Township of Brick, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Brick 5-20-2014 by Ord. No. 11-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dune preservation — See Ch. 162.
Fire prevention — See Ch. 191.
Flood damage prevention — See Ch. 196.
Housing standards — See Ch. 225.
Land use — See Ch. 245.
[1]
Editor's Note: This ordinance also repealed former Ch. 145, Construction Codes, Uniform, adopted 2-22-1977 by Ord. No. 300-77 (Ch. 121 of the 1989 Code), as amended.

§ 145-1 Enforcing agency; subcode officials; office location.

[Amended 12-6-2016 by Ord. No. 18-16]
A. 
There is hereby established in the Township of Brick a State Uniform Construction Code enforcing agency, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Fire Protection Subcode Officials, Electrical Subcode Officials, Mechanical 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 (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. 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, and N.J.A.C. 5:23 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.

§ 145-2 Submission of plot plan required.

[Amended 12-6-2016 by Ord. No. 18-16]
Neither the Construction Official nor any building subcode official shall accept or approve any foundation for any structure unless the person, firm or corporation applying for such acceptance or approval shall have submitted a plot plan showing the location of such foundation in relation to the side lines and front and rear property lines of the lot upon which such foundation has been constructed and showing the elevation of the top of any such foundation in relation to mean sea level datum or other datum acceptable to the Township Engineer and until such plot plan has been certified by the Township Engineer as conforming to the survey information submitted in connection with the application for a construction permit.

§ 145-3 Fee provisions.

[Amended 12-6-2016 by Ord. No. 18-16]
A. 
The fees for construction permits, including, but not limited to, subcode, plan review, demolition, building removal, sign permits, certificate of occupancy, certificate of continued occupancy, elevator permits and inspections, commercial fuel storage tank installation, and surcharge fees shall be as shown on the Schedule of Fees which is adopted as part of this section and for which Schedule of Fees 10 copies have been placed on file in the office of the Municipal Clerk and in the office of the Construction Code Official, whose department is charged with enforcement of this section so that such copies may be examined by the public as long as this section is in effect.[1]
[1]
Editor's Note: See § 145-3.1, Schedule of fees.
B. 
All fees collected pursuant to this chapter shall be remitted quarterly to the Township Treasurer by no later than the last day of the last month of each quarter commencing with the quarter ending on March 31.
C. 
The Township Council may by resolution waive the payment of any fees provided for in this chapter where an application is brought for any permit provided for in the chapter for property owned by the Brick Township Board of Education, the Brick Township Municipal Utilities Authority, the Brick Township Housing Authority, the Brick Township Joint Board of Fire Commissioners or any other local public entity in the Township of Brick or any agent for any of these public entities. The Brick Township Board of Education shall be exempt for the payment of any fee provided for by this chapter except as provided for in § 145-3D.
D. 
Where local construction code plan review and release is requested by the school district pursuant to P.L. 1990, c. 23,[2] a plan review fee shall be charged at a rate equivalent to the plan review fee for an application submitted by a nonpublic entity as authorized by N.J.A.C. 5:23-3.11A(b)2.
[2]
Editor's Note: See N.J.S.A. 52:27D-126c.

§ 145-3.1 Schedule of fees.

