City of Trenton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967 as Ch. X of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 46.
Fire prevention — See Ch. 97.
Zoning and land development — See Ch. 315.

§ 42-1 Uniform Construction Code Enforcing Agency.

A. 
Establishment; composition. There is hereby established a State Uniform Construction Code Enforcing Agency to be known as the Division of Technical Services, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, Elevator 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. 
Qualifications of members. Each official position created in Subsection A shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23, inclusive. Additionally, all provisions of N.J.A.C. 5:23, inclusive, shall be in effect.
C. 
One location. 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.
D. 
Conflict of interest of enforcement officials. No personnel with the Division of Technical Services to whom complete or partial enforcement responsibilities have been delegated shall engage directly or indirectly in the furnishing of any labor, materials or supplies, or the preparation of plans or specification, or in any other way be interested in any enterprise dealing with the construction of buildings or other operations within his/her official jurisdiction, provided that this restriction shall not prohibit any such person from owning property or engaging in any activities aforesaid which are of a noncommercial nature and are for the benefit of himself/herself personally or his/her immediate family, in which case it shall be the obligation of such person to disqualify himself/herself from exercising any or all of his/her enforcement authority or power with regard to any such permissible activity. This provision shall not be construed to prohibit such enforcement officials from engaging in activities of any nature beyond the jurisdiction of the City of Trenton, Division of Technical Services, if such activities are otherwise permissible under appropriate state law and local ordinance.
E. 
Violations and penalties. Any violations of the sections contained in this chapter shall be punishable in the same manner and subject to the same penalties as are presently provided; as detailed in those subchapters of the Uniform Construction Code, State of New Jersey that apply; or those actions or penalties as stipulated Chapter 1, Article III, General Penalty of Code of the City of Trenton.

§ 42-2 Appeal from determination of inspectors.

A. 
Any person aggrieved by an adverse decision with regard to the application or interpretation of the State Uniform Construction Code or this chapter, or any other provisions of state or local law which directly affects the performance or progress of any work or project within the jurisdiction of the Construction Official, the aggrieved party shall be entitled to file a notice of appeal to the Construction Board of Appeals of the City in the manner provided by the Uniform Construction Code, N.J.A.C. 5:23-4.40; N.J.A.C. 5:23-2.35 through 5:23-2.37.
B. 
A hearing fee for appeals made to the Construction Board of Appeals shall be as set forth in § 42-11.

§ 42-3 Administration.

