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City of Paterson, NJ
Passaic County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 8, Art. 1, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
GENERAL REFERENCES
Builders and contractors — See Ch. 153.
Dangerous and unfit buildings — See Ch. 157.
Demolition of buildings — See Ch. 161.
Moving of buildings — See Ch. 165.
Certificates of re-rental and compliance — See Ch. 175.
Illegal conversions — See Ch. 187.
Fire safety — See Ch. 215.
Housing-property maintenance — See Ch. 271.
Housing standards — See Ch. 275.
Lead-based paint — See Ch. 351.
The State Uniform Construction Code Enforcing Agency, also known as the "Paterson Construction Code Enforcing Agency," as heretofore established, is hereby continued. The agency shall be a subdivision in the Community Improvements Division of the Department of Community Development.
A. 
The enforcing agency shall consist of a Construction Official, building subcode official, plumbing subcode official, electrical subcode official, fire protection subcode official and 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.[1]
[1]
Editor's Note: Original Sec. 8-2(b), regarding the fire protection subcode official, was deleted 12-19-1995 by Ord. No. 95-068.
B. 
Each official position created in this section 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.
[Amended 12-19-1995 by Ord. No. 95-068]
The public shall have the right to do business with the enforcing agency at one office location which, except for emergencies, unforeseen or unavoidable circumstances, shall be located at 111 Broadway, Paterson, New Jersey.
[Amended 10-22-1985 by Ord. No. 85-093; 2-25-2003 by Ord. No. 03-009; 5-23-2017 by Ord. No. 17-053]
A. 
A fee for a construction permit shall be the sum of the subcode fees listed in §§ 183-5 through 183-7 in addition to a $20 safe disposal fee for debris, which shall be paid before the permit is issued.
B. 
Before a construction permit shall be issued, the applicant shall file with the Construction Official a certification from the Tax Collector that all municipal taxes and/or assessments have been paid and are current with respect to the property for which the application for a construction permit is made.
C. 
The applicant shall file documentation with the Construction Official verifying that all debris has been disposed of at a licensed facility prior to the issuance of a certificate of occupancy.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003]
The building subcode fee shall be:
A. 
For new construction: $0.034 per cubic foot of building or structure volume, provided that the minimum fee shall be $50.
B. 
For renovation, alterations and repairs, estimated cost of the work: $1,000 to $50,000: $30 per $1,000; $50,001 to $100,000: $23 per $1,000; and exceeding $100,000: $19 per $1,000, provided that the minimum fee shall be $90.
C. 
For additions: $0.034 per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be $50.
D. 
Plan review fee shall be 20% of the original permit fee.
E. 
For underground storage tank removal abandonment in place:
Size of Tank
(gallons)
Fee
Each tank up to 550
$50
551 to 1,999
$75
2,000 to 3,999
$100
4,000 to 10,000
$125
10,001 to 20,000
$175
20,001 and up
$225
F. 
Fees for retaining walls shall be as follows:
(1) 
A retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall have a flat fee of $189.
(2) 
A retaining wall with a surface area of 549 square feet or less that is associated with a Class 3 residential structure shall have a flat fee of $95.
(3) 
A newly constructed retaining wall of any size other than Class 3 residential structures shall be based on the cost of construction as follows:
(a) 
Fifteen dollars per $1,000.