[Amended 12-6-2016 by Ord. No. 18-16]
The following fee schedule is hereby adopted and establishes for the following construction and subcode fees.
A. 
Sum of fees. The fee for a construction permit shall be the sum of certificate fees and subcode fees listed in this section and shall be paid before a permit is issued. All fees charged pursuant to this chapter shall be rounded in accordance with standard mathematical practices (i.e., $105.44 becomes $105 and $198.67 becomes $199).
B. 
Estimated cost required. All applications for a permit shall include an estimated cost of construction. For the purpose of determining the estimated cost of construction the applicant shall submit to the Construction Official such cost data as may be available and produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bona fide contractor's bid, or contract if available, shall be submitted. The Construction Official and/or his designee shall make the final decision regarding the estimated cost.
(1) 
When the proposed construction includes a combination of more than one of the following types of work: new construction, including additions, premanufactured construction, repair, alteration, or renovation, the estimated cost of construction shall identify the cost of each type of work.
(2) 
The cost data shall indicate the cost for work regulated by each subcode. A separate cost shall be provided for building subcode, plumbing subcode, fire subcode, electrical subcode, mechanical subcode and elevator subcode, or in any other manner required by the Construction Official.
(3) 
For applications subject to barrier-free requirements, an additional cost estimate shall be provided indicating the cost of any work in the primary function space of the structure, and the percentage of that cost that provides improvements to the barrier-free access to the structure.
C. 
Certificate fees.
(1) 
Certificates of occupancy. Certificate of occupancy fees shall be the following:
(a) 
For new construction and additions:
[1] 
The fee for all use groups except multitenant occupancies shall be 10% of the permit fee.
[2] 
The fee for multitenant buildings shall be $200 for the common areas and $150 per tenant space.
(b) 
For a certificate of occupancy as a result of a change of use, the certificate fee shall be $150.
(c) 
The fee to extend a temporary certificate of occupancy is $30; however, no fee shall be charged for a temporary certificate that is issued based on prior approvals.
(d) 
A certificate of occupancy to reoccupy a structure following asbestos hazard abatement shall be charged as an administrative fee as in Subsection L below.
(2) 
A certificate of continued occupancy fee shall be a flat fee for all required subcodes. The fee shall be determined by use at the following rate:
(a) 
The fee for a certificate of continued occupancy for a R-3, R-4 or R-5 use shall be $125.
(b) 
The fee for a certificate of continued occupancy for all other use groups shall be $150.
(3) 
Certificate of clearance for lead abatement. The fee for lead hazard abatement work shall be $100 plus a certificate fee of $35.
(4) 
Certificate of approval or certificate of compliance. There shall be no additional fee for a certificate of compliance or certificate of approval other than any associated subcode permit fee, or subcode fee for elevator inspections, pool bonding inspections, backflow/cross-connection test or other ongoing inspections.
D. 
Garbage can purchase required. Prior to issuing of a certificate of occupancy for a new residence, the owner of the property or the permit applicant must provide evidence that the appropriate automated garbage can and automated recycling can has been purchased in a size and at a cost determined by the Public Works Director. If a previous dwelling existed on the lot, and the previous dwelling's automated garbage and recycling cans remain, no additional automated can purchases will be required.
E. 
Plan review fees. The fee for a plan review shall be 25% of the amount to be charged for the construction permit. At the discretion of the Construction Official, the fee shall be paid before the plans are reviewed or at the time the permit is issued. The amount paid for the plan review shall be credited toward the amount of the fee to be charged for the construction permit. For prototype plans, the fees shall be reduced as follows:
(1) 
For statewide prototype plans' review conducted by the state, the permit fee will be reduced by 15%.
(2) 
For Township-reviewed prototype plans, the fee will be reduced by 25%, unless the foundation system is not included as part of the prototype application. If a Township-reviewed prototype plan does not include foundation systems, the plan review fee will be reduced by 15%.
(3) 
Where local construction code plan review and release is requested by the school district pursuant to P.L. 1990, c. 23,[1] a plan review fee shall be charged at a rate equivalent to the plan review fee for an application submitted by a nonpublic entity indicated in § 145-3.1E above, as authorized by N.J.A.C. 5:23-3.11A(b)2.
[1]
Editor's Note: See N.J.S.A. 52:27D-126c.
(4) 
For additional plan review required due to changes to the plan after a permit has been issued, an additional plan review fee will be charged based on an hourly rate.