A. 
General. The provisions of this section shall apply to all matters affecting or relating to structures. The construction, alteration, repair, addition or removal of all structures shall comply with this chapter.
B. 
Existing structures. The legal occupancy of any structure existing as of November 3, 1994, or for which it has been heretofore approved shall be permitted to continue without change, except as is specifically covered in this chapter or as deemed necessary by the code official for the general safety and welfare of the occupants and the public.
C. 
Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this chapter.
D. 
Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
E. 
Permit application. An application shall be submitted to the code official for the following activities, and these activities shall not commence without a permit being issued:
(1) 
Construct or alter a structure.
(2) 
Construct an addition.
(3) 
Demolish or move a structure.
(4) 
Make a change of occupancy.
(5) 
Install or alter any equipment which is regulated by this chapter.
(6) 
Move a lot line which affects an existing structure.
F. 
Repairs. Application or notice to the code official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, the removal or change of any required means of egress or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
G. 
Form of application. The application for a permit shall be submitted in such written form as the code official prescribes and shall be accompanied by the required fee.
H. 
Submission of construction documents. The application for a permit shall be accompanied by not less than two sets of construction documents. The code official is permitted to waive the requirements for filing construction documents when the scope of the work is of a minor nature. When the quality of the materials is essential for conformity to this chapter information shall be given to establish such quality, and this code shall not be cited, or the term "legal" or its equivalent used as a substitute for specific information.
I. 
Right of entry.
(1) 
The code official shall have the authority to enter at any reasonable time any structure or premises for which a permit has been issued by has not received a certificate of occupancy.
(2) 
For all other structures or premises, when the code official has reasonable cause to believe that a code violation exists, the code official is authorized to enter the structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the code official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If the requested entry is refused or not obtained, the code official shall pursue recourse as provided by law.
J. 
Preparation of construction documents. The construction documents for new construction, alteration, repair, expansion, addition or modification for buildings or structures shall be prepared by a registered design professional. The appropriate code official is permitted to waive the requirements for filing construction documents when the scope of the work is of a minor nature. All construction documents required for a building permit application shall be prepared by a registered design professional consistent with the professional registration laws of the state in which the project is to be constructed. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registrations laws of the state in which the project is to be constructed. The construction documents shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registrations laws of the state in which the project is to be constructed.
K. 
Certificate of occupancy. A certificate of occupancy indicating completion of the work for which a permit was issued shall be obtained prior to any occupancy of a structure.
L. 
Temporary occupancy. Upon the request of the holder of a permit, a temporary certificate of occupancy shall be issued before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely prior to full completion of the structure without endangering life or public welfare.
M. 
Issuance of certificate of occupancy.
(1) 
Upon written request from the owner of an existing structure, the code official shall issue a certificate of occupancy, provided that there are not violations of law or orders of the code official pending, and it is established after inspection and investigation that the alleged occupancy of the structure has heretofore existed.
(2) 
The code official shall not require the removal, alteration or abandonment of, or prevent the continuance of the occupancy of a lawfully existing structure, unless such use is deemed to endanger public safety and welfare.
N. 
Unsafe structures and equipment.
(1) 
Conditions. All structures or existing equipment which are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. All unsafe structures shall be taken down and removed or made safe, as the code official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
(2) 
Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
(3) 
Notice. If an unsafe condition is found, the code official shall serve upon the owner, agent or person in control of the structure a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the code official acceptance or rejection of the terms of the order.
(4) 
Method of service. Such notice shall be deemed properly served if a copy thereof is delivered to the owner personally or sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(5) 
Restoration. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply.
(6) 
Disregard of notice. Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the legal counsel of the jurisdiction shall be advised of all the facts in order to pursue recourse provided by law.
O. 
Imminent danger.
(1) 
When, in the opinion of the construction official, there is imminent danger of failure or collapse of a building, structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Construction Official shall order and require the occupant to vacate the same forthwith. The Construction Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy has been Prohibited by the Construction Official." It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the structure.
(2) 
When, in the opinion of the Construction Official, there is imminent danger due to an unsafe condition, the Construction Official shall cause the necessary work to be done to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted.
(3) 
When necessary for the public safety, the Construction Official shall temporarily close structures and close or order to be closed sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being used.
(4) 
The Construction Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
(5) 
Costs incurred in the performance of the emergency work shall be placed as a lien on such property.
(6) 
Equipment deemed unsafe by the Construction Official shall not be operated after the date stated in the notice unless the required repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the Construction Official in writing.
(7) 
In the case of any emergency, the Construction Official shall have the authority to seal out of service immediately any unsafe device or equipment regulated by this chapter.
(8) 
Any device or equipment sealed out of service by the Construction Official shall be plainly marked with a sign or tag indicating the reason for such sealing. The sign or tag shall not be tampered with, defaced or removed except by the Construction Official.

§ 42-4 Registration of builders and contractors.

A. 
Registration required. All persons performing work under the provisions of this chapter which does not come within any exceptions set forth herein shall be required to register prior to the issuance of any permit for such work.
B. 
Registration information. Registration shall be made with the Construction Official on forms furnished by him/her. The registrant shall supply the following information, in addition to such other data as the Construction Official may require:
(1) 
The name and address of the registrant; if the registrant is a partnership, the names and addresses of all its members; if the registrant is a corporation, the names and addresses of its officers, directors and principal stockholders holding in excess of 10% of the outstanding shares of common stock.
(2) 
The type or types of work customarily performed by the registrant.
(3) 
A statement as to whether the registrant has ever been convicted of violating a Building Code, and if so, the date and place of conviction, the nature of the violation and the punishment imposed therefor.
(4) 
Appropriate information as to the registrant's skill, experience and business responsibility, including the names and addresses of at least two persons who are familiar with the same.
(5) 
A certificate showing that the applicant carries public liability and workers' compensation insurance for all work of the type to be done under a building permit.
C. 
Registration fee; expiration. The fee for registration shall be as set forth in § 42-12I. The registration shall be in effect for one full year from the date of issuance or renewal.
D. 
Suspension and revocation. The Construction Official may suspend or revoke a registration in any case where the registrant has been guilty of repeated or continued violations of the State Uniform Construction Code or this chapter, has failed to complete work or perform under a contract, has deviated from work specifications made a part of a contract, or has shown a lack of financial responsibility by failing to pay suppliers, subcontractors or creditors. The person whose registration is proposed to be suspended or revoked shall be afforded notice, an opportunity to be heard and an opportunity to appeal in the same manner as provided in Chapter 142, Licensing, for the suspension and revocation of licenses. Any person whose registration is revoked shall not be reregistered. Suspension or revocation of a registration shall be in addition to any other penalty which may be imposed for a violation of this chapter.
E. 
By whom work done.
(1) 
All work done under the provisions of this chapter for which a construction permit is required is to be performed by a registered builder or contractor, his/her agents or employees.
(2) 
This section shall not apply to work performed by any owner on a single-family dwelling occupied by himself/herself which does not entail the employment of others.

