Township of Hillsborough, NJ Chapter 145 Construction Codes, Uniform

[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 3-10-2020 by Ord. No. 2020-06.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 145, Uniform Construction Codes, adopted 12-28-1976 by Ord. No. 76-23, as amended.

§ 145-1 Enforcing agency established; subcode officials designated.

A. There is hereby established in Hillsborough Township, New Jersey, a State Uniform Construction Code enforcing agency to be known as the "Hillsborough Building Department," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.

B. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217,[1] as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person.

[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 one office location except for emergencies and unforeseen or unavoidable circumstances. Said office shall be at the Hillsborough Township Municipal Building, 379 South Branch Road, Hillsborough, New Jersey.

§ 145-2 Board of Appeals.

These services are provided by Somerset County.

§ 145-3 Construction fee schedule.

A. Waiver of construction permit surcharge and enforcing agency fees for construction to promote accessibility by disabled persons, as stated in N.J.S.A. 52:27D-126e, the State Uniform Construction Code Act.

(1) No person shall be charged a construction permit surcharge fee or enforcing agency fee, except those fees for subcode inspections not performed by Township employees, for any construction, reconstruction, alteration, or home improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure, or any of the facilities contained therein.

(a) For the purposes of this section, "disabled person" means 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 person who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416), or the 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 Administration. For purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of correcting lenses. An eye which is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

B. The fee for a construction permit shall be the sum of the subcode fees listed in Subsection B(1) through (6) hereof and shall be paid before the permit is issued. Excluded from the construction fee schedule set forth herein is any unattached structure under 30 inches in height which is accessory to landscaping development on the property. For purposes of example only, not limitation, such landscaping structures may include railroad ties, rock gardens, patio pallet construction, and similar items. All use groups and construction classifications referenced herein are as defined by the New Jersey Uniform Construction Code.

(1) The minimum building subcode fee shall be $60 for the R-2 Use Group, $70 for the R-3, R-4, and R-5 Use Groups, and $100 for all other use groups.

(a) New construction and additions. Fees for new construction shall be based upon the volume of the structure in cubic feet.

[1] For the following use groups, the fee shall be based on the formula of volume times $0.068: B (Business), H (High Hazard), I-1 through I-4 (Institutional), M (Mercantile), R-1 through R-5 (Residential), E (Educational).

[2] For the following use groups, the fee shall be based on the formula of volume times $0.042: A-1 through A-5 (Assembly), F-1 through F-2 (Factory), and S-1 through S-2 (Storage).

[a] Building subcode fee for commercial farm buildings, as defined by the New Jersey Uniform Construction Code, N.J.A.C. 5:23-3.2(d), shall not exceed $2,290. Volume calculation shall be in accordance with N.J.A.C. 5:23-4.18(c).

[b] The unit rate for large, open-volume, single-story spaces in buildings, such as barns, silos, greenhouses, warehouses, distribution centers, and other agricultural, and storage-use occupancies, shall be based on the formulate of volume times $0.040, calculated per N.J.A.C. 5:23-4.18(c)vi(1).

(b) Renovations, alterations, and repairs. Fees for renovations, alterations, and repairs, including decks and raised patios, shall be based upon the estimated cost of the work. (The applicant shall submit cost data by an architect or engineer of record, a recognized estimating firm or by contractor bid. The Department will review the construction cost for acceptability). The fees shall be as follows:

Estimated Cost	Fee
$1 to $100,000	$35 per $1,000
$100,001 to $200,000	$32 per $1,000
$200,001 to $300,000	$30 per $1,000
Over $300,000	$28 per $1,000

(c) Additions and renovations, alterations or repairs. Fees for additions and renovations, alterations or repairs shall be a combination of rates set by Subsection B(1)(a) and (b) above.

[1] All required roof permits shall have a flat fee charged of $70 for the R5 Use Group, and $140 for the R2 Use Group. All other use groups shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.