(a) 
For R-3, R-4, and R-5 uses, the fee shall be $75 per hour.
(b) 
For all other uses, the fee shall be $80 per hour.
(5) 
Elevator plan review fees shall be charged based on § 145-3.1R below.
F. 
Demolition permit. A demolition permit shall be issued for the removal of principal structures; accessory structures such as sheds, detached garages, pools, or similar structures; or the removal or abandonment in place of flammable or combustible liquid storage tanks, septic tanks or similar structures. The fee for a demolition permit shall be:
(1) 
For R-3, R-4, or R-5 structures the fees shall be:
(a) 
For principal structures: $200.
(b) 
For accessory structures other than septic tanks or oil tanks: $125.
(c) 
For on-site abandonment or removal of an oil tank: $150.
(d) 
For the abandonment of a septic tank: $150.
(2) 
For all other uses, the fees shall be:
(a) 
For principal structures: $250.
(b) 
For accessory structures other than septic tanks and oil tanks: $200.
(c) 
For on-site abandonment or removal of an oil tank: $250.
(d) 
For the abandonment of a septic tank: $150.
G. 
Expired permits. The Construction Official shall review requests for renewal of permits that have become invalid per N.J.A.C. 5:23-2.16(b). If, in the opinion of the Construction Official, with the advice of the appropriate subcode officials, no specific hazards exist that would prevent the reactivating of the permit, the permit may be reactivated for a fee of $125 per subcode.
H. 
Sign permit. Fees for the installation of a sign shall be a flat fee per sign installed plus fees associated with the electrical subcode. The fee shall be:
(1) 
For pylon or other type of signs not connected to a principal structure: $200 each.
(2) 
For signs attached to a principal structure: $100.
I. 
Annual permit. The fee for an annual permit shall be $150. Prior to the issuance of an annual permit, a training registration fee 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 payable to "Treasurer, State of New Jersey." The Department of Community Affairs shall register these individuals and notify them of the courses being offered.
J. 
Development-wide inspection of homes. The fee for development-wide inspection of homes after issuance of a certificate of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 shall be an amount equal to twice the hourly base salary paid to any licensed code official performing the work or the hourly fees charged to the municipality by a professional contracted to provide such services pursuant to N.J.A.C. 5:23-2.35 subject to the limitations and accounting procedures established in N.J.A.C. 5:23-4.17(d). Such charges or fees shall be only those that are reasonable and necessary in order to ascertain whether a violation exists or to verify that any work performed has abated the violation.
(1) 
The municipality shall place in escrow all monies paid by the developer for this purpose. The escrow shall be held in any account maintained by the municipality in the same manner as that established for the deposit of escrow funds paid for professional review services, inspection fees and performance and maintenance guarantees as provided for at N.J.S.A. 40:55D-53.1.
(2) 
The developer shall post an initial deposit in the amount of $200 per home or an amount determined by the municipality to be necessary to cover the estimated cost of two months' inspection activity, whichever is greater. At monthly intervals, the developer shall increase the amount in the escrow fund so that it shall be sufficient to pay the cost of the next two months' inspection activity or the cost of completing the inspections, whichever is less.
(3) 
Standards for hourly charges for development-wide inspection of homes after issuance of a certificate of occupancy shall be as follows:
(a) 
Hourly charges shall be limited only to municipal or consulting professional charges for inspections, review of plans and supporting documents and preparation of reports and documents and shall accurately reflect the hours engaged in these activities.
(b) 
The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any consulting professional engineer or registered architect hired for this purpose, including normal and typical expenses incurred in performing inspections and reviewing plans and supporting documents for the required corrective work.
(c) 
The developer shall not be billed and no charge shall be made to any escrow account or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this subsection, nor shall a municipal enforcing agency professional add any such charges to his expenses.
(d) 
Where licensed municipal code officials perform these inspections, the fee shall be 200% of the hourly base salary of the inspector(s) multiplied by the number of hours spent on inspections and review of plans and supporting documents for any necessary corrective work.
(e) 
Payments shall be charged to the escrow and shall be made by the Chief Financial Officer of the municipality, and a final accounting shall be provided, in accordance with the procedure set forth in Subsections c and d of N.J.S.A. 40:55D-53.2. Payments shall be made from any such escrow by the Chief Financial Officer only upon approval by the Construction Official.
(f) 
