Chapter 109: Construction Codes, Uniform

§ 109-1 Establishment of enforcing agency.

There is hereby established in the Borough of Carteret a State Uniform Construction Code enforcing agency to be known as the "Construction Code Enforcement Agency," consisting of a Construction Official, Building 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.[1] The Construction Official shall be the chief administrator of the enforcing agency. The Fire Protection Subcode Official shall be appointed by the Mayor and Council.

[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 109-2 Board of Appeals.

[Amended 4-19-1990 by Ord. No. 90-16]

Any appeal or grievance filed pursuant to a decision of the enforcing agency shall be filed with the Middlesex County Board of Uniform Construction Code Appeals.

§ 109-3 Qualification of officials.

Each official position created in § 109-1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] 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.

[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 109-4 Business office.

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.

§ 109-5 Fees.

[Amended 8-16-1977 by Ord. No. 77-27; 7-17-1986 by Ord. No. 86-17; 12-4-1986 by Ord. No. 86-37; 3-7-1991 by Ord. No. 91-5; 3-21-1991 by Ord. No. 91-11; 2-4-1993 by Ord. No. 93-2; 12-27-1995 by Ord. No. 95-62; 3-3-1997 by Ord. No. 97-9; 5-1-1997 by Ord. No. 97-11; 3-5-1998 by Ord. No. 98-7; 3-18-1999 by Ord. No. 99-7; 4-12-2007 by Ord. No. 07-07]

The fee for a construction permit shall be as follows and shall be paid before issuance of the construction permit:

[Amended 4-6-2000 by Ord. No. 00-10; 6-15-2000 by Ord. No. 00-26; 9-4-2003 by Ord. No. 03-29; 4-12-2007 by Ord. No. 07-07; 4-24-2008 by Ord. No. 08-12; 10-6-2011 by Ord. No. 11-26]

