11 and 12 in Block 405, and as the line would be if extended
across Mill Street, to a point which is the southeasterly corner of
Lot 29 and the most northeasterly corner of Lot 28 in Block 403 as
shown on the Tax Map; thence
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d.
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Following the boundary line between Lots 28 and 29 in Block
403 as above mentioned, to the rear of the lots, a distance of 318
feet, more or less; thence
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e.
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From a point formed by the intersection of the northwesterly
corner of Lot 28 in Block 403 and the most northeasterly corner of
Lot 7 in Block 403 as above mentioned, southwesterly along the northwesterly
corner of Lot 3 in Block 403 as shown on the Tax Map; thence
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f.
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In a southeasterly direction along the southeasterly boundary
line of Lot 3 in Block 403 to a point in the center of High Street,
a distance of 570 feet, more or less; thence
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g.
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Along the center line of Church Street in a southeasterly direction
to the point of intersection between the center lines of Church Street
and Main Street; thence
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h.
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In a southeasterly direction to the northwesterly corner of
Lot 8 in Block 711 as shown on the Tax Map of the Town; thence
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i.
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In a southeasterly direction along the southwesterly boundary
line of Lot 8 in Block 711, the distance thereof; thence
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j.
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Along the southeasterly boundary lines of Lots 8 and 9 in Block
711 to the point of intersection by the southwesterly line of Lot
10 in Block 711; thence
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k.
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Along the southwesterly boundary lines of Lots 10 and 24 in
Block 711 and as the same are projected through Lots 35 and 36 in
Block 711, and continuing on the southwesterly boundary line of Lots
37, 38 and 39 to a point in the center of Jefferson Street; thence
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l.
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Along the southwesterly boundary lines of Lots 15, 14 and 11
in Block 712 to a point in the center of Madison Street; thence
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m.
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From the point in the center of Madison Street along Madison
Street in a northeasterly direction to a point formed by the intersection
of the center lines of Madison Street and Cedar Street; thence
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n.
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Along the center line of Cedar Street to a point formed by the
northwesterly boundary line of Lot 6 in Block 1111, as extended, with
the center line of the street; thence
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o.
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Along the northwesterly boundary lines of Lots 6, 5, 4 and 3
in Block 1111 to the northwesterly
corner of Lot 3 in the Block; thence
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p.
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Southeasterly along the southwesterly boundary line of Lot 3
in Block 1111 to the point of intersection with the northwesterly
boundary line of Lot 2 in Block 1111; thence
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q.
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Southwesterly along the northwesterly boundary line of Lot 2
in Block 1111 to the northwesterly corner of the lot; thence
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r.
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Southeasterly along the southwesterly boundary line of Lot 2
in Block 1111 to a point in the center line of Halsted Street; thence
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s.
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Along the center line of Halsted Street to a point formed by
the intersection of the center lines of Halsted Street, Sparta Avenue,
and Spring Street; thence
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t.
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In a southerly direction along the center line of Sparta Avenue
to a point opposite the boundary line between Lot 9 in Block 1107
and Lot 1 in Block 1301 as shown on the Tax Map; thence
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u.
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Southeasterly along the southwesterly boundary line of Lot 1
in Block 1301 a distance of 243 feet, more or less; thence
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v.
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Crossing Lot 1 in Block 1301 in a southeasterly direction to
the southwesterly corner of Lot 2 in Block 1301; thence
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w.
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Along the southwesterly boundary of Lot 2 and the northeasterly
boundary of Lot 3 in Block 1301 in a southeasterly direction to a
point in the center line of Diller Avenue; thence
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x.
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Along the center line of Diller Avenue in a northerly direction
to a point formed by the intersection of the center lines of Diller
Avenue and Spring Street; thence
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y.
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Southeasterly along the center line of Spring Street to a point
formed by the intersection of the center lines of Spring Street and
Stuart Street; thence
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z.
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Northeasterly along the center line of Stuart Street to the
point of intersection between the center lines of Stuart Street and
Palmer Street; thence
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aa.
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In a northwesterly direction parallel with Trinity Street to
a point in the center line of Kelsey Avenue; thence
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bb.
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Running easterly along the center line of Kelsey Avenue to the
point in the center line of Kelsey Avenue; thence
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cc.
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In a northwesterly direction along the center line of Trinity
Street to the point of intersection between the center lines of Trinity
Street and Moran Street; thence
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dd.
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In a northeasterly direction along the center line of Moran
Street to a point of intersection between the center lines of Moran
Street and Hamilton Street; thence
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ee.
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In a northwesterly direction along the center line of Hamilton
Street to the point of intersection between the center lines of Hamilton
Street and Water Street; thence
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ff.
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In a northeasterly direction along the center line of Water
Street to the point of intersection between the center lines of Water
Street and East Clinton Street; thence
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gg.
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In a southeasterly direction along the center line of East Clinton
Street to the point of intersection of the center lines of East Clinton
Street and Moran Street; thence
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hh.
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Northeasterly along the center line of Moran Street to the point
where the southwesterly boundary line of Lot 16A in Block 803 as extended,
intersects the center line of Moran Street; thence
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ii.
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Northwesterly along the southwesterly boundary line of Lots
16A, 28, 29, 30, 31, and 32 in Block 803 to a point in the center
line of Water Street; thence
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jj.
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Southwesterly along the center line of Water Street to the point
of intersection of the center lines of Water Street and Clinton Street;
thence
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kk.
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Northwesterly along the center line of Clinton Street to the
point or place of beginning.
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The Construction Official shall prepare and submit to the Town
manager annually, a report reevaluating the delineation of the fire
limits. This report shall indicate the recommendations of the Construction
Official, the building subcode official, and the fire subcode official
regarding those areas which should be designated as within the limits,
with the reasons therefor.
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Rules concerning violations and penalty proceedings are contained
within the regulations of the Uniform Construction Code.
Upon issuance of a certificate of occupancy under the regulations of this chapter, all buildings and structures are subject to the provisions of Chapter 213, Property Maintenance, Article II, Property Maintenance Code, known as the "Property Maintenance Code." The issuance of certificates of occupancy shall be conditioned upon compliance with Chapter 213, Article II, providing that no provisions of Chapter 213, Article II, conflict, govern or affect the provisions or intent of the Uniform Construction Code.