§ 42-5 Sidewalks.

A. 
Porch and step encroachments.
(1) 
Steps leading to any stoop or porch platform may approach either from the front, at right angles to the street line or from the side, parallel to the street line. Where the steps approach from the front or at right angles to the street line the combined projection beyond the street line, including both platform and steps, shall not exceed 5/12 of the total width of the sidewalk, and the width of such platform and steps shall not be greater than 1/2 of the front width of the building. Where the steps approach from the side or parallel to the street line the steps and porch platform shall not extend more than four feet beyond the street line, and the width of the platform, measured parallel with the street, shall not be greater than 1/2 of the front width of the building.
(2) 
If it is desired to have the steps approach from the front instead of from the side, this may be permitted, provided that no part of the construction extends more than four feet beyond the street line and the overall width measured along the street is not greater than would be permitted by the hereinabove provisions applying to steps approaching from the side or parallel with the street.
(3) 
No covered porch, stoop or steps projecting beyond the street line shall be permitted.
B. 
Minimum sidewalk width. In no case shall any porch, stoop, steps or other projection, appendage or building addition be constructed so as to leave less than four feet of clear and unobstructed sidewalk, provided that, with any particular existing sidewalk or porch, if the existing physical circumstance prevents full compliance with this provision it shall be within the discretion of the Construction Official to prescribe special dimensions, boundaries or other limitations for such porch construction consistent with the public safety and welfare.
C. 
Encroachments; business zone.
(1) 
Prohibited. No porch, stoop or steps, decks, projection, appendage or addition to a building shall be constructed in a manner which encroaches upon any part of a public sidewalk in the Downtown Business A Zone, regardless of whether the encroachment would leave a remaining width of four feet or more, as required in other zones.
(2) 
Exception; variance. Notwithstanding any other provisions or regulation within the jurisdiction of the City, a structure may be constructed in such a manner as to occupy or extend from an existing or proposed structure lawfully used for a business, commercial or industrial purpose into or over a portion of a public sidewalk, street or alley upon application to the City Council for a variance and permit for such purposes. Variances shall be granted by resolution of City Council following a public hearing on such schedule and notice as shall be determined by the City Council to be appropriate, only upon an affirmative finding that the structure in question:
(a) 
Would not, by virtue of its physical characteristics and related activities be substantially detrimental to the aesthetics and other characteristics of the neighborhood.
(b) 
Complies with all other requirements of the construction code and Chapter 315, Zoning and Land Use Procedures.
(c) 
Would leave sufficient sidewalk or right-of-way area remaining for the free flow of pedestrian traffic.
(d) 
Would serve a specific public convenience or interest, which need not be restricted to the existing activity within the main structure, which is identified by the City Council.
(e) 
Has had its location approved by the director of traffic and parking as to vehicular traffic safety concerns.
D. 
Applicability of section. This section shall apply to porches, stoops, steps, decks, projections, appendages and/or additions to a building.

§ 42-6 Securing of vacant buildings.

Whenever in accordance with the Building and Housing Codes of the City of Trenton, including such standard, state-wide codes as shall be adopted by the City, it shall be required to secure windows, doorways and other entrances to buildings, residential, commercial or otherwise, by the use of boards or other temporary closing materials, it shall be the responsibility of the owner of such property, and of his/her agents for the custody and management of such property, to maintain such property in full compliance with such codes and to paint such materials, using colors matching the color of the trim of the rest of the building.

§ 42-7 Demolition.

