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Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (33) Index
[HISTORY: Adopted by the Council of the Borough of Fair Lawn 3-27-1990 by Ord. No. 1448-90. Amendments noted where applicable.]
GENERAL REFERENCES
Schedule of Fees — See Ch. 94, Art. VI.
Fire prevention — See Ch. 104.
Flood damage prevention — See Ch. 108.
Heating — See Ch. 117.
Historical properties — See Ch. 120.
Lead-based paint — See Ch. 131.
Property maintenance — See Ch. 170.
A. 
There is hereby established in the Borough a State Uniform Construction Code enforcing agency, to be known as the "Department of Buildings and Inspections," consisting of the Construction Official and such subcode officials as provided by § 2-41 of the Administrative Code and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
B. 
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, 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.
C. 
The public shall have the right to do business with the enforcing agency at the Municipal Building, 8-01 Fair Lawn Avenue, Fair Lawn, New Jersey, except for emergencies and unforeseen or unavoidable circumstances.
Appeals from the decision of the enforcing agency relating to the Uniform Construction Code shall be made to the Construction Board of Appeals of the County of Bergen.
The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A through H hereof and shall be paid before the permit is issued. All fees will be rounded to the nearest dollar.
A. 
The building subcode fees shall be:
(1) 
For new construction, $0.048 per cubic foot of building or structure volume, provided that the minimum fee shall be:
[Amended 4-27-1993 by Ord. No. 1524-93; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Principal building: $500.
(b) 
Accessory building: $200.
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1)(c), concerning the fee for tool sheds, was repealed 4-9-2002 by Ord. No. 1905-2002.
(d) 
Swimming pool shall be a flat fee:
[1] 
In-ground pool: $275, which shall include required fence.
[2] 
Aboveground pool: $125, which shall include required fence.
(e) 
Fences in excess of six feet in height or pool protection fence: $24 per $1,000 with a minimum fee of $80.
(2) 
For renovations, alterations and repairs:
[Amended 4-27-1993 by Ord. No. 1524-93; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Twenty-five dollars for each $1,000 or part thereof estimated cost up to $50,000, provided that the minimum fee shall be $80.
(b) 
Twenty-one dollars for each $1,000 or part thereof estimated cost from $50,001 and up.
(3) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(3), concerning the fee for roofing and siding on one- and two-family dwellings, as amended, was repealed 8-17-2010 by Ord. No. 2191-2010.
(4) 
Tents in excess of 16,800 square feet or more than 140 feet in any dimension shall be a flat fee of $115.
[Added 12-12-1995 by Ord. No. 1616-95; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(5) 
For additions: $0.048 per cubic foot of building or structure volume added, provided that the minimum fee shall be $350.
[Amended 4-27-1993 by Ord. No. 1524-93; 5-23-1995 by Ord. No. 1599-95; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(6) 
For combinations of renovations and additions, the sum of the fees are computed separately as renovations and additions.
(7) 
For Use Groups S and F, as established by the Uniform Construction Code, the fee shall be $0.035 per cubic foot of building or structure:
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Up to 500,000 cubic feet, provided that the minimum fee shall be $500.
(b) 
From 500,001 cubic feet to 1,000,000 cubic feet: $0.030 per cubic foot of building or structure volume.
(c) 
From 1,000,001 cubic feet and up: $0.025 per cubic foot of building or structure volume.
(8) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection A(8), concerning the minimum fee for Use Groups S and F, added 4-9-2002 by Ord. No. 1905-2002, was repealed 8-17-2010 by Ord. No. 2191-2010. Ordinance No. 1905-2002 also provided for the renumbering of former Subsection A(8), (9) and (10) as Subsection A(9), (10) and (11), respectively.
(9) 
The fee for demolition of a building or structure shall be:
[Amended 12-12-1995 by Ord. No. 1616-95; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Accessory building or structure: $110.
(b) 
Townhouse, condominium or multiple dwelling, per unit: $160.
(c) 
One- or two-family dwelling: $235.
(d) 
Commercial/industrial building or structure:
[1] 
0 to 10,000 square feet: $0.13 per square foot.
[2] 
10,000 to 20,000 square feet: $0.09 per square foot.
[3] 
Above 20,000 square feet: $0.05 per square foot.
[4] 
Minimum fee: $375.