[2] All required siding permits shall have a flat fee charged of $70 for the R5 Use Group. A fee of $20 per $1,000 of construction costs shall be charged for the R2 Use Group. All other use groups shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.

[3] Radon vent systems shall be charged the minimum fee for the first vent stack, and 50% of the minimum fee for each additional vent stack.

(d) Pools shall be charged fees as follows:

[1] Swimming pools, aboveground.

[a] R-5 Use Group: $140.

[b] All other use groups: 300% of the minimum fee, per applicable use group, as stated in Subsection B(1) above.

[c] Seasonal use pools, those which are not permanent in nature and are regulated by the New Jersey Uniform Construction Code, shall be charged a fee of $50.

[2] Swimming pools, in-ground.

[a] R-5 Use Group: $160.

[b] All other use groups: $360.

[3] Pool barriers.

[a] R-5 Use Group: $100.

[b] All other use groups: 200% of the minimum fee, per applicable use group, as stated in Subsection B(1) above.

(e) Asbestos abatement fee: 200% of the minimum fee.

[1] Certificate of occupancy fee for asbestos abatement: 50% of the minimum fee.

(f) Fences (over six feet in height), 200% of the minimum fee.

(g) Sheds as defined in the New Jersey Uniform Construction Code:

[1] Those not requiring a foundation system: minimum fee.

[2] Sheds with a required foundation system: 200%, of the minimum fee.

(h) Temporary signs: minimum fee.

(i) Permanent signs:

[1] Wall- or surface-mounted signs: $100.

[2] Pylon, pillar, monument, and similar signs: $220.

(j) Demolition. Flat rate, depending on building class when occupied as follows.

[1] Class 1: $600.

[2] Class 2: $400.

[3] Class 3: $200.

[4] Demolition of swimming pools.

[a] Aboveground: minimum fee.

[b] In-ground: same as established rate for Class 3 demolition.

[5] Demolition of shed: minimum fee per use group.

(k) Installation or erection of temporary structures, tents, tensioned membrane structures, canopies, and greenhouses, as defined in N.J.A.C. 5:23 shall be $250.

(l) Buildings moved or relocated, unit rate: $16 per $1,000 (minimum fee: $250); unit rate times the total estimated cost of the following.

[1] New foundation.

[2] All other costs necessary to complete structure.

(m) Fees for retaining walls shall be as follows:

[1] The fee for a retaining wall with a surface area greater than 550 square feet that is associated with a Class 3 residential structure shall be $240.

[2] The fee for a retaining wall with a surface area of 550 square feet or less that is associated with a Class 3 residential structure shall be $140.

[3] The fee for a newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction, at the same rate of Subsection B(1)(b) above.

(n) Photovoltaic systems.

[1] Ground-mounted systems shall be charged fees based on the cost of the construction, at the same rate of Subsection B(1)(b) above.

[2] Roof-mounted installations shall be charged a flat fee of $160 for Use Group R5. All other use groups shall be charged fees based on the designated kilowatt rating of each solar photovoltaic systems as follows:

[a] 1 to 50 kilowatts, the fee shall be $260.

[b] 51 to 100 kilowatts, the fee shall be $500.

[c] Greater than 100 kilowatts, the fee shall be $750.

(2) The minimum plumbing subcode fee shall be $60 for the R-2 Use Group, $70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use groups. All other fees shall be charged as stated below.

(a) The fee shall be $20 per drip pan, humidifier, whirlpool tub, combustion air, fixture, vent or stack. For the purpose of computing this fee, fixtures, vents or stacks shall include but not be limited to water closets, urinals, bidets, lavatories, sinks, showers, floor drains, washing machines, dishwashers, hose bibs, drinking fountains, indirect waste or water connections, residential solar systems, roof drains, storm drains, leaders, sump pumps, and conductors.