A. 
Compliance with specifications; waiver. Any person to whom or for which a demolition permit has been issued for the demolition of any structure shall comply with the provisions of this section. Where conditions are such that the specifications cannot fully be compiled with, a waiver of any sections of these specifications shall be granted by the Construction Official. These specifications, or sections thereof, may be waived for those projects where there is an approved site plan prepared by a licensed engineer or a sealed report on file for that site.
B. 
Specifications.
(1) 
It shall be the responsibility of the contractor to visibly inspect the site prior to submittal of a bid to demolish.
(2) 
It shall be the responsibility of the contractor to file all the necessary applications and obtain all required permits before commencement of demolition operations.
(3) 
Prior to the issuance of a permit to demolish, the contractor shall provide for the disconnection and termination of all water, sewer, gas, electric and telephone service facilities that are connected to the building, in conformance with the requirements of the City and the utility companies owning or controlling them. The contractor shall notify the City and utility companies of the time any such disconnections need be made, and shall perform the work according to their standard practices and requirements and under their supervision, or arrange for its performance by their forces. The cost of any and all such utility work, including charges, if any, which may be made by the City or governmentally owned utility companies, shall be borne by the demolition contractor. NOTE: The contractor shall seal all sewer lines at the curb prior to the commencement of demolition operations.
(4) 
It shall be the sole responsibility of the demolition contractor to remove and dispose of all demolition debris, rubble, building materials, contents of the building and other debris not associated with the demolition in conformance with the County of Mercer Master Plan, as well as all applicable state and federal regulations, with regard to waste removal and disposal.
(5) 
It shall be the responsibility of the demolition contractor to obtain all prior approvals from the various City and state agencies prior to the issuance of a demolition permit and the commencement of demolition operations.
(6) 
All bids shall be accompanied by a copy of the Bidders Certificate of Public Conveyance and Necessity issued by the New Jersey Board of Public Utility Commissioners, Department of Environmental Protection certificate number.
(7) 
All backfilling shall be made with suitable on-site or imported materials which are not too wet for proper placement. Filling materials shall be free from vegetation, masses of roots or individual roots, wood, mulch, blacktop paving materials or other organic or undesirable matter of any nature. Inert material, such as brick, broken concrete or plaster, shall be allowed only by direction of the Construction Official, by approved site plan or a report prepared by a licensed engineer.
(8) 
Basement fills shall be placed and compacted. The fill shall be placed in layers not more than six inches thick, loose measurement, and mechanically compacted.
(9) 
The site shall be graded so as to drain to the curb and away from adjacent properties, unless noted otherwise on approved plans or specially prepared for that project.
(10) 
All walls, foundations, footings, concrete pads, slabs and the like shall be demolished to a depth of not less than three feet below finished grade, or as directed by the Construction Official.
(11) 
All concrete floors, slabs or similar constructions that are not ordered removed shall be broken sufficiently to prevent the accumulation or holding of any water.
(12) 
All underground tanks and piping shall be removed from the site, in compliance with federal, state and City regulations.
(13) 
Any sidewalks damaged or removed during the demolition shall be replaced with sidewalks that comply with specifications of the Department of Public Works.
(14) 
The Construction Official shall have the authority to modify any one or more of the above standards if, in his/her judgment, the applicability of the particular standard would not be beneficial to the safety and integrity of any adjoining structures and if relaxation of the standards would not adversely affect the same.
C. 
Permits. All demolition permits shall specify the quantity of materials to be recycled, where they will be taken and how they will be handled.
D. 
Bonds.
(1) 
Demolition of a building. Each applicant for a permit to demolish any building shall present the following documents as evidence of responsibility for the proper and thorough completion of such projects:
(a) 
A certificate of public liability in amounts not less than $100 per individual and $500 per occurrence.
(b) 
If the application is for demolition work having an estimated cost of $5,000 or more, a performance bond in an amount equal to 100% of the true cost of demolition work specified in the permit application is required, whenever the work is to be completed by a contractor on behalf of the owner of the subject property, guaranteeing the completion of such project as specified, at no additional cost to the owner or other person for whom the work is to be performed. The cost estimate submitted with the permit application shall be considered by the Building Inspector as presumptive evidence of the true cost of the project in determining the amount of the bond, provided that the Building Inspector shall not be bound by such estimates and, in his/her discretion, upon the basis of substantial and competent information, may establish a different true cost for the purposes of fixing the bond amount.
(2) 
Relocation of a building. If the application is for removal of a building or structure from one lot to another, a performance bond equal to 100% of the estimated cost of work to be done shall be filed with the Construction Official. This bond shall cover the cost to relocate, as well as to complete the work and restore the site. The bond will protect and indemnify the City against loss or damage. All work involved to move or relocate a building shall be performed by a registered contractor.

§ 42-8 Diligent prosecution of work under permit.