(10) 
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 $12 per $1,000 or portion thereof of the sum of the estimated costs for moving.
[Amended 3-11-2008 by Ord. No. 2108-2008]
(11) 
The fee for a permit to erect a sign shall be $5 per square foot of the surface area of the sign, provided that the minimum shall be $115 per sign. In the case of double-faced signs, the area of only one side of the sign shall be used for purposes of fee computation.
[Amended 4-9-2002 by Ord. No. 1905-2002; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
B. 
The elevator subcode fees shall be:
[Amended 9-8-1992 by Ord. No. 1513-92; 3-12-1996 by Ord. No. 1624-96; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010]
(1) 
The fee for a permit to install an elevator device shall be a flat fee. The fee may vary for different types of inspections, tests and elevator devices.
(2) 
The categories of municipal elevator shall be identical to the categories of elevator fees listed in N.J.A.C. 5:23-12.6(a) and (b).
(3) 
The fee for plan review for elevator devices in structures in Use Groups R-4 and R-5 shall be $78.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(4) 
The fee for plan review for elevator devices in structures in use groups other than R-4 and R-5 shall be $397.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(5) 
Acceptance tests.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(a) 
The fee for elevators in structures not in Use Group R-4 or R-5 shall be as follows:
[1] 
Traction and winding drum elevators.
[a] 
One to 10 floors: $370.
[b] 
Over 10 floors: $615.
[2] 
Hydraulic elevators: $330.
[3] 
Roped hydraulic elevators: $370.
[4] 
Escalators, moving walks: $330.
[5] 
Dumbwaiter: $85.
[6] 
Stairway chairlifts, inclined and vertical wheelchair lifts and man lifts: $85.
(b) 
Additional charges for devices equipped with the following features shall be as follows:
[1] 
Oil buffers (per buffer): $68.
[2] 
Counterweight governor and safeties: $167.
[3] 
Auxiliary power generator: $125.
(6) 
The fee for elevator devices in structures in Use Group R-4 or R-5 shall be $250.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(7) 
The fee for witnessing acceptance tests of and performing inspections of alterations shall be $85.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(8) 
The fees for routine, six-month tests and inspections for elevator devices in structures not in Use Groups R-4 or R-5 shall be as follows:
[Amended 1-29-2013 by Ord. No. 2258-2013]
(a) 
Traction and winding drum elevators.
[1] 
One to 10 floors: $231.
[2] 
Over 10 floors: $296.
(b) 
Hydraulic elevators: $139.
(c) 
Roped hydraulic elevators: $232.
(d) 
Escalators, moving walks: $232.
(9) 
The fee for one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be:
[Amended 1-29-2013 by Ord. No. 2258-2013]
(a) 
Traction and winding drum elevators.
[1] 
One to 10 floors: $329.
[2] 
Over 10 floors: $394.
(b) 
Hydraulic elevators: $248.
(c) 
Roped hydraulic elevators: $329.
(d) 
Escalators, moving walks: $527.
(e) 
Dumbwaiter: $133.
(f) 
Stairway chairlifts, inclined and vertical wheelchair lifts and man lifts: $200.
(10) 
Additional yearly periodic inspection charges for elevator devices equipped with the following features shall be as follows:
[Amended 1-29-2013 by Ord. No. 2258-2013]
(a) 
Oil buffers (per buffer): $68.
(b) 
Counterweight governor and safeties: $134.
(c) 
Auxiliary power generator: $85.
(11) 
The fee for the three-year or five-year inspection of elevator devices shall be as follows:
[Amended 1-29-2013 by Ord. No. 2258-2013]
(a) 
Traction and winding drum elevators.
[1] 
One to 10 floors (five-year inspection): $560.
[2] 
Over 10 floors (five-year inspection): $702.
(b) 
Hydraulic and roped hydraulic elevators:
[1] 
Three-year inspection: $422.
[2] 
Five-year inspection: $248.
C. 
The plumbing subcode fees shall be as follows:
[Amended 4-27-1993 by Ord. No. 1524-93; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013; 4-28-2015 by Ord. No. 2341-2015]
(1) 
The plumbing subcode permit minimum fee shall be $80.
(2) 
First fixture and/or first stack: $54.
(3) 
Each additional fixture and/or stack: $21.
(4) 
Water softener, storage tank, water line to swimming pool, lawn sprinkler, grease traps, sewer pumps, etc.: $65 each.