(b) The fee shall be $80 per special device. For the purpose of computing this fee, special devices shall include but not be limited to sewage ejectors, commercial water conditioning equipment, commercial water heaters, grease traps, oil separators, refrigeration units, backflow devices, reduced pressure backflow devices, booster pumps, heat exchangers, furnaces, air-conditioning condensers and coils, active solar systems, sewer pumps, interceptors, and trap primers.

(c) A flat fee of $200 shall be charged for each new nonresidential complete HVAC system installation, consisting of a furnace, compressor, A-coil, drip pan, condensate pump or discharge line, humidifier, or any combination thereof, and shall include inspection for required combustion air.

(d) A fee of $160 shall be charged for the first two pieces of equipment of each new nonresidential mini-split system. $40 shall be charged for each additional piece of equipment thereafter.

(e) The minimum fee shall be charged for each residential sewer, septic and water utility connection. The fee for commercial, industrial, private on-site sanitary and storm sewers and domestic water lines and combination mains shall be $100 for up to and including the first 100 feet. Each additional 10 feet or portion thereof shall be charged an additional $20 per 10 feet or portion thereof.

(f) The minimum fee shall be charged for each of the following: furnace, residential water heater, swimming-pool water heater, water heater coil, ultraviolet system, central air conditioning, pool drains, steam shower units, commercial-industrial refrigeration piping, package units, and tempering valves. Gas piping, liquefied petroleum gas piping, and fuel oil piping shall each be charged the minimum fee, and include provisions for the installation of up to four appliances. For the fifth and each additional appliance, the fee shall be an additional $20.

(g) Hot water and steam boilers: $160 shall be charged for each new or replacement complete hot water and steam boiler system installation, consisting of a boiler, backflow preventer, temperature mixing valve control, domestic hot water coil combustion air, or any combination thereof.

(h) The minimum fee shall be charged for single-boiler hydronic piping for the R-5 Use.

(i) Liquefied petroleum gas tanks shall be charged the minimum fee for the first two tanks. $30 shall be charged for each tank thereafter.

(j) Geothermal systems: $160 for each system, inclusive of all piping and equipment.

(k) Roof top units: $120 each.

(3) Mechanical subcode fees, which are only applicable to the R-3, R-4 and R-5 Use Groups, shall be $70 minimum, and shall otherwise be charged as follows:

(a) The fee for the replacement of an individual mechanical device shall be the minimum fee for the first device, and 50% of the minimum fee for each additional device, and shall include inspection for required combustion air.

(b) No separate fee shall be charged for gas, fuel oil, or water piping connections associated with the mechanical equipment inspected.

(c) A flat fee of $140 shall be charged for each new or replacement complete HVAC system installation, consisting of a furnace, compressor, a-coil, drip pan, condensate pump or discharge line, humidifier, combustion air, or any combination thereof.

(4) The minimum electrical subcode fee shall be $60 for the R-2 Use Group, $70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use groups. All other fees shall be charged as stated below.

(a) Electrical fixtures, devices, and light poles or standards:

[1] From one to 10 receptacles, fixtures or switches: minimum fee.

[2] Each additional 20 receptacles, fixtures or switches or portion thereof: 50% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.

[3] For the purpose of computing this fee, receptacles, fixtures or switches shall include lighting outlets, smoke detectors, heat detectors, fluorescent fixtures and receptacles, intercom devices, burglar alarm detectors, thermostats, CRT (cathode-ray terminal) outlets and any similar device or motor of one horsepower or one kilowatt or less.

(b) Motors.