A. 
Responsibility of permittee. Notwithstanding any other provision of this chapter, whenever a construction permit shall be issued by the City for the performance of any work within the City, the recipient thereof, or the principal officers or agents of any corporate entity to whom such a permit is issued, shall be responsible for the reasonable, continuous and diligent prosecution of the work authorized thereunder. All work shall be conducted, installed and completed in a workmanlike and acceptable manner so as to secure the results as intended by the Code.
[Amended 11-1-2007 by Ord. No. 07-72]
B. 
Discontinuation of or delay in construction.
(1) 
No person shall abandon or otherwise discontinue work commenced under a construction permit, allow the progress on such project to stop or to otherwise abandon such project, within the meaning of this chapter, without the prior written approval of the Construction Official.
(2) 
Work or progress on a project shall be presumed to be stopped, abandoned or otherwise delayed in violation of this chapter if reasonable and necessary steps toward the completion thereof are not taken for a period in excess of 20 calendar days without the prior written approval of the Construction Official.
C. 
Approval of Construction Code Official. The Construction Official shall grant approval for any such stoppage for good cause shown, including delays or interference arising from labor disputes, supply interruption inclement weather or other circumstances beyond the control of the applicant. The Construction Official shall be entitled to grant an applicant one or more periods of extension of not more than 20 days each for good cause shown if, in doing so, the public health, safety and welfare are not jeopardized.

§ 42-9 Removal of tanks at automobile service stations.

Owners of automobile service station facilities which cease operation for more than one year shall be required to removal all underground tanks used for the storage of gasoline, oil and other combustible liquids.

§ 42-10 Electrical subcode.

A. 
Permit required; exceptions. No electrical or wiring for light, power or communication shall be installed in a building or structure, nor shall an alteration or extension of existing systems be made until a permit has been issued therefor as provided for in this code, except in the case of a system designed for the following purposes or which is by or for the following agencies:
(1) 
Minor repair work, such as the replacement of lamps, receptacles, switches, fuses and fixtures.
(2) 
The connection of approved portable electrical appliances to suitable permanently installed receptacles.
(3) 
Any work involved in the testing, servicing or repairing of electrical equipment or apparatus, provided that this exemption shall not include permanent wiring.
(4) 
Mines, ships, railway cars or automotive equipment.
(5) 
Municipal plants or public utilities operating under the authority granted by the State of New Jersey for the generation, control or distribution of electrical energy.
(6) 
A public utility operating under due authority granted by the State of New Jersey in the furnishing of communication or signal service, or both, to a public utility or to the public as an integral part of a communication or signal system.
(7) 
A railway utility in the exercise of its functions as a utility and located in or on buildings or premises used exclusively by such agency.
(8) 
Commercial radio and television transmission equipment; provided, however, that electrical equipment and construction used for radio transmission in amateur stations and outdoor receiving materials more than 20 feet in height shall not be exempt.
(9) 
Federal construction or construction by any branch of the federal government.
B. 
Heating systems. In addition to the requirements of the Electrical Code for heating systems, a clearly identified heating equipment disconnect switch for the wiring and controls shall be installed in a readily acceptable location at the entrance to the area in which the heater is located.
C. 
Emergency lighting in multifamily dwellings. In every structure designated by the laws of the State of New Jersey or ordinance of the City to be a multifamily residential dwelling of four or more stories, there shall be provided for every stairway and elevator a means of emergency reserve lighting sufficient to operate and to provide light in the event of the cessation of the normal electric supply. This provision shall apply both to new construction and existing buildings.
D. 
Unsafe conditions. In cases of emergency, where necessary for safety to person or property, or where electrical equipment may interfere with the work of the fire division, the electrical subcode official shall have the power to disconnect or order the disconnection immediately of any electrical service.
E. 
Inspection required. No person shall put into operation any electrical wiring or fixed appliance unless it has first been inspected and a certificate of approval issued.
F. 
Inspection not required. Nothing herein contained shall be deemed to apply to installation made by or for electrical and communication utilities to installations and maintenance made in commercial or industrial establishments by their own maintenance employees, when periodic inspection is made thereof by established inspection agencies. Nor will any of the provisions herein contained be deemed to apply to installations which come under the jurisdiction of the factory mutual inspection department; to installations by or on behalf of the state or federal government, or to installations of railroad companies which are certified by the electrical engineer in charge of construction.
G. 
Removal of unused poles and wiring. It shall be the duty of the Electrical Subcode Official to have all dead, unused poles, electric service and apparatus on the inside and outside of a building, in streets or alleys to be removed at the expense of the owner or owners, or their agent, after 10 days of written notice to such owners to remove same. [1]
[1]
Editor's Note: Original Section 10-11, Plumbing Subcode, which immediately followed this section, and dealt with the licensing of plumbers, was reepealed 2-5-2004 by Ord. No. 04-6.

