[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 2-15-1978 (Ch. 48 of the 1974 Code). Amendments noted where applicable.]
A.
There is hereby established in the Borough of Westville a State Uniform
Construction Code Enforcing Agency, to be known as the "Construction
Code Enforcement Agency," consisting of a Construction Official, a
Building Subcode Official, a Plumbing Subcode Official, an Electrical
Subcode Official, a Fire Protection Subcode Official and such other
subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs in the 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. The Fire Protection Subcode Official shall be appointed
by the Mayor and Council from those persons recommended by the Fire
Chiefs. All others shall be appointed by the Mayor and Council.
B.
Each official position created in Subsection A above shall be filed by a person qualified for such position pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), as amended, and N.J.A.C. 5:23 et seq., 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 et seq. More than one such official position may be held by the same person, provided that such person is qualified pursuant to law to hold each such position.
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.
The Borough of Westville Construction Code Enforcement Agency
shall examine each application for a construction permit. If the application
conforms with this chapter, it shall approve the application and shall
issue a construction permit to the applicant. Every application for
a construction permit shall be granted, in whole or in part, or denied
within 20 business days. If the application is denied in whole or
in part, the Borough of Westville Construction Code Enforcement Agency
shall set forth the reasons therefor in writing. If the Borough of
Westville Construction Code Enforcement Agency fails to grant, in
whole or in part, or denies any application for a construction permit
within the period of time prescribed herein, such failure shall be
deemed a denial of the application for purposes of an appeal to the
Gloucester County Construction Board of Appeals, unless such period
of time has been extended with the consent of the applicant. The Borough
of Westville Construction Code Enforcement Agency may approve changes
in plans and specifications. Except as otherwise provided in this
chapter, the construction or alteration of a building or structure
shall not be commenced until a construction permit has been issued.
The construction of a building or structure shall be in compliance
with the approved application for a construction permit and all conditions
of site plan approval, if required.
If no construction has been undertaken, pursuant to a construction
permit within one year from the time of issuance, the permit shall
expire. The Borough of Westville Construction Code Enforcement Agency
may suspend, revoke or cancel a construction permit in case of neglect
or failure to comply with the provisions of this chapter or any other
law or regulation of the State of New Jersey, or upon a finding by
it that a false representation has been made in the application for
the construction permit.[1]
A.
The Fire Prevention Code promulgated or to be promulgated by the
Commissioner of the New Jersey Department of Community Affairs pursuant
to authority of P.L. 1975, c. 217, including all subsequent revisions
and amendments thereto is hereby adopted by reference as the fire
prevention subcode.
B.
The fire limits shall include all areas of the Borough of Westville.
The Construction Official shall prepare and submit to the Mayor and
Council, at least biannually, a report reevaluating the delineation
of the fire limits. This report shall indicate the recommendation
of the Construction Official, the Building Subcode Official and the
Fire Subcode Official regarding those areas which should be designated
in any other manner and shall include the reasons therefor.
[Amended 12-29-1988; 5-13-1990; 6-12-1990; 9-11-1990; 6-23-1999; 4-28-2014 by Ord. No. 2-2014; 2-8-2016 by Ord. No. 2-2016; 2-8-2016 by Ord. No. 3-2016]
The fee for a construction permit shall be the sum of the subcode
fees listed in Subsection B hereof and shall be paid before the permit
is issued. All fees totaling a partial dollar amount shall be ascribed
the next highest dollar amount.
A.
Construction permits.
(1)
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.
(2)
The fee for plan review shall be 20% of the amount to be charged
for a construction permit.
(a)
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 in structures of group R-2 exempted by Subsection A(2)(b) below shall be $365 for each device.
(b)
The fee for plan review for elevator devices 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. The
minimum fee shall be $75, except for groups A 1-5, B, M, H, E, F 1-2
and S 1-2 where the minimum fee shall be $175.
(a)
New construction:
[1]
Use groups B, H, I1-4, M, E, U, R1-5: $0.040 per cubic foot
of volume.
[2]
Use groups A1-5, F1-2, S1-2: $0.025 per cubic foot of volume.
[3]
Farm use buildings, storage or shelter, including commercial
farm buildings under N.J.A.C. 5:23-3.2(d) with a maximum fee of $1,602:
$0.0011 per cubic foot of volume.
(2)
Manufactured homes (trailers, includes footings and foundations):
$350.
(4)
Alterations, renovations and repairs.