(b) 
Minimum fee of $50.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003]
The plumbing subcode fee shall be based on the following fee schedule:
All Fixtures/Equipment
Type of Fixture/Equipment
Fee
Water closet
$20
Urinal/bidet
$20
Bathtub
$20
Laboratory
$20
Shower
$20
Floor drain
$20
Sink
$20
Dishwasher
$20
Drinking fountain
$20
Washing machine/clothes dryer
$20
Gas piping
$75
Fuel oil piping
$75
Water heater
$40
Steam boiler
$50
Hot-water boiler
$50
Sewer pump
$25
Interceptor/separator
$75
Backflow preventer, residential
$15
Stacks
$15
Hose bib
$15
Seepage pit
$75
HVAC unit
$50
Condensate drain
$25
Backflow preventer, commercial
2 inches or less $25; over 2 inches $60
Grease trap
$75
Water-cooled air conditioning or refrigeration
$75
Sewer/water connection
$75
Gas service connection
$82
Active solar
$75
Other (storm drains)
$25
[Amended 12-18-1979 by Ord. No. 79-112; 10-22-1985 by Ord. No. 85-093; 9-9-1986 by Ord. No. 86-035; 5-26-1992 by Ord. No. 92-025; 12-19-1995 by Ord. No. 95-068; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003; 8-21-2012 by Ord. No. 12-033]
The electrical subcode fee shall be based upon the following fee schedule:
A. 
Class 1.
(1) 
Wiring. Wiring for lighting outlets, fluorescent fixtures, pool bonding, intercom devices, thermostats, telephone outlets, CRT outlets and light standards, ARC lamps, mercury vapor lamps, mogul sockets and low sodium lamps, lighting fixtures, receptacles, switches, detectors light poles, motors-fract. HP, emergency and exit lights, communications points, alarm devices/F.A.C. panel shall be calculated as follows:
Number of Fixtures
Fee
1 to 25
$46 each unit
Increments of 25 additional items
$8
Fire alarm or burglar alarm 1 to 25
$46
Increments of 25 additional items
$8
B. 
Class 2.
(1) 
Motors (including control equipment).
(a) 
For any of these items:
Number of Units
Fee
1 to 10 horsepower
$46 1st unit, $10 each additional unit
11 to 50 horsepower
$70 each unit
51 to 100 horsepower
$184 each unit
Over 100 horsepower
$612 each unit
(b) 
There will be no extra fee charged for a motor equipped with a capacitor during the original installation.
(2) 
Electric furnaces, electric ranges, heaters, hot-water heaters and similar devices and/or welders. The fee for electric furnaces, electric ranges, heaters, hot-water heaters and similar devices and/or welders shall be based upon the following fee schedule:
Number of Units
Fee
1 to 10 horsepower
$46 1st unit, $10 each additional unit
11 to 50 horsepower
$60 each unit
51 to 100 horsepower
$92 each unit
Commercial kitchen hood system
$150
(3) 
Reserved.
(4) 
Oil burner units and gas boilers. The fee for oil burner units and gas burners shall be based upon the fee schedule for motors.
(5) 
Generators, transformers and capacitors.
Number of Units
Fee
1 to 10 KVA
$46
11 to 45 KVA
$70
46 to 112.5 KVA
$184
Greater than 112.5 KVA
$612
C. 
Class 4.
(1) 
Service and meter equipment.
(a) 
The fee for the relocation, replacement or new and temporary services, service conductors, feeders, metering devices, switches, switchboards and panel boards or for adding the same to the original or existing installation shall be based upon the total rated carrying capacity of switches, fuse holders or circuit breakers controlling this type of equipment.
Number of Units
Fee
1 to 225 amperes
$70
250 to 350 amperes
$184
400 to 800 amperes
$300
1,000 amperes and over
$612
Each additional meter, panel and sub-panel
$46 each
Reintroduction/reconnect service same as above based on amperes
(2) 
Pneumatic electric or electric pneumatic circuits. For this item:
(a) 
One circuit: $46.
(b) 
Each additional unit: $15.
D. 
Class 5.
(1) 
Electric signs and electric discharge systems.
(a) 
Section 1.
Number of Units
Fee
1 to 100 volt-amperes
$46
For each additional 100 volt-amperes
$10
(b) 
Section 2.
Number of Units
Fee
Lamps (any amount)
$46
Each sign
$5
Light poles
$25
Street light poles under 8 feet
$20
Street light poles over 8 feet
$46
(2) 
The fee for decorative lighting shall be based upon the fee schedule for electric signs and electric discharge systems.
E. 