Size (horsepower)	Fee for each
1.1 to 10	$20
10.1 to 50	Minimum fee, per applicable use group, as stated in Subsection B(4) above
50.1 to 100	200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
100.1 to 500	$330
Over 500	$330 plus $120 for each additional 100 horsepower over 500 horsepower

(c) Electrical devices, transformers and commercial standby generators:

Size (kilowatts/kva)	Fee for each
1.1 to 10	50% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
10.1 to 50	$80
50.1 to 100	200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above
100.1 to 500	$330
Over 500	$330 plus $120 for each additional 100 kilowatts over 500 kilowatts

(d) Residential standby generators:

Number of Kilowatts	Fee
1 to 12	$80
12.01 to 20	$100
20.01 to 30	$120
For each additional 10	$20

(e) For the purpose of computing this fee, typical electric device sizes are listed below, and the proper kilowatt rating must be noted on the application so that the proper fee can be assessed. This typical list is not all-inclusive.

[1] Dishwasher: 1.2 kilowatts.

[2] Hot-water heater: 4.5 kilowatts.

[3] Electric dryer: five kilowatts.

[4] Apartment-sized range: eight kilowatts.

[5] Electric baseboard heat: 250 watts per foot.

[6] Alarm master unit.

[7] Intercom master unit.

[8] All others: apply kilowatt schedule.

(f) Low-voltage service equipment, including service panels, subpanels, and service entrances.

Size (amperes)	Fee
Under 200	$80
200	$160
Over 200 to 800	$200
800.01 to 2,000	$330
Over 2,000	$330 plus $120 for each additional 500 amperes over 2,000 amperes

(g) High-voltage service (over 600 volts): $550.

(h) For electrical work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be based on the designated ampere rating of the overcurrent device of the service or feeder in accordance with Subsection B(4)(f) above.

(i) Construction temporary pole service including up to 10 receptacles: 200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.

(j) Air conditioners: apply kilowatt schedule in Subsection B(4)(c) above.

(k) Pools:

[1] Aboveground pools:

[a] R-5 Use Group: $120.

[b] All other use groups: 200% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.

[2] In-ground pools:

[a] R-5 Use Group: $180.

[b] All other use groups: 300% of the minimum fee, per applicable use group, as stated in Subsection B(4) above.

[3] For pump, bonding and convenience outlet, subpanels, lights, sweepers, etc.: extra at published rates.

[4] Annual pool inspection, commercial pools: $200.

(l) Trailer connections: minimum fee, per applicable use group, as stated in Subsection B(4) above.

(m) Photovoltaic systems: The fee shall be based on the designated kilowatt rating of each solar photovoltaic system as follows:

Number of Kilowatts	Fee
1 to 10	$140
11 to 50	$260
51 to 100	$350
101 to 200	$400
For each additional 100	$75

(5) The minimum fire subcode fee shall be $60 for the R-2 Use Group, $70 for the R-3, R-4 and R-5 Use Groups, and $100 for all other use groups. All other fees shall be charged as stated below.

(a) Sprinkler heads.

Number of Heads	Fee
1 to 5	Minimum fee
6 to 20	$120
21 to 100	$200
101 to 200	$250
201 to 400	$625
401 to 1,000	$850
1,001 to 1,400	$1,100
1,401 to 1,800	$1,350
Over 1,800	$1,600

(b) Standpipe systems-each riser: $300 each.

(c) Sprinkler valves:

[1] Alarm valve: $100 each.

[2] Dry pipe valve: $200 each.

[3] Pre-action valve: $200 each.

(d) Fire pumps: $300.

(e) Each private fire hydrant: $100.

(f) Installation of freestanding Fire Department connection: $200.

(g) Underground fire service main shall be $100 for up to and including the first 100 feet. Each additional 10 feet or portion thereof shall be charged an additional $20 per 10 feet or portion thereof.

(h) Fire alarms:

[1] Alarm, supervisory, monitoring modules, and signaling devices:

Use Group	Fee (per device)
R-5	$5
All others	$10

[2] Control panels: $200 each.

[3] Booster panels: $100 each.

(i) Pre-engineered systems; wet chemical, FM-200, carbon dioxide, inergin, foam systems: $200 each.

(j) Smoke control systems: $500.