Description		Fee
Building subcode fees.
	Plan review and prototype plans (N.J.A.C. 5:23-4.18) (nonrefundable)	20%
	Permit renewal	$30.00
	Cancel permit (no inspection performed)	$10.00
	Change of contractor	$20.00
	DCA fee in accordance with N.J.A.C. 5:23-419(b)	$0.0016 x cubic feet
	DCA fee for alterations without volume	$0.0080 x 1,000
	Variation fees
	Application for variation (N.J.A.C. 5:23-2.10)
	Class I structure	$500.00
	Class II and III structure	$120.00
	Reapplication for both classes	$65.00
Construction fees
	New construction (basic volume)	$0.020 x cubic feet
	New construction over 1,000,000 cubic feet	$0.015 x cubic feet
	Alterations, repairs and renovations	$20.00 x 1,000
Certificate of occupancy fees
	Temporary certificate of occupancy (all types of building permits)
	Residential	$100.00
	Commercial	$250.00
	Industrial	$500.00
	Certificate of occupancy	10% of construction fee or $25.00 minimum
	Continued use of occupancy (except R-3 or R-4)	$120.00
	Continued use of occupancy (residential R-3 or R-4)	$50.00
Flat fees
	Alterations ($20 x $1,000 or flat fee) no charge C/A	$40.00 minimum fee
	Antenna, 12 feet or 2-foot diameter	$40.00 minimum fee
	Antenna over 12-foot height or over 2-foot diameter	$60.00
	Towers (50 feet and over require local approval)	$500.00
	Asbestos, small job (certificate of occupancy $10.00)	$40.00
	Asbestos, large job (certificate of occupancy $10.00)	$300.00
	Demolition, garage, deck, pool or utility shed	$30.00
	Demolition, residential less than 5,000 square feet	$500.00
	Any one- or two-family unit destroyed by natural or fire-related circumstances will be exempt. All DCA fees will be applicable.
	Demolition, structure all use groups	$1,500.00 minimum or $1.00 per square foot of building area being demolished
	Pool, private, aboveground (certificate of occupancy $10.00)	$30.00
	Pool, private, in-ground (certificate of occupancy $10.00)	$175.00
	Pool, public	$500.00
	Roofing
	Accessory buildings - garages for R-3 and R-4	$30.00
	Second layer - R-3 and R-4	$40.00
	Rip off or alteration ($20 per $1,000)	$45.00 minimum fee
	Siding ($20 per $ 1,000)	$45.00 minimum fee
	Signs ($2.50 x square feet or flat fee)	$40.00 minimum
	Signs, freestanding ($2.50 x square feet)	$50.00 minimum
	Sign, billboard ($2.50 x square feet, local approval)	$150.00 minimum
	Tent, temporary structure, 250 square feet	$60.00
	Tent, temporary structure, 250 square feet and over	$150.00
	Fireplace	$75.00
	Construction trailer	$250.00
Partial permit: footing and foundation		$.030 per cubic foot
Premanufactured construction
	Site construction and external utility	$25.00 x 1,000
	Temporary certificate of occupancy	$25.00
Elevator devices. (N.J.A.C. 5:23-12.4)
	New elevator and elevator tests shall be performed by a state subcode DCA Inspector by approved resolution and in accordance with N.J.A.C. 5:23-12
Scheduled overtime inspection fee
	Above standard fee	$200.00
	Certificates of approval	No charge
Electric subcode fees.
	Fees for all buildings and structures for all use groups except R-3, single- and two-family detached residential houses and accessory buildings shall be as follows:
	Electrical fixtures (Electrical fixtures shall include but not be limited to wall switches, lighting outlets, convenience receptacles, fluorescent fixtures and similar items.)
	1 through 20	$100.00
	21 through 50, additional	$100.00
	Each additional 25 and over 50, add	$50.00
	Special electrical devices (Special devices shall include but shall not be limited to motors, generators, transformers, central-heating, cooking and air-conditioning equipment, electrical signs and protective system devices.)
	1 through 5	$100.00
	For each additional device, add	$50.00
	Electrical heaters (all use groups)
	1 heater	$45.00
	Each additional unit, add	$10.00 each
Fees for buildings and structures in use group R-3 single- and two-family detached houses and accessory buildings shall be as follows:
	Electrical fixtures (Electrical fixtures shall include but not be limited to wall switches, lighting outlets, convenience receptacles, fluorescent fixtures and similar items.)
	1 through 5	$30.00
	6 through 52 additional	$50.00
	26 through 50 and additional	$50.00
	Each additional 25 fixtures, add	$50.00
	Special devices (Special devices shall include but shall not be limited to motors, generators, transformers, central-heating, cooking and air-conditioning equipment, electrical signs and protective system devices.)
	1 through 5	$50.00
	Each additional unit, add	$10.00
	Service panel or subpanel - 1 meter
	100 to 200 amperes	$75.00
	201 to 300 amperes	$300.00
	301 to 1,000 amperes	$750.00
	Each additional meter	$50.00
Reinstitute service disconnect		$25.00
	Pools
	Above ground	$75.00
	In-ground	$150.00
	Motors or electrical devices
	Greater than 1 horsepower to 10 horsepower	$75.00
	11 horsepower to 50 horsepower	$100.00
	51 horsepower to 100 horsepower	$200.00
	Greater than 100 horsepower	$750.00
	Note: 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.
	Water boiler, furnace
	Replacement only, set fee	$35.00
	Transformers and generators
	Greater than 1 kilowatt to 10 kilowatts	$75.00
	11 kilowatts to 45 kilowatts	$100.00
	46 kilowatts to 112.5 kilowatts	$200.00
	Greater than 112.5 kilowatts	$750.00
Overtime fees		$200.00
Connection points (alarm devices, telephone/computer)
	One- and two-family
	1 to 25	$50.00
	26 to 100	$100.00
	101 or more	$150.00
	Commercial/industrial
	1 to 25	$100.00
	26 to 100	$250.00
	101 or more	$500.00
	Scheduled overtime inspection fee, above standard fee	$200.00
Fire subcode fees
	Tanks
	Installation, abandonment and removal, up to 1,000 gallons	$65.00
	Installation, abandonment, and removal, 1,001 to 2,000 gallons	$300.00
	Installation, abandonment, and removal, 2,001 to 12,000 gallons	$500.00
	Installation, abandonment, and removal, 12,001 to 50,000 gallons	$600.00
	Installation, abandonment, and removal, 50,001 to 100,000 gallons	$2,000.00
	Installation, abandonment, and removal, 100,001 gallons and over	$3,000.00
Sprinklers
	1 to 20 heads	$75.00
	21 to 100 heads	$150.00
	101 to 200 heads	$250.00
	201 to 400 heads	$600.00
	401 to 1,000 heads	$850.00
	1,001 heads and over	$1,050.00
Standpipes
	Hose valves, each	$30.00
Fire alarm systems (Pull boxes - girb/strobe, flow and tamper switches)
	1 to 9 units	$35.00
	10 to 30 units	$50.00
	31 to 75 units	$100.00
	76 to 100 units	$200.00
	101 units and over	$300.00
Detection systems
	1 to 9 units	$35.00
	10 to 30 units	$50.00
	31 to 75 units	$100.00
	76 to 100 units	$200.00
	101 units and over	$300.00
Pre-engineered systems
	Carbon dioxide	$100.00
	Dry chemical	$100.00
	Wet chemical	$100.00
	Kitchen hood	$100.00
	Vapor/gas exhaust	$100.00
	Smoke control	$100.00
	Other systems	$100.00
	Fixed foam protection (per tank)	$150.00
Private yard hydrant systems		$30.00
Fixed monitors:		$30.00
Gas- and oil-fired appliances
	New	$30.00
	Replacement	$35.00
	New, industrial/commercial	$100.00
	Replacement, industrial/commercial	$100.00
Wood-burning appliances:
	Fireplaces	$30.00
	Stoves	$30.00
Chimneys
Masonry		$50.00
Factory built, type B, BW, L or special vents		$30.00
Relining		$30.00
Gasoline/gaseous service stations
	Dispensers per unit	$50.00
	Vapor recovery system	$150.00
Exit signs/egress lighting
	1 to 9 units	$35.00
	10 to 30 units	$50.00
	31 units and over	$100.00
Fire doors
	Automatic closing, swing-type, per unit	$50.00
	Shutter-type, roll down, per unit	$75.00
Storage racks
	Up to 5,000 square feet	$100.00
	Over 5,000 square feet	$200.00
	In rack sprinklers
	1 to 20 heads	$65.00
	21 to 100 heads	$120.00
	101 to 200 heads	$220.00
	401 to 1,000 heads	$820.00
	Over 1,000 heads	$1,050.00
Scheduled overtime inspection fee, above standard fee		$200.00
Plumbing fee schedule
	Minimum fee	$40.00