§ 42-11 Hearing fees. [1]

The hearing fee for appeals to the Construction Board of Appeals shall be $250.
[1]
Editor’s Note: Ordinance No. 09-03, adopted 2-5-2009, provided that all fees contained in Ch. 42 are hereby increased by 75%, rounded to the next highest dollar, and further provided that the increase shall not apply to the fees pertaining to elevators in § 42-12G.

§ 42-12 Permit fees.

A. 
Construction fees.
(1) 
Fees for new construction and additions shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
[Amended 2-5-2009 by Ord. No. 09-03[1]; 10-17-2013 by Ord. No. 13-43[2]]
(a) 
For new construction for Use Groups B, E, H-1, H-2, H-3, H-4, I-1, I-2, I-3, M, R-1, R-2, R-3, R-4, R-5, T and U, the fee shall be $0.054 per cubic foot of volume; and
(b) 
For new construction for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, the fee shall be $0.030 per cubic foot of volume.
[1]
Editor’s Note: This ordinance also provided that all fees contained in Ch. 42 are hereby increased by 75%, rounded to the next highest dollar, and further provided that the increase shall not apply to the fees pertaining to elevators in § 42-12G.
[2]
Editor’s Note: This ordinance also provided that a twenty-five-percent plan review fee, computed as a percentage of the estimated fee for a construction permit, shall be paid at the time of submission of an application for a permit (See N.J.A.C. 5:23-4.20(c)1 and N.J.A.C. 5:23-4.18(b)1.); that there shall be an additional fee of $60 per hour for review of any amendment or change to a plan that has already been released (See N.J.A.C. 5:23-4.20(b)4 and N.J.A.C. 5:23-4.18(b)5.); and that such increases shall not apply to the fees listed in § 42-12G pertaining to elevators.
(2) 
Other work.
(a) 
For all other work, fees shall be as based on estimated cost as follows:
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
$50,000 or less
$40 per $1,000
$50,001 to $100,000
$37 per $1,000
$100,001 and above
$30 per $1,000
(b) 
For the purpose of determining estimated cost of the work, the applicant shall submit such cost data as may be available as produced by the architect or engineer of record, by a recognized estimating firm or by the contract. The Construction Official shall make the final decision regarding estimated cost.
(c) 
The minimum fee for a permit for alteration, renovation and minor work shall be $35.
[Amended 2-5-2009 by Ord. No. 09-03]
(3) 
For additions, the fee shall be computed on the same basis as for new construction for the added portion.
(4) 
For a combination of renovations and additions, the fee shall be computed as the sum of the fees computed separately.
(5) 
For modular homes, the fee shall be a flat rate of $503 plus $0.054 per cubic foot for foundations and attached garages.
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
B. 
Plumbing fixtures and equipment.
[Amended 9-5-2002 by Ord. No. 02-67; 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(1) 
For all fixtures and appliances, except as listed below, the fee shall be $53 for the first three fixtures. Thereafter, each additional fixture shall be $25 for residential uses and $35 for commercial uses, except for water heaters, which shall be $80 for residential uses and $100 for commercial uses ($25 for new homes).
(2) 
For active solar systems, backflow preventers, gas piping, grease traps, hot water boilers (excluding those for domestic water heating), interceptors and fuel oil piping, oil separators, refrigeration units, sewer pumps, steam boilers, utility service connections, LP gas tanks and water-cooled air-conditioning units, the fee shall be $114 per special device. There shall be no inspection fee for gas service entrances.
C. 
Electrical fixtures and devices.
(1) 
For one to 20 receptacles or fixtures, the fee shall be $63, and $10 for each additional 20 receptacles or fixtures. For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of one horsepower or one kilowatt or less.
[Amended 9-5-2002 by Ord. No. 02-67; 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(2) 
For each motor or electrical device:
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(a) 
Greater than one horsepower and less than or equal to 10 horsepower, and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts: $25.
(b) 
Greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or subpanel less than or equal to 200 amperes, and for all transformers and generators greater than 10 kilowatts and less than or equal to 45 kilowatts: $90.
(c) 