(k) Heat-producing devices, chimneys and generators. The minimum fee shall be charged for each of the following: prefabricated fireplaces, fireplace inserts, solid fuel stoves, pellet stoves, furnaces, metal chimneys, chimney liners and generators.

(l) Commercial kitchen exhaust system and hazardous exhaust systems: $350 each.

[1] Residential kitchen exhaust systems up to 400 cfm: minimum fee.

[2] Residential kitchen exhaust systems over 400 cfm: $100.

(m) Installation of fuel storage tanks.

[1] Use Group R-5: minimum fee each.

[2] All other use groups: $120 each.

(n) Fuel dispensing systems: This includes aboveground tanks, and underground tanks with associated underground piping, and pumps:

[1] Per new tank installed: $200.

[2] Replacement of fuel dispensing pumps: minimum fee per pump.

(o) Installation of underground water storage tanks: $250, each.

(p) Removal of underground storage tanks shall be charged fees as follows:

[1] For the R-5 use groups: $80 each.

[2] For all other use groups: $220 each.

(q) Removal of aboveground storage tanks shall be charged fees as follows:

[1] Minimum fee each for the R-3, R-4 and R-5 Use Groups.

[2] For all other use groups: $100 each.

(r) Liquid carbon dioxide system: $150 each.

(s) Solar array, nonresidential uses: $150 each.

(t) Elevator devices: $300 each.

(u) Emergency responder radio systems: $300 flat fee.

(v) Fire extinguisher fees shall be charged per number of units installed as follows:

Number of Units	Fee
1 through 10	No charge.
11 to 20	$80
21 to 40	$120
41 to 100	$160
101 or more	$200

(6) Elevator subcode fee.

(a) Elevator registration and plan review fees shall be as follows:

[1] Initial registration fee for each elevator device in any structure that is not of Group R-3, R-4, or that is not an exempted structure of Group R-2, shall be $100. A re-registration fee of $100 shall be required for each structure containing one or more elevator devices, upon change of ownership.

[2] The fees for plan review for elevator devices in structures of Group R-3, R-4, or R-5 and for elevator devices wholly within dwelling units in structures in Group R-2 shall be $92 for each device.

[3] The fees for plan review for elevator devices, in structures other than R-3, R-4, or R-5 and devices in structures of Group R-2 exempted above, shall be $480 for each device.

[4] The fee for registration of elevator devices shall be $100, and a re-registration fee will be due in the event of a change of ownership.

(b) The fees for witnessing acceptance tests and performing inspections on new and altered devices shall be as follows:

[1] Basic fees for elevator devices in structures not of Group R-3, R-4, or R-5 or in an exempted structure shall be as follows:

[a] Traction and winding drum elevators, one to 10 floors: $448; and over 10 floors: $747.

[b] Hydraulic elevators: $398.

[c] Roped hydraulic elevators: $448.

[d] Escalators/moving walks: $398.

[e] Dumbwaiters: $99.

[f] Stairway chairlifts, inclined and vertical wheelchair lifts and man lifts: $99.

(c) Additional charges for devices equipped with the following features shall be as follows:

[1] Oil buffers, per unit: $79.

[2] Counterweight governor and safeties: $199.

[3] Auxiliary generator: $149.

(d) The fee for elevator devices in structures of Group R-3, R-4 or R-5 or otherwise exempt devices in structures in Group R-2 shall be $299. This fee shall be waived when signed statements and supporting inspection and an approved qualified agent or agency files acceptance test reports.

(e) The fee for performing minor inspections shall be $100.

(f) The fees for required routine and periodic tests for escalators in structures not of Group R-3, R-4, or R-5 or otherwise exempt in structures of Group R-2 shall be $211 for six-month routine inspection.

(g) The fee for the one-year periodic inspection and witnessing of tests of elevator devices, which shall include a six-month routine inspection, shall be as follows:

[1] Traction and winding drum, one to 10 floors: $398; 10 floors or more: $478.

[2] Hydraulic elevators: $299.

[3] Roped hydraulic elevators: $398.