(5) 
Replacement of water line or sewer line: $90.
(6) 
Hot-water boilers, steam boilers, gas heating systems, storage tanks: $80.
(7) 
Water heaters:
(a) 
Residential: flat fee of $80.
(b) 
Commercial: $125.
(8) 
Oil burner and storage facilities:
(a) 
Oil burner:
[1] 
Residential: $80.
[2] 
Commercial: $150.
(b) 
Oil tank to 550 gallons, install or remove:
[1] 
Residential: $75.
[2] 
Commercial: $125.
(c) 
Oil tank over 550 gallons, install or remove:
[1] 
Residential: $80.
[2] 
Commercial: $150.
(d) 
Gasoline tanks, install or remove: $250.
(9) 
Gas piping:
(a) 
First unit:
[1] 
Residential: $40.
[2] 
Commercial: $135.
(b) 
Each additional unit:
[1] 
Residential: $25.
[2] 
Commercial: $75.
D. 
The electrical subcode fee shall be:
[Amended 11-9-1994 by Ord. No. 1581-94; 12-12-1995 by Ord. No. 1616-95; 1-29-2013 by Ord. No. 2258-2013]
(1) 
Fixtures:
[Amended 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Up to 100: $4.
(b) 
Over 100: $3.
(2) 
Switches:
[Amended 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Up to 100: $4.
(b) 
Over 100: $3.
(3) 
Receptacles:
[Amended 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Up to 100: $4.
(b) 
Over 100: $3.
(4) 
Smoke and heat detectors: $7 each.
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010]
(5) 
Heating/cooking equipment:
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
10 KW or less: $17 each.
(b) 
10.1 to 20 KW: $30 each.
(c) 
20.1 to 100 KW: $115 each.
(d) 
Over 100 KW: $510 each.
(6) 
Motors/generators/transformers:
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Fractional: $17 each.
(b) 
One to 10 horsepower, KV or KVA: $30 each.
(c) 
10.1 to 50 horsepower, KV or KVA: $65 each.
(d) 
50.1 to 100 horsepower, KV or KVA: $130 each.
(e) 
Over 100 horsepower, KV or KVA: $510 each.
(7) 
Central air conditioning, per unit: $125 each.
[Amended 4-9-2002 by Ord. No. 1905-2002; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(8) 
In-ground swimming pool (complete installation): $150 each.
[Amended 4-9-2002 by Ord. No. 1905-2002; 1-29-2013 by Ord. No. 2258-2013]
(9) 
Signs: $100 each.
[Amended 4-9-2002 by Ord. No. 1905-2002]
(10) 
Alarm/phone systems (Devices: See switches and fixtures.): $80 each.
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(11) 
Service panels/entrances/subpanels:
(a) 
0 to 200 AMP: $85 each.
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(b) 
201 to 1,000 AMP: $260 each.
[Amended 4-9-2002 by Ord. No. 1905-2002; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(c) 
Over 1,000 AMP: $615 each.
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(d) 
Underground inspection:
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008]
[1] 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection D(11)(d)[1], which listed the fee for residential underground inspections, was repealed 8-17-2010 by Ord. No. 2191-2010.
[2] 
Commercial: $325 each.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(12) 
Temporary service: $85 each.
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(13) 
Elevator disconnect: $80 each.
[Amended 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(14) 
Minimum project fee: $80 each.
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
E. 
The fee for plan review shall be 20% of the amount to be 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 and is nonrefundable in the event the permit is not issued.
(1) 
The fee for review of a plan change shall be $25.
[Added 1-29-2013 by Ord. No. 2258-2013]
F. 
Certificate of occupancy/temporary certificate of occupancy.
[Amended 4-27-1993 by Ord. No. 1524-93; 12-12-1995 by Ord. No. 1616-95; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013; 4-28-2015 by Ord. No. 2341-2015]
(1) 
The fee for a certificate of occupancy shall be 4% of the permit fee, with a minimum fee of $50 for one- and two-family and a minimum fee of $125 for all others.
(2) 
The fee for a certificate of continued occupancy shall be $175.
(3) 
The fee for a certificate of occupancy granted pursuant to a change of use shall be $175.
(4) 
The fee for a code letter at the time of resale or when refinancing a one- or two-family dwelling or other code letter requests shall be $50.