Class 7, transformer vaults, outdoor transformer enclosed, outdoor substations, switch and meter vaults, over 600 volts shall be based on the following fee schedule:
Number of Units
Fee
1 to 200 amperes
$70
250 to 350 amperes
$184
400 to 800 amperes
$300
1,000 amperes and over
$612
Each additional meter, panel and subpanel
$46 each
Reintroduction/reconnect service same as above based on Amperes
F. 
Class 8, temporary installations. Temporary installations shall be based on Class 4 service and meter fee schedule.
G. 
Class 11, dentists' chairs and x-ray machines.
(1) 
For any of these items:
(a) 
Each unit, including feeders: $46.
(b) 
Examination table or rooms: $46.
H. 
Class 13, swimming pools, spas or hot tubs.
(1) 
Residential in-ground.
(a) 
Under 550 square feet: $150.
(b) 
Five hundred fifty-one square feet or greater: $250.
(2) 
Commercial in-ground: $500.
(3) 
Bonding and aboveground: $46 minimum fee charge.
(4) 
Yearly inspection, bonding/grounding (CA): $58.
(5) 
Aboveground pool.
(a) 
Under 550 square feet: $75.
(b) 
Five hundred fifty-one square feet or greater: $150.
I. 
Photovoltaic system (P.V. system).
Number of Units
Fee
1 to 50 kw
$70
51 to 100 kw
$150
Greater than 100 kw
$612
J. 
Elevators.
Type of Installation
Fee
New installation
1 to 10 floors
$350
Over 10 floors
$612
Replacement, same as above
Repairs
$100
K. 
Class 15, permits.
(1) 
For this item:
(a) 
Yearly permit: $175.
(b) 
Working without a permit: $1,500 a day plus fees for permits.
L. 
Class 16. Electrical license test is given by the State of New Jersey Electrical Examiners, Department of Community Affairs.
[Amended 10-22-1985 by Ord. No. 85-093; 5-25-1999 by Ord. No. 99-028; 12-21-2004 by Ord. No. 04-086; 8-21-2012 by Ord. No. 12-033]
The fee for plan review shall be 20% of the fee charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 2-25-2003 by Ord. No. 03-009; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003; 8-21-2012 by Ord. No. 12-033]
A. 
The fee for a permit for demolition of a building or structure shall be based on the following fee schedule:
Type of Building
Fee
Garages (up to 3 cars) or sheds
$50
One- and two-family dwellings
$100
Three-family dwellings
$100
All commercial buildings under 5,000 square feet
$200
All commercial buildings 5,000 square feet or greater and residential properties over three-family
$500
B. 
Before a demolition permit shall be issued, the applicant shall file with the Construction Official a certification from the Tax Collector that all municipal taxes and/or assessments have been paid and are current with respect to the property for which the application for a demolition permit is made.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 12-21-2004 by Ord. No. 04-086; 8-21-2012 by Ord. No. 12-033]
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 computed the same as new construction, namely, $0.03 per cubic foot, provided that the minimum fee shall be $50.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003; 8-21-2012 by Ord. No. 12-033]
A. 
The fee for a permit to construct a sign shall be based on the following fee schedule:
Type of Sign
Fee
Flat signs and projecting signs
$2.50 per first 100 square feet; $1.90 per square foot from 101 to 400 square feet; $1.25 per square foot over 400 square feet
Minimum fee
$58
Roof, pole and billboards signs
$5 per first 100 square feet; $3.75 per square foot from 101 to 400 square feet; $2.50 per square foot over 400 square feet
Minimum fee
$75
B. 
In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for the purposes of fee computation.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003; 8-21-2012 by Ord. No. 12-033]
The fees for certificates of occupancy required for compliance with N.J.A.C. 5:23-2.23 shall be as follows:
A. 
The fee for a certificate of occupancy for a new building and continuing certificate of occupancy on an existing building shall be $151 if the building is solely for residential purposes with no more than two residential units.
B. 
The fee for a certificate of occupancy for a new building and continuing certificate of occupancy on an existing building shall be $30 per unit if the building is solely for residential purposes over two units with a minimum fee of $151.
C. 