	Minimum Fee
Fixture/Equipment	R3 and R4 Uses	All other uses
Fixtures	$15.00	$40.00
Drinking fountains	$15.00	$40.00
Bath tubs	$15.00	$40.00
Dishwasher	$15.00	$40.00
Washing machine	$15.00	$40.00
Hose bibs	$15.00	$40.00
Water closet	$15.00	$40.00
Urinal or bidet	$15.00	$40.00
Floor drain	$15.00	$40.00
Shower	$15.00	$40.00
Sink	$15.00	$40.00
Stacks	$15.00
Fuel-oil piping	$45.00	$80.00
Gas piping	$45.00	$80.00
Steam boiler	$45.00	$80.00
Hot-water boiler	$45.00	$80.00
Active solar system	$45.00	$80.00
Electric/gas hot-water heater	$45.00	$80.00
HVAC unit	$45.00	$80.00
Warm air furnace	$45.00	$80.00
Gas unit heater	$50.00	$80.00
Grease trap	$50.00	$80.00
Interceptor/separator	$50.00	$80.00
Water connection	$50.00	$80.00
Sewer connection	$50.00	$80.00
Water-cooled air-conditioning unit	$50.00	$65.00
Backflow preventer	$50.00	$80.00
Sewer pump	$50.00	$80.00
Oil separator	$50.00	$80.00
Sewer backflow valve	$50.00	$80.00
Sewer ejector	$50.00	$80.00
Lawn sprinklers	$50.00	$80.00
Scheduled overtime inspection fee above standard fee		$200.00

Waivers.

(1)

All fees under Subsection A of this section shall be waived where the Borough of Carteret:

(a)

Is the party conducting the construction;

(b)

Has contracted for the construction; or

(c)

Bears the direct financial responsibility for the fees.

(2)

All fees in Subsection A of this section shall be waived where the party required to obtain the permit is organized pursuant to the New Jersey Nonprofit Corporation Act, N.J.S.A. 15A:1-1 et seq. or has been granted tax exempt status pursuant to the laws of the United States of America or the State of New Jersey.

(3)

All plan review fees under Subsection A of this section shall be waived where the Carteret Board of Education:

[Added 5-17-2001 by Ord. No. 01-28]

(a)

Is the party that will be conducting the construction pursuant to said plan;

(b)

Has contracted or will contract for the construction detailed in said plan; or

(c)

Bears the direct financial responsibility for the plan review fees.

Waiver of fee for residential handicapped accessibility improvements.

[Added 12-2-1998 by Ord. No. 98-48]

(1)

Purpose.

(a)

The State of New Jersey Uniform Construction Code Section 52:27D-126e[1] permits the governing body of any municipality to provide by ordinances that no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvements designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.

[1]

Editor's Note: See N.J.S.A. 52:27D-126e.

(b)

The Borough Council of the Borough of Carteret believes that the promotion of such accessibility improvements in residential buildings is for the public good.

(2)

Definitions. For the purpose of this subsection, the following definition shall apply:

DISABLED PERSON

A person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include but not be limited to any resident of the Borough who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416), or Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a 60% disability or higher, pursuant to any federal law administered by the United States Veterans' Act. For the purpose of this definition, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20º shall be considered as having a central visual acuity of 20/200 or less.