Appeals of any charges levied by the municipality pursuant to this subsection shall be made to the construction board of appeals, in accordance with the procedures set forth in N.J.S.A. 40:55D-53.2a and N.J.A.C. 5:23A.
K. 
Surcharge fee. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations thereunder, the Construction Official shall collect, in addition to fees specified in this schedule of fees, a surcharge fee in accordance with the provisions of N.J.A.C. 5:23-4.19 as may be amended. Said surcharge shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March, 31, and June 30 and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the code regulations first become effective, said fees shall be collected and remitted for the third and fourth quarters only.
(1) 
The enforcing agency shall report annually to the Bureau of Housing Inspection, at the end of the state's fiscal year, and not later than July 31, the total amount of the surcharge fees collected in the fiscal year. In the fiscal year in which the code regulations first became effective, said report shall be for the third and fourth quarters only.
L. 
Asbestos fees. Asbestos fees pertain only to educational facilities and public buildings as defined in N.J.A.C. 5:23-8.2. The fee for a permit for an asbestos hazard abatement project shall include:
(1) 
An administrative fee of $106 for each construction permit issued for an asbestos hazard abatement project.
(2) 
An administrative fee of $21 for each certificate of occupancy issued following the completion of the asbestos hazard abatement project.
M. 
Application for a variation. The fee for an application for a variation in accordance with N.J.A.C 5:23-2.10 is nonrefundable, paid at the time of the application. The fee shall be:
(1) 
For R-5 use: $75.
(2) 
For all other uses:
(a) 
Class 1 structures: $200.
(b) 
Class 2 structures: $150.
(c) 
Class 3 structures: $100.
(3) 
The fee to resubmit an application for a variation shall be $100 for all uses.
N. 
Building subcode fees.
(1) 
Minimum fee required. The minimum building subcode fee is $150.
(2) 
New construction. 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 fee shall be rounded to the nearest dollar.
(a) 
The fee for use groups B, H, I-1, I-2, I-3, M, E, R-1, R-2, R-3, R-4, R-5 and U shall be $0.050 per cubic foot.
(b) 
The fee for use groups A-1, A-2, A-3, A-4, A-5, F-1, F-2, S-1 and S-2 shall be $0.045 per cubic foot.
(c) 
The fee for a commercial farm building shall be $0.20 per cubic foot.
(3) 
Renovations, alterations and repairs. For reconstruction, renovations, alterations and repairs of existing buildings or equipment, appliances or portions thereof, the fee shall be based on the cost of construction, except for installation or replacement of mechanical equipment in use R3, R4 or R5 groups which will be based on the mechanical subcode fees in section § 145-3.1S below. The cost of the construction shall be determined based on cost data submitted by the applicant in accordance with § 145-3.1B. The fee shall be cumulative based on the following:
(a) 
For estimated cost of $1 to $50,000: $50 per $1,000 of cost.
(b) 
Plus for estimated cost of $50,001 to $100,000: and $40 per $1,000 of cost.
(c) 
For estimated cost of over $100,000: add $35 per $1,000 of cost.
(4) 
New structures or additions that include portions without a calculable volume, including but not limited to uncovered decks, or porches will be charged a fee based on cost of construction at the same rate as a renovation.
(5) 
Industrial/modular construction or an existing structure is relocated. When a premanufactured structure is set or an existing structure is relocated on a different lot or in a new location on the same lot, there shall be a flat fee for the setting of the structure on the foundation system of $250. In addition, any site installed systems or equipment, including but not limited to foundations, decks, porches or A/C platforms, shall be charged as an alteration.
(6) 
Pools. The fee for the installation of a swimming pool, spa, or hot tub shall be a flat fee. The fee shall be:
(a) 
For use R-5:
[1] 
Aboveground pools: $150.
[2] 
In-ground pools: $250.
(b) 
For all other uses: The fee for all pools shall be $300.
(7) 
Roofing. The fee for reroofing of an existing structure shall be:
(a) 
For R-3, R-4 or R-5 uses: $250.
(b) 
For all other uses, the fee will be charged based on cost estimates as an alteration.
(8) 
Siding. The fee for re-siding of an existing structure shall be:
(a) 
For R-3, R-4 or R-5 uses: $250.
(b) 
For all other uses, the fee will be charged based on cost estimates as an alteration.
(9) 
Tents. For tents that do not meet the requirements of N.J.A.C. 5:23-2.14(b)4(ii)(1) to (5), the fee shall be $100.
(10) 
Retaining walls. The fee for a retaining wall or a series of retaining walls four feet or greater in height or a retaining wall less than four feet in height that negatively impacts a foundation shall be:
(a) 
For R-3, R-4, or R-5 Use Group with a surface area of 550 square feet or less, the fee will be a flat fee of $150.
(b) 
For R-3, R-4, or R-5 Use Group with a surface area of greater than 550 square feet shall have a flat fee of $200.
(c) 
All other uses: The fee shall be based on the cost of construction as an alteration.
O. 
Plumbing subcode fees.
(1) 
Minimum fee. The minimum plumbing subcode fee shall be $150.