(a)
The fees for alterations, renovations and repairs or site construction
associated with pre-engineered systems of commercial farm buildings,
pre-manufactured construction, and the external utility connection
for pre-manufactured construction shall be based upon the estimated
cost of the work.
(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, if available, shall be submitted. The enforcing agency shall
make the final decision regarding estimated cost.
(5)
Additions.
(a)
Additions shall be computed on the same basis as for new construction
for the added portion provided in each case, with a minimum fee of
$75.
(b)
Renovations and additions (combination) shall be computed as
the sum of the fees computed separately in accordance with this section
with a minimum fee of $75.
(c)
The fee for tents, in excess of 900 square feet or more than
30 feet on any dimension shall be $140. This fee shall not be required
or imposed for tents, tensioned membrane structures, and canopies
that meet all of the criteria set forth below. Notwithstanding the
above, tents, tensioned membrane structures and canopies meeting the
following criteria shall be subject to the permitting requirements
of the Uniform Fire Code (N.J.A.C. 5:70-2.7).
[1]
The tent, tensioned membrane structure or canopy is 140 feet
or less in any dimension and 16,800 square feet or less in area where
it is composed of one or multiple units;
[2]
The tent, tensioned membrane structure or canopy remains in
place or will remain in place for fewer than 180 days;
[3]
The tent, tensioned membrane structure, or canopy is used or
occupied only between April 1 and November 30;
[4]
The tent, tensioned membrane structure, or canopy does not have
a permanent anchoring system or foundation; and
[5]
The tent, tensioned membrane structure, or canopy does not contain
platforms or bleachers greater than 11 feet in height.
(d)
The fee for roofing or siding work shall be computed the same
as alterations.
(e)
Aboveground swimming pools shall be $160 with a surface greater
than 550 square feet; the fee in all other cases shall be $75. The
fee for an in-ground swimming pool shall be $250 with a surface area
greater than 550 square feet; the fee in all other cases shall be
$125.
(f)
Sheds and storage buildings 101 square feet and greater shall
be calculated as new construction with a minimum fee of $75.
(g)
Fees for retaining walls shall be as follows:
[1]
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with Class 3 Residential shall
be $250.
[2]
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 $125; and
[3]
The fee for a newly constructed retaining wall of any size at
other than a Class 3 Residential structure shall be based on $35 per
$1,000 of the cost of the construction, with a minimum fee of $75.
C.
Plumbing subcode. For fixtures and equipment the fees shall be as
follows:
(1)
The fee shall be in the amount of $18 per fixture, piece of equipment,
or appliance connected to the plumbing system, and for each appliance
connected to the gas piping or oil piping system, except as indicated
below.
(2)
The fee shall be $91 per special device for the following: grease
traps, oil separators, refrigeration units, utility service connections,
backflow preventers equipped with test ports (double check valve assembly,
reduced pressure zone, and pressure vacuum breaker backflow preventers),
steam boilers, hot water boilers (excluding those for domestic water
heating), active solar systems, sewer pumps, and interceptors. There
shall be no fee charged for gas service entrances.
(3)
The fee for reconnecting gas appliances shall be $18. The fee for
residential gas piping shall be $65, and for commercial, $85.
(4)
Minimum plumbing fee shall be $75.
D.
Electrical subcode. The fee for fixtures and devices shall be as
follows:
(1)
For the first block consisting of one to 50 receptacles, fixtures,
or devices, the fee shall be $60; 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, communication
outlets, light standards eight feet or less in height, including luminaires,
emergency lights, electric signs, exit lights or similar electric
fixtures, and devices rated 20 amperes or less, including motors and
equipment rated at less than one horsepower (hp) or one kilowatt (kw).
(2)
For each motor or electrical device rated from one hp or one kw to
10 hp or 10 kw; for each transformer or generator rated from one kw
or one kilovolt-amp (kva) to 10 kw or 10 kva; for each replacement
of wiring involving one branch circuit or part thereof; for each storable
pool or hydromassage bathtub; for each underwater lighting fixture;
for household electric cooking equipment rated up to 16 kw; for each
fire, security, or burglar alarm control unit; for each receptacle
rated from 30 amperes to 50 amperes; for each light standard greater
than eight feet in height including luminaries; and for each communications
closet, the fee shall be $30.