Greater than 50 horsepower and less than or equal to 100 horsepower, for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 1,000 amperes, and for each transformer or generator greater than 45 kilowatts and less than or equal to 112.5 kilowatts: $175.
(d) 
Greater than 100 horsepower, for each service panel, service entrance or subpanel greater than 1,000 amperes, and for each transformer or generator greater than 112.5 kilowatts: $820.
(3) 
For the purpose of computing these fees, all motors, except those in plug-in appliances, shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
D. 
Fire protection and hazardous equipment.
(1) 
Detectors.
(a) 
For detectors (smoke, heat and sprinkler heads), the fees shall be as follows:
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
Heads or Detectors
Fee
20 or fewer
$120
21 to 100
$250
101 to 200
$450
201 to 400
$1,100
401 to 999
$1,550
1,000 to 1,999
$2,625
2,000 to 2,999
$4,375
3,000 or greater
$5,250
(b) 
In computing these fees, the number of each shall be counted separately, and two separate fees shall be charged.
(2) 
For each standpipe: $401.
[Amended 2-5-2009 by Ord. No. 09-03]
(3) 
For each independent pre-engineered system: $161.
[Amended 2-5-2009 by Ord. No. 09-03]
(4) 
For each gas or oil fired appliance that is not connected to the plumbing system: $81.
[Amended 2-5-2009 by Ord. No. 09-03]
(5) 
For each kitchen exhaust system: $81.
[Amended 2-5-2009 by Ord. No. 09-03]
(6) 
For incinerator: $365.
(7) 
For each crematorium: $365.
(8) 
For fire pump installation, the fee shall be as set forth in Subsection A(2)(a) of this § 42-12.
E. 
Other permits.
(1) 
For a demolition permit for Use Group R-3:
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(a) 
For a structure of less than 5,000 square feet and less than 30 feet in height for one- or two-family residences: $132.
(b) 
For all other use groups: $242.
(2) 
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, the fee shall be $24 per $1,000 of estimated cost of the work. For new foundation placement in a completed condition in the new location, the fee shall be based on the cubic content.
(3) 
For a permit to construct a sign, the fee shall be $2.42 per square foot of surface area of the sign, computed on one side only for double-faced signs.
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(4) 
The minimum fee shall be: $81.
[Amended 2-5-2009 by Ord. No. 09-03]
F. 
Certificates and other fees.
(1) 
For certificate of occupancy.
(a) 
For all use groups, except those listed below, the fee shall be 10% of the new construction permit fee that would be charged pursuant to these regulations. The minimum fee shall be $120. For Use Group R-2 there will be an additional charge of $25 per unit.
(b) 
For Use Group R-3 of less than 5,000 square feet in area and less than 30 feet in height, the fee shall be 10% of the new construction permit fee that would be charged pursuant to these regulations. The minimum fee shall be $65.
(c) 
For a certificate of occupancy granted pursuant to a change of use group, the fee shall be $174. For Use Group R-2, there will be an additional charge of $25 per unit.
(2) 
For certificate of continued occupancy, the fee shall be $120. For Use Group R-2, there will be an additional charge of $25 per unit.
(3) 
The fee for the renewal of a temporary certificate of occupancy shall be $30 each time that it is renewed. There shall be no fee for the initial issuance of a temporary certificate of occupancy.
[Amended 9-5-2002 by Ord. No. 02-67]
(4) 
For plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode, for one- and two-family homes (Use Group R-3), and for light commercial structures which have the indoor temperature controlled from a single point, the fee shall be $274. For all other structures, the fee shall be $1,369.
(5) 
For application for a variation in accordance with N.J.A.C. 5:23-2.10, the fee shall be:
(a) 
Class I structures: $549.
(b) 
Class II and III structures: $120.
(6) 
For resubmission of an application for a variation:
(a) 
Class I structures: $229.
(b) 
Class II and III structures: $65.
(7) 
For cross connections and backflow preventers subject to testing and which require reinspection every 12 months, the fees shall be:
(a) 
For each device when tested annually: $46.
(b) 
For each device when broken down tested annually: $20.
(8) 
For asbestos hazard abatement projects and the certificate of occupancy, the fee shall be a flat fee schedule:
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(a) 