(2) 
Fixtures and stacks. The fee for fixtures, appurtenances, stacks, air admittance valves, backflow prevention devices not equipped with test ports, or appliances connected to the plumbing system, except as otherwise listed, shall be:
(a) 
For use R-3, R-4, or R-5: $18 dollars per item.
(b) 
For all other uses, the fee shall be $21 per item.
(3) 
Piping replacement. For piping repairs or replacement of piping (more extensive than between two adjacent joints or other ordinary maintenance) not resulting in additional fixtures, appliances, equipment or special devices, the fee shall be $75.
(4) 
Special devices. For a special device, including but not limited to grease traps, oil separators, refrigeration units, backflow prevention devices equipped with test ports (double check-valve assemblies, reduced-pressure zone and pressure vacuum breaker backflow preventers), coils and associated drains for air-conditioning systems, steam boilers and hot water boilers, the fee shall be $100. For rehabilitation of existing structures of use R-3, R-4, or R-5, no additional plumbing subcode fee shall be charged for items included in the mechanical subcode fees listed in § 145-3.1S below.
(5) 
Hot-water heaters. The fee for the installation of a hot-water heater shall be:
(a) 
For new construction in Use Groups R-3, R-4 and R-5, the fee is $125 each. Installation or replacement in existing structures shall be charged as indicated in the mechanical subcode fees, § 145-3.1S below.
(b) 
For all other uses: $150.
(6) 
Public utilities connections. Utilities connections, including public water connection and public sewer connection, the fee for each connection shall be:
(a) 
For Use Group R-3, R-4 and R-5: $150 each.
(b) 
For all other uses, the fee shall be $200 for each.
(7) 
Private water and septic connections.
(a) 
Private septic tanks. Structures with a connection to a septic tank system shall be charged a flat fee of $100 for each connection.
(b) 
Private wells. For connections to a private well or an inspection of a pump on a private well, the fee shall be $100.
(8) 
Gas piping. New gas piping systems or alterations of an existing system shall be charged based on the number of outlets on the system, even if those outlets are for future appliances. The fee shall be:
(a) 
Medical gas piping: $25 per outlet.
(b) 
All other gas piping and oil piping: $20 per outlet.
(9) 
Swimming pool, spas or hot tub drains and vacuum release valves. For the main drains and associated vacuum release valves, the fee shall be:
(a) 
R-3, R-4 and R-5 uses:
[1] 
Drain lines: $30 each drain inlet.
[2] 
Vacuum release (when installed): $60 for each device.
(b) 
For all other uses:
[1] 
Drain lines: $75 for each drain inlet.
[2] 
Vacuum release: $150 per device.
(10) 
Auxiliary water meter. The fee for the installation of an additional meter for outdoor usage and not connected to the sanitary sewer:
(a) 
Use Group R-3, R-4 and R-5: $75.
(b) 
All other uses: $100.
(11) 
Ongoing inspections. For the annual inspection or review of a certification of a cross-connection control device performance test, a flat fee shall be $150.
P. 
Electrical subcode fees.
(1) 
For the purposes of computing the electrical subcode fees, all fixtures, receptacles, devices, motors except those in plug-in appliances, generators, transformers, heating equipment, cooking equipment, photovoltaic solar systems, or other devices consuming or generating electrical current shall be counted. The fee is based on the unit rate per fixture or per kilowatt, horsepower or ampere rating of the device or equipment.
(2) 
Minimum fee. The minimum electrical subcode fee shall be $150.
(3) 
Fixtures/receptacles fee. The fees for fixtures, devices or receptacles shall be charged cumulatively based on the blocks of fixtures, devices or receptacles. 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), except those associated with photovoltaic systems. Photovoltaic systems shall be charged as indicated below.
(a) 
For a block of 1 to 50 fixtures, devices or receptacles, the fee shall be $100.
(b) 
For each additional block of up to 25 devices, the fee shall be $40.
(4) 
Motors or electrical devices. Except motors and devices installed for operation of an elevator, each motor or electrical device rated one horsepower or greater or one kilowatt or greater, the fee shall be based on the horsepower or kilowatt rating as follows:
(a) 
One horsepower or kilowatt to 10 horsepower or kilowatts, the fee shall be $25.
(b) 
Greater than 10 horsepower or kilowatts to 50 horsepower or kilowatts, the fee shall be $65.
(c) 
Greater than 50 horsepower or kilowatts to 100 horsepower or kilowatts, the fee shall be $200.
(d) 
Greater than 100 horsepower or kilowatts to 1,000 horsepower or kilowatts, the fee shall be $300.
(e) 
Greater than 1,000 horsepower or kilowatts, the fee shall be $550.
(f) 
For motors and devices installed for a residential elevator, the fee shall be $25.
(g) 
For motors and devices installed for a commercial elevator, the fee shall be $65.
(5) 
Transformers and generators. For transformers and generators, the fee shall be based on the rating in kilowatts as follows:
(a) 
One kilowatt to 10 kilowatts, the fee shall be $25.
(b) 
Greater than 10 kilowatts to 45 kilowatts, the fee shall be $65.