(3)
For each motor or electrical device rated from 11 hp or 11 kw to
50 hp or 50 kw; for each service equipment, panel board, switch board,
switch gear, motor-control center, or disconnecting means rated 225
amperes or less; for each transformer or generator rated from 11 kw
or 11 kva to 50 kw or 50 kva; for each electric sign rated from greater
than 20 amperes to 225 amperes including associated disconnecting
means; for each receptacle rated greater than 50 amperes; and for
each utility load management device, the fee shall be $65.
(4)
For each motor or electrical device rated from greater than 51 hp
or 51 kw to 100 hp or kw; for each service equipment, panel board,
switch board, switch gear, motor-control-center, or disconnecting
means rated from greater than 225 amperes to 1,000 amperes; and 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.
(5)
For each motor electrical device rated at greater than 101 hp or
101 kw; for each service equipment, panel board, switch board, switch
gear, motor-control-center, or disconnecting means rated at greater
than 1,000 amperes; and for each transformer or generator rated at
greater than 112.5 kw or 112.5 kva, the fee shall be $640.
(6)
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, and heaters, etc., excepting panel boards and under water lighting fixtures. For public swimming pools, the fee shall be charged on the basis of the number of electrical fixtures and rating of each electrical device involved in accordance with Subsection D(1) through (5) above.
(7)
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar, or security alarm systems in any one- or two-family dwelling shall be a flat fee of $50 per dwelling unit. For fire, burglar, and security alarm systems and detectors in buildings other than one- or two-family dwellings, the fee shall be charged in accordance with Subsection D(1) and (2) above.
(8)
For installations consisting of multi-meter stacks, the fee shall be based on the ampere rating of the main bus 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(3), (4) or (5) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(9)
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 be no additional
fee charged for the concurrent installation of individual circuit
components, for example, controllers, starters, and disconnecting
means.
(10)
For electrical work requiring replacement of service entrance
conductors or feeder conductors only, or panels, subpanels, service
disconnects, the fee shall be based on the designated ampere rating
of the overcurrent of the device of the service or feeder as follows:
(11)
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.
(12)
For the purpose of computing these fees, all electrical and
communications devices, utilization equipment and motors which are
part of the premises wiring, except those which are portable plug-in
type shall be counted.
(14)
Minimum electrical fee shall be $75.
E.
Fire protection subcode. For fire protection and 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, incinerators, and crematoriums,
the minimum permit fee shall be $75.
(1)
The fee for sprinklers shall be as follows:
(a)
For 20 or fewer heads, the fee shall be $95.
(b)
For 21 heads to and including 100 heads, the fee shall be $150.
(c)
For 101 heads to and including 200 heads, the fee shall be $300.
(d)
For 201 heads to and including 400 heads, the fee shall be $600.
(e)
For 401 heads to and including 1,000 heads, the fee shall be
$1,150.
(f)
For over 1,000 heads the fee shall be $1,469.
(2)
The fee for smoke detectors, heat detectors, pull stations shall
be as follows:
(a)
The fee for one to 12 detectors shall be $50.
(b)
The fee for 13 to 37 detectors shall be $70.
(c)
The fee for 38 to 62 detectors shall be $90.
(d)
The fee for 63 to 87 detectors shall be $125.
(e)
The fee for 88 to 112 detectors shall be $165.
(f)
The fee for 113 detectors to 137 detectors shall be $200.
(g)
The fee for 138 detectors and over shall be $275.
(3)
The fee for each standpipe shall be $350.
(4)
The fee for each independent pre-engineered system shall be $150.
(Wet chemical, dry chemical, CO2 suppression,
foam suppression, FM 200 suppression, Ansul system, etc.)
(5)
The fee for each gas- or oiled-fired appliance that is not connected
to the plumbing system shall be $70.
(6)
The fee for the installation of an aboveground oil tank shall be
$70.
(7)
The fee for each commercial kitchen exhaust system shall be $150.
(8)
The fee for each crematorium shall be $511.
(9)
The fee for each incinerator shall be $511.
(10)
The fee for fire pumps shall be $180.
(11)
The fee for gasoline and propane tanks, in-ground and aboveground,
shall be $75 each.
(12)
The fee for supervisory devices (i.e., tampers, high/low air,
etc.) shall be $15 each.
(13)
The fee for signaling devices (i.e., horns/strobes, bells, etc.)
shall be $15 each
(14)
The fee for dry pipe alarm and pre-action valves shall be $60
each.
(15)
The fee for smoke control systems shall be $75 each.