The fee for a certificate of occupancy for a new building and continuing certificate of occupancy on an existing building shall be $0.03 per square foot with a minimum charge of $151 if the building is solely for commercial purposes.
D. 
The fee for a certificate of occupancy for a change of use shall be $0.03 per square foot or a minimum fee of $151.
E. 
The fee for a temporary certificate of occupancy shall be $35.
F. 
(Reserved)[1]
[1]
Editor's Note: Original Sec. 8-13, Elevator fees, which immediately followed this section, as amended 10-22-1985 by Ord. No. 85-093 and 5-26-1992 by Ord. No. 92-025, was deleted 12-19-1995 by Ord. No. 95-068.
[Added 10-22-1985 by Ord. No. 85-093; amended 5-26-1992 by Ord. No. 92-025; 12-19-1995 by Ord. No. 95-068; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003; 8-21-2012 by Ord. No. 12-033]
A. 
Pursuant to the Uniform Construction Code, Fire Subcode section, a permit shall be obtained from the fire subcode official of the Fire Division of the City of Paterson or his designee for all automatic sprinkler systems, special suppression systems, standpipes and any and all other related fire protection equipment, prior to the installation or use of any such system or equipment.
B. 
The fee for permits shall be based on the following fee schedule for suppression systems and other related fire protection equipment:
(1) 
Wet or dry sprinkler heads.
(a) 
One to 50 heads: $150.
(b) 
Fifty-one to 200 heads: $200.
(c) 
Two hundred one to 400 heads: $600.
(d) 
Four hundred one to 800 heads: $900.
(e) 
Eight hundred one to 1,000 heads: $1,200.
(f) 
Each additional 25 heads over 1,000 heads: $50.
(2) 
Alarm systems.
(a) 
Smoke and heat detector systems.
[1] 
One to 12 detectors: $45.
[2] 
Thirteen to 35 detectors: $55.
[3] 
Thirty-six to 100 detectors: $100.
[4] 
One hundred one to 200 detectors: $150.
[5] 
Each additional 12 detectors over 200 detectors: $8.
(b) 
Pull stations, water/flow supervisory devices, emergency/exit signal devices.
[1] 
One to 12 devices: $45.
[2] 
For each additional 12 devices: $15.
(3) 
Suppression systems.
(a) 
Fire pump/GPM type, dry pipe/alarm valves, pre-action valves: $175.
(b) 
Standpipes: $250.
(4) 
Pre-engineering systems.
(a) 
Wet chemical: $110.
(b) 
Dry chemical: $110.
(c) 
CO2 suppression: $110.
(d) 
Foam suppression: $110.
(e) 
FM200 suppression: $110.
(5) 
Miscellaneous.
(a) 
Kitchen hood exhaust system: $100.
(b) 
Smoke control system: $100.
(c) 
Oil/gas fire appliance: $50.
(d) 
Fireplace venting/metal chimney: $100.
(e) 
HVAC unit (commercial): $100.
(f) 
Space heaters (commercial): $50.
(g) 
Oil/gas fire appliance (replacement): $50.
(h) 
Incinerators: $400.
(i) 
Crematoriums: $400.
(j) 
Replacement tanks (same use): $25.
(6) 
For above- and underground storage tank installation.
(a) 
Flammable and combustible liquid tank installations; gasoline for own use.
[1] 
Up to 1,000 gallons: $100 per tank.
[2] 
One thousand one to 5,000 gallons: $150 per tank.
[3] 
Five thousand one gallons and upward: $200 per tank.
(b) 
Liquids, except gasoline under 100° F.
[1] 
Fifty to 1,000 gallons: $50.
[2] 
One thousand one gallons and upward: $100.
(c) 
Diesel oil for own use/commercial.
[1] 
Fifty to 1,000 gallons: $50.
[2] 
One thousand one gallons and upward: $150.
(d) 
Fuel oil for own use.
[1] 
Sixty to 500 gallons: $25.
[2] 
Five hundred fifty-one to 1,000 gallons: $50.