(c) 
Greater than 45 kilowatts to 112.5 kilowatts, the fee shall be $250.
(d) 
Greater than 112.5 kilowatts, the fee shall be $550.
(6) 
Service panels, service entrances, or subpanels. For service panels, service entrances, temporary services or subpanels other than those used for photovoltaic solar systems, or for an electrical inspector to authorize the reset of a meter to an existing panel, the fee shall be based on the ampere ratings listed below. For a temporary services panel, the fee shall include all integral receptacles associated with the temporary service:
(a) 
One to 125 amperes, the fee shall be $75.
(b) 
Greater than 125 to 225 amperes, the fee shall be $180.
(c) 
Greater than 225 amperes to 600 amperes, the fee shall be $275.
(d) 
Greater than 600 amperes to 1,000 amperes, the fee shall be $650.
(e) 
Over 1,000 amperes, the fee shall be $700.
(7) 
Private pools/spas. 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, which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices listed in § 145-3.1P(1) through (6). The flat fee for private pools shall be:
(a) 
Installation of aboveground pool, the fee shall be $75.
(b) 
Installation of an in-ground pool, the fee shall be $150.
(8) 
Photovoltaic (solar) systems. For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system plus fees for associated equipment, including invertors, micro-inverters, disconnects and combiner panels as follows:
(a) 
The fee for the PV system shall be:
[1] 
For one kilowatt to 50 kilowatts, the fee shall be $100.
[2] 
Fifty-one kilowatts to 100 kilowatts the fee shall be $250.
[3] 
Greater than 100 kilowatts, the fee shall be $750.
(b) 
Inverter fees, other than micro-inverters (inverters under one kilowatt), shall be based on the kilowatts as follows:
[1] 
From one kilowatt to 10 kilowatts, the fee shall be $25.
[2] 
From 11 kilowatts to 45 kilowatts, the fee shall be $65.
[3] 
Over 45 kilowatts, the fee shall be $225.
(c) 
Micro-inverters, inverters with a rating of less than one kilowatt, the fee shall be a range based on the number of micro-inverters used.
[1] 
For one to 10 micro-inverters installed, the fee shall be $10.
[2] 
For 11 to 25 micro-inverters, the fee shall be $65.
[3] 
For 26 or more micro-inverters, the fee shall be $100.
(d) 
Disconnects and combiner panels. Disconnect and combiner box panels fees are based on the ampere rating as follows:
[1] 
One ampere to 100 amperes, the fee is $75.
[2] 
One hundred fifty amperes to 200 amperes, the fee shall be $180.
[3] 
Over 200 amperes, the fee is on the fee for a service entrance in Subsection P(6) above.
(e) 
Disconnects and combiner panels. Disconnect and combiner box panel fees are based on the ampere rating, as follows:
[1] 
For one ampere to 100 amperes, the fee is $75.
[2] 
For 150 amperes to 200 amperes, the fee shall be $180.
[3] 
For over 200 amperes, the fee is based on the fee for a service entrance in Subsection P(6) above.
(9) 
Annual pool inspection. The fee for the annual electrical inspection of a swimming pool, spa, or hot tub shall be $65.
Q. 
Fire subcode fees.
(1) 
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 fee shall be as follows:
(2) 
Minimum fee. The minimum fee for the fire subcode shall be:
(a) 
For Use Groups R-3, R-4, and R-5: $85.
(b) 
For all other uses, the fee is $125.
(3) 
Smoke, heat and CO detectors and fire sprinkler heads. The fee for smoke detectors, CO detectors and fire sprinkler heads shall be a charge based on the number of heads installed:
(a) 
For uses R-3, R-4 and R-5, the fee shall be:
[1] 
For one to 12 heads: $85.
[2] 
For greater than 12 heads: $160.
(b) 
For all other uses, the fee shall be:
[1] 
For one to 20 heads: $200.
[2] 
For 21 to 100 heads: $175.
[3] 
For 101 to 200 heads: $290.
[4] 
For 201 to 400 heads: $450.
[5] 
For 401 to 1,000 heads: $580.
[6] 
For over 1,000 heads: $725.
(4) 
Gas- or oil-fired appliances. For gas- or oil-fired appliances, except those connected to the plumbing system, the fee shall be based on a flat fee for each appliance. Gas- or oil-fired appliances include but are not limited to dryers, stoves, ovens, furnaces, grills, fireplaces, decorative appliances, etc.
(a) 
For newly constructed R-3, R-4, and R-5 uses, the fee shall be $85 for each appliance. For installation or replacement in existing R-3, R-4 and R-5 uses, the fee shall be charged as indicated in the mechanical subcode fees, § 145-3.1S below.
(b) 
For all other uses, the fee shall be $125 for each appliance.
(5) 
Solid-fuel-burning fireplaces. For solid-fuel-burning appliances, including but not limited to wood-burning fireplaces or stoves, pellet stoves, peat stoves, or manufactured fuel stoves, the fee shall be $85.
(6) 
Tank installations. For the installation of a fuel storage tank, the fee shall be:
(a) 
For an R-3, R-4 or R-5 use: $100.
(b) 
For all other uses, the fee shall be based on the tank size:
[1] 
One gallon to 2,000 gallons: $175.
[2] 
From 2,001 gallons to 10,000 gallons: $255.
[3] 
From 10,000 gallons, the fee shall be $355.
(7) 
Chimney inspection. When a chimney verification form is not submitted for the replacement of fuel-fired equipment, the owner of the property shall be required to apply for a fire inspection of the existing chimney. The fee shall be $100.