(16)
Permits for the installation of fireplaces, wood burning stoves
and solid fuel burning appliances shall be $35 per $1,000 of estimated
cost per unit. Minimum fee shall be $75 per device or appliance.
(17)
Fireplace venting/metal chimney or chimney liner shall be $75.
(18)
Fee for fire mains to the building shall be $1 per linear foot.
(19)
Fee for fire hydrants shall be $50 each.
(20)
The fee for fire extinguishers shall be a flat fee of $50.
F.
Elevator subcode. The fee for elevator device inspections and tests
shall be as set forth in N.J.A.C. 5:23-12.
G.
Demolition. The fees for demolition shall be as follows:
(1)
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 (Group R-3 or R-5 of the building
subcode), and for structures on farms, including commercial farm buildings
under N.J.A.C. 5:23-3.2(d), and $168 for all other groups.
(2)
The fee for the demolition of an in-ground pool shall be $70.
(3)
The fee for demolition of storage tanks shall be: Use Groups R-3
or R-5 $70; all others, $92.
H.
Fees for certificates and other permits.
(1)
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 (Group R-3 or R-5 of the building
subcode), and for structures on farms, including commercial farm buildings
under N.J.A.C. 5:23-3.2(d), and $168 for all other groups.
(2)
The fee for a permit to construct a sign shall be in the amount of
$6 per square foot of surface area of sign computed on one side only
for double-faced signs. The minimum fee shall be $70.
(3)
The fee for a certificate of occupancy shall be $50.
(4)
The fee for a certificate of occupancy granted pursuant to a change
of the use group shall be $168.
(5)
The fee for a certificate of occupancy for change in ownership or
tenant of a property shall be $168.
(6)
The fee for the first issuance and renewal of a temporary certificate
of occupancy shall be $40.
(7)
The fee for plan review of a building for compliance under the alternate
systems and non-depletable 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 temporary 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 $175 for Class
2 and Class 3 structures. The fee for resubmission of an application
for a variation shall be $321 for Class 1 structures and $91 for Class
2 and Class 3 structures.
(9)
The permit fee 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, wood-burning stoves
and solid-fuel-burning appliances shall be $35 per $1,000 of estimated
cost per unit. Minimum fee shall be $75 per device or appliance.
(11)
The fee to erect a fence shall be $20 per $1,000 of estimated
cost, provided that in each case there shall be a minimum of $75.
(12)
The fee for reinstatement of an expired construction permit
shall be at the rate of 75% of the current permit fee. The fee is
to be calculated with the use of the current fee schedule, less 25%
for reinstatement fees.
I.
Mechanical systems.
(4)
For cross-connections and backflow preventers that are subject to
retesting, requiring inspection annually, the fee shall be $30 for
each device.
(5)
Annual permit requirements.
(a)
The fee that is charged for a 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. The fees for annual
permits will be as follows:
[1]
One to 25 workers (including foremen): $933 per worker; each
additional worker over 25 shall be $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 F170). 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.
(6)
The fee for elevator device inspections and tests shall be N.J.A.C.
5:23-12.
(7)
The fee for the annual electrical inspection of swimming pools, spas
or hot tubs shall be $150. The fee for each additional swimming pool,
spa or hot tub on a site shall be $75.
(8)
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 $35
per $1,000 of estimated cost for moving and placement in a completed
condition at a new location, provided that there shall be a minimum
fee of $75. The new foundation shall be computed as for new construction.
(9)
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 reviews, inspections and administration.
(10)
Prototype. 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.
(11)
The fee for a fish pond in R-3 and R-5 Use Groups that meets
the definition of a swimming pool shall be a flat fee of $75.
(12)
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. 5:2304.5(d).
(13)
Waiver of permit construction fees for residential accessibility
improvements: Pursuant to New Jersey Public Law 1996 Chapter 92 [N.J.A.C.
52:27D-126(e)], disabled persons, so defined, or the parent or a 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 (Am. 06-01-06; Am. 04-21-11).
[Added 9-27-2000]
A.
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 private structure or any of the
facilities contained therein.
B.
A disabled person, 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 improvement which promotes accessibility to his or her own living
unit.
C.
"Disabled person" means 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 limited to, any resident of
this state who is disabled pursuant to the federal Social Security
Act (42 U.S.C. § 416) or the Federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veterans Act. For 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. An 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 or 20/200 or less.
In the event of conflicting or inconsistent interpretations
or application of this chapter between any two officials, the Construction
Official shall rule as to which interpretation or application shall
be followed.