An administrative fee for each construction permit issued for an asbestos hazard abatement project: $100.
(b) 
An administrative fee for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project: $20.
G. 
Elevators.
(1) 
For witnessing acceptance tests and performing inspections, the fees shall be:
(a) 
For elevator devices in structures not in Use Groups R-3 or R-4 or in an exempted Use Group R-2 structure, the fee shall be as follows:
Structure
Fee
Traction and winding drum elevators
One to 10 floors
$243.00
Over 10 floors
$405.00
Hydraulic elevators
$216.00
Roped hydraulic elevators
$243.00
Escalators, moving walks
$216.00
Dumbwaiters
$54.00
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts
$54.00
(b) 
For devices equipped with the following features, the additional fees shall be as follows:
Feature
Fee
Oil buffers, charge per oil buffer
$43.00
Counterweight governor and safeties
$108.00
Auxiliary power generator
$81.00
(c) 
For elevator devices in structures in Use Group R-3 or Use Group R-4: $162.
(d) 
For witnessing acceptance tests of, and performing inspection of, alterations: $54.
(2) 
For routine and periodic tests and inspections for elevator devices in structures not in Use Groups R-3 or R-4 or otherwise exempt devices in Use Group R-2 structures, the fees shall be as follows:
(a) 
For the six-month routine inspection of elevator devices the fee shall be:
Device
Fee
Traction and winding drum elevators
1 to 10 floors
$151.00
Over 10 floors
$194.00
Hydraulic elevators
$106.00
Roped hydraulic elevators
$151.00
Escalators, moving walks
$151.00
(b) 
For the one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, the fee shall be:
Device
Fee
Traction and winding drum elevators
1 to 10 floors
$216.00
Over 10 floors
$259.00
Hydraulic elevators
$162.00
Escalators, moving walks
$320.00
Dumbwaiters
$86.00
Manlifts, stairway chairlifts, inclined and vertical wheelchair lifts
$130.00
(c) 
For the yearly periodic inspection of elevator devices equipped with the following features, the additional fees shall be:
Device
Fee
Oil buffers, charge per oil buffer
$43.00
Counterweight governor and safeties
$86.00
Auxiliary power generator
$54.00
(d) 
For the three-year or five-year inspection of elevator devices the fee shall be as follows:
[1] 
Traction and winding drum elevators, five-year inspection:
[a] 
One to 10 floors: $367.
[b] 
Over 10 floors: $410.
[2] 
Hydraulic and roped hydraulic elevators:
[a] 
Three-year inspection: $270.
[b] 
Five-year inspection: $162.
(3) 
The fee for inspection of elevators used for construction shall be as follows:
(a) 
Witnessing acceptance and test:
[1] 
Traction elevator:
[a] 
One to 10 floors: $367.
[b] 
Over 10 floors: $410.
[2] 
Hydraulic elevators: $216.
(b) 
Additional charges for devices equipped with the following features shall be as follows:
[1] 
Oil buffers, charge per oil buffer: $43.
(c) 
The fee for the ninety-day inspection shall be as follows:
[1] 
Traction elevators:
[a] 
One to 10 floors: $151.
[b] 
Over 10 floors: $194.
[2] 
Hydraulic elevators: $108.
(d) 
The fee for one-year periodic inspection and witnessing of test shall be as follows:
[1] 
Traction elevators:
[a] 
One to 10 floors: $216.
[b] 
Over 10 floors: $259.
[2] 
Hydraulic elevators: $162.
(e) 
The fee for the inspection and witnessing of the five-year test shall be as follows:
[1] 
Traction elevators:
[a] 
One to 10 floors: $367.
[b] 
Over 10 floors: $410.
[2] 
Hydraulic elevators: $162.
(f) 
Additional charges for elevators equipped with the following features shall be as follows:
[1] 
Oil buffers, charge per oil buffer: $43.
H. 
Miscellaneous permit fees.
[Amended 2-5-2009 by Ord. No. 09-03; 10-17-2013 by Ord. No. 13-43]
(1) 
Registration of contractors. The annual fee for registration of contractors shall be $200.
(2) 
Fence construction. The fee for a permit to construct a fence shall be $35 per $1,000 of estimated cost of the work. A plot plan, survey and/or other documentation detailing the location of the fence shall accompany all applications.
I. 
Surcharge to state. In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the applicable regulations, the City shall collect, in addition to the fees specified above, a surcharge fee of $0.00334 per cubic foot of volume of new construction and $0.00170 times the estimated cost of construction for alterations. Such surcharge fee shall be remitted to the Bureau of Construction Code Enforcement, New Jersey 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.
[Amended 2-5-2009 by Ord. No. 09-03]