(8) 
Suppression systems other than sprinklers. For a fire suppression system other than sprinklers, the fees shall be:
(a) 
For pre-engineered systems, including carbon dioxide, foam suppression, wet chemical, dry chemical, halon, etc: $170.
(b) 
For total flooding systems: $145.
(c) 
Kitchen exhaust system, including hood: $140 per hood.
(9) 
Standpipe system. A standpipe system shall be charged $235 per unit.
(10) 
Fire pump. Each fire pump will be charged $235 per pump.
(11) 
Incinerator/crematorium: For each incinerator or crematorium, the fee shall be $350.
(12) 
Replacement of transmission line. The fee for replacement of an existing transmission means from a digital alarm communicator transmitter to a fire alarm supervising station as per N.J.A.C. 5:23-2.17A(c)5v shall be $85.
(13) 
Underground fire suppression main and fire water tanks. When an underground water main is dedicated as fire suppression main only without domestic water attachments or a water tank is required for a system, the fire subcode fee shall be $250.
R. 
Elevator.
(1) 
Elevator fees. The fees for the elevator subcode, including plan review fees as well as fees for witnessing acceptance tests and performing inspections on new and altered elevator devices, shall be as follows:
(a) 
For plan review in structures of group R-3, R-4, or R-5 and for elevator devices wholly within dwelling units in structures of group R-2, the fee shall be $63 per device.
(b) 
For plan review in structures of all other groups, the fee shall be $328 per device.
(c) 
For elevator device inspection and tests in other then Group R-3, R-4 or R-5 and for elevator devices not wholly within dwelling units in structures of Group R-2, the fee shall be as follows:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors, the fee shall be $306.
[b] 
Over 10 floors, the fee shall be $510.
[2] 
Hydraulic elevators, the fee shall be $272.
[3] 
Roped hydraulic elevators, the fee shall be $306.
[4] 
Escalators and moving walks, the fee shall be $272.
[5] 
Dumbwaiters: fee shall be $68.
[6] 
Stairway chairlifts, inclined and vertical wheelchair lifts and man lifts, the fee shall be $68.
(d) 
Additional charges for devices equipped with the following features shall be as follows:
[1] 
Oil buffers (charge per oil buffer): $54.
[2] 
Counterweight governor and safeties: $136.
[3] 
Auxiliary power generator: $102.
(e) 
For elevator devices in structures of group R-3, R-4 or R-5 or otherwise exempt devices in structures of group R-2, the fee shall be $204. This fee shall be waived when signed statements and supportive inspection and acceptance test reports are filed by an approved qualified agent or agency in accordance with N.J.A.C. 5:23-2.19 and 5:23-2.20.
(f) 
The fee for performing inspections of minor work shall be $68.
(2) 
The fees for routine and periodic test and inspections for elevator devices in structures not of group R-3, R-4 or R-5 or otherwise exempt devices in structures of Group R-2 shall be:
(a) 
For the six-month routine inspection of elevator devices:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors, the fee shall be $190.
[b] 
Over 10 floors, the fee shall be $244.
[2] 
Hydraulic elevators, the fee shall be $136.
[3] 
Roped hydraulic elevators, the fee shall be $190.
[4] 
Escalators and moving walks, the fee shall be $190.
(b) 
The fee for the one-year periodic inspection and witnessing of test of elevator device, which shall include a six-month routine inspection fee, shall be as follows:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors, the fee shall be $272.
[b] 
Over 10 floors, the fee shall be $326.
[2] 
Hydraulic elevators, the fee shall be $204.
[3] 
Roped hydraulic elevators, the fee shall be $272.
[4] 
Escalators and moving walks, the fee shall be $436.
[5] 
Dumbwaiters, the fee shall be $108.
[6] 
Man lifts, stairway chairlifts, inclined and vertical wheelchair lifts, the fee shall be $164.
(c) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
[1] 
Oil buffers (charge per oil buffer): fee shall be $54.
[2] 
Counterweight governor and safeties: $108.
[3] 
Auxiliary power generator: $68.
(d) 
The fee for the three-year or five-year inspections of elevator devices shall be as follows:
[1] 
Traction and winding drum elevators:
[a] 
One to 10 floors (five-year inspection): $462.
[b] 
Over 10 floors (five-year inspection): $582.
[2] 
Hydraulic and roped hydraulic elevators:
[a] 
Three-year inspection: $340.
[b] 
Five-year inspection: $204.
S. 
Mechanical subcode fees. The Mechanical Inspector or, in the absence of a Mechanical Inspector, the Plumbing Subcode Official shall have the responsibility for the enforcement of provisions of the code, except electrical, for the installation and replacement of heating or cooling equipment or water heaters or other mechanical equipment such as refrigeration, air-conditioning or ventilating apparatus, gas piping or heating systems, or standby power generators, in existing buildings of use R-3, R-4, or R-5.
(1) 
The fee for a mechanical inspection shall be $125 for the first device and $75 for each additional device. No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.
T. 
Report. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township of Brick, 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.