[3] 
One thousand one to 3,000 gallons: $75.
[4] 
Three thousand one to 4,000 gallons: $100.
[5] 
Four thousand one and upward: $150.
(e) 
Gasoline and kerosene for sale and storage.
[1] 
Fifty to 1,000 gallons: $80.
[2] 
Over 1,000 gallons: $150.
(f) 
Liquids, except fuel oil, between 100° F and F. flash point.
[1] 
Fifty to 1,000 gallons: $50 per tank.
[2] 
Over 1,000 gallons: $150 per tank.
(g) 
Diesel oil for sale and storage.
[1] 
Fifty to 1,000 gallons: $50 per tank.
[2] 
Over 1,000 gallons: $150 per tank.
(h) 
Fuel oil for sale and storage.
[1] 
Fifty to 1,000 gallons: $50.
[2] 
Over 1,000 gallons: $150.
[Added 5-26-1992 by Ord. No. 92-025; amended 3-26-1996 by Ord. No. 96-024; 5-25-1999 by Ord. No. 99-028; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003]
Fees for asbestos removal and lead-based paint removal shall be as follows:
A. 
Permit fee: $176.
B. 
Certificate of compliance: $35.
[Added 12-21-2004 by Ord. No. 04-086[1]]
In addition to any permit fee charged herein, the fee for any inspections on a Saturday, Sunday or holiday shall be $175.[2]
[1]
Editor's Note: Former § 183-15, Fee for inspections on Saturdays, Sundays and holidays, added 12-18-1979 by Ord. No. 79-112, as amended 9-9-1986 by Ord. No. 86-035, was repealed 5-25-1999 by Ord. No. 99-028.
[2]
Editor's Note: Original Section 3, Minimum fee, added 12-18-1979 by Ord. No. 79-112 and amended 9-9-1986 by Ord. No. 86-035, which immediately followed this section, was repealed 5-26-1992 by Ord. No. 92-025. Original Section 4, regarding reinspection fees, added 12-18-1979 by Ord. No. 79-112 and amended 9-9-1986 by Ord. No. 86-035 and 5-26-1992 by Ord. No. 92-025, which followed this section, was deleted 12-19-1995 by Ord. No. 95-068.
[Amended 10-22-1985 by Ord. No. 85-093; 5-26-1992 by Ord. No. 92-025 12-19-1995 by Ord. No. 95-068; 12-21-2004 by Ord. No. 04-086; 1-25-2011 by Ord. No. 11-003]
A. 
In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act[1] and the regulations, the enforcing agency shall collect, in addition to the fee specified above, a surcharge fee of $0.00334 per cubic foot of volume of new construction and $1.70 per $1,000 for alterations. Said surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter 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 regulations first become effective, said fee shall be collected and remitted for the first and fourth quarters only.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B. 
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, said report shall be for the third and fourth quarters only.
A. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the City Council, 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.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B. 
The report shall be structured in accordance with such guidelines as shall be issued from time to time by the Commissioner of the Department of Community Affairs so as to accurately portray true enforcing agency expenses in general and for structures of different use groups.
A. 
There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency.
B. 
The Board shall consist of five members. At least one Board member shall be a registered architect or a licensed professional engineer of building construction experience, and at least one Board member shall be as qualified as a plumbing subcode official and one as qualified as an electrical subcode official. No more than two Board members shall be selected from the same business or profession.
C. 
Each Board member shall have had at least three years' experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education; or, as a further alternative, 10 years' experience in construction, design, or supervision as a journeyman in the construction trade or as a construction contractor, subcontractor or inspector.
A. 
The Mayor shall appoint the Board members by and with the consent of the Council. For the members first appointed, the Mayor shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. Vacancies shall be filled for the unexpired term.
B. 
The Mayor shall appoint such number of alternates as may be appropriate, by and with the consent of the Council, for terms not to exceed four years or may, in the alternative, appoint alternates on a case-by-case basis.
C. 
No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.
D. 
Members of the Board shall serve without compensation.