[4] Escalators/moving walks: $639.

[5] Dumbwaiters: $158.

[6] Man lifts, stairway chairlifts, inclined and vertical wheelchair lifts: $240.

(h) Additional yearly periodic inspection charges for elevators equipped with the following features shall be as follows:

[1] Oil buffers, per item: $79.

[2] Counterweight governor and safeties: $158.

[3] Auxiliary power generator: $100.

(i) The fee for the three-year or five-year inspection of elevator devices shall be as follows:

[1] Traction and winding drum elevators, one to 10 floors: $677; and 10 floors or more: $853.

[2] Hydraulic and roped hydraulic elevators, three-year inspection: $498; and five-year inspection: $299.

(j) The fee for any reinspection of an elevator device shall be set at $203 and shall be billed separately from the fees upon the issuance of a notice of violation necessitating a reinspection.

C. The fee for plan review shall be 20% of the amount to be charged for the construction permit. The fee for plan review of prototype plans shall be 5% of the amount to be charged for the prototype permit.

D. The fee for review of any amendment or change to a plan that has already been released, and for any applicable joint plan review between subcodes on an application, shall be charged at a rate of $40 per one-half hour, per subcode. Fees shall be rounded to the nearest one-half hour. A minimum fee of $40 shall be charged.

(1) Change of contractor fee: $20 per subcode technical section issued.

E. Variation fees shall be charged as per the building class of the structure as follows:

(1) Class 1: $350.

(2) Class 2: $225.

(3) Class 3: $100.

(4) Resubmission of a variation shall be charged 50% of the original fee.

F. The fees for certificates of occupancy shall be as follows:

(1) Certificate of occupancy. The fee shall be in the amount of 10% of the new construction permit fee. The minimum shall be $120, except for one- and two-family dwellings (R-5) wherein the minimum fee shall be $60. This shall apply whether the certificate of occupancy is temporary or permanent in nature.

(2) Temporary certificate of occupancy. The fee for temporary certificate of occupancy or extensions shall not exceed $30. There shall be no fee charged for the first issuance of a temporary certificate of occupancy, provided the certificate of occupancy fee is paid at that time.

(3) Certificate of continued occupancy.

(a) The fee for a certificate of continued occupancy shall be $200, and shall be required for all changes in occupancy of nonresidential use groups.

(b) A certificate of continued occupancy issued for a finished basement in a residential use group, in which work was completed prior to the issuance of a construction permit, shall be charged a flat fee of $400.

(4) The fee for a certificate of occupancy granted to a change of use shall be $200.

(5) Occupancy placards: no fee for the first issuance. Fees for a replacement shall be charged the same as those for a temporary certificate of occupancy as stated in Subsection F(2) above.

(6) The fee for a certificate of compliance for hazardous equipment maintained or installed in accordance with the New Jersey Uniform Construction Code, delineating the approval period, shall be $100.

G. Limited certificates of approval.

(1) Limitations. Equipment hereinbelow listed, having been determined to create a significant potential for hazard to public health and safety, shall be granted a certificate of approval by the appropriate subcode official or other approved agency for the duration specified herein:

(a) Elevators, six months: $26.

(b) Platform lifts, six months: $25.

(c) Dumbwaiters, 12 months: $25.

(d) High-pressure boilers, 12 months: as provided by the state.

(e) Refrigeration systems, 12 months: as provided by the state.

(f) Pressure vessels, 12 months: as provided by the state.

(g) Cross-connections/backflow preventers (backflow preventers equipped with test ports only), 12 months, each building: $100 for up to four backflow preventers or portion thereof per building, included in the report provided.

(2) Such equipment shall be periodically reinspected or tested in accordance with the provisions of the regulations prior to the expiration of such certificate of approval and any violations corrected before a new certificate may be issued.

(3) No such system or assembly shall continue in operation unless a valid certificate of approval has been reissued. It shall be a violation of the regulations for an owner to fail to provide for such periodic inspection and testing.