(5) 
The fee for a change in contractor shall be $25 per subcode.
(6) 
The fee for a temporary certificate of occupancy (TCO) shall be $45. The maximum time period for a TCO shall be 60 calendar days. After the initial sixty-day period each extension will be considered a new TCO.
G. 
Mechanical Inspector fee.
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013; 4-28-2015 by Ord. No. 2341-2015]
(1) 
The Mechanical Inspector fee (R-3, R-4, R-5 use groups only and does not include the electrical subcode) shall be:
(a) 
Minimum fee: $80.
(b) 
Heat producing appliances (i.e., furnace, boilers, gas fire-places and stoves), oil, gas: $160.
(c) 
Replacement of a nontestable backflow preventer with another appliance: $21.
(d) 
Replacement of a nontestable backflow preventer alone: $80.
(e) 
Chimney liner: $80.
(f) 
Generators: $160.
(g) 
Residential gas pipe: $40.
(h) 
Water heater: $80.
(i) 
All other (duct work, hydronic heating, etc.): $65.
(j) 
Condensate line:
[1] 
First line: $65.
[2] 
Each additional line: $21.
(2) 
The Mechanical Inspector fee applies only to the installation of the specific residential mechanical equipment listed when it is not part of a larger multi-subcode residential project. When mechanical equipment is being installed as part of a larger project the fees under the individual subcode sections shall apply.
(3) 
The Mechanical Inspector fee section does not apply to any commercial installation.
H. 
The fee for fire subcode shall be:
[Amended 11-12-1991 by Ord. No. 1493-91; 5-22-1995 by Ord. No. 1599-95]
(1) 
Boilers:
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Residential: $80.
(b) 
Commercial: $150.
(2) 
Furnaces:
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Residential: $80.
(b) 
Commercial: $150.
(3) 
Fireplace/chimney/wood or coal stove: $80.
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(4) 
Commercial cooking: $125.
[Amended 4-9-2002 by Ord. No. 1905-2002; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(5) 
Fire suppression system:
[Amended 12-12-1995 by Ord. No. 1616-95; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Sprinkler heads:
[1] 
Up to 20 heads: flat fee of $105.
[2] 
21 to 100 heads: flat fee of $210.
[3] 
101 to 200 heads: flat fee of $315.
[4] 
201 to 400 heads: flat fee of $670.
[5] 
401 to 1,000 heads: flat fee of $930.
[6] 
Over 1,000 heads: flat fee of $1,250.
(b) 
Standpipe systems: minimum of $225.
(c) 
Wet chemical: $115.[5]
[5]
Editor's Note: Former Subsection H(5)(d), Minimum fee, which immediately followed, was repealed 3-11-2008 by Ord. No. 2108-2008.
(6) 
Smoke/heat detection systems:
[Amended 12-12-1995 by Ord. No. 1616-95; 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Manual system: $110, and an additional $6 for each pull station.
(b) 
Heads/devices: $8 each.
(7) 
Oil/fuel tanks installed:
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(a) 
Interior residential: $80.
(b) 
Exterior residential: $135.
(c) 
Interior commercial: $170.
(d) 
Exterior commercial: $275.
(8) 
Commercial gasoline/diesel tanks installed: $425.
[Amended 4-9-2002 by Ord. No. 1905-2002; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
(9) 
Emergency generator inspection: $100.
[Amended 4-9-2002 by Ord. No. 1905-2002]
(10) 
Minimum permit fee: $80.
[Amended 4-9-2002 by Ord. No. 1905-2002; 3-11-2008 by Ord. No. 2108-2008; 8-17-2010 by Ord. No. 2191-2010; 1-29-2013 by Ord. No. 2258-2013]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and 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 Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
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 fees specified above, a surcharge fee of $0.0016 per cubic foot of volume of new construction. The surcharge fee shall be remitted to the Bureau of Housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[Added 8-26-1997 by Ord. No. 1694-97]
Pursuant to N.J.S.A. 40:55D-8, Subdivision e, any disabled person, as defined in the aforesaid statute, or a parent or sibling of a disabled person, be and they are hereby exempt from the payment of any fee charged with any application for development which promotes accessibility to the disabled person's own living unit.
Rules of procedure and operation shall be in accordance with the provisions of State Uniform Code Construction Act and the regulations issued pursuant thereto.