§ 145-3.2 Penalties.

The Construction Official and/or appropriate subcode official shall assess penalties, pursuant to N.J.A.C. 5:23-2.31, where appropriate. The Construction Official or the appropriate Township designate may bring this action in the Brick Township Municipal Court or the Superior Court of New Jersey as a summary proceeding under the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq., and any penalty monies collected shall be paid to the Chief Financial Officer of the Township.

§ 145-4 Disposal of construction debris.

A. 
Prior to any permit being issued for construction of any kind, the person or entity applying for the permit shall, as a prerequisite to the issuance of that permit, provide the Construction Official with written documentation setting forth the person's or entity's proposal to dispose of all construction debris resulting from the construction for which the permit is being issued.
B. 
Prior to the issuance of a certificate of occupancy, the person or entity performing the construction shall provide the Construction Official with written documentation setting forth that the person or entity has complied with the proposal to dispose of all of the construction debris.

§ 145-5 Waiver of fees for construction to promote accessibility by disabled persons.

A. 
No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, alteration and improvement designed and undertaken solely to promote accessibility to disabled persons to an existing public structure, a private place of assembly devoted to the gathering of persons for a common religious, civic or social purpose, or a private residential structure.
[Amended 9-21-2015 by Ord. No. 22-15]
B. 
For purposes of this section, "disabled person" means a person who has a total and permanent inability to engage in any substantial gainful activity by reason of any medical or mental impairment, and who meets the definition of "disabled person" as set forth in N.J.S.A. 52:27D-126e.

§ 145-6 Waiver of fees for construction to promote renovation of existing vacant commercial structures.

[Added 9-21-2015 by Ord. No. 23-15]
A. 
No person shall be charged a Township construction fee or enforcing agency fee for any construction, alteration and improvement designed and undertaken solely to renovate a previously occupied and currently vacant commercial structure or currently vacant unit within an existing commercial structure for the purpose of obtaining a certificate of occupancy. The waiver of fees shall not include Uniform Construction Code Surcharge Fees as applicable.
B. 
For purposes of this section, the structure or the unit within a structure which is being renovated shall be required to be vacant for 12 months prior to the permit application in order to be eligible for the waiver of fees. The applicant shall be required to establish that the structure, or the unit within the structure has been vacant. A waiver shall be limited to a renovation or alteration of unit of less than 5,000 square feet. For purposes of calculating square footage, a vacant unit of 5,000 square feet or less shall qualify for the waiver of fees if the unit existing prior to and after renovations is equal to or less than 5,000 square feet, regardless of the total size of the structure. Units which exceed 5,000 square feet prior to or after renovation shall not qualify for the waiver of fees.
C. 
For purposes of this section, no waiver of fee shall be provided to any commercial structure or unit within a structure if the commercial property has outstanding property taxes or outstanding property maintenance violations.
D. 
This section shall expire on December 31, 2016, unless extended by the Township Council of the Township of Brick.