(4) Revocation. The enforcing agency may revoke a certificate of occupancy whenever a condition of a certificate has been violated.

(5) Time limit. The provisions of the regulations do not preclude periodic certification pursuant to other applicable laws or ordinances.

H. Lapsed permits. The fee for the reinstatement of a lapsed permit, for which no changes are made or required by mandated code changes, shall be 50% of the original lapsed permit fee.

I. No refunds will be given for inactive permits. Active permits fees may be refunded in compliance with N.J.A.C. 5:23-2.27 and 5:23-4.23.

J. State of New Jersey permit fees.

(1) In order to provide for the training, certification and technical support programs required by the Uniform Construction Code Act, the enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee of $0.00371 per cubic foot of volume of new construction. The fee for all other construction shall be $1.90 per $1,000 of value of construction. The minimum permit surcharge fee shall be $1. 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 March 31, June 30, September 30 and December 31 and not later than one month next succeeding the end of the quarter for which it is due.

(2) The enforcing agency shall report annually at the end of each state 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 (state fiscal year) quarters.

K. Annual permits. The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based on the number of maintenance workers who are employed by the facility and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building, fire protection, electrical and plumbing. Fees shall be as follows:

(1) One to 25 workers (including foreman): $960 per worker; each additional worker over 25: $360 per worker.

(2) Prior to the issuance of the annual permit, a training registration fee of $260 per subcode shall be submitted by the applicant to the Department of Community Affairs, Construction Code Element, Training Section, along with a copy of the construction permit (Form F-170A). Checks shall be made payable to "Treasurer, State of New Jersey."

L. Hourly charges and fees for development-wide inspection of homes after issuance of a certificate of occupancy shall be in such amount as may be reasonable and necessary in order to ascertain whether a violation exists or to verify that any work performed has abated the violation.

(1) The hourly charge shall be the same as the hourly rate set forth in Subsection D above, times the number of hours spent by each code official in determining whether a violation exists or verifying that any work performed has abated the violations.

M. All penalty monies shall be collected under penalty provision of the UCC. All penalties collected shall be retained by the Building Department and shall be placed in a special trust fund to be applied to the cost of the department for training, education, technical support programs, certification, new equipment and transportation. An independent fund shall be set up and retained by the Director of Finance to be the trustee of this account.

N. The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Township Committee, biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.

§ 145-4 Establishment of fire limits.

The establishment of fire limits and implementation of the requirements relating thereto is hereby deferred pursuant to the enabling legislation to be determined prior to July 1, 1979. Said action is being deferred due to the existing conditions as indicated by the Building Construction Official that there are no buildings or other properties in the Township which come within the limitations as set forth in N.J.A.C. 5:23 and that the Land Development Ordinance (Hillsborough Township Ord. No. 76-18[1]) does not permit any future construction of any building or other property which would result in conditions controlled by N.J.A.C. 5:23.

[1] Editor's Note: See Ch. 188, Land Use and Development.

§ 145-5 Adoption of additional rules.

The enforcing agency and the Board of Appeals may adopt rules for their internal governance not inconsistent with any specific provision of law or the regulations and subject to the approval of the Hillsborough Township Committee.

§ 145-6 Waiver of building permit fees for disabled persons.

A. No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private structure or any of the facilities contained therein.

B. 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 improvement which promotes accessibility to his or her own living unit.

C. "Disabled person" means a person who has a 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 this state who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416), or the 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 purposes of this subsection, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a corrective lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual fields subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

§ 145-7 Waiver of enforcing agency fees for nonprofit organizations.

The Construction Department is authorized to waive enforcing agency fees for nonprofit organizations engaged in constructing or rehabilitating affordable housing units as defined in N.J.S.A. 52:27D-126d, but not Department of Community Affairs training fees, unless so qualified by N.J.A.C. 5:23-4.19.