(3)

Waiver of fees. A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvements which promote accessibility to his or her own living unit, except that, in the case of a parent or sibling of a disabled person, said person shall establish for the reasonable satisfaction of the Construction Official that the disabled person resides with the applicant.

(4)

Exclusion. This subsection specifically excludes accessibility improvements made to buildings or structures devoted to commercial use.

§ 109-5.1 Retrieval of documents.

[Added 4-6-2000 by Ord. No. 00-10]

The Construction Department shall establish rules and regulations, and the following fees are established for the retrieval of documents:

Persons requesting files which can be gathered in up to 1/2 hour shall be charged photocopy cost only.

There shall be a research charge of $25 an hour (or portion thereof) in addition to photocopying charges for files which are stored outside the Construction Office or require longer than 30 minutes to retrieve.

Persons requesting files shall advise the Construction Department, in advance, of the amount of time they will require to have the file for review. A minimum of two days' advance notice is requested.

The Construction Office can only provide copies that can be made on standard copying machines located at the Construction Office. No files will be permitted to be removed.

There shall be a required information request form completed by all persons seeking non "over the counter" easy information.

Such other rules as shall be established by the Construction Department consistent with this and assisting Borough residents.

§ 109-5.2 Lapsed permits.

[Added 4-6-2000 by Ord. No. 00-10]

The fee for reinstatement of a lapsed permit in the same code cycle shall be a 50% of the original fee.

The fee for reinstatement of a lapsed permit in a new code cycle will be 100% of the current fee schedule.

§ 109-5.3 Waiver for senior citizens.

[Added 4-6-2000 by Ord. No. 00-10; amended 7-27-2000 by Ord. No. 00-27; 3-15-2001 by Ord. No. 01-18]

Effective upon execution of this section by the Mayor after adoption by Council and the subsequent mandatory waiting period, and continuing through December 31, 2005, building fees for resident Carteret citizens 65 years of age or older shall be waived in connection with applications for permits to perform improvements or restoration work to single-family homes which they own and in which they reside.

[Amended 11-6-2003 by Ord. No. 03-46; 2-3-2005 by Ord. No. 05-02]

In order to obtain said waiver of fees the applicant must demonstrate:

(1)

Their age;

(2)

Ownership of the property for which the permits (s) are sought;

(3)

That the subject property is a single-family dwelling;

(4)

That the person requesting the waiver actually resides in the property which is the subject of the application.

For the purpose of this subsection, "building fees" shall be defined as building, electrical, plumbing and fire technical services.

Zoning fees for the following, sheds, fences and sidewalks, are exempt.

Municipal certificates of occupancy (MCO's) and any zoning or Planning Board fees shall be calculated at full rate.

§ 109-5.4 Estimated costs.

[Added 4-6-2000 by Ord. No. 00-10]

In order to determine estimated cost, applicants shall submit to the Construction Department cost data produced and executed by the architect or engineer of record, a certified or recognized estimating firm or by the contractor.

§ 109-6 Reports.

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Borough 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.

§ 109-7 Surcharge fee.

In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act and the regulations,[1] the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee of six-tenths cent ($0.006) per cubic foot of volume of new construction. Said surcharge fee 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 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 third and fourth quarters only.

[1]

Editor's Note: "The regulations" refers to the regulations promulgated by the Commissioner of the Department of Community Affairs of the State of New Jersey pursuant to the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).

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.

§ 109-8 Fire limits.

The following fire limits are established pursuant to N.J.A.C. 5:23:

(1)

Fire District 1: all of the boundaries shown on the attached map, entitled "Zoning Map of the Borough of Carteret."[1] The following areas as depicted on said Map shall be listed as within the fire limits:

[Added 8-16-1977 by Ord. No. 77-27]

(a)

General Business Zone.

(b)

Highway Business Zone.

(c)

Light Industrial Zone.

(d)

Heavy Industrial Zone (A).

(e)

Heavy Industrial Zone (B).

[1]

Editor's Note: The Zoning Map is on file in the Borough Clerk's office.

All other areas of the Borough shall be designated as outside the fire limits. The Construction Official shall prepare and submit to the Borough Council, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within the fire limits, with the reasons therefor.

§ 109-9 Proper disposal required.

[Added 8-15-1991 by Ord. No. 91-29]

Prior to the issuance of a certificate of occupancy and/or final approvals of any construction which requires the disposal of concrete, wood, metal, plaster or any material pursuant to the construction, the person applying for the certificate must provide to the Construction Office proof that said material was properly disposed of in an approved facility.

This proof of proper disposal shall be a condition precedent to the issuance of a certificate of occupancy and/or final approvals of all construction in the Borough of Carteret.

This amendment shall apply to all persons commencing construction after September 1, 1991.